Office of Public Sector Information
(1) Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is amended as follows.
(2) At the beginning of paragraph 29(3) (duration of warrants of further detention) there is inserted “Subject to paragraph 36(3A),”.
(3) In sub-paragraph (3) of paragraph 36 (extension of warrants)—
(a) at the beginning there is inserted “Subject to sub-paragraph (3A),”, and
(b) for the words from “beginning” onwards there is substituted “beginning with the relevant time”.
(4) After that sub-paragraph there is inserted—
“(3A) Where the period specified in a warrant of further detention—
(a) ends at the end of the period of seven days beginning with the relevant time, or
(b) by virtue of a previous extension (or further extension) under this sub-paragraph, ends after the end of that period,
the specified period may, on an application under this paragraph, be extended or further extended to a period ending not later than the end of the period of fourteen days beginning with the relevant time.
(3B) In this paragraph “the relevant time”, in relation to a person, means—
(a) the time of his arrest under section 41, or
(b) if he was being detained under Schedule 7 when he was arrested under section 41, the time when his examination under that Schedule began.”
(1) In this section—
“the 1972 Act” means the European Communities Act 1972 (c. 68);
“relevant Community instrument” means—
Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and
Commission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).
(2) Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.
(3) In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.
(4) In Scotland, a constable may arrest without a warrant a person—
(a) who has committed or attempted to commit an offence under regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument, or
(b) whom he has reasonable grounds for suspecting to have committed or to have attempted to commit such an offence.
(5) Until the coming into force of paragraph 3 of Schedule 27 (which amends paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—
(a) with the omission of the words “in relation to Scotland and Northern Ireland”, and
(b) as if, in relation to England and Wales, the definition of “relevant Community instrument” also included Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC.
(6) Any reference in this section to a Community instrument is to be read—
(a) as a reference to that instrument as amended from time to time, and
(b) where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment).
In section 12 of the Magistrates' Courts Act 1980 (c. 43) (non-appearance of accused: plea of guilty) subsection (1)(a)(i) (which excludes offences punishable with imprisonment for term exceeding 3 months) is omitted.
In section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) (power to order preparatory hearings) in subsection (1) (preparatory hearing may be held in complex or lengthy trial) after “complexity” there is inserted “a case of such seriousness”.
(1) In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the purposes of preparatory hearings in fraud cases) after paragraph (d) there is inserted “or
(e) considering questions as to the severance or joinder of charges.”
(2) In section 9(3) of that Act (determinations as to the admissibility of evidence etc) after paragraph (c) there is inserted “and
(d) any question as to the severance or joinder of charges.”
(3) In section 9(11) of that Act (appeals against orders or rulings under section 9(3)(b) or (c)) for “or (c)” there is substituted “(c) or (d)”.
(4) In section 29(2) of the Criminal Procedure and Investigations Act 1996 (purposes of preparatory hearings in non-fraud cases) after paragraph (d) there is inserted—
“(e) considering questions as to the severance or joinder of charges,”.
(5) In section 31(3) of that Act (rulings as to the admissibility of evidence etc) after paragraph (b) there is inserted—
“(c) any question as to the severance or joinder of charges.”
(1) The Criminal Justice Act 1987 is amended as follows.
(2) In paragraphs (a) and (b) of section 11(1) (restrictions on reporting) for “Great Britain” there is substituted “the United Kingdom”.
(3) In section 11A (offences in connection with reporting) after subsection (3) there is inserted—
“(3A) Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.”
(4) In section 17(3) (extent) after “sections 2 and 3;” there is inserted “sections 11 and 11A;”.
(5) The Criminal Procedure and Investigations Act 1996 (c. 25) is amended as follows.
(6) In paragraphs (a) and (b) of section 37(1) (restrictions on reporting) for “Great Britain” there is substituted “the United Kingdom”.
(7) In section 38 (offences in connection with reporting) after subsection (3) there is inserted—
“(3A) Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.”
(8) In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for “Great Britain” there is substituted “the United Kingdom”.
(9) In section 79(3) (extent) after “Parts III” there is inserted “(other than sections 37 and 38)”.
(10) In Schedule 4 (modifications for Northern Ireland) paragraph 16 is omitted.
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows.
(2) In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal Justice Act 1987 (c. 38) may be met out of central funds) after “1987” there is inserted “or section 35(1) of the Criminal Procedure and Investigations Act 1996”.
(3) In section 18(2) (award of costs against accused in case of dismissal of appeal under section 9(11) of the Criminal Justice Act 1987 etc) after paragraph (c) there is inserted “or
(d) an appeal or application for leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996.”
(1) Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order investigations by Criminal Cases Review Commission) is amended as follows.
(2) In subsection (1) after “conviction” there is inserted “or an application for leave to appeal against conviction,”.
