Office of Public Sector Information
SCHEDULE 8 continued
57 In subsection (9) of section 3 of that Act (transfer of prisoners into United Kingdom)—
(a) for the words “section 48 of the [1991 c. 53.] Criminal Justice Act 1991 (discretionary life prisoners transferred to England and Wales)” there shall be substituted the words “section 33 of the [1997 c. 43.] Crime (Sentences) Act 1997 (life prisoner transferred to England and Wales)”; and
(b) for the words “section 34 of that Act (duty of Secretary of State to release discretionary life prisoners)” there shall be substituted the words “section 28 of that Act (duty to release certain life prisoners)”.
58 (1) Paragraph 2 of the Schedule to that Act as it has effect, and is deemed always to have had effect, by virtue of paragraph 2 of Schedule 2 to the 1997 Act shall be amended as follows.
(2) In sub-paragraph (4), for the definition of “the enactments relating to release on licence” there shall be substituted the following definition—
““the enactments relating to release on licence” means sections 33(1)(b), (2) and (3), 33A(2), 34A(3), 35(1) and 37(1) and (2) of the [1991 c. 53.] Criminal Justice Act 1991 and section 28(5) and (7) of the [1997 c. 43.] Crime (Sentences) Act 1997;”.
59 (1) Paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to the prisoner) as it has effect by virtue of paragraph 3 of Schedule 2 to the 1997 Act—
(a) shall have effect in relation to all prisoners repatriated to England and Wales after the commencement of Schedule 2; and
(b) as it so has effect, shall be amended as follows.
(2) In sub-paragraph (2), for the words “34(3) and (5) and 35(1) of the [1991 c. 53.] Criminal Justice Act 1991” there shall be substituted the words “35(1) of the Criminal Justice Act 1991 and section 28(5) and (7) of the [1997 c. 43.] Crime (Sentences) Act 1997”.
(3) In sub-paragraph (4), for the definition of “the enactments relating to release on licence” there shall be substituted the following definition—
““the enactments relating to release on licence” means sections 33(1)(b), (2) and (3), 33A(2), 34A(3), 35(1) and 37(1) and (2) of the [1991 c. 53.] Criminal Justice Act 1991 and section 28(5) and (7) of the [1997 c. 43.] Crime (Sentences) Act 1997;”.
60 For paragraph 3 of the Schedule to that Act there shall be substituted the following paragraph—
3 Where the relevant provisions include provision equivalent to a sentence in relation to which subsection (1) of section 29 of the [1997 c. 43.] Crime (Sentences) Act 1997 (power to release certain life prisoners etc.) applies, that subsection shall have effect as if the reference to consultation with the trial judge if available were omitted.”
61 After subsection (4) of section 27 of the 1984 Act (fingerprinting of certain offenders and recording of offences) there shall be inserted the following subsection—
“(4A) In subsection (4) above “conviction” includes—
(a) a caution within the meaning of Part V of the [1997 c. 50.] Police Act 1997; and
(b) a reprimand or warning given under section 65 of the Crime and Disorder Act 1998.”
62 After section 47 of the 1984 Act there shall be inserted the following section—
Where a person has been charged with an offence at a police station, any requirement imposed under this Part for the person to appear or be brought before a magistrates' court shall be taken to be satisfied if the person appears or is brought before the clerk to the justices for a petty sessions area in order for the clerk to conduct a hearing under section 50 of the Crime and Disorder Act 1998 (early administrative hearings).”
63 In subsection (2) of section 23 of the 1985 Act (discontinuance of proceedings), after paragraph (b) there shall be inserted the following paragraph—
“(c) in the case of any offence, any stage of the proceedings after the accused has been sent for trial under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only and related offences).”
64 After that section there shall be inserted the following section—
(1) This section applies where—
(a) the Director of Public Prosecutions, or a public authority (within the meaning of section 17 of this Act), has the conduct of proceedings for an offence; and
(b) the accused has been sent for trial under section 51 of the Crime and Disorder Act 1998 for the offence.
