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Criminal Justice Act 2003 2003 CHAPTER 44
An Act to make provision about criminal justice (including the powers and duties of the police) and about dealing with offenders; to amend the law relating to jury service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and Part 5 of the Police Act 1997; to make provision about civil proceedings brought by offenders; and for connected purposes. [20th November 2003]
BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Modifications etc. (not altering text) C1 Act: power to amend conferred (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 7, 22(1)
(with Sch. 7 para. 2); S.I. 2015/40, art. 2(g)
PART 1
AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE ACT 1984
1 Extension of powers to stop and search
(1) In this Part, “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60).
(2) In section 1(8) of the 1984 Act (offences for purpose of definition of prohibited article), at the end of paragraph (d) there is inserted “; and
(e) offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).”
2 Criminal Justice Act 2003 (c. 44) Part 1 – Amendments of Police and Criminal Evidence Act 1984
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2 Warrants to enter and search
In section 16 of the 1984 Act (execution of warrants), after subsection (2) there is inserted—
“(2A) A person so authorised has the same powers as the constable whom he accompanies in respect of—
(a) the execution of the warrant, and (b) the seizure of anything to which the warrant relates.
(2B) But he may exercise those powers only in the company, and under the supervision, of a constable.”
3 Arrestable offences F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F1 S. 3 repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174(2), 178, Sch.
17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lvii) (subject to art. 2(2))
4 Bail elsewhere than at police station
(1) Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended as follows.
(2) For subsection (1) there is substituted—
“(1) Subsection (1A) applies where a person is, at any place other than a police station—
(a) arrested by a constable for an offence, or (b) taken into custody by a constable after being arrested for an offence
by a person other than a constable.
(1A) The person must be taken by a constable to a police station as soon as practicable after the arrest.
(1B) Subsection (1A) has effect subject to section 30A (release on bail) and subsection (7) (release without bail).”
(3) In subsection (2) for “subsection (1)” there is substituted “ subsection (1A) ”.
(4) For subsection (7) there is substituted—
“(7) A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.
(7A) The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest or releasing him on bail under section 30A.”
(5) For subsections (10) and (11) there is substituted—
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“(10) Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him on bail if the condition in subsection (10A) is satisfied.
(10A) The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.
(11) Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released on bail.”
(6) In subsection (12) for “subsection (1)” there is substituted “ subsection (1A) or section 30A ”.
(7) After section 30 there is inserted—
“30A Bail elsewhere than at police station
(1) A constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).
(2) A person may be released on bail under subsection (1) at any time before he arrives at a police station.
(3) A person released on bail under subsection (1) must be required to attend a police station.
(4) No other requirement may be imposed on the person as a condition of bail.
(5) The police station which the person is required to attend may be any police station.
30B Bail under section 30A: notices
(1) Where a constable grants bail to a person under section 30A, he must give that person a notice in writing before he is released.
(2) The notice must state— (a) the offence for which he was arrested, and (b) the ground on which he was arrested.
(3) The notice must inform him that he is required to attend a police station.
(4) It may also specify the police station which he is required to attend and the time when he is required to attend.
(5) If the notice does not include the information mentioned in subsection (4), the person must subsequently be given a further notice in writing which contains that information.
(6) The person may be required to attend a different police station from that specified in the notice under subsection (1) or (5) or to attend at a different time.
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(7) He must be given notice in writing of any such change as is mentioned in subsection (6) but more than one such notice may be given to him.
30C Bail under section 30A: supplemental
(1) A person who has been required to attend a police station is not required to do so if he is given notice in writing that his attendance is no longer required.
(2) If a person is required to attend a police station which is not a designated police station he must be—
(a) released, or (b) taken to a designated police station,
not more than six hours after his arrival.
(3) Nothing in the Bail Act 1976 applies in relation to bail under section 30A.
(4) Nothing in section 30A or 30B or in this section prevents the re-arrest without a warrant of a person released on bail under section 30A if new evidence justifying a further arrest has come to light since his release.
30D Failure to answer to bail under section 30A
(1) A constable may arrest without a warrant a person who— (a) has been released on bail under section 30A subject to a requirement
to attend a specified police station, but (b) fails to attend the police station at the specified time.
(2) A person arrested under subsection (1) must be taken to a police station (which may be the specified police station or any other police station) as soon as practicable after the arrest.
(3) In subsection (1), “specified” means specified in a notice under subsection (1) or (5) of section 30B or, if notice of change has been given under subsection (7) of that section, in that notice.
(4) For the purposes of— (a) section 30 (subject to the obligation in subsection (2)), and (b) section 31,
an arrest under this section is to be treated as an arrest for an offence.”
5 Drug testing for under-eighteens
(1) The 1984 Act is amended as follows.
(2) In section 38 (duties of custody officer after charge)— (a) in subsection (1)—
(i) for sub-paragraph (iiia) of paragraph (a) there is substituted— “(iiia) except in a case where (by virtue of
subsection (9) of section 63B below) that section does not apply, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable
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a sample to be taken from him under that section;”,
(ii) in sub-paragraph (i) of paragraph (b), after “satisfied” there is inserted “ (but, in the case of paragraph (a)(iiia) above, only if the arrested juvenile has attained the minimum age) ”,
(b) in subsection (6A), after the definition of “local authority accommodation” there is inserted—
““minimum age” means the age specified in section 63B(3) below;”.
(3) In section 63B (testing for presence of Class A drugs)— (a) F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) after subsection (5) there is inserted—
“(5A) In the case of a person who has not attained the age of 17— (a) the making of the request under subsection (4) above; (b) the giving of the warning and (where applicable) the
information under subsection (5) above; and (c) the taking of the sample,
may not take place except in the presence of an appropriate adult.”, (c) after subsection (6) there is inserted—
“(6A) The Secretary of State may by order made by statutory instrument amend subsection (3) above by substituting for the age for the time being specified a different age specified in the order.
(6B) A statutory instrument containing an order under subsection (6A) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”,
(d) after subsection (8) there is inserted—
“(9) In relation to a person who has not attained the age of 18, this section applies only where—
(a) the relevant chief officer has been notified by the Secretary of State that arrangements for the taking of samples under this section from persons who have not attained the age of 18 have been made for the police area as a whole, or for the particular police station, in which the person is in police detention; and
(b) the notice has not been withdrawn.
(10) In this section—
“appropriate adult”, in relation to a person who has not attained the age of 17, means—
(a) his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation; or
(b) a social worker of a local authority social services department; or
(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;
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“relevant chief officer” means— (a) in relation to a police area, the chief officer of police of the
police force for that police area; or (b) in relation to a police station, the chief officer of police of the
police force for the police area in which the police station is situated.”
Textual Amendments F2 S. 5(3)(a) repealed (1.12.2005) by Drugs Act 2005 (c. 17), ss. 23, 24, Sch. 1 para. 8, Sch. 2; S.I.
2005/3053, art. 2(1)(f)
Commencement Information I1 S. 5 wholly in force at 1.12.2005; s. 5 not in force at Royal Assent, see s. 336(3); s. 5 in force for
certain purposes at 1.8.2004 by S.I. 2004/1867, art. 2; s. 5 in force in so far as not already in force at 1.12.2005 by S.I. 2005/3055, art. 2
6 Use of telephones for review of police detention
For section 40A(1) and (2) of the 1984 Act (use of telephone for review under s.40) there is substituted—
“(1) A review under section 40(1)(b) may be carried out by means of a discussion, conducted by telephone, with one or more persons at the police station where the arrested person is held.
(2) But subsection (1) does not apply if— (a) the review is of a kind authorised by regulations under section 45A to
be carried out using video-conferencing facilities; and (b) it is reasonably practicable to carry it out in accordance with those
regulations.”
7 Limits on period of detention without charge
In section 42(1) of the 1984 Act (conditions to be satisfied before detention without charge may be extended from 24 to 36 hours), for paragraph (b) there is substituted—
“(b) an offence for which he is under arrest is an arrestable offence; and”.
8 Property of detained persons
(1) In subsection (1) of section 54 of the 1984 Act (which requires the custody officer at a police station to ascertain and record everything which a detained person has with him), there is omitted “and record or cause to be recorded”.
(2) For subsection (2) of that section (record of arrested person to be made as part of custody record) there is substituted—
“(2) The custody officer may record or cause to be recorded all or any of the things which he ascertains under subsection (1).
(2A) In the case of an arrested person, any such record may be made as part of his custody record.”
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9 Taking fingerprints without consent
(1) Section 61 of the 1984 Act (fingerprinting) is amended as follows.
(2) For subsections (3) and (4) (taking of fingerprints without appropriate consent) there is substituted—
“(3) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
(a) he is detained in consequence of his arrest for a recordable offence; and
(b) he has not had his fingerprints taken in the course of the investigation of the offence by the police.
(4) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
(a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and
(b) he has not had his fingerprints taken in the course of the investigation of the offence by the police.”
(3) In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for the words from the beginning to “subsection (3) above” there is substituted “ Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police ”.
(4) In subsection (5) (authorisation to be given or confirmed in writing) for “subsection (3) (a) or (4A)” there is substituted “ subsection (4A) ”.
(5) In subsection (7) (reasons for taking of fingerprints without consent) for “subsection (3) or (6)” there is substituted “ subsection (3), (4) or (6) ”.
Commencement Information I2 S. 9 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))
10 Taking non-intimate samples without consent
(1) Section 63 of the 1984 Act (other samples) is amended as follows.
(2) After subsection (2) (consent to be given in writing) there is inserted—
“(2A) A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
(2B) The first is that the person is in police detention in consequence of his arrest for a recordable offence.
(2C) The second is that— (a) he has not had a non-intimate sample of the same type and from the
same part of the body taken in the course of the investigation of the offence by the police, or
(b) he has had such a sample taken but it proved insufficient.”
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(3) In subsection (3)(a) (taking of samples without appropriate consent) the words “is in police detention or” are omitted.
(4) In subsection (3A) (taking of samples without appropriate consent after charge) for “(whether or not he falls within subsection (3)(a) above)” there is substituted “ (whether or not he is in police detention or held in custody by the police on the authority of a court) ”.
(5) In subsection (8A) (reasons for taking of samples without consent) for “subsection (3A)” there is substituted “ subsection (2A), (3A) ”.
Commencement Information I3 S. 10 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))
11 Codes of practice
(1) In section 67 of the 1984 Act (supplementary provisions about codes), for subsections (1) to (7C) there is substituted—
“(1) In this section, “code” means a code of practice under section 60, 60A or 66.
(2) The Secretary of State may at any time revise the whole or any part of a code.
(3) A code may be made, or revised, so as to— (a) apply only in relation to one or more specified areas, (b) have effect only for a specified period, (c) apply only in relation to specified offences or descriptions of offender.
(4) Before issuing a code, or any revision of a code, the Secretary of State must consult—
(a) persons whom he considers to represent the interests of police authorities,
(b) persons whom he considers to represent the interests of chief officers of police,
(c) the General Council of the Bar, (d) the Law Society of England and Wales, (e) the Institute of Legal Executives, and (f) such other persons as he thinks fit.
(5) A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.
(6) The power conferred by subsection (5) is exercisable by statutory instrument.
(7) An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(7A) An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
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(7B) When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.
(7C) No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
(7D) An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.”
(2) Section 113 of the 1984 Act (application of Act to armed forces) is amended as follows.
(3) After subsection (3) there is inserted—
“(3A) In subsections (4) to (10), “code” means a code of practice under subsection (3).”
(4) For subsections (5) to (7) there is substituted—
“(5) The Secretary of State may at any time revise the whole or any part of a code.
(6) A code may be made, or revised, so as to— (a) apply only in relation to one or more specified areas, (b) have effect only for a specified period, (c) apply only in relation to specified offences or descriptions of offender.
(7) The Secretary of State must lay a code, or any revision of a code, before Parliament.”
12 Amendments related to Part 1
Schedule 1 (which makes amendments related to the provisions of this Part) has effect.
PART 2
BAIL
13 Grant and conditions of bail
(1) In section 3(6) of the 1976 Act (which sets out cases where bail conditions may be imposed)—
(a) the words “to secure that” are omitted, (b) the words “to secure that” are inserted at the beginning of each of paragraphs
(a) to (e), (c) after paragraph (c) there is inserted—
“(ca) for his own protection or, if he is a child or young person, for his own welfare or in his own interests,”,
(d) for “or (c)” there is substituted “ , (c) or (ca) ”.
(2) In section 3A(5) of the 1976 Act (no conditions may be imposed under section 3(4), (5), (6) or (7) unless necessary for certain purposes)—
(a) the words “for the purpose of preventing that person from” are omitted,
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(b) the words “for the purpose of preventing that person from” are inserted at the beginning of each of paragraphs (a) to (c),
(c) after paragraph (c) there is inserted “or (d) for that person’s own protection or, if he is a child or young
person, for his own welfare or in his own interests.”
(3) In paragraph 8(1) of Part 1 of Schedule 1 to the 1976 Act (no conditions may be imposed under section 3(4) to (7) unless necessary to do so for certain purposes) for the words from “that it is necessary to do so” onwards there is substituted “that it is necessary to do so—
(a) for the purpose of preventing the occurrence of any of the events mentioned in paragraph 2(1) of this Part of this Schedule, or
(b) for the defendant’s own protection or, if he is a child or young person, for his own welfare or in his own interests.”
(4) For paragraph 5 of Part 2 of that Schedule (defendant need not be granted bail if having been released on bail he has been arrested in pursuance of section 7) there is substituted—
The defendant need not be granted bail if— (a) having been released on bail in or in connection with the proceedings
for the offence, he has been arrested in pursuance of section 7 of this Act; and
(b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).”