(3) In paragraph (a) of that subsection—
(a) at the beginning there is inserted “in the case of an appeal,”, and
(b) for “case”, in both places where it occurs, there is substituted “appeal”.
(4) After paragraph (a) of that subsection there is inserted—
“(aa) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;”.
(5) After that subsection there is inserted—
“(1A) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act.”
(6) After subsection (4) there is inserted—
“(5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.”
(1) Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (power to order investigations by Criminal Cases Review Commission) is amended as follows.
(2) In subsection (1) after “conviction” there is inserted “or an application for leave to appeal against conviction,”.
(3) In paragraph (a) of that subsection—
(a) at the beginning there is inserted “in the case of an appeal,”, and
(b) for “case”, in both places where it occurs, there is substituted “appeal”.
(4) After paragraph (a) of that subsection there is inserted—
“(aa) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;”.
(5) After that subsection there is inserted—
“(1A) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 45 below.”
(6) After subsection (4) there is inserted—
“(5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.”
(1) Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about references by Criminal Cases Review Commission) is amended as follows.
(2) After subsection (4) there is inserted—
“(4A) Subject to subsection (4B), where a reference under section 9 or 10 is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground which is not related to any reason given by the Commission for making the reference.
(4B) The Court of Appeal may give leave for an appeal mentioned in subsection (4A) to be on a ground relating to the conviction, verdict, finding or sentence which is not related to any reason given by the Commission for making the reference.”
(3) In subsection (5) for “any of sections 9 to” there is substituted “section 11 or”.
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2) In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “to which he did not plead guilty”.
(3) After section 3 there is inserted—
(1) This section applies on an appeal against conviction where—
(a) an appellant has been convicted of an offence to which he pleaded guilty,
(b) if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
(c) it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of the other offence.
(2) The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.”
(1) The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.
(2) In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “to which he did not plead guilty”.
(3) After section 3 there is inserted—
(1) This section applies where—
(a) an appellant has been convicted of an offence to which he pleaded guilty,
(b) if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
(c) it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
(2) The Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the plea so substituted.”
(1) The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.
(2) In section 14 (substitution of conviction on different charge) in subsection (1) after “an offence” there is inserted “to which he did not plead guilty”.
(3) After section 14 there is inserted—
(1) This section applies where—
(a) an appellant has been convicted of an offence to which he pleaded guilty,
(b) if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and
(c) it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
(2) The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Service Act for that other offence, but not a sentence of greater severity.”
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2) In section 10 (appeal against sentence in certain cases) for subsection (3) there is substituted—
“(3) An offender dealt with for an offence before the Crown Court in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against any sentence passed on him for the offence by the Crown Court.”
(3) In section 11 (supplementary provisions as to appeal against sentence) after subsection (6) there is inserted—
“(7) For the purposes of this section, any two or more sentences are to be treated as passed in the same proceeding if—
(a) they are passed on the same day; or
(b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.”
(1) After paragraph 1 of Schedule 1 to the Magistrates' Courts Act 1980 (c. 43) (offences triable either way by virtue of section 17) there is inserted—
“1A An offence at common law of outraging public decency.”
(2) This section does not apply in relation to any offence committed before the commencement of this section.
Schedule 33 (jury service) shall have effect.
After section 1A of the Crime and Disorder Act 1998 (c. 37) there is inserted—
(1) Where a court makes an anti-social behaviour order in respect of a defendant who is a child or young person when that order is made, it must consider whether the individual support conditions are fulfilled.
(2) If it is satisfied that those conditions are fulfilled, the court must make an order under this section (“an individual support order”) which—
(a) requires the defendant to comply, for a period not exceeding six months, with such requirements as are specified in the order; and
(b) requires the defendant to comply with any directions given by the responsible officer with a view to the implementation of the requirements under paragraph (a) above.
(3) The individual support conditions are—
(a) that an individual support order would be desirable in the interests of preventing any repetition of the kind of behaviour which led to the making of the anti-social behaviour order;
(b) that the defendant is not already subject to an individual support order; and
(c) that the court has been notified by the Secretary of State that arrangements for implementing individual support orders are available in the area in which it appears to it that the defendant resides or will reside and the notice has not been withdrawn.
(4) If the court is not satisfied that the individual support conditions are fulfilled, it shall state in open court that it is not so satisfied and why it is not.
(5) The requirements that may be specified under subsection (2)(a) above are those that the court considers desirable in the interests of preventing any repetition of the kind of behaviour which led to the making of the anti-social behaviour order.
(6) Requirements included in an individual support order, or directions given under such an order by a responsible officer, may require the defendant to do all or any of the following things—
(a) to participate in activities specified in the requirements or directions at a time or times so specified;
(b) to present himself to a person or persons so specified at a place or places and at a time or times so specified;
(c) to comply with any arrangements for his education so specified.