(2) Where, at any time before the indictment is preferred, the Director or authority gives notice under this section to the Crown Court sitting at the place specified in the notice under section 51(7) of the Crime and Disorder Act 1998 that he or it does not want the proceedings to continue, they shall be discontinued with effect from the giving of that notice.
(3) The Director or authority shall, in any notice given under subsection (2) above, give reasons for not wanting the proceedings to continue.
(4) On giving any notice under subsection (2) above the Director or authority shall inform the accused of the notice; but the Director or authority shall not be obliged to give the accused any indication of his reasons for not wanting the proceedings to continue.
(5) The discontinuance of any proceedings by virtue of this section shall not prevent the institution of fresh proceedings in respect of the same offence.”
65 After subsection (3) of section 4 of the Criminal Justice Act 1987 (notices of transfer in serious fraud cases) there shall be inserted the following subsection—
“(4) This section and sections 5 and 6 below shall not apply in any case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies.”
66 In subsection (1) of section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.), at the end there shall be inserted the words “or are disclosed by material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where person sent for trial under section 51), has been served on the person charged”.
67 (1) In subsection (4) of section 20 of the Legal Aid Act 1988 (competent authorities to grant representation under Part V), after paragraph (a) there shall be inserted the following paragraph—
“(aa) which sends a person for trial under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences),”.
(2) After subsection (5) of that section there shall be inserted the following subsection—
“(5A) A magistrates' court which has a duty or a power to send a person for trial under section 51 of the Crime and Disorder Act 1998 is also competent, before discharging that duty or (as the case may be) deciding whether to exercise that power, as respects any proceedings before the Crown Court on the person’s trial.”
(3) In subsection (3)(a) of section 21 of that Act (availability of representation under Part V), after the word “committed” there shall be inserted the words “or sent”.
(4) In subsection (4) of that section, after the word “commits” there shall be inserted the words “or sends”.
68 In subsection (4) of section 8 of the 1989 Act (which defines “family proceedings”), after paragraph (h) there shall be inserted the following paragraph—
“(i) sections 11 and 12 of the Crime and Disorder Act 1998.”
69 In subsection (3) of section 47 of the 1989 Act (local authority’s duty to investigate), after the words “this Act” there shall be inserted the words “or section 11 of the Crime and Disorder Act 1998 (child safety orders)”.
70 (1) Section 16 of the Prisons (Scotland) Act 1989 (discharge of prisoners) which, notwithstanding its repeal by the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993, is an “existing provision” for the purposes of Schedule 6 to that Act of 1993, shall for those purposes be amended as follows.
(2) In subsection (1), for the words “or Sunday” there shall be substituted the words “Sunday or public holiday”.
(3) At the end there shall be inserted the following subsection—
“(3) For the purposes of this section “public holiday” means any day on which, in the opinion of the Secretary of State, public offices or other facilities likely to be of use to the prisoner in the area in which he is likely to be following his discharge from prison will be closed.”
71 In section 39 of that Act (rules for the management of prisons)—
(a) in subsection (7)—
(i) at the beginning there shall be inserted the words “Subject to subsection (7A) below,”;
(ii) for the words “a short-term or long-term prisoner within the meaning of” there shall be substituted the words “any person who is, or is treated as, a long-term or short-term prisoner for the purposes of any provision of”; and
(iii) the words from “and the foregoing” to the end shall cease to have effect; and
(b) after that subsection there shall be inserted the following subsections—
“(7A) Additional days shall not be awarded under rules made under subsection (7) above in respect of a sentence where the prisoner has at any time been released on licence, in relation to that sentence, under Part I of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993; and any reference to a sentence in such rules shall be construed in accordance with section 27(5) of that Act.
(7B) In the application of subsection (7) above to a prisoner subject to an extended sentence within the meaning of section 210A of the 1995 Act, the reference to his sentence shall be construed as a reference to the custodial term of that extended sentence.”