Commencement Information I4 S. 13 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))
14 Offences committed on bail
(1) For paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail where he was on bail on date of offence) there is substituted—
“2A (1) If the defendant falls within this paragraph he may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).
(2) The defendant falls within this paragraph if— (a) he is aged 18 or over, and (b) it appears to the court that he was on bail in criminal proceedings
on the date of the offence.”
(2) After paragraph 9 of that Part there is inserted—
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“9AA (1) This paragraph applies if—
(a) the defendant is under the age of 18, and (b) it appears to the court that he was on bail in criminal proceedings on
the date of the offence.
(2) In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail, the court shall give particular weight to the fact that the defendant was on bail in criminal proceedings on the date of the offence.”
Commencement Information I5 S. 14 partly in force; s. 14 not in force at Royal Assent, see s. 336(3); s. 14 in force for certain
purposes at 1.1.2007 by S.I. 2006/3217, art. 2 (subject to art. 3)
15 Absconding by persons released on bail
(1) For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail if having been released on bail he has been arrested in pursuance of section 7) there is substituted—
(1) If the defendant falls within this paragraph, he may not be granted bail unless the court is satisfied that there is no significant risk that, if released on bail (whether subject to conditions or not), he would fail to surrender to custody.
(2) Subject to sub-paragraph (3) below, the defendant falls within this paragraph if—
(a) he is aged 18 or over, and (b) it appears to the court that, having been released on bail in or in
connection with the proceedings for the offence, he failed to surrender to custody.
(3) Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, he does not fall within this paragraph unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
(4) For the purposes of sub-paragraph (3) above, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.”
(2) After paragraph 9AA of that Part (inserted by section 14(2)) there is inserted—
“9AB (1) Subject to sub-paragraph (2) below, this paragraph applies if—
(a) the defendant is under the age of 18, and
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(b) it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.
(2) Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, this paragraph does not apply unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
(3) In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would fail to surrender to custody, the court shall give particular weight to—
(a) where the defendant did not have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody, or
(b) where he did have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
(4) For the purposes of this paragraph, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.”
(3) In section 6 of the 1976 Act (offence of absconding by person released on bail) after subsection (9) there is inserted—
“(10) Section 127 of the Magistrates' Courts Act 1980 shall not apply in relation to an offence under subsection (1) or (2) above.
(11) Where a person has been released on bail in criminal proceedings and that bail was granted by a constable, a magistrates' court shall not try that person for an offence under subsection (1) or (2) above in relation to that bail (the “relevant offence”) unless either or both of subsections (12) and (13) below applies.
(12) This subsection applies if an information is laid for the relevant offence within 6 months from the time of the commission of the relevant offence.
(13) This subsection applies if an information is laid for the relevant offence no later than 3 months from the time of the occurrence of the first of the events mentioned in subsection (14) below to occur after the commission of the relevant offence.
(14) Those events are— (a) the person surrenders to custody at the appointed place; (b) the person is arrested, or attends at a police station, in connection with
the relevant offence or the offence for which he was granted bail; (c) the person appears or is brought before a court in connection with the
relevant offence or the offence for which he was granted bail.”
Commencement Information I6 S. 15 partly in force; s. 15 not in force at Royal Assent, see s. 336(3); s. 15(3) in force at 5.4.2004 by
S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6)); s. 15(1)(2) in force for certain purposes at 1.1.2007 by S.I. 2006/3217, art. 2 (subject to art. 3)
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16 Appeal to Crown Court
(1) This section applies where a magistrates' court grants bail to a person (“the person concerned”) on adjourning a case under—
(a) section 10 of the Magistrates' Courts Act 1980 (c. 43) (adjournment of trial), (b) section 17C of that Act (intention as to plea: adjournment), (c) section 18 of that Act (initial procedure on information against adult for
offence triable either way), (d) section 24C of that Act (intention as to plea by child or young person:
adjournment), (e) section 52(5) of the Crime and Disorder Act 1998 (c. 37) (adjournment of
proceedings under section 51 etc), or (f) section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
(remand for medical examination).
(2) Subject to the following provisions of this section, the person concerned may appeal to the Crown Court against any condition of bail falling within subsection (3).
(3) A condition of bail falls within this subsection if it is a requirement— (a) that the person concerned resides away from a particular place or area, (b) that the person concerned resides at a particular place other than a bail hostel, (c) for the provision of a surety or sureties or the giving of a security, (d) that the person concerned remains indoors between certain hours, (e) imposed under section 3(6ZAA) of the 1976 Act (requirements with respect
to electronic monitoring), or (f) that the person concerned makes no contact with another person.
(4) An appeal under this section may not be brought unless subsection (5) or (6) applies.
(5) This subsection applies if an application to the magistrates' court under section 3(8) (a) of the 1976 Act (application by or on behalf of person granted bail) was made and determined before the appeal was brought.
(6) This subsection applies if an application to the magistrates' court— (a) under section 3(8)(b) of the 1976 Act (application by constable or prosecutor),
or (b) under section 5B(1) of that Act (application by prosecutor),
was made and determined before the appeal was brought.
(7) On an appeal under this section the Crown Court may vary the conditions of bail.
(8) Where the Crown Court determines an appeal under this section, the person concerned may not bring any further appeal under this section in respect of the conditions of bail unless an application or a further application to the magistrates' court under section 3(8)(a) of the 1976 Act is made and determined after the appeal.
Commencement Information I7 S. 16 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))
14 Criminal Justice Act 2003 (c. 44) Part 2 – Bail
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17 Appeals to High Court
(1) In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of High Court to grant, or vary conditions of, bail)—
(a) after “Where” there is inserted “ (a) ”, and (b) after “proceedings,”, in the second place where it occurs, there is inserted “and
(b) it does so where an application to the court to state a case for the opinion of the High Court is made,”.
(2) The inherent power of the High Court to entertain an application in relation to bail where a magistrates' court—
(a) has granted or withheld bail, or (b) has varied the conditions of bail,
is abolished.
(3) The inherent power of the High Court to entertain an application in relation to bail where the Crown Court has determined—
(a) an application under section 3(8) of the 1976 Act, or (b) an application under section 81(1)(a), (b), (c) or (g) of the Supreme Court Act
1981 (c. 54), is abolished.
(4) The High Court is to have no power to entertain an application in relation to bail where the Crown Court has determined an appeal under section 16 of this Act.
(5) The High Court is to have no power to entertain an application in relation to bail where the Crown Court has granted or withheld bail under section 88 or 89 of this Act.
(6) Nothing in this section affects— (a) any other power of the High Court to grant or withhold bail or to vary the
conditions of bail, or (b) any right of a person to apply for a writ of habeas corpus or any other
prerogative remedy.
(7) Any reference in this section to an application in relation to bail is to be read as including—
(a) an application for bail to be granted, (b) an application for bail to be withheld, (c) an application for the conditions of bail to be varied.
(8) Any reference in this section to the withholding of bail is to be read as including a reference to the revocation of bail.
Commencement Information I8 S. 17 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))
18 Appeal by prosecution
(1) Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal) is amended as follows.
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(2) For subsection (1) (prosecution may appeal to Crown Court judge against bail in case of offence punishable by imprisonment for five years or more etc) there is substituted—
“(1) Where a magistrates' court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to a judge of the Crown Court against the granting of bail.”
(3) In subsection (10)(a) for “punishable by a term of imprisonment” there is substituted “ punishable by imprisonment ”.
Commencement Information I9 S. 18 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 1 (subject to
art. 2(2), Sch. 2)
19 Drug users: restriction on bail
(1) The 1976 Act is amended as follows.
(2) In section 3 (general provisions), after subsection (6B) there is inserted—
“(6C) Subsection (6D) below applies where— (a) the court has been notified by the Secretary of State that arrangements
for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the petty sessions area in which it appears to the court that the person referred to in subsection (6D) would reside if granted bail; and
(b) the notice has not been withdrawn.
(6D) In the case of a person (“P”)— (a) in relation to whom paragraphs (a) to (c) of paragraph 6B(1) of Part
1 of Schedule 1 to this Act apply; (b) who, after analysis of the sample referred to in paragraph (b) of that
paragraph, has been offered a relevant assessment or, if a relevant assessment has been carried out, has had relevant follow-up proposed to him; and
(c) who has agreed to undergo the relevant assessment or, as the case may be, to participate in the relevant follow-up,
the court, if it grants bail, shall impose as a condition of bail that P both undergo the relevant assessment and participate in any relevant follow-up proposed to him or, if a relevant assessment has been carried out, that P participate in the relevant follow-up.
(6E) In subsections (6C) and (6D) above— (a) “relevant assessment” means an assessment conducted by a suitably
qualified person of whether P is dependent upon or has a propensity to misuse any specified Class A drugs;
(b) “relevant follow-up” means, in a case where the person who conducted the relevant assessment believes P to have such a dependency or propensity, such further assessment, and such assistance or treatment (or both) in connection with the dependency
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or propensity, as the person who conducted the relevant assessment (or conducts any later assessment) considers to be appropriate in P’s case,
and in paragraph (a) above “Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971, and “specified” (in relation to a Class A drug) has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.
(6F) In subsection (6E)(a) above, “suitably qualified person” means a person who has such qualifications or experience as are from time to time specified by the Secretary of State for the purposes of this subsection.”
(3) In section 3A(3) (conditions of bail in case of police bail), for “, (6A) and (6B)” there is substituted “ and (6A) to (6F) ”.
(4) In Schedule 1 (which contains supplementary provisions about bail), in Part 1 (imprisonable offences)—
(a) after paragraph 6 there is inserted—
6A “Exception applicable to drug users in certain areas
Subject to paragraph 6C below, a defendant who falls within paragraph 6B below may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).
6B Exception applicable to drug users in certain areas
(1) A defendant falls within this paragraph if— (a) he is aged 18 or over; (b) a sample taken—
(i) under section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs) in connection with the offence; or
(ii) under section 161 of the Criminal Justice Act 2003 (drug testing after conviction of an offence but before sentence),
has revealed the presence in his body of a specified Class A drug;
(c) either the offence is one under section 5(2) or (3) of the Misuse of Drugs Act 1971 and relates to a specified Class A drug, or the court is satisfied that there are substantial grounds for believing—
(i) that misuse by him of any specified Class A drug caused or contributed to the offence; or
(ii) (even if it did not) that the offence was motivated wholly or partly by his intended misuse of such a drug; and
(d) the condition set out in sub-paragraph (2) below is satisfied or (if the court is considering on a second or subsequent
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occasion whether or not to grant bail) has been, and continues to be, satisfied.
(2) The condition referred to is that after the taking and analysis of the sample—
(a) a relevant assessment has been offered to the defendant but he does not agree to undergo it; or
(b) he has undergone a relevant assessment, and relevant follow- up has been proposed to him, but he does not agree to participate in it.
(3) In this paragraph and paragraph 6C below— (a) “Class A drug” and “misuse” have the same meaning as in
the Misuse of Drugs Act 1971; (b) “relevant assessment” and “relevant follow-up” have the
meaning given by section 3(6E) of this Act; (c) “specified” (in relation to a Class A drug) has the same
meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.
6C Exception applicable to drug users in certain areas
Paragraph 6A above does not apply unless— (a) the court has been notified by the Secretary of State that
arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the petty sessions area in which it appears to the court that the defendant would reside if granted bail; and
(b) the notice has not been withdrawn.”, (b) in paragraph 8(1), for “(4) to (7)” there is substituted “ (4) to (6B) or (7) ”.
Commencement Information I10 S. 19 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))
20 Supplementary amendments to the Bail Act 1976
(1) In Part 1 of Schedule 1 to the 1976 Act (supplementary provisions relating to bail of defendant accused or convicted of imprisonable offence) the existing text of paragraph 2 is to be sub-paragraph (1) of that paragraph, and after that sub-paragraph (as so re- numbered) there is inserted—
“(2) Where the defendant falls within one or more of paragraphs 2A, 6 and 6B of this Part of this Schedule, this paragraph shall not apply unless—
(a) where the defendant falls within paragraph 2A, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;
(b) where the defendant falls within paragraph 6, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;
(c) where the defendant falls within paragraph 6B, the court is satisfied as mentioned in paragraph 6A of this Part of this Schedule or
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paragraph 6A does not apply by virtue of paragraph 6C of this Part of this Schedule.”
(2) In paragraph 9 of that Part (matters to be taken into account in making decisions under paragraph 2 or 2A of that Part) for “2 or 2A” there is substituted “ 2(1), or in deciding whether it is satisfied as mentioned in paragraph 2A(1), 6(1) or 6A, ”.
Commencement Information I11 S. 20 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))
21 Interpretation of Part 2
In this Part— “bail” means bail in criminal proceedings (within the meaning of the 1976
Act), “bail hostel” has the meaning given by section 2(2) of the 1976 Act, “the 1976 Act” means the Bail Act 1976 (c. 63), “vary” has the same meaning as in the 1976 Act.
Commencement Information I12 S. 21 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))
PART 3
CONDITIONAL CAUTIONS
Modifications etc. (not altering text) C2 Pt. 3 excluded (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 17(8)(a), 95(1); S.I.
2015/778, art. 3, Sch. 1 para. 13
22 Conditional cautions
(1) An authorised person may give a conditional caution to a person aged 18 or over (“the offender”) if each of the five requirements in section 23 is satisfied.
(2) In this Part “conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.
