Office of Public Sector Information
Section 119.
1 In subsection (4A) of section 49 of the 1933 Act (restrictions on reports of proceedings), for paragraph (e) there shall be substituted the following paragraph—
“(e) where a detention and training order is made, the enforcement of any requirements imposed under section 76(6)(b) of the Crime and Disorder Act 1998.”
2 In subsection (1A) of section 55 of the 1933 Act (power of court to order parent or guardian to pay fine imposed on child or young person), after paragraph (c) there shall be inserted the words “or
(d) a court would impose a fine on a child or young person under section 77(3) of the Crime and Disorder Act 1998 (breach of requirements of supervision under detention and training order) or paragraph 3 of Schedule 5 to that Act (breach of requirements of reparation order or action plan order),”.
3 After subsection (1) of section 56 of the 1933 Act (powers of other courts to remit young offenders to youth courts) there shall be inserted the following subsection—
“(1A) References in subsection (1) above to an offender’s being committed for trial include references to his being sent for trial under section 51 of the Crime and Disorder Act 1998.”
4 In section 58 of that Act (power of Secretary of State to send certain young offenders to approved schools), for the words “subsection (2)”, in both places where they occur, there shall be substituted the words “subsection (3)”.
5 (1) In subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders)—
(a) after paragraph (ab) there shall be inserted the following paragraph—
“(ac) the person charged has been sent for trial for the offence under section 51 (no committal proceedings for indictable-only offences) of the Crime and Disorder Act 1998 (“the 1998 Act”); or”; and
(b) after paragraph (b) there shall be inserted the words “or
(c) the bill is preferred under section 22B(3)(a) of the [1985 c. 23.] Prosecution of Offences Act 1985.”
(2) After paragraph (iA) of the proviso to that subsection there shall be inserted the following paragraph—
“(iB) in a case to which paragraph (ac) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 51(7) of the 1998 Act, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may be lawfully joined in the same indictment;”.
6 In subsection (1) of section 43 of the Prison Act 1952 (which enables certain institutions for young offenders to be provided and applies provisions of the Act to them), for paragraph (d) there shall be substituted the following paragraph—
“(d) secure training centres, that is to say places in which offenders in respect of whom detention and training orders have been made under section 73 of the Crime and Disorder Act 1998 may be detained and given training and education and prepared for their release.”
7 (1) In subsection (1) of section 49 of that Act (persons unlawfully at large), for the words from “imprisonment” to “secure training centre” there shall be substituted the words “imprisonment or custody for life or ordered to be detained in secure accommodation or in a young offenders institution”.
(2) In subsection (2) of that section—
(a) for the words from “imprisonment” to “secure training centre” there shall be substituted the words “imprisonment, or ordered to be detained in secure accommodation or in a young offenders institution”; and
(b) for the words from “in a prison” to “secure training centre” there shall be substituted the words “in a prison or remand centre, in secure accommodation or in a young offenders institution”.
(3) After subsection (4) of that section there shall be inserted the following subsection—
“(5) In this section “secure accommodation” means—
(a) a young offender institution;
(b) a secure training centre; or
(c) any other accommodation that is secure accommodation within the meaning given by section 75(7) of the Crime and Disorder Act 1998 (detention and training orders).”
8 In subsection (4) of section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court), after the words “committed for trial” there shall be inserted the words “, or sent for trial under section 51 of the Crime and Disorder Act 1998,”.
9 (1) In subsection (2) of section 56 of the Criminal Justice Act 1967 (committal for sentence for offences tried summarily)—
(a) for the words “sections 37, 38 and 38A” there shall be substituted the words “sections 38 and 38A”; and
(b) for the words “section 17(3) of the Crime (Sentences) Act 1997 (committal for breach of conditions of release supervision order)” there shall be substituted the words “section 40(3)(b) of the [1991 c. 53.] Criminal Justice Act 1991 (committal for sentence for offence committed during currency of original sentence)”.
(2) Subsection (6) of that section shall cease to have effect.
