Office of Public Sector Information
SCHEDULE 25 continued PART 2 continued
33 In paragraph 9(1)(b) of Schedule 7 (which provides for paragraph 9 of Schedule 12 to the Criminal Justice Act 2003, as it applies to an order under paragraph 8 of that Schedule made by a service court, to have effect with substituted sub-paragraphs (2) and (3))—
(a) in the substituted text of sub-paragraph (2), after “Part 12” insert “of this Act or under Part 2 of the Criminal Justice Act 1991”; and
(b) in the substituted text of sub-paragraph (3), after “287” insert “of the Armed Forces Act 2006”.
34 (1) Paragraph 29(3) has effect in relation to any application for compensation made in relation to—
(a) a conviction which is reversed, and
(b) a pardon which is given,
on or after the commencement date.
(2) Paragraphs 29(4) and 30 have effect in relation to—
(a) any application for compensation made on or after the commencement date, and
(b) any application for compensation made before that date in relation to which the question whether there is a right to compensation has not been determined before that date by the Secretary of State under section 276(4) of the 2006 Act.
(3) Paragraph 29(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date.
(4) Paragraph 29(5) so has effect whether a conviction was quashed before, on or after the commencement date.
(5) In the case of—
(a) a conviction which is reversed, or
(b) a pardon which is given,
before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date.
(6) But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.
(7) In this paragraph—
“the 2006 Act” means the Armed Forces Act 2006 (c. 52);
“application for compensation” means an application for compensation made under section 276(3) of the 2006 Act;
“the commencement date” means the date on which paragraphs 29 and 30 come into force;
“reversed” has the same meaning as in section 276(1) of the 2006 Act (as amended by paragraph 29(5)).
Section 148
1 In section 81(3) of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders) for paragraph (a) substitute—
“(a) a youth default order under section 39 of the Criminal Justice and Immigration Act 2008; or”.
2 (1) The Criminal Justice Act 2003 is amended as follows.
(2) In section 221(2) (provision of attendance centres) after paragraph (b) insert—
“(c) default orders under section 300 of this Act, or
(d) youth default orders under section 39 of the Criminal Justice and Immigration Act 2008.”
(3) In section 300 (power to impose unpaid work requirement or curfew requirement on fine defaulter)—
(a) in subsection (1)—
(i) for “16” substitute “18”, and
(ii) omit paragraph (b), and
(b) in subsection (2), omit from “or, as the case may be” to “young offender)”.
(4) In Schedule 31 (modifications of community order provisions for purposes of default order) after paragraph 3 insert—
3A In its application to a default order, section 214(2) (attendance centre requirement) is modified by the substitution for “not be less than 12 or more than 36” of “be—
(a) not less than 12, and
(b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
| Amount | Number of hours |
|---|---|
| An amount not exceeding £200 | 18 hours |
| An amount exceeding £200 but not exceeding £500 | 21 hours |
| An amount exceeding £500 but not exceeding £1,000 | 24 hours |
| An amount exceeding £1,000 but not exceeding £2,500 | 30 hours |
| An amount exceeding £2,500 | 36 hours”.” |
(5) In paragraph 4(5)(a) of that Schedule (modifications of community order provisions for purposes of default order) omit “, (5)”.
(6) In paragraph 5 of that Schedule, for “or 3” substitute “, 3 or 3A”.
3 In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of young offender institutions), at the end insert “or other persons who may be lawfully detained there”.
4 In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references to imprisonment or detention in case of children and young persons) after “in accordance with” insert “a determination of the Secretary of State or of a person authorised by him, in accordance with arrangements made by the Secretary of State or in accordance with”.
5 (1) Section 23AA of the Children and Young Persons Act 1969 (electronic monitoring of remand conditions) is amended as follows.
(2) In subsection (4)—
(a) paragraph (a) is omitted; and
(b) in paragraph (b), for “those arrangements” substitute “arrangements currently available in each local justice area which is a relevant area”.
(3) In subsection (8) for “Subsections (8) to (10) of section 3AA” substitute “Subsections (4) to (7) of section 3AC”.
6 In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980 (grounds for allowing appeal against finding of unfitness to be tried), in paragraph (a) for “the finding” substitute “a finding”.