[F3(3) The conditions which may be attached to [F4any conditional caution] are those which have one or more of the following objects—
(a) facilitating the rehabilitation of the offender; (b) ensuring that the offender makes reparation for the offence; (c) punishing the offender.]
[F5(3A) The conditions which may be attached to a conditional caution include—
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(a) (subject to section 23A) a condition that the offender pay a financial penalty; (b) a condition that the offender attend at a specified place at specified times.
“Specified” means specified [F6in the condition] .
(3B) Conditions attached by virtue of subsection (3A)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.
(3C) The Secretary of State may by order amend subsection (3B) by substituting a different figure.]
[F7(3D) A conditional caution given to a relevant foreign offender may have conditions attached to it that have one or more of the objects mentioned in subsection (3E) (whether or not in addition to conditions with one or more of the objects mentioned in subsection (3)).
(3E) The objects are— (a) bringing about the departure of the relevant foreign offender from the United
Kingdom; (b) ensuring that the relevant foreign offender does not return to the United
Kingdom for a period of time.
(3F) If a relevant foreign offender is given a conditional caution with a condition attached to it with the object of ensuring that the offender does not return to the United Kingdom for a period of time, the expiry of that period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.
(3G) In this section “relevant foreign offender” means— (a) an offender directions for whose removal from the United Kingdom have
been, or may be, given under— (i) Schedule 2 to the Immigration Act 1971, or
(ii) section 10 of the Immigration and Asylum Act 1999, or (b) an offender against whom a deportation order under section 5 of the
Immigration Act 1971 is in force.]
(4) In this Part “authorised person” means— (a) a constable, (b) an investigating officer, or (c) a person authorised by a relevant prosecutor for the purposes of this section.
Textual Amendments F3 S. 22(3) substituted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 in so
far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 17(2), 53(1); S.I. 2009/1679, art. 2(1)(4); S.I. 2009/2774, art. 2(1)(3); S.I. 2013/592, art. 2(1)
F4 Words in s. 22(3) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 134(a), 151(1); S.I. 2013/453, art. 4(c)
F5 S. 22(3A)-(3C) inserted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 for specified purposes) by Police and Justice Act 2006 (c. 48), ss. 17(3), 53(1); S.I. 2009/1679, art. 2(1)(2)(4); S.I. 2009/2774, art. 2(1)(2)(3); S.I. 2013/592, art. 2(1)(2)
F6 Words in s. 22(3A) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(2), 151(1); S.I. 2013/453, art. 4(c)
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F7 S. 22(3D)-(3G) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 134(b), 151(1); S.I. 2013/453, art. 4(c)
23 The five requirements
(1) The first requirement is that the authorised person has evidence that the offender has committed an offence.
(2) The second requirement is that a relevant prosecutor [F8or the authorised person ] decides—
(a) that there is sufficient evidence to charge the offender with the offence, and (b) that a conditional caution should be given to the offender in respect of the
offence.
(3) The third requirement is that the offender admits to the authorised person that he committed the offence.
(4) The fourth requirement is that the authorised person explains the effect of the conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.
(5) The fifth requirement is that the offender signs a document which contains— (a) details of the offence, (b) an admission by him that he committed the offence, (c) his consent to being given the conditional caution, and (d) the conditions attached to the caution.
Textual Amendments F8 Words in s. 23(2) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 133(3), 151(1); S.I. 2013/453, art. 4(c)
[F923ZA Duty to consult victims
(1) Before deciding what conditions to attach to a conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.
(2) If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.
(3) Where— (a) there is more than one victim and they express different views, or (b) for any other reason subsection (2) does not apply,
the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.
(4) In this section—
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“community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;
“victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.]
Textual Amendments F9 S. 23ZA inserted (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss.
103(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(d)
[F1023A Financial penalties
(1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.
(2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).
(3) The amount that may be prescribed in respect of any offence [F11(other than one to which subsection (4A) applies)] must not exceed—
(a) one quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence, or
(b) £250, whichever is the lower.
(4) The Secretary of State may by order amend subsection (3) by— (a) substituting a different fraction in paragraph (a); (b) substituting a different figure in paragraph (b).
[ F12(4A)
In the case of an offence for which a person is liable on summary conviction to a fine of an unlimited amount, the amount that may be prescribed must not exceed the amount for the time being specified in subsection (3)(b).]
(5) Where a financial penalty condition is attached to a conditional caution, [F13the condition must] specify—
(a) the amount of the penalty, [F14(b) the person to whom the financial penalty is to be paid and how it may be paid.]
(6) To comply with the condition, the offender must pay the penalty [F15in accordance with the provision specified under subsection (5)(b)].
[ F16(6A)
Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.]
(7) F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(8) F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments F10 S. 23A inserted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 in so
far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 17(4), 53(1); S.I. 2009/1679, art. 2(1)(4); S.I. 2009/2774, art. 2(1)(3); S.I. 2013/592, art. 2(1)
F11 Words in s. 23A(3) inserted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 5 para. 10(2) (with reg. 5(1))
F12 S. 23A(4A) inserted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 5 para. 10(3) (with reg. 5(1))
F13 Words in s. 23A(5) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(4), 151(1); S.I. 2013/453, art. 4(c)
F14 S. 23A(5)(b) substituted for s. 23A(5)(b)(c) (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(2); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)
F15 Words in s. 23A(6) substituted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(3); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)
F16 S. 23A(6A) inserted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 60(4); S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(ii)
F17 S. 23A(7)-(9) repealed (8.7.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 149, 153, Sch. 26 para. 60(5), Sch. 28 Pt. 4; S.I. 2009/1678, art. 3(c)
[F1823B Variation of conditions
A relevant prosecutor [F19 or an authorised person ] may, with the consent of the offender, vary the conditions attached to a conditional caution by—
(a) modifying or omitting any of the conditions; (b) adding a condition.]
Textual Amendments F18 S. 23B inserted (8.7.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26
para. 61; S.I. 2009/1678, art. 2(b)(ii) F19 Words in s. 23B inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 133(5), 151(1); S.I. 2013/453, art. 4(c)
24 Failure to comply with conditions
(1) If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, criminal proceedings may be instituted against the person for the offence in question.
(2) The document mentioned in section 23(5) is to be admissible in such proceedings.
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(3) Where such proceedings are instituted, the conditional caution is to cease to have effect.
[F2024A Arrest for failure to comply
(1) If a constable has reasonable grounds for believing that the offender has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, he may arrest him without warrant.
(2) A person arrested under this section must be— (a) charged with the offence in question,
[ F21(b)
released without charge and without bail (with or without any variation in the conditions attached to the caution) unless paragraph (c)(i) and (ii) applies, or
(c) released without charge and on bail if— (i) the release is to enable a decision to be made as to whether the person
should be charged with the offence, and (ii) the pre-conditions for bail are satisfied.]
(3) Subsection (2) also applies in the case of— (a) a person who, having been released on bail under [F22subsection (2)(c)],
returns to a police station to answer bail or is otherwise in police detention at a police station;
(b) a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 24B below, attends at a police station to answer bail or is otherwise in police detention at a police station;
(c) a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 24B below.
(4) Where a person is released under [F23subsection (2)(c)], the custody officer must inform him that he is being released to enable a decision to be made as to whether he should be charged with the offence in question.
(5) A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention—
(a) to enable him to be dealt with in accordance with that subsection, or (b) where applicable, to enable the power under [F24section 47(4A)] of the 1984
Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 24B below, to be exercised.
If the person is not in a fit state to enable him to be so dealt with, or to enable that power to be exercised, he may be kept in police detention until he is.
(6) The power under subsection (5)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution.
(7) Subsection (2) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.
(8) Subsection (2) does not require a person who—
24 Criminal Justice Act 2003 (c. 44) Part 3 – Conditional cautions
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(a) falls within subsection (3)(a) or (b), and (b) is in police detention in relation to a matter other than the conditional caution,
to be released if he is liable to be kept in detention in relation to that other matter.
[ F25(8A)
In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.]
(9) In this Part— “the 1984 Act” means the Police and Criminal Evidence Act 1984; “police detention” has the same meaning as in the 1984 Act (see
section 118(2) of that Act).
Textual Amendments F20 Ss. 24A, 24B inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2));
S.I. 2007/1614, art. 2(e) F21 S. 24A(2)(b)(c) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in
force) by Policing and Crime Act 2017 (c. 3), ss. 60(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
F22 Words in s. 24A(3)(a) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 60(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
F23 Words in s. 24A(4) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 60(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
F24 Words in s. 24A(5)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 64(8)(a), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)
F25 S. 24A(8A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 60(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
Modifications etc. (not altering text) C3 S. 24A(1) applied by 1998 c. 37, s. 66E(4) (as inserted (16.11.2009 for specified purposes, 8.4.2013 in
so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b))
C4 Ss. 24A(2)-(9) applied by 1998 c. 37, s. 66E(5) (as inserted (16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b))
24B Application of PACE provisions
(1) In the case of a person arrested under section 24A, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.
(2) The provisions are— (a) section 30 (arrest elsewhere than at police station); (b) sections 30A to 30D (bail elsewhere than at police station); (c) section 31 (arrest for further offence);
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(d) section 34(1) to [F26(5E)] (limitations on police detention); (e) section 36 (custody officers at police stations); (f) section 37(4) to [F27(6C)] (record of grounds for detention); (g) section 38 (duties of custody officer after charge); (h) section 39 (responsibilities in relation to persons detained); (i) section 55A (x-rays and ultrasound scans).
(3) The modifications are— (a) in section 30CA(5)(a), for the reference to being involved in the investigation
of the offence mentioned in that provision substitute a reference to being involved—
(i) in the investigation of the offence in respect of which the person was given the conditional caution, or
(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;
(b) in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved—
(i) in the investigation of the offence in respect of which the person was given the conditional caution, or
(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;
(c) in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”; (d) in section 39(2) and (3), for the references to an offence substitute references
to a failure to comply with conditions attached to the conditional caution.
(4) Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 24A above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications—
(a) omit subsections (8) and (8A); (b) in subsection (9), for the reference to section 37(9) or 37D(5) substitute a
reference to the second sentence of section 24A(5) above.
(5) The following provisions of the 1984 Act apply to a person released on bail under [F28section 24A(2)(c)] above as they apply to a person released on bail under section 37 of that Act— F29(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) section 46A (power of arrest for failure to answer to police bain( � (c) section 47 (bail after arrest) [F30except subsections (4D) and (4E)] .
(6) Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within subsection (3) of section 24A above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.
(7) Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 24A above—
26 Criminal Justice Act 2003 (c. 44) Part 3 – Conditional cautions
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(a) in subsections (1)(a) and (12), after “as a person involved in the commission of an offence” insert “or as having failed to comply with any of the conditions attached to his conditional caution”;
(b) in subsection (9)(a), after “the investigation of an offence” insert “, the investigation of whether the person in question has failed to comply with any of the conditions attached to his conditional caution”.]
Textual Amendments F20 Ss. 24A, 24B inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2));
S.I. 2007/1614, art. 2(e) F26 Word in s. 24B(2)(d) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in
force) by Policing and Crime Act 2017 (c. 3), ss. 66(10)(a), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18
F27 Word in s. 24B(2)(f) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 66(10)(b), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18
F28 Words in s. 24B(5) substituted (22.2.2018) by The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 9(2) (with reg. 13)
F29 S. 24B(5)(a) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 64(8)(b)(i), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)
F30 Words in s. 24B(5)(c) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 64(8)(b)(ii), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)
Modifications etc. (not altering text) C5 S. 24B applied by 1998 c. 37, s. 66E(5) (as inserted (16.11.2009 for specified purposes, 8.4.2013 in
so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b))
25 Code of practice
(1) The Secretary of State must prepare a code of practice in relation to conditional cautions.
(2) The code may, in particular, include provision as to— (a) the circumstances in which conditional cautions may be given, (b) the procedure to be followed in connection with the giving of such cautions, (c) the conditions which may be attached to such cautions and the time for which
they may have effect, (d) the category of constable or investigating officer by whom such cautions may
be given, (e) the persons who may be authorised by a relevant prosecutor for the purposes
of section 22, (f) the form which such cautions are to take and the manner in which they are
to be given and recorded, (g) the places where such cautions may be given, F31. . .
[F32(ga) the provision which may be made [F33in a condition] under section 23A(5)(b),] (h) the monitoring of compliance with conditions attached to such cautions.
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[F34(i) the exercise of the power of arrest conferred by section 24A(1), and (j) who is to decide how a person should be dealt with under section 24A(2).]
(3) After preparing a draft of the code the Secretary of State— (a) must publish the draft, (b) must consider any representations made to him about the draft, and (c) may amend the draft accordingly,
but he may not publish or amend the draft without the consent of the Attorney General.
(4) After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.
(5) When he has done so he may bring the code into force by order.
(6) The Secretary of State may from time to time revise a code of practice brought into force under this section.
(7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.
Textual Amendments F31 Word in s. 25(2) repealed (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act
2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 2; S.I. 2007/709, art. 3(o)(t)(iii); S.I. 2007/1614, art. 2(j) F32 S. 25(2)(ga) inserted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by
Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 62; S.I. 2009/1678, art. 3(b) (ii); S.I. 2013/616, art. 2(c)(d)(ii)
F33 Words in s. 25(2)(ga) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(6), 151(1); S.I. 2013/453, art. 4(c)
F34 S. 25(2)(i)(j) inserted (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 58; S.I. 2007/709, art. 3(o)(p); S.I. 2007/1614, art. 2(i)
26 Assistance of National Probation Service
(1) Section 1 of the Criminal Justice and Court Services Act 2000 (c. 43) (purposes of Chapter 1) is amended as follows.