(7) But requirements included in, or directions given under, such an order may not require the defendant to attend (whether at the same place or at different places) on more than two days in any week; and “week” here means a period of seven days beginning with a Sunday.
(8) Requirements included in, and directions given under, an individual support order shall, as far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs; and
(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
(9) Before making an individual support order, the court shall obtain from a social worker of a local authority social services department or a member of a youth offending team any information which it considers necessary in order—
(a) to determine whether the individual support conditions are fulfilled, or
(b) to determine what requirements should be imposed by an individual support order if made,
and shall consider that information.
(10) In this section and section 1AB below “responsible officer”, in relation to an individual support order, means one of the following who is specified in the order, namely—
(a) a social worker of a local authority social services department;
(b) a person nominated by a person appointed as chief education officer under section 532 of the Education Act 1996 (c. 56);
(c) a member of a youth offending team.
(1) Before making an individual support order, the court shall explain to the defendant in ordinary language—
(a) the effect of the order and of the requirements proposed to be included in it;
(b) the consequences which may follow (under subsection (3) below) if he fails to comply with any of those requirements; and
(c) that the court has power (under subsection (6) below) to review the order on the application either of the defendant or of the responsible officer.
(2) The power of the Secretary of State under section 174(4) of the Criminal Justice Act 2003 includes power by order to—
(a) prescribe cases in which subsection (1) above does not apply; and
(b) prescribe cases in which the explanation referred to in that subsection may be made in the absence of the defendant, or may be provided in written form.
(3) If the person in respect of whom an individual support order is made fails without reasonable excuse to comply with any requirement included in the order, he is guilty of an offence and liable on summary conviction to a fine not exceeding—
(a) if he is aged 14 or over at the date of his conviction, £1,000;
(b) if he is aged under 14 then, £250.
(4) No referral order under section 16(2) or (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral of young offenders to youth offender panels) may be made in respect of an offence under subsection (3) above.
(5) If the anti-social behaviour order as a result of which an individual support order was made ceases to have effect, the individual support order (if it has not previously ceased to have effect) ceases to have effect when the anti-social behaviour order does.
(6) On an application made by complaint by—
(a) the person subject to an individual support order, or
(b) the responsible officer,
the court which made the individual support order may vary or discharge it by a further order.
(7) If the anti-social behaviour order as a result of which an individual support order was made is varied, the court varying the anti-social behaviour order may by a further order vary or discharge the individual support order.”
(1) The Crime and Disorder Act 1998 (c. 37) is amended as mentioned in subsections (2) to (5).
(2) In section 4 of that Act (appeals against orders)—
(a) in subsection (1) after “an anti-social behaviour order” there is inserted “, an individual support order”, and
(b) in subsection (3) after “1(8)” there is inserted “, 1AB(6)”.
(3) In section 18(1) of that Act (interpretation of Chapter 1)—
(a) after the definition of “curfew notice” there is inserted—
““individual support order” has the meaning given by section 1AA(2) above;”, and
(b) in the definition of “responsible officer”, before paragraph (a) there is inserted—
“(za) in relation to an individual support order, has the meaning given by section 1AA(10) above;”.
(4) In section 18(4) of that Act (cases where social worker or member of a youth offending team to give supervision or directions)—
(a) after “directions under” there is inserted “an individual support order or”, and
(b) for “the child or, as the case may be, the parent” there is substituted “the child, defendant or parent, as the case may be,”.
(5) In section 38 of that Act (local provision of youth justice services), in subsection (4)(f) after “in relation to” there is inserted “individual support orders,”.
(6) In section 143(2) (provisions in which sums may be altered) of the Magistrates' Courts Act 1980 (c. 43), after paragraph (d) there is inserted—
“(da) section 1AB(3) of the Crime and Disorder Act 1998 (failure to comply with individual support order);”.
Schedule 34 (parenting orders and referral orders) shall have effect.
(1) In this section—
“relevant sexual or violent offender” has the meaning given by section 327;
“responsible authority”, in relation to any area, means the chief officer of police, the local probation board for that area and the Minister of the Crown exercising functions in relation to prisons, acting jointly.
(2) The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by—
(a) relevant sexual and violent offenders, and
(b) other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public.
(3) In establishing those arrangements, the responsible authority must act in co-operation with the persons specified in subsection (6); and it is the duty of those persons to co-operate in the establishment by the responsible authority of those arrangements, to the extent that such co-operation is compatible with the exercise by those persons of their functions under any other enactment.
(4) Co-operation under subsection (3) may include the exchange of information.
(5) The responsible authority for each area (“the relevant area”) and the persons specified in subsection (6) must together draw up a memorandum setting out the ways in which they are to co-operate.
Criminal Justice Act 2003