7 In section 19XA(1) of the Wildlife and Countryside Act 1981 (constables' powers in connection with samples) for “by this section” substitute “by section 19”.
8 In section 37 of the Mental Health Act 1983 (powers of court to order hospital admission or guardianship), in subsection (1A)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
9 The Repatriation of Prisoners Act 1984 has effect subject to the following amendments.
10 Before section 1 insert—
11 (1) Section 1 (issue of warrant for transfer) is amended as follows.
(2) In subsections (2) and (3) for “warrant under this Act” substitute “warrant under this section”.
(3) In subsection (4)—
(a) for “warrant under this Act” (in both places) substitute “warrant under this section”;
(b) in paragraph (b) omit the words “under this Act”.
(4) In subsection (5) (as it applies in cases in which the relevant Minister is the Scottish Ministers and in cases in which the relevant Minister is the Secretary of State) for “warrant under this Act” substitute “warrant under this section”.
(5) In subsection (6) after “warrant” (in the first place it appears) insert “under this section”.
(6) In subsection (7)(b) after “under” insert “any of”.
(7) In subsection (8)—
(a) after “similar to” insert “any of”;
(b) after “respect to” insert “—
(a) ”; and
(c) at the end insert “; or
(b) the transfer between different countries and territories (or different parts of a country or territory) of responsibility for the detention and release of persons who are required to be so detained in one of those countries or territories (or parts of a country or territory) but are present in the other country or territory (or part of a country or territory).”
12 (1) Section 2 (transfer out of the United Kingdom) is amended as follows.
(2) In subsection (1) after “warrant” insert “under section 1”.
(3) In subsection (4)—
(a) in paragraph (a) for “warrant under this Act” substitute “warrant under section 1”; and
(b) in paragraph (b)(i) (as it continues to have effect in relation to prisoners sentenced for offences committed before 4th April 2005) after “33(1)(b)” insert “, (1A)”.
(4) In subsection (7) for “warrant under this Act” substitute “warrant under section 1”.
13 (1) Section 3 (transfer into the United Kingdom) is amended as follows.
(2) In subsection (1), after “a warrant” insert “under section 1”.
(3) In subsections (2), (4) and (6), for “warrant under this Act” substitute “warrant under section 1”.
(4) In subsection (7)—
(a) at the beginning insert “Part 1 of”; and
(b) for “warrant under this Act” substitute “warrant under section 1”.
(5) Subsection (10) is omitted.
14 (1) Section 4 (temporary return) is amended as follows
(2) In subsection (1)—
(a) for “warrant under this Act” substitute “warrant under section 1”;
(b) in paragraph (a), after “Kingdom” (in the second place it appears) insert “, or from which responsibility for his detention and release has previously been transferred to the United Kingdom,”;
(c) in paragraph (b), after “transferred” insert “, or to which responsibility for his detention and release has previously been transferred,”.
(3) In subsection (2)—
(a) for “a warrant under this Act” substitute “a warrant under section 1”;
(b) for “earlier warrant under this Act” substitute “earlier warrant under section 1 or section 4A”.
(4) In subsection (3)—
(a) for “issued under this Act” substitute “issued under section 1”;
(b) after “an earlier warrant” insert “under section 1 or section 4A”.
(5) In subsection (4) for “warrant under this Act” substitute “warrant under section 1”.
(6) After subsection (5) insert—
“(6) Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).”.
15 Before section 5 (operation of warrant and retaking prisoners) insert—
16 (1) Section 5 (operation of warrant and retaking prisoners) is amended as follows.
(2) In subsection (1)—
(a) for “under this Act” substitute “under section 1”; and
(b) after “this section” insert “(apart from subsection (9))”.
(3) After subsection (8) insert—
“(9) Where—
(a) a warrant under section 4A has been issued, and
(b) the relevant person is a person to whom subsection (3) of that section applies,
subsections (2) to (8) above apply for the purposes of that warrant (but with the modifications contained in subsection (10)), except (without prejudice to section 4C(4) or any enactment contained otherwise than in this Act) in relation to any time when the relevant person is required to be detained in accordance with provisions contained in the warrant by virtue of section 4C(1)(b).