10 In subsection (5) of section 67 of that Act (computation of sentences of imprisonment or detention passed in England and Wales)—
(a) in paragraph (b), for the words “section 53(2)” there shall be substituted the words “section 53(3)”; and
(b) paragraph (c) shall cease to have effect.
11 At the end of subsection (2) of section 104 of that Act (general provisions as to interpretation) there shall be inserted the words “if—
(a) the sentences were passed on the same occasion; or
(b) where they were passed on different occasions, the person has not been released under Part II of the [1991 c. 53.] Criminal Justice Act 1991 at any time during the period beginning with the first and ending with the last of those occasions.”
12 In subsection (2) of section 9 of the Criminal Appeal Act 1968 (appeal against sentence following conviction on indictment), after the words “for either way offence)” there shall be inserted the words “or paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998 (power of Crown Court to deal with summary offence where person sent for trial for indictable-only offence)”.
13 (1) In subsection (2) of section 10 of that Act (appeal against sentence in other cases dealt with at Crown Court), the words “(other than a supervision order within the meaning of that Part)” shall cease to have effect.
(2) In subsection (3) of that section, after paragraph (c) there shall be inserted the following paragraph—
“(cc) where the court makes such an order with regard to him as is mentioned in section 40(3A) of the Criminal Justice Act 1991.”
14 (1) In subsection (2) of section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), after the words “a secure training order” there shall be inserted the words “or a detention and training order”.
(2) In subsection (2A) of that section, after paragraph (b) there shall be inserted the following paragraph—
“(c) in the case of a person who has been subject to a detention and training order—
(i) the date on which he is released from detention under the order;
(ii) the date on which he is released from detention ordered under section 77 of the Crime and Disorder Act 1998; or
(iii) the date of the half-way point of the term of the order,
whichever is the later.”
15 In subsection (1) of section 52 of that Act (forfeiture and disposal of firearms), for the words “secure training order” there shall be substituted the words “detention and training order”.
16 In subsection (8) of section 7 of the 1969 Act (alterations in treatment of young offenders etc.), for the words from “person guilty” to “were begun” there shall be substituted the words “child or young person guilty of an offence”.
17 In section 11 of the 1969 Act (supervision orders), for the words “a local authority designated by the order or of a probation officer” there shall be substituted the following paragraphs—
“(a) a local authority designated by the order;
(b) a probation officer; or
(c) a member of a youth offending team,”
18 Section 12D of the 1969 Act (duty of court to state in certain cases that requirement in place of custodial sentence) shall cease to have effect.
19 After subsection (3) of section 13 of the 1969 Act (selection of supervisor) there shall be inserted the following subsection—
“(4) Where a provision of a supervision order places a person under the supervision of a member of a youth offending team, the supervisor shall be a member of a team established by the local authority within whose area it appears to the court that the supervised person resides or will reside.”
20 (1) In subsection (8) of section 16 of the 1969 Act (provisions supplementary to section 15), after the words “under the preceding section” there shall be inserted the words “by a relevant court (within the meaning of that section)”.
(2) Subsection (10) of that section shall cease to have effect.
21 After section 16A of the 1969 Act there shall be inserted the following section—
(1) The provisions of section 12 of the Criminal Justice Act 1991 (curfew orders) shall apply for the purposes of section 15(3)(a) of this Act but as if—
(a) in subsection (1), for the words from the beginning to “before which he is convicted” there were substituted the words “Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of section 15(3)(a) of the Children and Young Persons Act 1969, the court”; and
(b) in subsection (8), for the words “on conviction” there were substituted the words “on the date on which his failure to comply with a requirement included in the supervision order was proved to the court”.
(2) Schedule 2 to the [1991 c. 53.] Criminal Justice Act 1991 (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that section but as if—
(a) the power conferred on the magistrates' court by each of paragraphs 3(1)(d) and 7(2)(a)(ii) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;
(b) the power conferred on the Crown Court by paragraph 4(1)(d) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;
(c) the reference in paragraph 7(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and
(d) the power conferred on the Crown Court by paragraph 8(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court (if that order was made by a magistrates' court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.