(2) After subsection (1) there is inserted—
“(1A) This Chapter also has effect for the purposes of providing for— (a) authorised persons to be given assistance in determining whether
conditional cautions should be given and which conditions to attach to conditional cautions, and
(b) the supervision and rehabilitation of persons to whom conditional cautions are given.”
(3) After subsection (3) there is inserted—
“(4) In this section “authorised person” and “conditional caution” have the same meaning as in Part 3 of the Criminal Justice Act 2003.”
28 Criminal Justice Act 2003 (c. 44) Part 4 – Charging etc
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27 Interpretation of Part 3
In this Part— “authorised person” has the meaning given by section 22(4), “conditional caution” has the meaning given by section 22(2), “investigating officer” means [F35an officer of Revenue and Customs,
appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or] a person designated as [F36a policing support officer or a policing support volunteer] under section 38 of the Police Reform Act 2002 (c. 30),
“the offender” has the meaning given by section 22(1), “relevant prosecutor” means—
(a) the Attorney General, (b) the Director of the Serious Fraud Office,
(ba) F37... (c) the Director of Public Prosecutions, (d) a Secretary of State, (e) F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) a person who is specified in an order made by the Secretary of State as
being a relevant prosecutor for the purposes of this Part.
Textual Amendments F35 Words in s. 27 inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss.
50(6), 53, Sch. 4 para. 129(a); S.I. 2005/1126, art. 2(2) F36 Words in s. 27 substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in
force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 16(2); S.I. 2017/1139, reg. 2(k) (as amended by S.I 2017/1162, reg. 2)
F37 Words in s. 27 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 38
F38 Words in s. 27 repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50(6), 52(2), 53, Sch. 4 para. 129(b), Sch. 5; S.I. 2005/1126, art. 2(2)
Commencement Information I13 S. 27 wholly in force; s. 27 not in force at Royal Assent, see s. 336(3); s. 27 in force for certain
purposes at 3.7.2004 by S.I. 2004/1629, art. 2; s. 27 wholly in force at 16.11.2009 by S.I. 2009/2775, art. 2
PART 4
CHARGING ETC
28 Charging or release of persons in police detention
Schedule 2 (which makes provision in relation to the charging or release of persons in police detention) shall have effect.
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Commencement Information I14 S. 28 wholly in force at 1.10.2007; s. 28 not in force at Royal Assent, see s. 336(3); s. 28 in force for
certain purposes at 29.1.2004 by S.I. 2004/81, art. 4; s. 28 in force for certain purposes at 3.7.2004 by S.I. 2004/1629, art. 2 and s. 28 in force for certain further purposes at 1.10.2007 by S.I. 2007/2874, art. 2(1)(2)(a)
29 New method of instituting proceedings
(1) A [F39relevant prosecutor] may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.
[F40(2) Where a relevant prosecutor issues a written charge, it must at the same time issue— (a) a requisition, or (b) a single justice procedure notice.
(2A) A requisition is a document which requires the person on whom it is served to appear before a magistrates' court to answer the written charge.
(2B) A single justice procedure notice is a document which requires the person on whom it is served to serve on the designated officer for a magistrates' court specified in the notice a written notification stating—
(a) whether the person desires to plead guilty or not guilty, and (b) if the person desires to plead guilty, whether or not the person desires to be
tried in accordance with section 16A of the Magistrates' Courts Act 1980.]
(3) [F41Where a relevant prosecutor issues a written charge and a requisition, the] written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.
[F42(3A) Where a relevant prosecutor issues a written charge and a single justice procedure notice, the written charge and notice must be served on the person concerned, and a copy of both must be served on the designated officer specified in the notice.
(3B) If a single justice procedure notice is served on a person, the relevant prosecutor must—
(a) at the same time serve on the person such documents as may be prescribed by Criminal Procedure Rules, and
(b) serve copies of those documents on the designated officer specified in the notice.]
[F43(3C) The written notification required by a single justice procedure notice may be served by the legal representative of the person charged on the person's behalf.]
(4) [F44A relevant prosecutor authorised to issue a requisition] is not to have the power to lay an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates' Courts Act 1980 (c. 43).
(5) In this section [F45“relevant prosecutor”] means— (a) a police force or a person authorised by a police force to institute criminal
proceedings, (b) the Director of the Serious Fraud Office or a person authorised by him to
institute criminal proceedings,
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(c) the Director of Public Prosecutions or a person authorised by him to institute criminal proceedings,
F46(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F47(cb) the [F48Director General of the National Crime Agency] or a person authorised
by him to institute criminal proceedings;] (d) the Attorney General or a person authorised by him to institute criminal
proceedings, (e) a Secretary of State or a person authorised by a Secretary of State to institute
criminal proceedings, (f) the Commissioners of Inland Revenue or a person authorised by them to
institute criminal proceedings, (g) the Commissioners of Customs and Excise or a person authorised by them to
institute criminal proceedings, or (h) a person specified in an order made by the Secretary of State for the purposes
of this section or a person authorised by such a person to institute criminal proceedings.
[F49(5A) An order under subsection (5)(h) specifying a person for the purposes of this section must also specify whether that person and a person authorised by that person to institute criminal proceedings—
(a) are authorised to issue written charges, requisitions and single justice procedure notices, or
(b) are authorised to issue only written charges and single justice procedure notices.]
(6) In subsection (5) “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23).
Textual Amendments F39 Words in s. 29(1) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(2),
95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37 F40 S. 29(2)-(2B) substituted for s. 29(2) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss.
46(3), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37 F41 Words in s. 29(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(4),
95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37 F42 S. 29(3A)(3B) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(5), 95(1)
(with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37 F43 S. 29(3C) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(6), 95(1) (with s.
46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37 F44 Words in s. 29(4) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(7),
95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37 F45 Words in s. 29(5) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(8),
95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37 F46 S. 29(5)(ca) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public
Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 39
F47 S. 29(5)(cb) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 196; S.I. 2006/378, art. 4(1), Sch. (subject to art. 4(2)-(7))
F48 Words in s. 29(5)(cb) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 187; S.I. 2013/1682, art. 3(v)
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F49 S. 29(5A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 46(9), 95(1) (with s. 46(10)); S.I. 2015/778, art. 3, Sch. 1 para. 37
Commencement Information I15 S. 29 partly in force; s. 29 not in force at Royal Assent, see s. 336(3); s. 29(1)-(3) (5) (6) in force for
certain purposes at 25.7.2007 by S.I. 2007/1999, arts. 2, 3; s. 29(1)-(3) (5) (6) in force for certain further purposes at 9.6.2008, 1.11.2009, 1.1.2011, 6.9.2011 and 3.10.2011 by S.I. 2008/1424, arts. 2, 3, S.I. 2009/2879, arts. 2, 3, S.I. 2010/3005, art. 2, S.I. 2011/2188, arts. 2, 3; s. 29(1)-(3)(5) in force for certain further purposes at 19.3.2012 by S.I. 2012/825, art. 2; s. 29(1)-(3)(5)(6) in force at 1.4.2014 for specified purposes by S.I. 2014/633, art. 2
30 Further provision about new method
(1) [F50Criminal Procedure Rules] may make— (a) provision as to the form, content, recording, authentication and service of
written charges[F51, requisitions or single justice procedure notices], and (b) such other provision in relation to written charges[F52, requisitions or single
justice procedure notices] as appears to the [F53Criminal Procedure Rule Committee] to be necessary or expedient.
(2) Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision—
(a) which applies (with or without modifications), or which disapplies, the provision of any enactment relating to the service of documents,
(b) for or in connection with the issue of further requisitions [F54or further single justice procedure notices].
(3) F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Nothing in section 29 affects— (a) the power of a public prosecutor to lay an information for the purpose of
obtaining the issue of a warrant under section 1 of the Magistrates' Courts Act 1980 (c. 43),
(b) the power of a person who is not a public prosecutor to lay an information for the purpose of obtaining the issue of a summons or warrant under section 1 of that Act, or
(c) any power to charge a person with an offence whilst he is in custody.
(5) Except where the context otherwise requires, in any enactment contained in an Act passed before this Act—
(a) any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' Courts Act 1980 (c. 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge),
(b) any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a requisition (or to a [F56relevant prosecutor] issuing a requisition)[F57, and
(c) any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to
32 Criminal Justice Act 2003 (c. 44) Part 4 – Charging etc
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a single justice procedure notice (or to a relevant prosecutor issuing a single justice procedure notice).]
(6) Subsection (5) does not apply to section 1 of the Magistrates' Courts Act 1980.
(7) The reference in subsection (5) to an enactment contained in an Act passed before this Act includes a reference to an enactment contained in that Act as a result of an amendment to that Act made by this Act or by any other Act passed in the same Session as this Act.
[F58(7A) The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including—
(a) a reference to an enactment contained in an Act passed before or in the same Session as the Criminal Justice and Courts Act 2015, and
(b) a reference to an enactment contained in such an Act as a result of an amendment to that Act made by the Criminal Justice and Courts Act 2015 or by any other Act passed in the same Session as the Criminal Justice and Courts Act 2015.]
(8) In this section [F59“ relevant prosecutor”], “requisition”[F60, “single justice procedure notice”] and “written charge” have the same meaning as in section 29.
Textual Amendments F50 Words in s. 30(1) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order
2004 (S.I. 2004/2035), art. 3, Sch. para. 46(2)(a) (with art. 2(2)) F51 Words in s. 30(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(2)
(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38 F52 Words in s. 30(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(2)
(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38 F53 Words in s. 30(1)(b) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments)
Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 46(2)(b) (with art. 2(2)) F54 Words in s. 30(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(3),
95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38 F55 S. 30(3) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order
2004 (S.I. 2004/2035), art. 3, Sch. para. 46(3) (with art. 2(2)) F56 Words in s. 30(5)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(4)
(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38 F57 S. 30(5)(c) and word inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(4)(b),
95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38 F58 S. 30(7A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(5), 95(1); S.I.
2015/778, art. 3, Sch. 1 para. 38 F59 Words in s. 30(8) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(6)(a),
95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38 F60 Words in s. 30(8) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 47(6)(b),
95(1); S.I. 2015/778, art. 3, Sch. 1 para. 38
Commencement Information I16 S. 30 partly in force; s. 30 not in force at Royal Assent, see s. 336(3); s. 30 in force for certain
purposes at 25.7.2007 by S.I. 2007/1999, arts. 2, 3; s. 30 in force for certain further purposes at 9.6.2008, 1.11.2009, 1.1.2011, 6.9.2011, 3.10.2011, 19.3.2012 and 1.4.2014 by S.I. 2008/1424, arts. 2, 3, S.I. 2009/2879, arts. 2, 3, S.I. 2010/3005, art. 2, S.I. 2011/2188, arts. 2, 3, S.I. 2012/825, art. 2, S.I. 2014/633, art. 2
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31 Removal of requirement to substantiate information on oath
(1) In section 1(3) of the Magistrates' Courts Act 1980 (warrant may not be issued unless information substantiated on oath) the words “and substantiated on oath” are omitted.
(2) In section 13 of that Act (non-appearance of defendant: issue of warrant) in subsection (3)(a) the words “the information has been substantiated on oath and” are omitted.
(3) For subsection (3A)(a) of that section there is substituted— “(a) the offence to which the warrant relates is punishable, in the case of
a person who has attained the age of 18, with imprisonment, or”.
PART 5
DISCLOSURE
32 Initial duty of disclosure by prosecutor
In the Criminal Procedure and Investigations Act 1996 (c. 25) (in this Part referred to as “the 1996 Act”), in subsection (1)(a) of section 3 (primary disclosure by prosecutor) —
(a) for “in the prosecutor’s opinion might undermine” there is substituted “ might reasonably be considered capable of undermining ”;
(b) after “against the accused” there is inserted “ or of assisting the case for the accused ”.
Commencement Information I17 S. 32 wholly in force at 15.7.2005; s. 32 not in force at Royal Assent, see s. 336(3); s. 32 in force for
E.W. at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 32 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
33 Defence disclosure
(1) In section 5 of the 1996 Act (compulsory disclosure by accused), after subsection (5) there is inserted—
“(5A) Where there are other accused in the proceedings and the court so orders, the accused must also give a defence statement to each other accused specified by the court.
(5B) The court may make an order under subsection (5A) either of its own motion or on the application of any party.
(5C) A defence statement that has to be given to the court and the prosecutor (under subsection (5)) must be given during the period which, by virtue of section 12, is the relevant period for this section.
(5D) A defence statement that has to be given to a co-accused (under subsection (5A)) must be given within such period as the court may specify.”
(2) After section 6 of that Act there is inserted—
34 Criminal Justice Act 2003 (c. 44) Part 5 – Disclosure
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“6A Contents of defence statement
(1) For the purposes of this Part a defence statement is a written statement— (a) setting out the nature of the accused’s defence, including any
particular defences on which he intends to rely, (b) indicating the matters of fact on which he takes issue with the
prosecution, (c) setting out, in the case of each such matter, why he takes issue with
the prosecution, and (d) indicating any point of law (including any point as to the admissibility
of evidence or an abuse of process) which he wishes to take, and any authority on which he intends to rely for that purpose.
(2) A defence statement that discloses an alibi must give particulars of it, including—
(a) the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given;
(b) any information in the accused’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the statement is given.
(3) For the purposes of this section evidence in support of an alibi is evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.
(4) The Secretary of State may by regulations make provision as to the details of the matters that, by virtue of subsection (1), are to be included in defence statements.”