(10) In their application for the purposes of a warrant under section 4A those subsections shall have effect as if—
(a) any reference to the warrant under section 1 (however expressed) were a reference to the warrant under section 4A;
(b) any reference to the prisoner were a reference to the relevant person;
(c) in subsection (4)—
(i) in paragraph (a) for “that person” there were substituted “the authorised person”; and
(ii) paragraph (b) were omitted; and
(d) in subsection (8)(a) for “transfer of a prisoner to or from Scotland” there were substituted “transfer of responsibility for the detention and release of the relevant person to the Scottish Ministers”.”
17 (1) Section 6 (revocation etc. of warrants) is amended as follows.
(2) In subsection (1)—
(a) for “warrant under this Act” (in the first place they appear) substitute “warrant under section 1”;
(b) in paragraph (b) for “this Act” substitute “that section”.
(3) After subsection (1) insert—
“(1A) Subject to section 4A(8), if at any time it appears to the relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 4A(5)(a) for a warrant under section 4A to be revoked or varied, he may as the case may require—
(a) revoke that warrant; or
(b) revoke that warrant and issue a new warrant under section 4A containing provision superseding some or all of the provisions of the previous warrant.”
(4) In subsections (2) and (3) after “subsection (1)(b)” insert “or (1A)(b)”.
(5) In subsection (5)(a), for the words from “where” to the end substitute “in a case where—
(i) the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Scotland; or
(ii) the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to those Ministers;”.
18 (1) Section 8 is amended as follows.
(2) In subsection (1) after the definition of “the prisoner” insert “; and
“the relevant person” has the meaning given by section 4A(5)(b).”
(3) In subsection (3)—
(a) in paragraph (a) after “section 1(1)(a)” insert “or 4A(5)(a)”;
(b) in paragraph (b) for “such a party” substitute “a party to such international arrangements as are mentioned in section 1(1)(a)”;
(c) after paragraph (b) (but before the “or” after that paragraph) insert—
“(ba) that the appropriate authority of a country or territory which is a party to such international arrangements as are mentioned in section 4A(5)(a) has agreed to the transfer of responsibility for the detention and release of a particular person in accordance with those arrangements,”.
19 (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows.
(2) For the cross-heading before paragraph 1 substitute—
(3) In paragraph 1—
(a) at the beginning insert “This Part of”;
(b) after “under” insert “section 1 of”; and
(c) after “; and in” insert “this Part of”.
(4) In paragraph 2 (as it applies in England and Wales in relation to offences committed before 4 April 2005)—
(a) in sub-paragraph (1A)(a) (which defines the enactments relating to release on licence) after “33(1)(b) insert “, (1A)”; and
(b) after sub-paragraph (2) insert—
“(2A) If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Part 2 of the Criminal Justice Act 1991 to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”
(5) In paragraph 2 (as it applies in England and Wales in relation to offences committed on or after 4 April 2005), after sub-paragraph (3) insert—
“(3A) If the warrant specifies that the offence or any of the offences in relation to which a determinate sentence is to be served corresponds to murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent or sexual offences), any reference (however expressed) in Chapter 6 of Part 12 of that Act to a person sentenced for an offence specified in that Schedule is to be read as including a reference to the prisoner.”
(6) After paragraph 8 insert—
9 This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).
10 Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.
11 Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).
12 (1) Any reference to the prisoner is to be read as a reference to the relevant person.
(2) Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).
13 In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—
(a) in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and
(b) whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.
14 The reference in paragraph 7 to the time of the prisoner’s transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.”
20 (1) In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions) in subsection (9) (meaning of caution)—
(a) after paragraph (a) (and before the word “and” immediately following it) insert—
“(aa) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998”; and
(b) in paragraph (b), for “of the Crime and Disorder Act 1998” substitute “of that Act”.
(2) In section 63B of that Act (testing for presence of Class A drugs) in subsection (7) (disclosure of information obtained from drug samples) in paragraph (aa) after “Criminal Justice Act 2003” insert “or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998”.
21 In section 1(17) of the Criminal Justice Act 1987 (application of Serious Fraud Office provisions to Northern Ireland), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.