(3) For the purposes of the provisions mentioned in subsection (2)(a) and (d) above, as applied by that subsection, if the supervision order is no longer in force the relevant court’s powers shall be determined on the assumption that it is still in force.
(4) In this section “relevant court” has the same meaning as in section 15 above.”
22 In subsection (14) of section 23 of the 1969 Act (remands and committals to local authority accommodation), paragraph (a) shall cease to have effect.
23 In subsection (1) of section 70 of the 1969 Act (interpretation), after the definition of “young person” there shall be inserted the following definition—
““youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.”
24 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply), at the end of the list of “Other Bodies” there shall be inserted the following entry— “Youth Justice Board for England and Wales.”
25 After subsection (1) of section 1A of the 1973 Act (absolute and conditional discharge) there shall be inserted the following subsection—
“(1A) Subsection (1)(b) above has effect subject to section 66(4) of the Crime and Disorder Act 1998 (effect of reprimands and warnings).”
26 (1) In subsection (1) of section 2 of the 1973 Act (probation orders), the words “by a probation officer” shall cease to have effect and for the words “the supervision of a probation officer” there shall be substituted the word “supervision”.
(2) In subsection (2) of that section, for the words “a probation officer appointed for or assigned to that area” there shall be substituted the following paragraphs—
“(a) a probation officer appointed for or assigned to that area; or
(b) where the offender is under the age of 18 years when the order is made, a member of a youth offending team established by a local authority specified in the order.”
(3) After that subsection there shall be inserted the following subsection—
“(2A) The local authority specified as mentioned in subsection (2)(b) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.”
(4) In subsection (4) of that section, for the words “the probation officer” there shall be substituted the words “the person”.
(5) After that subsection there shall be inserted the following subsection—
“(4A) In the case of an offender under the age of 18 years, the reference in subsection (4) above to a probation officer includes a reference to a member of a youth offending team.”
(6) In subsection (6) of that section—
(a) for the words “the probation officer” there shall be substituted the words “the person”; and
(b) for the words “that officer” there shall be substituted the words “that person”.
27 (1) In subsection (4) of section 14 of the 1973 Act (community service orders), for the words from “a probation officer” to the end there shall be substituted the following paragraphs—
“(a) a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of Part IV of Schedule 2 to the [1991 c. 53.] Criminal Justice Act 1991);
(b) a person appointed for the purposes of those provisions by the probation committee for that area; or
(c) in the case of an offender under the age of 18 years when the order is made, a member of a youth offending team established by a local authority for the time being specified in the order (whether under this subsection or by virtue of that Part).”
(2) After that subsection there shall be inserted the following subsection—
“(4A) The local authority specified as mentioned in subsection (4)(c) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.”
(3) After subsection (8) of that section there shall be inserted the following subsection—
“(9) In the case of an offender under the age of 18 years, references in subsections (2), (5)(c) or (6) above to a probation officer include references to a member of a youth offending team.”
28 In subsection (2) of section 21 of the 1973 Act (restriction on imposing sentences of imprisonment etc. on persons not legally represented)—
(a) after the words “sentence or trial,” there shall be inserted the words “or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998,”; and
(b) for the words “which committed him” there shall be substituted the words “which committed or sent him”.
29 In subsection (1)(b) of section 32 of the 1973 Act (enforcement etc. of fines imposed and recognizances forfeited by Crown Court), after the words “or dealt with” there shall be inserted the words “, or by which he was sent to that Court for trial under section 51 of the Crime and Disorder Act 1998”.
30 After subsection (2) of section 23 of the 1973 Act (power of court on conviction of further offence to deal with suspended sentence) there shall be inserted the following subsection—
“(2A) The power to make an order under subsection (2) above has effect subject to section 102 of the Crime and Disorder Act 1998.”
31 In section 42 of the 1973 Act (power of Crown Court on committal for sentence), subsection (2) shall cease to have effect.
32 In subsection (1) of section 46 of the 1973 Act (reports of probation officers), after the words “probation officer” there shall be inserted the words “or a member of a youth offending team”.