(3) After section 6A of that Act (inserted by subsection (2) above) there is inserted—
“6B Updated disclosure by accused
(1) Where the accused has, before the beginning of the relevant period for this section, given a defence statement under section 5 or 6, he must during that period give to the court and the prosecutor either—
(a) a defence statement under this section (an “updated defence statement”), or
(b) a statement of the kind mentioned in subsection (4).
(2) The relevant period for this section is determined under section 12.
(3) An updated defence statement must comply with the requirements imposed by or under section 6A by reference to the state of affairs at the time when the statement is given.
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(4) Instead of an updated defence statement, the accused may give a written statement stating that he has no changes to make to the defence statement which was given under section 5 or 6.
(5) Where there are other accused in the proceedings and the court so orders, the accused must also give either an updated defence statement or a statement of the kind mentioned in subsection (4), within such period as may be specified by the court, to each other accused so specified.
(6) The court may make an order under subsection (5) either of its own motion or on the application of any party.”
Commencement Information I18 S. 33 partly in force; s. 33 not in force at Royal Assent, see s. 336(3); s. 33(2) in force for E.W. at
4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 33(2) in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3)); s. 33(1) in force for certain purposes at 24.7.2006 by S.I. 2006/1835, art. 2
34 Notification of intention to call defence witnesses
After section 6B of the 1996 Act (inserted by section 33 above) there is inserted—
“6C Notification of intention to call defence witnesses
(1) The accused must give to the court and the prosecutor a notice indicating whether he intends to call any persons (other than himself) as witnesses at his trial and, if so—
(a) giving the name, address and date of birth of each such proposed witness, or as many of those details as are known to the accused when the notice is given;
(b) providing any information in the accused’s possession which might be of material assistance in identifying or finding any such proposed witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the notice is given.
(2) Details do not have to be given under this section to the extent that they have already been given under section 6A(2).
(3) The accused must give a notice under this section during the period which, by virtue of section 12, is the relevant period for this section.
(4) If, following the giving of a notice under this section, the accused— (a) decides to call a person (other than himself) who is not included in the
notice as a proposed witness, or decides not to call a person who is so included, or
(b) discovers any information which, under subsection (1), he would have had to include in the notice if he had been aware of it when giving the notice,
he must give an appropriately amended notice to the court and the prosecutor.”
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Commencement Information I19 S. 34 partly in force; s. 34 not in force at Royal Assent see s. 336(3); s. 34 in force for E.W. at 1.5.2010
by S.I. 2010/1183, art. 3 (with art. 4)
PROSPECTIVE
35 Notification of names of experts instructed by defendant
After section 6C of the 1996 Act (inserted by section 34 above) there is inserted—
“6D Notification of names of experts instructed by accused
(1) If the accused instructs a person with a view to his providing any expert opinion for possible use as evidence at the trial of the accused, he must give to the court and the prosecutor a notice specifying the person’s name and address.
(2) A notice does not have to be given under this section specifying the name and address of a person whose name and address have already been given under section 6C.
(3) A notice under this section must be given during the period which, by virtue of section 12, is the relevant period for this section.”
36 Further provisions about defence disclosure
After section 6D of the 1996 Act (inserted by section 35 above) there is inserted—
“6E Disclosure by accused: further provisions
(1) Where an accused’s solicitor purports to give on behalf of the accused— (a) a defence statement under section 5, 6 or 6B, or (b) a statement of the kind mentioned in section 6B(4),
the statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
(2) If it appears to the judge at a pre-trial hearing that an accused has failed to comply fully with section 5, 6B or 6C, so that there is a possibility of comment being made or inferences drawn under section 11(5), he shall warn the accused accordingly.
(3) In subsection (2) “pre-trial hearing” has the same meaning as in Part 4 (see section 39).
(4) The judge in a trial before a judge and jury— (a) may direct that the jury be given a copy of any defence statement, and (b) if he does so, may direct that it be edited so as not to include references
to matters evidence of which would be inadmissible.
(5) A direction under subsection (4)—
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(a) may be made either of the judge’s own motion or on the application of any party;
(b) may be made only if the judge is of the opinion that seeing a copy of the defence statement would help the jury to understand the case or to resolve any issue in the case.
(6) The reference in subsection (4) to a defence statement is a reference— (a) where the accused has given only an initial defence statement (that is,
a defence statement given under section 5 or 6), to that statement; (b) where he has given both an initial defence statement and an updated
defence statement (that is, a defence statement given under section 6B), to the updated defence statement;
(c) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement.”
Commencement Information I20 S. 36 wholly in force at 15.7.2005; s. 36 not in force at Royal Assent, see s. 336(3); s. 36 in force for
E.W. at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 36 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
37 Continuing duty of disclosure by prosecutor
Before section 8 of the 1996 Act there is inserted—
“7A Continuing duty of prosecutor to disclose
(1) This section applies at all times— (a) after the prosecutor has complied with section 3 or purported to comply
with it, and (b) before the accused is acquitted or convicted or the prosecutor decides
not to proceed with the case concerned.
(2) The prosecutor must keep under review the question whether at any given time (and, in particular, following the giving of a defence statement) there is prosecution material which—
(a) might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, and
(b) has not been disclosed to the accused.
(3) If at any time there is any such material as is mentioned in subsection (2) the prosecutor must disclose it to the accused as soon as is reasonably practicable (or within the period mentioned in subsection (5)(a), where that applies).
(4) In applying subsection (2) by reference to any given time the state of affairs at that time (including the case for the prosecution as it stands at that time) must be taken into account.
(5) Where the accused gives a defence statement under section 5, 6 or 6B— (a) if as a result of that statement the prosecutor is required by this section
to make any disclosure, or further disclosure, he must do so during the
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period which, by virtue of section 12, is the relevant period for this section;
(b) if the prosecutor considers that he is not so required, he must during that period give to the accused a written statement to that effect.
(6) For the purposes of this section prosecution material is material— (a) which is in the prosecutor’s possession and came into his possession
in connection with the case for the prosecution against the accused, or (b) which, in pursuance of a code operative under Part 2, he has inspected
in connection with the case for the prosecution against the accused.
(7) Subsections (3) to (5) of section 3 (method by which prosecutor discloses) apply for the purposes of this section as they apply for the purposes of that.
(8) Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.
(9) Material must not be disclosed under this section to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23).”
Commencement Information I21 S. 37 wholly in force at 15.7.2005; s. 37 not in force at Royal Assent, see s. 336(3); s. 37 in force for
E.W. at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 37 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
38 Application by defence for disclosure
In section 8 of the 1996 Act (application by accused for disclosure), for subsections (1) and (2) there is substituted—
“(1) This section applies where the accused has given a defence statement under section 5, 6 or 6B and the prosecutor has complied with section 7A(5) or has purported to comply with it or has failed to comply with it.
(2) If the accused has at any time reasonable cause to believe that there is prosecution material which is required by section 7A to be disclosed to him and has not been, he may apply to the court for an order requiring the prosecutor to disclose it to him.”
Commencement Information I22 S. 38 wholly in force at 15.7.2005; s. 38 not in force at Royal Assent, see s. 336(3); s. 38 in force for
E.W. at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 37 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
39 Faults in defence disclosure
For section 11 of the 1996 Act there is substituted—
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“11 Faults in disclosure by accused
(1) This section applies in the three cases set out in subsections (2), (3) and (4).
(2) The first case is where section 5 applies and the accused— (a) fails to give an initial defence statement, (b) gives an initial defence statement but does so after the end of the period
which, by virtue of section 12, is the relevant period for section 5, (c) is required by section 6B to give either an updated defence statement
or a statement of the kind mentioned in subsection (4) of that section but fails to do so,
(d) gives an updated defence statement or a statement of the kind mentioned in section 6B(4) but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6B,
(e) sets out inconsistent defences in his defence statement, or (f) at his trial—
(i) puts forward a defence which was not mentioned in his defence statement or is different from any defence set out in that statement,
(ii) relies on a matter which, in breach of the requirements imposed by or under section 6A, was not mentioned in his defence statement,
(iii) adduces evidence in support of an alibi without having given particulars of the alibi in his defence statement, or
(iv) calls a witness to give evidence in support of an alibi without having complied with section 6A(2)(a) or (b) as regards the witness in his defence statement.
(3) The second case is where section 6 applies, the accused gives an initial defence statement, and the accused—
(a) gives the initial defence statement after the end of the period which, by virtue of section 12, is the relevant period for section 6, or
(b) does any of the things mentioned in paragraphs (c) to (f) of subsection (2).
(4) The third case is where the accused— (a) gives a witness notice but does so after the end of the period which, by
virtue of section 12, is the relevant period for section 6C, or (b) at his trial calls a witness (other than himself) not included, or not
adequately identified, in a witness notice.
(5) Where this section applies— (a) the court or any other party may make such comment as appears
appropriate; (b) the court or jury may draw such inferences as appear proper in deciding
whether the accused is guilty of the offence concerned.
(6) Where— (a) this section applies by virtue of subsection (2)(f)(ii) (including that
provision as it applies by virtue of subsection (3)(b)), and
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(b) the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority,
comment by another party under subsection (5)(a) may be made only with the leave of the court.
(7) Where this section applies by virtue of subsection (4), comment by another party under subsection (5)(a) may be made only with the leave of the court.
(8) Where the accused puts forward a defence which is different from any defence set out in his defence statement, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard—
(a) to the extent of the differences in the defences, and (b) to whether there is any justification for it.
(9) Where the accused calls a witness whom he has failed to include, or to identify adequately, in a witness notice, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard to whether there is any justification for the failure.
(10) A person shall not be convicted of an offence solely on an inference drawn under subsection (5).
(11) Where the accused has given a statement of the kind mentioned in section 6B(4), then, for the purposes of subsections (2)(f)(ii) and (iv), the question as to whether there has been a breach of the requirements imposed by or under section 6A or a failure to comply with section 6A(2)(a) or (b) shall be determined—
(a) by reference to the state of affairs at the time when that statement was given, and
(b) as if the defence statement was given at the same time as that statement.
(12) In this section— (a) “initial defence statement” means a defence statement given under
section 5 or 6; (b) “updated defence statement” means a defence statement given under
section 6B; (c) a reference simply to an accused’s “defence statement” is a reference—
(i) where he has given only an initial defence statement, to that statement;
(ii) where he has given both an initial and an updated defence statement, to the updated defence statement;
(iii) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement;
(d) a reference to evidence in support of an alibi shall be construed in accordance with section 6A(3);
(e) “witness notice” means a notice given under section 6C.”
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Commencement Information I23 S. 39 partly in force; s. 39 not in force at Royal Assent, see s. 336(3); s. 39 in force for E.W. for certain
purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 2 (subject to art. 2(2), Sch. 2); s. 39 in force for N.I. for certain purposes at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3)); s. 39 in force for E.W. for certain purposes at 1.5.2010 by S.I. 2010/1183, art. 3 (with art. 4)
40 Code of practice for police interviews of witnesses notified by accused
In Part 1 of the 1996 Act after section 21 there is inserted—
“21A Code of practice for police interviews of witnesses notified by accused
(1) The Secretary of State shall prepare a code of practice which gives guidance to police officers, and other persons charged with the duty of investigating offences, in relation to the arranging and conducting of interviews of persons—
(a) particulars of whom are given in a defence statement in accordance with section 6A(2), or
(b) who are included as proposed witnesses in a notice given under section 6C.
(2) The code must include (in particular) guidance in relation to— (a) information that should be provided to the interviewee and the accused
in relation to such an interview; (b) the notification of the accused’s solicitor of such an interview; (c) the attendance of the interviewee’s solicitor at such an interview; (d) the attendance of the accused’s solicitor at such an interview; (e) the attendance of any other appropriate person at such an interview
taking into account the interviewee’s age or any disability of the interviewee.
(3) Any police officer or other person charged with the duty of investigating offences who arranges or conducts such an interview shall have regard to the code.
(4) In preparing the code, the Secretary of State shall consult— (a) to the extent the code applies to England and Wales—
(i) any person who he considers to represent the interests of chief officers of police;
(ii) the General Council of the Bar; (iii) the Law Society of England and Wales; (iv) the Institute of Legal Executives;
(b) to the extent the code applies to Northern Ireland— (i) the Chief Constable of the Police Service of Northern Ireland;
(ii) the General Council of the Bar of Northern Ireland; (iii) the Law Society of Northern Ireland;
(c) such other persons as he thinks fit.
42 Criminal Justice Act 2003 (c. 44) Part 6 – Allocation and sending of offences
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(5) The code shall not come into operation until the Secretary of State by order so provides.
(6) The Secretary of State may from time to time revise the code and subsections (4) and (5) shall apply to a revised code as they apply to the code as first prepared.
(7) An order bringing the code into operation may not be made unless a draft of the order has been laid before each House of Parliament and approved by a resolution of each House.
(8) An order bringing a revised code into operation shall be laid before each House of Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
(9) When an order or a draft of an order is laid in accordance with subsection (7) or (8), the code to which it relates shall also be laid.
(10) No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
(11) A failure by a person mentioned in subsection (3) to have regard to any provision of a code for the time being in operation by virtue of an order under this section shall not in itself render him liable to any criminal or civil proceedings.
(12) In all criminal and civil proceedings a code in operation at any time by virtue of an order under this section shall be admissible in evidence.
(13) If it appears to a court or tribunal conducting criminal or civil proceedings that—
(a) any provision of a code in operation at any time by virtue of an order under this section, or
(b) any failure mentioned in subsection (11), is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.”