22 The Criminal Justice Act 1988 has effect subject to the following amendments.
23 In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
24 In section 160(1) (offence of possession of indecent photographs of children) for “Subject to subsection (1A),” substitute “Subject to section 160A,”.
25 In article 15(5) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children) after “Article 2(2)” insert “, (2A)”.
26 In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act 1989 (offences)—
(a) for “Part III” substitute “Part 3 or 3A”; and
(b) for “(racial hatred)” substitute “(hatred by reference to race etc)”.
27 In section 6(7) of the Criminal Justice (International Co-operation) Act 1990 (transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom), for the words from “having been” to the end of paragraph (b) substitute “—
(b) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;
(c) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory,”.
28 (1) Section 167 of the Broadcasting Act 1990 (power to make copies of recordings) is amended as follows.
(2) In subsection (4)(b), after “section 24” insert “or 29H”.
(3) In subsection (5)(b), after “section 22” insert “or 29F”.
29 (1) The Criminal Justice Act 1991 is amended as follows.
(2) In section 43(5) (young offenders), for “under this Part” substitute “under any provision of this Part other than section 33(1A)”.
(3) In section 44(6) (disapplication of certain provisions for prisoners serving extended sentences) for “section 46” substitute “section 46(2)”.
(4) In section 46(3) (definition of persons liable to removal from the United Kingdom) after “for the purposes of this section” insert “and the following provisions of this Part”.
(5) In section 46B(5) (re-entry into United Kingdom of offender removed early from prison), after “subsections (1)” insert “, (1A)”.
(6) In paragraph 10(3)(d) of Schedule 3 (reciprocal enforcement of certain orders)—
(a) for “references in paragraph 3 to a day centre were references to” substitute “in paragraph 3 “day centre” meant”, and
(b) at the end insert “or an attendance centre provided under section 221 of that Act”.
(7) Sub-paragraph (6) extends to England and Wales and Northern Ireland only.
30 In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland), after subsection (4) insert—
“(4A) The reference in subsection (4)(b) above to a person who has been transferred to Scotland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in Scotland in pursuance of a warrant issued by the Scottish Ministers under section 4A of that Act (warrant transferring responsibility for detention and release of offender).
(4B) Such a person is to be taken to have been transferred when the warrant under section 4A of that Act was issued in respect of that person.”
31 The Crime (Sentences) Act 1997 has effect subject to the following amendments.
32 (1) Schedule 1 (transfer of prisoners within the British Islands) is amended as follows.
(2) In paragraph 8(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”.
(3) In paragraph 8(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”.
(4) Any reference in paragraph 8(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 (c. 44) in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) applies.
(5) In paragraph 9(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”.
(6) In paragraph 9(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “, 50A”.
(7) Any reference in paragraph 9(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 applies.
33 (1) Schedule 2 (repatriation of prisoners to the British Islands) is amended as follows.
(2) In paragraph 2(2) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “, (1A),”.
(3) In paragraph 3(2) (as it continues to have effect in relation to persons to whom it applied before 4th April 2005), in the definition of enactments relating to release on licence, after “33(1)(b),” insert “, (1A),”.
(4) In paragraph 5 (which modifies paragraph 2 of the Schedule to the Repatriation of Prisoners Act 1984 (c. 47) in its application to certain descriptions of prisoner), after sub-paragraph (1)(b) insert—
“(c) prisoners detained in Scotland in pursuance of warrants which—
(i) are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and
(ii) relate to sentences that were imposed before 1 October 1993.”
34 (1) Section 38(4) of the Crime and Disorder Act 1998 (which defines “youth justice services” for the purposes of sections 38 to 41) is amended as follows.
(2) After paragraph (a) insert—
“(aa) the provision of assistance to persons determining whether reprimands or warnings should be given under section 65 below;”.
(3) After paragraph (b) insert—
“(ba) the provision of assistance to persons determining whether youth conditional cautions (within the meaning of Chapter 1 of Part 4) should be given and which conditions to attach to such cautions;
(bb) the supervision and rehabilitation of persons to whom such cautions are given;”.
Criminal Justice and Immigration Act 2008