33 In subsection (1) of section 57 of the 1973 Act (interpretation), after the definition of “suspended sentence” there shall be inserted the following definition—
““youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.”
34 (1) At the beginning of sub-paragraph (1) of paragraph 6 (requirements as to drug or alcohol dependency) of Schedule 1A to the 1973 Act there shall be inserted the words “Subject to sub-paragraph (1A) below,”.
(2) After that sub-paragraph there shall be inserted the following sub-paragraph—
“(1A) If the court has been notified by the Secretary of State that arrangements for implementing orders under section 61 of the Crime and Disorder Act 1998 (drug treatment and testing orders) are available in the area proposed to be specified in the probation order, and the notice has not been withdrawn, this paragraph shall have effect as if the words “drugs or”, in each place where they occur, were omitted.”
(3) After that paragraph there shall be inserted the following paragraph—
7 In the case of an offender under the age of 18 years, references in this Schedule to a probation officer include references to a member of a youth offending team.”
35 After subsection (6) of section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences) there shall be inserted the following subsection—
“(6A) Where in respect of a conviction a detention and training order was made under section 73 of the Crime and Disorder Act 1998, the rehabilitation period applicable to the sentence shall be—
(a) in the case of a person aged fifteen years or over at the date of his conviction, five years if the order was, and three and a half years if the order was not, for a term exceeding six months;
(b) in the case of a person aged under fifteen years at the date of his conviction, a period beginning with that date and ending one year after the date on which the order ceases to have effect.”
36 In subsection (2) of section 7 of that Act (limitations on rehabilitation under Act etc.), after paragraph (b) there shall be inserted the following paragraph—
“(bb) in any proceedings on an application for a sex offender order under section 2 or, as the case may be, 20 of the Crime and Disorder Act 1998 or in any appeal against the making of such an order;”.
37 After subsection (8A) of section 3 of the Bail Act 1976 (general provisions) there shall be inserted the following subsection—
“(8B) Subsection (8) above applies where a court has sent a person on bail to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998 as it applies where a court has committed a person on bail to the Crown Court for trial.”
38 In paragraph 8(1) of Schedule 1 to that Act (persons entitled to bail: supplementary provisions), after the words “subsection (6)(d)” there shall be inserted the words “or (e)”.
39 In subsection (3) of section 11 of the 1980 Act (certain sentences and orders not to be made in absence of accused), for the words “secure training order” there shall be substituted the words “detention and training order”.
40 (1) In subsection (1)(a) of section 24 of the 1980 Act (summary trial of information against child or young person for indictable offence), for the words “that subsection” there shall be substituted the words “subsection (3) of that section”.
(2) In subsection (2) of that section, for the words from “that other offence” to the end there shall be substituted the words “the charges for both offences could be joined in the same indictment”.
41 Section 37 of the 1980 Act (committal to Crown Court with a view to greater term of detention in a young offender institution) shall cease to have effect.
42 In subsection (1) of section 65 of the 1980 Act (meaning of “family proceedings”), after paragraph (p) there shall be inserted the following paragraph—
“(q) sections 11 and 12 of the Crime and Disorder Act 1998;”.
43 In subsection (2) of section 108 of the 1980 Act (right of appeal to the Crown Court), the words “a probation order or” shall cease to have effect.
44 In subsection (4)(c) of section 125 of the 1980 Act (warrants)—
(a) the word “and” at the end of sub-paragraph (ii) shall cease to have effect;
(b) in sub-paragraph (iii), for the words “or 97 above” there shall be substituted the words “, 97 or 97A above; and”; and
(c) after that sub-paragraph there shall be inserted the following sub-paragraph—
“(iv) paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998.”
45 In section 126 of the 1980 Act (execution of certain warrants outside England and Wales)—
(a) the word “and” at the end of paragraph (c) shall cease to have effect;
(b) after that paragraph there shall be inserted the following paragraph—
“(cc) warrants of arrest issued under section 97A above;”; and
(c) after paragraph (d) there shall be inserted the words “; and
(e) warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998.”