72 For subsection (3) of section 1 of the 1991 Act (restrictions on imposing custodial sentences) there shall be substituted the following subsection—
“(3) Nothing in subsection (2) above shall prevent the court from passing a custodial sentence on the offender if he fails to express his willingness to comply with—
(a) a requirement which is proposed by the court to be included in a probation order or supervision order and which requires an expression of such willingness; or
(b) a requirement which is proposed by the court to be included in a drug treatment and testing order or an order under section 61(6) of the Crime and Disorder Act 1998.”
73 In subsection (5)(a) of section 3 of the 1991 Act (procedural requirements for custodial sentences), for the words “a probation officer or by a social worker of a local authority social services department” there shall be substituted the following sub-paragraphs—
“(i) a probation officer;
(ii) a social worker of a local authority social services department; or
(iii) where the offender is under the age of 18 years, a member of a youth offending team;”.
74 In subsection (4) of section 6 of the 1991 Act (restrictions on imposing community sentences)—
(a) after paragraph (a) there shall be inserted the following paragraph—
“(aa) a drug treatment and testing order;”;
(b) the word “and” immediately following paragraph (e) shall cease to have effect; and
(c) after paragraph (f) there shall be inserted the following paragraph—
“(g) an action plan order.”
75 In subsection (3) of section 7 of the 1991 Act (procedural requirements for community sentences), after paragraph (a) there shall be inserted the following paragraph—
“(aa) a drug treatment and testing order;”.
76 In subsection (1) of section 11 of the 1991 Act (combination orders), for the words “the supervision of a probation officer” there shall be substituted the word “supervision”.
77 In subsection (3) of section 15 of the 1991 Act (regulation of community orders)—
(a) in paragraph (a), after the words “probation officer” there shall be inserted the words “or member of a youth offending team”; and
(b) after that paragraph there shall be inserted the following paragraph—
“(aa) in relation to an offender who is subject to a drug treatment and testing order, the probation officer responsible for his supervision;”.
78 In subsection (1) of section 31 of the 1991 Act (interpretation of Part I)—
(a) immediately before the definition of “attendance centre order” there shall be inserted the following definition—
““action plan order” means an order under section 69 of the Crime and Disorder Act 1998;”;
(b) in the definition of “custodial sentence”, in paragraph (b), after the word “age,” there shall be inserted the words “a detention and training order,” and the words “or a secure training order under section 1 of the Criminal Justice and Public Order Act 1994” shall cease to have effect; and
(c) after that definition there shall be inserted the following definitions—
““detention and training order” has the meaning given by section 73(3) of the Crime and Disorder Act 1998;
“drug treatment and testing order” means an order under section 61 of that Act;”.
79 (1) In subsection (1)(b) of section 32 of the 1991 Act (Parole Board), for the words “the functions conferred by Part II of the [1997 c. 43.] Crime (Sentences) Act 1997 (“Part II”)” there shall be substituted the words “the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter”.
(2) In subsections (3), (4) and (6) of that section, for the words “Part II” there shall be substituted the words “this Part or Chapter II”.
80 (1) In subsection (3) of section 33 of the 1991 Act (duty to release short-term and long-term prisoners)—
(a) in paragraph (a), for the words “subsection (1)(b) or (2) above or section 35 or 36(1) below” there shall be substituted the words “this Part”; and
(b) in paragraph (b), for the words “38(2) or 39(1)” there shall be substituted the words “39(1) or (2)”.
(2) After that subsection there shall be inserted the following subsection—
“(3A) In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 58 of the Crime and Disorder Act 1998).”
(3) Subsection (4) of that section shall cease to have effect.
81 After that section there shall be inserted the following section—
(1) As soon as a prisoner—
(a) whose sentence is for a term of less than twelve months; and
(b) who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section 38A(1) or 39(1) or (2) below,
would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.
(2) As soon as a prisoner—
(a) whose sentence is for a term of twelve months or more; and
(b) who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below,
would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.
(3) In the case of a prisoner who—
(a) has been released on licence under this Part and recalled to prison under section 39(1) or (2) below; and
(b) has been subsequently released on licence under section 33(3) or (3A) above and recalled to prison under section 39(1) or (2) below,
section 33(3) above shall have effect as if for the words “three-quarters” there were substituted the words “the whole” and the words “on licence” were omitted.”