Commencement Information I24 S. 40 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))
PART 6
ALLOCATION AND SENDING OF OFFENCES
41 Allocation of offences triable either way, and sending cases to Crown Court
Schedule 3 (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court) shall have effect.
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Commencement Information I25 S. 41 partly in force; s. 41 not in force at Royal Assent, see s. 336(3); s. 41 in force for certain
purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 3 (subject to art. 2(2), Sch. 2); s. 41 in force for certain further purposes at 18.5.2012 by S.I. 2012/1320, art. 2(a); s. 41 in force for certain further purposes at 18.6.2012 by S.I. 2012/1320, arts. 3(a),4(1)(a)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)
I26 S. 41 in force at 5.11.2012 for specified purposes by S.I. 2012/2574, art. 2(1)(a)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)
I27 S. 41 in force at 28.5.2013 for specified purposes by S.I. 2013/1103, art. 2(1)(a)(2)(3) (with arts. 3, 4)
42 Mode of trial for certain firearms offences: transitory arrangements
(1) The Magistrates' Courts Act 1980 is amended as follows.
(2) In section 24 (summary trial of information against child or young person for indictable offence)—
(a) in subsection (1), for “homicide” there is substituted “ one falling within subsection (1B) below ”,
(b) in subsection (1A)(a), for “of homicide” there is substituted “ falling within subsection (1B) below ”,
(c) after subsection (1A), there is inserted—
“(1B) An offence falls within this subsection if— (a) it is an offence of homicide; or (b) each of the requirements of section 51A(1) of the Firearms
Act 1968 would be satisfied with respect to— (i) the offence; and
(ii) the person charged with it, if he were convicted of the offence.”
(3) In section 25 (power to change from summary trial to committal proceedings and vice versa), in subsection (5), for “homicide” there is substituted “ one falling within section 24(1B) above ”.
PART 7
TRIALS ON INDICTMENT WITHOUT A JURY
PROSPECTIVE
43 Applications by prosecution for certain fraud cases to be conducted without a jury
[F61(1) This section applies where— (a) one or more defendants are to be tried on indictment for one or more offences,
and
44 Criminal Justice Act 2003 (c. 44) Part 7 – Trials on indictment without a jury
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(b) notice has been given under section 51B of the Crime and Disorder Act 1998 (c. 37) (notices in serious or complex fraud cases) in respect of that offence or those offences.
(2) The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.
(3) If an application under subsection (2) is made and the judge is satisfied that the condition in subsection (5) is fulfilled, he may make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.
(4) The judge may not make such an order without the approval of the Lord Chief Justice or a judge nominated by him.
(5) The condition is that the complexity of the trial or the length of the trial (or both) is likely to make the trial so burdensome to the members of a jury hearing the trial that the interests of justice require that serious consideration should be given to the question of whether the trial should be conducted without a jury.
(6) In deciding whether or not he is satisfied that that condition is fulfilled, the judge must have regard to any steps which might reasonably be taken to reduce the complexity or length of the trial.
(7) But a step is not to be regarded as reasonable if it would significantly disadvantage the prosecution.]
Textual Amendments F61 S. 43 repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 113, 120, Sch. 10 Pt.
10
44 Application by prosecution for trial to be conducted without a jury where danger of jury tampering
(1) This section applies where one or more defendants are to be tried on indictment for one or more offences.
(2) The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.
(3) If an application under subsection (2) is made and the judge is satisfied that both of the following two conditions are fulfilled, he must make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.
(4) The first condition is that there is evidence of a real and present danger that jury tampering would take place.
(5) The second condition is that, notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice for the trial to be conducted without a jury.
(6) The following are examples of cases where there may be evidence of a real and present danger that jury tampering would take place—
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(a) a case where the trial is a retrial and the jury in the previous trial was discharged because jury tampering had taken place,
(b) a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of the defendants,
(c) a case where there has been intimidation, or attempted intimidation, of any person who is likely to be a witness in the trial.
Commencement Information I28 S. 44 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)
45 Procedure for applications under [F62section]44
(1) This section applies— (a) [F63to an application under section 43, and] (b) to an application under section 44.
(2) An application to which this section applies must be determined at a preparatory hearing (within the meaning of the 1987 Act or Part 3 of the 1996 Act).
(3) The parties to a preparatory hearing at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.
(4) In section 7(1) of the 1987 Act (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—
“(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,
(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,
(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies,”.
(5) In section 9(11) of that Act (appeal to Court of Appeal) after “above,” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section [F6443 or] 44 of that Act which is made on the determination of such an application, ”.
(6) In section 29 of the 1996 Act (power to order preparatory hearing) after subsection (1) there is inserted—
“(1A) A judge of the Crown Court may also order that a preparatory hearing shall be held if an application to which section 45 of the Criminal Justice Act 2003 applies (application for trial without jury) is made.”
(7) In subsection (2) of that section (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—
“(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,
(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,
46 Criminal Justice Act 2003 (c. 44) Part 7 – Trials on indictment without a jury
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(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies,”.
(8) F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) In section 35(1) of that Act (appeal to Court of Appeal) after “31(3),” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section [F6443 or] 44 of that Act which is made on the determination of such an application, ”.
(10) In this section— “the 1987 Act” means the Criminal Justice Act 1987 (c. 38), “the 1996 Act” means the Criminal Procedure and Investigations Act 1996
(c. 25).
Textual Amendments F62 Word in s. 45 substituted (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9
para. 148(2)(a) F63 S. 45(1)(a) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para.
148(2)(b), Sch. 10 Pt. 10 F64 Words in s. 45(5)(9) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120,
Sch. 9 para. 148(2)(c) (with s. 97) F65 S. 45(8) repealed (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 37(5), 39, Sch. 3; S.I. 2006/1013, art.
2
Commencement Information I29 S. 45 partly in force; s. 45 not in force at Royal Assent, see s. 336(3); s. 45 in force for certain purpose
at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3)
46 Discharge of jury because of jury tampering
(1) This section applies where— (a) a judge is minded during a trial on indictment to discharge the jury, and (b) he is so minded because jury tampering appears to have taken place.
(2) Before taking any steps to discharge the jury, the judge must— (a) inform the parties that he is minded to discharge the jury, (b) inform the parties of the grounds on which he is so minded, and (c) allow the parties an opportunity to make representations.
(3) Where the judge, after considering any such representations, discharges the jury, he may make an order that the trial is to continue without a jury if, but only if, he is satisfied—
(a) that jury tampering has taken place, and (b) that to continue the trial without a jury would be fair to the defendant or
defendants; but this is subject to subsection (4).
(4) If the judge considers that it is necessary in the interests of justice for the trial to be terminated, he must terminate the trial.
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(5) Where the judge terminates the trial under subsection (4), he may make an order that any new trial which is to take place must be conducted without a jury if he is satisfied in respect of the new trial that both of the conditions set out in section 44 are likely to be fulfilled.
(6) Subsection (5) is without prejudice to any other power that the judge may have on terminating the trial.
(7) Subject to subsection (5), nothing in this section affects the application of section [F6643 or] 44 in relation to any new trial which takes place following the termination of the trial.
Textual Amendments F66 Words in s. 46(7) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9
para. 148(3), Sch. 10 Pt. 10
Commencement Information I30 S. 46 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)
47 Appeals
(1) An appeal shall lie to the Court of Appeal from an order under section 46(3) or (5).
(2) Such an appeal may be brought only with the leave of the judge or the Court of Appeal.
(3) An order from which an appeal under this section lies is not to take effect— (a) before the expiration of the period for bringing an appeal under this section, or (b) if such an appeal is brought, before the appeal is finally disposed of or
abandoned.
(4) On the termination of the hearing of an appeal under this section, the Court of Appeal may confirm or revoke the order.
(5) Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
(a) the jurisdiction of the Court of Appeal under this section is to be exercised by the criminal division of that court, and
(b) references in this section to the Court of Appeal are to be construed as references to that division.
(6) In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (right of appeal to House of Lords) after “1996” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.
(7) In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.
(8) The Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (subject to any specified modifications).
48 Criminal Justice Act 2003 (c. 44) Part 7 – Trials on indictment without a jury
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Commencement Information I31 S. 47 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)
48 Further provision about trials without a jury
(1) The effect of an order under section [F6743,] 44 or 46(5) is that the trial to which the order relates is to be conducted without a jury.
(2) The effect of an order under section 46(3) is that the trial to which the order relates is to be continued without a jury.
(3) Where a trial is conducted or continued without a jury, the court is to have all the powers, authorities and jurisdiction which the court would have had if the trial had been conducted or continued with a jury (including power to determine any question and to make any finding which would be required to be determined or made by a jury).
(4) Except where the context otherwise requires, any reference in an enactment to a jury, the verdict of a jury or the finding of a jury is to be read, in relation to a trial conducted or continued without a jury, as a reference to the court, the verdict of the court or the finding of the court.
(5) Where a trial is conducted or continued without a jury and the court convicts a defendant—
(a) the court must give a judgment which states the reasons for the conviction at, or as soon as reasonably practicable after, the time of the conviction, and
(b) the reference in section 18(2) of the Criminal Appeal Act 1968 (c. 19) (notice of appeal or of application for leave to appeal to be given within 28 days from date of conviction etc) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).
(6) Nothing in this Part affects[F68 the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 that any question, finding or verdict mentioned in that section be determined, made or returned by a jury].
Textual Amendments F67 Word in s. 48(1) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9
para. 148(4), Sch. 10 Pt. 10 F68 S. 48(6): words substituted (31.3.2005) for s. 48(6)(a)(b) by Domestic Violence, Crime and Victims
Act 2004 (c. 28), ss. 58(1), 59, 60 {Sch. 10 para. 60} (with Sch. 12 para. 8); S.I. 2005/579, art. 3(f)(g)
Commencement Information I32 S. 48 partly in force; s. 48 not in force at Royal Assent, see s. 336(3); s. 48 in force for certain
purposes at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3)
49 Rules of court
(1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
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(2) Without limiting subsection (1), rules of court may in particular make provision for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done.
(3) Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.
50 Application of Part 7 to Northern Ireland
(1) In its application to Northern Ireland this Part is to have effect— (a) subject to subsection (2), and (b) subject to the modifications in subsections (3) to (16).
(2) This Part does not apply in relation to a trial to which section 75 of the Terrorism Act 2000 (c. 11) (trial without jury for certain offences) applies.
(3) For section 45 substitute—
“45 Procedure for applications under sections 43 and 44
(1) This section applies— (a) to an application under section 43, and (b) to an application under section 44.
(2) An application to which this section applies must be determined— (a) at a preparatory hearing (within the meaning of the 1988 Order), or (b) at a hearing specified in, or for which provision is made by, Crown
Court rules.
(3) The parties to a hearing mentioned in subsection (2) at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.
(4) In Article 6(1) of the 1988 Order (which sets out the purposes of preparatory hearings) for sub-paragraphs (a) to (c) there is substituted—
“(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial;
(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them;
(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies; or”.
(5) In Article 8(11) of the 1988 Order (appeal to Court of Appeal) after “(3),” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application, ”.
(6) In this section “the 1988 Order” means the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.”
(4) For section 47(1) substitute—
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“(1) An appeal shall lie to the Court of Appeal— (a) from the refusal by a judge at a hearing mentioned in section 45(2)
(b) of an application to which section 45 applies or from an order of a judge at such a hearing under section 43 or 44 which is made on the determination of such an application,
(b) from an order under section 46(3) or (5).”
(5) In section 47(3) after “order” insert “ or a refusal of an application ”.
(6) In section 47(4) for “confirm or revoke the order” substitute— “(a) where the appeal is from an order, confirm or revoke the order, or (b) where the appeal is from a refusal of an application, confirm the
refusal or make the order which is the subject of the application”.
(7) Omit section 47(5).
(8) For section 47(6) substitute—
“(6) In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to [F69Supreme Court]) after “1988” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.”
(9) For section 47(7) substitute—
“(7) In section 35 of that Act (bail) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.”
(10) In section 47(8) [F70(a) for “Secretary of State” substitute Department of Justice in Northern Ireland;
and (b)] for “Criminal Appeal Act 1968” substitute “ Criminal Appeal (Northern
Ireland) Act 1980 ”.
(11) In section 48(4) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.
(12) For section 48(5)(b) substitute— “(b) the reference in section 16(1) of the Criminal Appeal (Northern
Ireland) Act 1980 (c. 47) (notice of appeal or application for leave) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).”
(13) In section 48(6)— [F71(a) for “section 4A of the Criminal Procedure (Insanity) Act 1964” substitute
Article 49A of the Mental Health (Northern Ireland) Order 1986, and (b) for “that section” substitute that Article.]
(14) After section 48 insert—
“48A Reporting restrictions
(1) Sections 41 and 42of the Criminal Procedure and Investigations Act 1996 (c. 25) are to apply in relation to—
(a) a hearing of the kind mentioned in section 45(2)(b), and
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(b) any appeal or application for leave to appeal relating to such a hearing, as they apply in relation to a ruling under section 40 of that Act, but subject to the following modifications.
(2) Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d) there were substituted—
“(a) a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003;
(b) any appeal or application for leave to appeal relating to such a hearing.”
(3) Section 41(3) of that Act is to have effect as if— (a) for “(2)” there were substituted “ (2)(a) or an application to that judge
for leave to appeal to the Court of Appeal ”, and (b) after “matter” in the second place where it occurs there were inserted
“ or application ”.
(4) Section 41 of that Act is to have effect as if after subsection (3) there were inserted—
“(3A) The Court of Appeal may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—
(a) an appeal to that Court, or (b) an application to that Court for leave to appeal.