46 At the beginning of subsection (1) of section 133 of the 1980 Act (consecutive terms of imprisonment) there shall be inserted the words “Subject to section 102 of the Crime and Disorder Act 1998,”.
47 After subsection (1) of section 47 of the Supreme Court Act 1981 (sentences and other orders of Crown Court when dealing with offenders) there shall be inserted the following subsection—
“(1A) The power to give a direction under subsection (1) above has effect subject to section 102 of the Crime and Disorder Act 1998.”
48 In subsection (1)(a) of section 81 of the Supreme Court Act 1981 (bail), after the words “Criminal Justice Act 1987” there shall be inserted the words “or who has been sent in custody to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998”.
49 In subsection (2) of section 1 of the 1982 Act (general restriction on custodial sentences), for the words from “remanded in custody” to the end there shall be substituted the following paragraphs—
“(a) remanded in custody;
(b) committed in custody for trial or sentence; or
(c) sent in custody for trial under section 51 of the Crime and Disorder Act 1998.”
50 (1) In subsection (1) of section 1A of the 1982 Act (detention in a young offender institution), for the words “not less than 15 years of age” there shall be substituted the words “not less than 18 years of age”.
(2) In subsection (3) of that section, for the words “the minimum period applicable to the offender under subsection (4A) below” there shall be substituted the words “21 days”.
(3) In subsection (4) of that section, for the words “the minimum period applicable” there shall be substituted the words “21 days”.
(4) Subsection (4A) of that section shall cease to have effect.
(5) At the beginning of subsection (6) of that section there shall be inserted the words “Subject to section 102 of the Crime and Disorder Act 1998,”
51 In subsection (2) of section 1C of the 1982 Act (accommodation of offenders sentenced to detention in a young offender institution), the words “but if he is under 18 at the time of the direction, only for a temporary purpose” shall cease to have effect.
52 (1) In subsection (1) of section 3 of the 1982 Act (restriction on certain sentences where offender not legally represented), for paragraph (e) there shall be substituted the following paragraph—
“(e) make a detention and training order,”.
(2) In subsection (2) of that section—
(a) after the words “sentence or trial,” there shall be inserted the words “or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998,”; and
(b) for the words “which committed him” there shall be substituted the words “which committed or sent him”.
53 (1) In subsection (3)(a) of section 19 of the 1982 Act (breaches of attendance centre orders or attendance centre rules), the words “revoke it and” shall cease to have effect.
(2) In subsection (5) of that section, the words “revoke the attendance centre order and” shall cease to have effect.
(3) In subsection (5A) of that section, for paragraph (b) there shall be substituted the following paragraph—
“(b) in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of the [1991 c. 53.] Criminal Justice Act 1991.”
(4) After that subsection there shall be inserted the following subsection—
“(5B) Where a court deals with an offender under subsection (3)(a) or (5) above, it shall revoke the attendance centre order if it is still in force.”
54 In subsection (8) of section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship), for the words from “pass sentence of imprisonment” to “in respect of the offender” there shall be inserted the following paragraphs—
“(a) pass a sentence of imprisonment, impose a fine or make a community order (within the meaning of Part I of the Criminal Justice Act 1991) in respect of the offence; or
(b) make an order under section 58 of that Act (binding over of parent or guardian) in respect of the offender,”.
55 (1) In subsection (8A) of section 74 of the Mental Health (Scotland) Act 1984 (effect of certain directions), for the words “the Crime and Punishment (Scotland) Act 1997” there shall be substituted the words “Part I of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993”.
(2) The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 January 1998.
56 In subsection (4)(b) of section 2 (transfer of prisoners out of United Kingdom) of the Repatriation of Prisoners Act 1984, for sub-paragraph (i) there shall be substituted the following sub-paragraph—
“(i) released on licence under section 33(1)(b), (2) or (3), 33A(2), 34A(3) or 35(1) of the [1991 c. 53.] Criminal Justice Act 1991 or section 28(5) or 29(1) of the [1997 c. 43.] Crime (Sentences) Act 1997;”.
Crime and Disorder Act 1998