82 In subsection (1) of section 36 of the 1991 Act (power to release prisoners on compassionate grounds), for word “prisoner” there shall be substituted the words “short-term or long-term prisoner”.
83 (1) In subsection (1) of section 37 of the 1991 Act (duration and conditions of licences)—
(a) for the words “subsection (2)” there shall be substituted the words “subsections (1A), (1B) and (2)”; and
(b) the words “any suspension under section 38(2) below or, as the case may be,” shall cease to have effect.
(2) After subsection (1A) of that section there shall be inserted the following subsection—
“(1B) Where a prisoner whose sentence is for a term of twelve months or more is released on licence under section 33A(2) or 34A(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the difference between—
(a) that proportion of his sentence; and
(b) the duration of the curfew condition to which he is or was subject.”
(3) In subsection (2) of that section, for the words “section 36(1) above” there shall be substituted the words “section 34A(3) or 36(1) above”.
(4) In subsection (4) of that section—
(a) after the words “a licence” there shall be inserted the words “under this Part”; and
(b) the words “(which shall include on his release conditions as to his supervision by a probation officer)” shall cease to have effect.
(5) After that subsection there shall be inserted the following subsection—
“(4A) The conditions so specified may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and shall in any other case, include on the person’s release conditions as to his supervision by—
(a) a probation officer appointed for or assigned to the petty sessions area within which the person resides for the time being; or
(b) where the person is under the age of 18 years, a member of a youth offending team established by the local authority within whose area the person resides for the time being.”
(6) For subsection (5) of that section there shall be substituted the following subsection—
“(5) The Secretary of State shall not include on release, or subsequently insert, a condition in the licence of a long-term prisoner, or vary or cancel any such condition, except after consultation with the Board.”
84 After subsection (5) of section 39 of the 1991 Act (recall of prisoners while on licence) there shall be inserted the following subsection—
“(5A) In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above.”
85 After subsection (4) of section 40 of the 1991 Act (convictions during currency of original sentences) there shall be inserted the following subsections—
“(5) Where the new 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.
(6) For the purposes of any enactment conferring rights of appeal in criminal cases, any such order as is mentioned in subsection (2) or (3A) above made with regard to any person shall be treated as a sentence passed on him for the offence for which the sentence referred to in subsection (1) above was passed.”
86 (1) For subsections (1) and (2) of section 41 of the 1991 Act (remand time to count towards time served) there shall be substituted the following subsections—
“(1) Where a person is sentenced to imprisonment for a term in respect of an offence, this section applies to him if the court directs under section 9 of the [1997 c. 43.] Crime (Sentences) Act 1997 that the number of days for which he was remanded in custody in connection with—
(a) the offence; or
(b) any other offence the charge for which was founded on the same facts or evidence,
shall count as time served by him as part of the sentence.
(2) For the purpose of determining for the purposes of this Part whether a person to whom this section applies—
(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 specified in the direction shall, subject to subsections (3) and (4) below, be treated as having been served by him as part of that sentence or period.”
(2) After subsection (3) of that section there shall be inserted the following subsection—
“(4) Where the period for which a licence granted under section 33A(2), 34A(3) or 36(1) above to a short-term prisoner remains in force cannot exceed one-quarter of his sentence, nothing in subsection (2) above shall have the effect of reducing that period.”
87 (1) In subsection (3) of section 43 of the 1991 Act (young offenders), for the words “subsections (1)” there shall be substituted the words “subsection (1)”.
(2) In subsection (5) of that section, for the words “section 37(4)” there shall be substituted the words “section 37(4A)”.
88 (1) In subsection (1) of section 45 of the 1991 Act (fine defaulters and contemnors), for the words “except sections 35 and 40” there shall be substituted the words “except sections 33A, 34A, 35 and 40”.
(2) In subsection (3) of that section—
(a) for the words “subsections (1) to (4)” there shall be substituted the words “subsections (1) to (3)”; and
(b) for the words “section 38(2) or 39(1)” there shall be substituted the words “section 39(1) or (2)”.