(3B) The [F72Supreme Court] may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—
(a) an appeal to [F73the Supreme Court] , or (b) an application to [F73the Supreme Court] for leave to appeal.”
(5) Section 41(4) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the [F74Supreme Court] ”.
(6) Section 41(5) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the [F74Supreme Court] ”.”
(15) For section 49(2) substitute—
“(2) Without limiting subsection (1), rules of court may in particular make provision—
(a) for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done;
(b) in relation to hearings of the kind mentioned in section 45(2)(b) and appeals under section 47.”
(16) In section 49(3)— (a) after “section” insert “ or section 45(2)(b) ”, and (b) after “enactment” insert “ (including any provision of Northern Ireland
legislation) ”.
52 Criminal Justice Act 2003 (c. 44) Part 8 – Live links
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Textual Amendments F69 Words in s. 50(8) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148,
{Sch. 9 para. 82(2)(a)}; S.I. 2009/1604, art. 2(d) F70 Words in s. 50(10) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and
Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 78(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F71 S. 50(13)(a)(b) substituted (31.3.2005) for s. 50(13)(a)-(c) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 59, 60 {Sch. 10 para. 61} (with Sch. 12 para. 8); S.I. 2005/579, art. 3(e)
F72 Words in s. 50(14) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(b)}; S.I. 2009/1604, art. 2(d)
F73 Words in s. 50(14) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(b)}; S.I. 2009/1604, art. 2(d)
F74 Words in s. 50(14) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(c)}; S.I. 2009/1604, art. 2(d)
Commencement Information I33 S. 50 partly in force; s. 50 not in force at Royal Assent, see s. 336(3); s. 50 in force for certain
purposes at 8.1.2007 by S.I. 2006/3422, art. 2
PART 8
LIVE LINKS
51 Live links in criminal proceedings
[F75(1) A person may, if the court so directs, take part in eligible criminal proceedings through—
(a) a live audio link, or (b) a live video link.
(1A) A direction under this section may be given for a judge or justice to take part in eligible criminal proceedings through a live audio link or a live video link.
(1B) But no direction under this section may be given for any member of a jury to take part in eligible criminal proceedings through a live audio link or a live video link.]
(2) [F76In this Part “eligible criminal proceedings” means—] (a) a summary trial, (b) (b) [F77a criminal appeal to the Crown Court and any proceedings that are
preliminary or incidental to such an appeal,] (c) a trial on indictment [F78or any other trial in the Crown Court for an offence],
[F79(ca) proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964,
(cb) proceedings under Part 3 of the Mental Health Act 1983, (cc) proceedings under—
(i) section 11 of the Powers of the Criminal Courts (Sentencing) Act 2000, or
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(ii) section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates' court on adjourning a case under that section of the 2000 Act,]
(d) an appeal to the criminal division of the Court of Appeal [F80and any proceedings that are preliminary or incidental to such an appeal],
[F81(da) a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference,]
(e) the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 (c. 35) [F82and any proceedings that are preliminary or incidental to such a hearing],
(f) a hearing before a magistrates' court or the Crown Court which is held after the defendant has entered a plea of guilty, [F83and]
[F84(fa) a hearing under section 142(1) or (2) of the Magistrates' Courts Act 1980 or under section 155 of the Powers of Criminal Courts (Sentencing) Act 2000,]
(g) a hearing before the Court of Appeal under section 80 of this [F85Act and any proceedings that are preliminary or incidental to such a hearing, and]
[F86(h) any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted;
but hearings to which Part 3A of the Crime and Disorder Act 1998 applies (see section 57A(1) of that Act) are not eligible criminal proceedings.]
(3) A direction may be given under this section— (a) on an application by a party to the proceedings, or (b) of the court’s own motion.
[F87(4) But the court may not give a direction for a person to take part in eligible criminal proceedings through a live audio link or a live video link unless—
(a) the court is satisfied that it is in the interests of justice for the person concerned to take part in the proceedings in accordance with the direction through the live audio link or through the live video link,
(b) the parties to the proceedings have been given the opportunity to make representations, and
(c) the relevant youth offending team has been given the opportunity to make representations, if it is a case where the defendant is a party to the proceedings and either—
(i) the defendant has not attained the age of 18 years, or (ii) the defendant has attained the age of 18 years since proceedings for
the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.]
[F88(4A) The power conferred by this section includes power to give— (a) a direction that is applicable to several, or all, of the persons taking part in
particular eligible criminal proceedings; (b) a direction that is applicable to a particular person in respect of only some
aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence);
(c) a direction for a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link.
54 Criminal Justice Act 2003 (c. 44) Part 8 – Live links
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(4B) The power of the court to give a direction under this section is subject to Schedule 3A (prohibitions and limitations on use of live links).
(4C) The court may vary a live link direction under this section; and the provisions of this Part that apply to the giving of such a direction also apply to the variation of such a direction.
(4D) If a court gives a live link direction under this section for a person to take part in particular proceedings by giving evidence through a live audio link or a live video link, the person may not give evidence except in accordance with the direction.
(4E) The court may rescind a live link direction under this section at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court's power to give a further live link direction in relation to the proceedings).
(4F) A live link direction under this section may not be rescinded unless— (a) the court is satisfied that it is in the interests of justice for the direction to be
rescinded, (b) the parties to the proceedings have been given the opportunity to make
representations, (c) the relevant youth offending team has been given the opportunity to make
representations, if it is a case where the defendant is a party to the proceedings and either—
(i) the defendant has not attained the age of 18 years, or (ii) the defendant has attained the age of 18 years since proceedings for
the offence were begun, and the court has decided to continue to deal with the case as if he or she had not attained that age.
(4G) A live link direction under this section may be varied or rescinded by the court of its own motion or on an application by a party; but such an application may not be made unless there has been a material change of circumstances since the direction was given.
(4H) If a hearing takes place in relation to the giving or rescinding of a live link direction under this section, the court may require or permit a person to take part in that hearing through—
(a) a live audio link, or (b) a live video link.]
(5) [F89The withdrawal of such a notification is not to affect a direction given under this section before that withdrawal.]
(6) In deciding whether to give [F90or rescind] a direction under this section the court must consider all the circumstances of the case.
[F91(7) Those circumstances include in particular— (a) in the case of a direction relating to a witness—
(i) the importance of the witness's evidence to the proceedings; (ii) whether a direction might tend to inhibit any party to the proceedings
from effectively testing the witness's evidence; (b) in the case of a direction relating to any participant in the proceedings—
(i) the availability of the person; (ii) the need for the person to attend in person;
(iii) the views of the person;
Criminal Justice Act 2003 (c. 44) Part 8 – Live links Document Generated: 2021-03-17
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(iv) the suitability of the facilities at the place where the person would take part in the proceedings in accordance with the direction;
(v) whether the person will be able to take part in the proceedings effectively if he or she takes part in accordance with the direction.]
(8) The court must state in open court its reasons for refusing an application for a direction under this section and, if it is a magistrates' court, must cause them to be entered in the register of its proceedings.
[F92(9) The following functions of a magistrates' court under this section may be discharged by a single justice—
(a) giving a live link direction under this section; (b) rescinding a live link direction before the eligible criminal proceedings
concerned begin; and (c) requiring or permitting a person to attend by live link a hearing about a matter
within paragraph (a) or (b).
(10) A court may not refuse or revoke bail for a person (P) at eligible criminal proceedings if—
(a) any person takes part in the proceedings— other than for the purpose of giving evidence — through a live audio link, and
(b) P objects to the refusal or revocation.
(11) But subsection (10) does not apply if section 4 of the Bail Act 1976 does not apply to P.
(12) A court may not deal with a person for contempt of court (including enquiring into conduct and imposing punishment) at eligible criminal proceedings in which any person takes part — other than for the purpose of giving evidence — through a live audio link.]
Textual Amendments F75 S. 51(1)-(1B) substituted for s. 51(1) (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s.
87(1), Sch. 23 para. 2(2) (with ss. 88-90) F76 Words in s. 51(2) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1),
Sch. 23 para. 2(3)(a) (with ss. 88-90) F77 S. 51(2)(b) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23
para. 2(3)(b) (with ss. 88-90) F78 Words in s. 51(2)(c) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1),
Sch. 23 para. 2(3)(c) (with ss. 88-90) F79 S. 51(2)(ca)-(cc) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch.
23 para. 2(3)(d) (with ss. 88-90) F80 Words in s. 51(2)(d) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1),
Sch. 23 para. 2(3)(e) (with ss. 88-90) F81 S. 51(2)(da) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23
para. 2(3)(f) (with ss. 88-90) F82 Words in s. 51(2)(e) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1),
Sch. 23 para. 2(3)(g) (with ss. 88-90) F83 Word in s. 51(2)(f) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch.
23 para. 2(3)(h) (with ss. 88-90) F84 S. 51(2)(fa) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23
para. 2(3)(i) (with ss. 88-90)
56 Criminal Justice Act 2003 (c. 44) Part 8 – Live links
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F85 Words in s. 51(2)(g) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 2(3)(j) (with ss. 88-90)
F86 S. 51(2)(h) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 2(3)(k) (with ss. 88-90)
F87 S. 51(4) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 2(4) (with ss. 88-90)
F88 S. 51(4A)-(4H) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 2(5) (with ss. 88-90)
F89 S. 51(5) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 2(6) (with ss. 88-90)
F90 Words in s. 51(6) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 2(7) (with ss. 88-90)
F91 S. 51(7) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 2(8) (with ss. 88-90)
F92 S. 51(9)-(12) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 2(9) (with ss. 88-90)
Commencement Information I34 S. 51 wholly in force at 26.4.2010; s. 51 not in force at Royal Assent, see s. 336(3); s. 51 in force for
certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 51 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(a) (with art. 4)
52 Effect of, and rescission of, direction
[F93(1) Subsection (2) applies where the court gives a direction under section 51 for a person to give evidence through a live link in particular proceedings.
(2) The person concerned may not give evidence in those proceedings after the direction is given otherwise than through a live link (but this is subject to the following provisions of this section).
(3) The court may rescind a direction under section 51 if it appears to the court to be in the interests of justice to do so.
(4) Where it does so, the person concerned shall cease to be able to give evidence in the proceedings through a live link, but this does not prevent the court from giving a further direction under section 51 in relation to him.
(5) A direction under section 51 may be rescinded under subsection (3)— (a) on an application by a party to the proceedings, or (b) of the court’s own motion.
(6) But an application may not be made under subsection (5)(a) unless there has been a material change of circumstances since the direction was given.
(7) The court must state in open court its reasons— (a) for rescinding a direction under section 51, or (b) for refusing an application to rescind such a direction,
and, if it is a magistrates' court, must cause them to be entered in the register of its proceedings.]
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Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
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Textual Amendments F93 S. 52 omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para.
2(10) (with ss. 88-90)
Commencement Information I35 S. 52 wholly in force at 26.4.2010; s. 52 not in force at Royal Assent, see s. 336(3); s. 52 in force for
certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 52 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(b) (with art. 4)
53 Magistrates' courts permitted to sit at other locations
(1) This section applies where— (a) a magistrates' court is minded to give a direction under section 51 for [F94a
person to take part in proceedings before the court through a live audio link or a live video link], and
(b) suitable facilities for [F95such participation] are not available at any [F96place at] which the court can (apart from subsection (2)) lawfully sit.
(2) The court may sit for the purposes of the whole or any part of the proceedings at any place at which such facilities are available and which has been [F97authorised by a direction under section 30 of the Courts Act 2003] .
[F98(3) If the place mentioned in subsection (2) is outside the local justice area in which the justices act it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting in that area.]
Textual Amendments F94 Words in s. 53(1)(a) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1),
Sch. 23 para. 3(2)(a) (with ss. 88-90) F95 Words in s. 53(1)(b) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1),
Sch. 23 para. 3(2)(b) (with ss. 88-90) F96 Words in s. 53(1)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order
2005 (S.I. 2005/886), art. 2, Sch. para. 99(a) F97 Words in s. 53(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order
2005 (S.I. 2005/886), art. 2, Sch. para. 99(b) F98 S. 53(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I.
2005/886), art. 2, Sch. para. 99(c)
[F9953A Requirement to attend court, perjury
(1) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings.
(2) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings.
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(3) Eligible criminal proceedings that are conducted— (a) wholly as audio proceedings, or (b) wholly as video proceedings,
are to be regarded as taking place at the location where the member or members of the court take part in the proceedings.
(4) A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.]
Textual Amendments F99 S. 53A inserted (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 4 (with ss.
88-90)
54 Warning to jury
(1) This section applies where, as a result of a direction under section 51, evidence has been given through [F100a live audio link or a live video link by a witness (including the defendant)] in proceedings before the Crown Court.
(2) The judge may give the jury (if there is one) such direction as he thinks necessary to ensure that the jury gives the same weight to the evidence as if it had been given by the witness in the courtroom or other place where the proceedings are held.
Textual Amendments F100 Words in s. 54(1) substituted (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23
para. 5 (with ss. 88-90)
Commencement Information I36 S. 54 wholly in force at 26.4.2010; s. 54 not in force at Royal Assent, see s. 336(3); s. 54 in force for
certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 54 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(c) (with art. 4)
55 Rules of court
(1) [F101Criminal Procedure Rules] may make such provision as appears to the [F102Criminal Procedure Rule Committee] to be necessary or expedient for the purposes of this Part.
(2) [F103Criminal Procedure Rules] may in particular make provision— (a) as to the procedure to be followed in connection with applications under
section 51 [F104or 52], and (b) as to the arrangements or safeguards to be put in place in connection with the
operation of [F105live audio links and live video links].