(3) In subsection (4) of that section—
(a) the words “any suspension under section 38(2) below; or” shall cease to have effect; and
(b) for the words “section 39(1)” there shall be substituted the words “section 39(1) or (2)”.
89 In subsection (2) of section 46 of the 1991 Act (persons liable to removal from the United Kingdom), for the words from “section 37(4)” to the end there shall be substituted the words “section 37 above shall have effect as if subsection (4A) were omitted”.
90 For subsection (2) of section 47 of the 1991 Act (persons extradited to the United Kingdom) there shall be substituted the following subsection—
“(2) In the case of an extradited prisoner, section 9 of the [1997 c. 43.] Crime (Sentences) Act 1997 (crediting of periods of remand in custody) shall have effect as if the days for which he was kept in custody while awaiting extradition were days for which he was remanded in custody in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.”
91 In section 50 of the 1991 Act (transfer by order of certain functions to Board), for subsection (3) (including that subsection as applied by any order under subsection (1) of that section) there shall be substituted the following subsection—
“(3) In section 37 above, in subsection (5) for the words “after consultation with the Board” there shall be substituted the words “in accordance with recommendations of the Board”, and subsection (6) shall be omitted.”
92 In subsection (4) of section 51 of the 1991 Act (interpretation of Part II)—
(a) for the words “Subsections (2) and (3)” there shall be substituted the words “Subsection (3)”; and
(b) for the words “as they apply” there shall be substituted the words “as it applies”.
93 After subsection (7) of section 53 of the 1991 Act (notices of transfer in certain cases involving children) there shall be inserted the following subsection—
“(8) This section shall not apply in any case in which section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences) applies.”
94 (1) In subsection (1) of section 65 of the 1991 Act (supervision of young offenders after release), for the words from “a probation officer” to the end there shall be substituted the following paragraphs—
“(a) a probation officer;
(b) a social worker of a local authority social services department; or
(c) in the case of a person under the age of 18 years on his release, a member of a youth offending team.”
(2) After that subsection there shall be inserted the following subsections—
“(1A) Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.
(1B) Where the supervision is to be provided by—
(a) a social worker of a local authority social services department; or
(b) a member of a youth offending team,
the social worker or member shall 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.”
95 In subsection (1) of section 99 of the 1991 Act (general 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.”
96 (1) After sub-paragraph (5) of paragraph 1 of Schedule 2 to the 1991 Act (enforcement etc. of community orders) there shall be inserted the following sub-paragraph—
“(6) Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court.”
(2) In sub-paragraph (1)(d) of paragraph 3 of that Schedule, the words “revoke the order and” shall cease to have effect.
(3) After sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraph—
“(2A) Where a magistrates' court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.”
(4) In sub-paragraph (1)(d) of paragraph 4 of that Schedule, the words “revoke the order and” shall cease to have effect.
(5) After sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraph—
“(2A) Where the Crown Court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.”
(6) After paragraph 12(4) of that Schedule there shall be inserted the following sub-paragraphs—
“(5) Where—
(a) the court amends a probation order or community service order under this paragraph;
(b) a local authority is specified in the order in accordance with section 2(2)(b) or 14(4)(c) of the 1973 Act; and
(c) the change, or proposed change, of residence also is or would be a change of residence from the area of that authority to the area of another such authority,
the court shall further amend the order by substituting the other authority for the authority specified in the order.
(6) In sub-paragraph (5) above “local authority” has the meaning given by section 42 of the Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section.”
(7) In paragraph 17(1) of that Schedule, the words from “and the court shall not” to the end shall cease to have effect.
97 In paragraph 1(2) of Schedule 5 to the 1991 Act (Parole Board: supplementary provisions), for the words “its functions under Part II of this Act” there shall be substituted the following paragraphs—
“(a) its functions under this Part in respect of long-term and short-term prisoners; and
(b) its functions under Chapter II of Part II of the [1997 c. 43.] Crime (Sentences) Act 1997 in respect of life prisoners within the meaning of that Chapter”.
Crime and Disorder Act 1998