(3) The provision which may be made by virtue of subsection (2)(a) includes provision—
Criminal Justice Act 2003 (c. 44) Part 8 – Live links Document Generated: 2021-03-17
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(a) for [F106uncontested] applications to be determined by the court without a hearing,
(b) for preventing the renewal of an unsuccessful application under section 51 unless there has been a material change of circumstances,
(c) for the manner in which confidential or sensitive information is to be treated in connection with an application under section 51 [F107or 52] and in particular as to its being disclosed to, or withheld from, a party to the proceedings.
(4) Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make [F108Criminal Procedure Rules].
Textual Amendments F101 Words in s. 55(1) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order
2004 (S.I. 2004/2035), art. 3, Sch. para. 47(2)(a) (with art. 2(2)) F102 Words in s. 55(1) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order
2004 (S.I. 2004/2035), art. 3 {Sch. para. 47(2)(b)} (with art. 2(2)) F103 Words in s. 55(2) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order
2004 (S.I. 2004/2035), art. 3, Sch. para. 47(3) (with art. 2(2)) F104 Words in s. 55(2)(a) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1),
Sch. 23 para. 6(2)(a) (with ss. 88-90) F105 Words in s. 55(2)(b) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1),
Sch. 23 para. 6(2)(b) (with ss. 88-90) F106 Word in s. 55(3)(a) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch.
23 para. 6(3)(a) (with ss. 88-90) F107 Words in s. 55(3)(c) omitted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1),
Sch. 23 para. 6(3)(b) (with ss. 88-90) F108 Words in s. 55(4) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order
2004 (S.I. 2004/2035), art. 3, Sch. para. 47(4) (with art. 2(2))
56 Interpretation of Part 8
(1) In this Part— [F109“bail” includes remand to local authority accommodation in accordance
with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,]
[F109“eligible criminal proceedings ” has the meaning given in section 51(2),] “legal representative” means [F110a person who, for the purposes of the Legal
Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act),]
F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F112 “local justice area” has the same meaning as in the Courts Act 2003
(c. 39)], [F113“ relevant youth offending team” has the same meaning as in the Courts
Act 2003 (c. 39),] F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “witness”, in relation to any criminal proceedings, means a person called, or
proposed to be called, to give evidence in the proceedings.
[F115(2A) A reference to a person taking part in eligible criminal proceedings includes—
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(a) giving evidence in the proceedings, and (b) attending the proceedings when not giving evidence.
(2B) A “live audio link”, in relation to a person (P) taking part in eligible criminal proceedings, is a live telephone link or other arrangement which—
(a) enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
(b) enables all other persons taking part in the proceedings who are not in the same location as P to hear P.
(2C) Eligible criminal proceedings are conducted wholly as audio proceedings if— (a) directions have been given under section 51 for all of the persons taking part
in the proceedings to do so through a live audio link, and (b) all of those persons take part in the proceedings in accordance with those
directions.
(2D) A “live video link”, in relation to a person (P) taking part in eligible criminal proceedings, is a live television link or other arrangement which—
(a) enables P to see and hear all other persons taking part in the proceedings who are not in same location as P, and
(b) enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.
(2E) Eligible criminal proceedings are conducted wholly as video proceedings if— (a) directions have been given, whether under section 51 or any other power, for
all of the persons taking part in the proceedings to do so through a live video link, and
(b) all of those persons take part in the proceedings in accordance with those directions.]
(3) [F116A reference to the persons participating in eligible criminal proceedings includes—]
(a) the defendant or defendants, (b) the [F117member or members of the court] and the jury (if there is one),
[F118(ba) witnesses in the proceedings,] (c) legal representatives acting in the proceedings, and (d) any interpreter or other person appointed by the court to assist [F119in the
proceedings] .
[F120(3A) Subsections (2A) to (3) apply for the purposes of this Part.]
(4)
(4) [F121The following matters are to be disregarded for the purposes of subsections (2B) and (2D)—
(a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;
(b) the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings.]
(5) Nothing in this Part is to be regarded as affecting any power of a court—
Criminal Justice Act 2003 (c. 44) Part 9 – Prosecution appeals Document Generated: 2021-03-17
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(a) to make an order, give directions or give leave of any description in relation to any witness (including the defendant or defendants), or
(b) to exclude evidence at its discretion (whether by preventing questions being put or otherwise).
Textual Amendments F109 Words in s. 56(1) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch.
23 para. 7(2)(a) (with ss. 88-90) F110 S. 56(1): words in definition of "legal representative" substituted (1.1.2010) by Legal Services Act
2007 (c. 29), ss. 208, 211, Sch. 21 para. 146 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
F111 In s. 56(1) definition of "petty-sessional court-house" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100
F112 In s. 56(1) definition of "local justice area" substituted (1.4.2005) for definition of "petty sessions area" by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 100
F113 Words in s. 56(1) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 7(2)(b) (with ss. 88-90)
F114 In s. 56(1) definition of "rules of court" omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 48 (with art. 2(2))
F115 S. 56(2A)-(2E) substituted for s. 56(2) (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 7(3) (with ss. 88-90)
F116 Words in s. 56(3) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 7(4)(a) (with ss. 88-90)
F117 Words in s. 56(3)(b) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 7(4)(b) (with ss. 88-90)
F118 S. 56(3)(ba) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 7(4)(c) (with ss. 88-90)
F119 Words in s. 56(3)(d) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 7(4)(d) (with ss. 88-90)
F120 S. 56(3A) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 7(5) (with ss. 88-90)
F121 S. 56(4) substituted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 23 para. 7(6) (with ss. 88-90)
Commencement Information I37 S. 56 wholly in force at 26.4.2010; s. 56 not in force at Royal Assent, see s. 336(3); s. 56 in force for
certain purposes at 7.12.2007 by S.I. 2007/3451, arts. 2, 3 (with art. 4); s. 56 in force in so far as not already in force at 26.4.2010 by S.I. 2010/1183, art. 2(d) (with art. 4)
PART 9
PROSECUTION APPEALS
Introduction
57 Introduction
(1) In relation to a trial on indictment, the prosecution is to have the rights of appeal for which provision is made by this Part.
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(2) But the prosecution is to have no right of appeal under this Part in respect of— (a) a ruling that a jury be discharged, or (b) a ruling from which an appeal lies to the Court of Appeal by virtue of any
other enactment.
(3) An appeal under this Part is to lie to the Court of Appeal.
(4) Such an appeal may be brought only with the leave of the judge or the Court of Appeal.
Commencement Information I38 S. 57 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
General right of appeal in respect of rulings
58 General right of appeal in respect of rulings
(1) This section applies where a judge makes a ruling in relation to a trial on indictment at an applicable time and the ruling relates to one or more offences included in the indictment.
(2) The prosecution may appeal in respect of the ruling in accordance with this section.
(3) The ruling is to have no effect whilst the prosecution is able to take any steps under subsection (4).
(4) The prosecution may not appeal in respect of the ruling unless— (a) following the making of the ruling, it—
(i) informs the court that it intends to appeal, or (ii) requests an adjournment to consider whether to appeal, and
(b) if such an adjournment is granted, it informs the court following the adjournment that it intends to appeal.
(5) If the prosecution requests an adjournment under subsection (4)(a)(ii), the judge may grant such an adjournment.
(6) Where the ruling relates to two or more offences— (a) any one or more of those offences may be the subject of the appeal, and (b) if the prosecution informs the court in accordance with subsection (4) that it
intends to appeal, it must at the same time inform the court of the offence or offences which are the subject of the appeal.
(7) Where— (a) the ruling is a ruling that there is no case to answer, and (b) the prosecution, at the same time that it informs the court in accordance with
subsection (4) that it intends to appeal, nominates one or more other rulings which have been made by a judge in relation to the trial on indictment at an applicable time and which relate to the offence or offences which are the subject of the appeal,
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that other ruling, or those other rulings, are also to be treated as the subject of the appeal.
(8) The prosecution may not inform the court in accordance with subsection (4) that it intends to appeal, unless, at or before that time, it informs the court that it agrees that, in respect of the offence or each offence which is the subject of the appeal, the defendant in relation to that offence should be acquitted of that offence if either of the conditions mentioned in subsection (9) is fulfilled.
(9) Those conditions are— (a) that leave to appeal to the Court of Appeal is not obtained, and (b) that the appeal is abandoned before it is determined by the Court of Appeal.
(10) If the prosecution informs the court in accordance with subsection (4) that it intends to appeal, the ruling mentioned in subsection (1) is to continue to have no effect in relation to the offence or offences which are the subject of the appeal whilst the appeal is pursued.
(11) If and to the extent that a ruling has no effect in accordance with this section— (a) any consequences of the ruling are also to have no effect, (b) the judge may not take any steps in consequence of the ruling, and (c) if he does so, any such steps are also to have no effect.
(12) Where the prosecution has informed the court of its agreement under subsection (8) and either of the conditions mentioned in subsection (9) is fulfilled, the judge or the Court of Appeal must order that the defendant in relation to the offence or each offence concerned be acquitted of that offence.
(13) In this section “applicable time”, in relation to a trial on indictment, means any time (whether before or after the commencement of the trial) before the [F122time when the judge starts his] summing-up to the jury.
[F123(14) The reference in subsection (13) to the time when the judge starts his summing-up to the jury includes the time when the judge would start his summing-up to the jury but for the making of an order under Part 7.]
Textual Amendments F122 Words in s. 58(13) substituted (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28),
ss. 30(1), 60; S.I. 2006/3423, art. 2 (subject to art. 3) F123 S. 58(14) inserted (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 30(2), 60;
S.I. 2006/3423, art. 2 (subject to art. 3)
Commencement Information I39 S. 58 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
59 Expedited and non-expedited appeals
(1) Where the prosecution informs the court in accordance with section 58(4) that it intends to appeal, the judge must decide whether or not the appeal should be expedited.
(2) If the judge decides that the appeal should be expedited, he may order an adjournment.
64 Criminal Justice Act 2003 (c. 44) Part 9 – Prosecution appeals
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(3) If the judge decides that the appeal should not be expedited, he may— (a) order an adjournment, or (b) discharge the jury (if one has been sworn).
(4) If he decides that the appeal should be expedited, he or the Court of Appeal may subsequently reverse that decision and, if it is reversed, the judge may act as mentioned in subsection (3)(a) or (b).
Commencement Information I40 S. 59 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
60 Continuation of proceedings for offences not affected by ruling
(1) This section applies where the prosecution informs the court in accordance with section 58(4) that it intends to appeal.
(2) Proceedings may be continued in respect of any offence which is not the subject of the appeal.
Commencement Information I41 S. 60 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
61 Determination of appeal by Court of Appeal
(1) On an appeal under section 58, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
(2) Subsections (3) to (5) apply where the appeal relates to a single ruling.
(3) Where the Court of Appeal confirms the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
(4) Where the Court of Appeal reverses or varies the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, do any of the following—
(a) order that proceedings for that offence may be resumed in the Crown Court, (b) order that a fresh trial may take place in the Crown Court for that offence, (c) order that the defendant in relation to that offence be acquitted of that offence.
[F124(5) But the Court of Appeal may not make an order under subsection (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under subsection (4)(a) or (b).]
(6) Subsections (7) and (8) apply where the appeal relates to a ruling that there is no case to answer and one or more other rulings.
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(7) Where the Court of Appeal confirms the ruling that there is no case to answer, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
(8) Where the Court of Appeal reverses or varies the ruling that there is no case to answer, it must in respect of the offence or each offence which is the subject of the appeal, make any of the orders mentioned in subsection (4)(a) to (c) (but subject to subsection (5)).
Textual Amendments F124 S. 61(5) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 44, 153 (with
Sch. 27 para. 16); S.I. 2008/1586, art. 2(1), Sch. 1 para. 23
Commencement Information I42 S. 61 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
PROSPECTIVE
Right of appeal in respect of evidentiary rulings
62 Right of appeal in respect of evidentiary rulings
(1) The prosecution may, in accordance with this section and section 63, appeal in respect of—
(a) a single qualifying evidentiary ruling, or (b) two or more qualifying evidentiary rulings.
(2) A “qualifying evidentiary ruling” is an evidentiary ruling of a judge in relation to a trial on indictment which is made at any time (whether before or after the commencement of the trial) before the opening of the case for the defence.
(3) The prosecution may not appeal in respect of a single qualifying evidentiary ruling unless the ruling relates to one or more qualifying offences (whether or not it relates to any other offence).
(4) The prosecution may not appeal in respect of two or more qualifying evidentiary rulings unless each ruling relates to one or more qualifying offences (whether or not it relates to any other offence).
(5) If the prosecution intends to appeal under this section, it must before the opening of the case for the defence inform the court—
(a) of its intention to do so, and (b) of the ruling or rulings to which the appeal relates.
(6) In respect of the ruling, or each ruling, to which the appeal relates— (a) the qualifying offence, or at least one of the qualifying offences, to which the
ruling relates must be the subject of the appeal, and (b) any other offence to which the ruling relates may, but need not, be the subject
of the appeal.
66 Criminal Justice Act 2003 (c. 44) Part 9 – Prosecution appeals
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(7) The prosecution must, at the same time that it informs the court in accordance with subsection (5), inform the court of the offence or offences which are the subject of the appeal.
(8) For the purposes of this section, the case for the defence opens when, after the conclusion of the prosecution evidence, the earliest of the following events occurs—
(a) evidence begins to be adduced by or on behalf of a defendant, (b) it is indicated to the court that no evidence will be adduced by or on behalf
of a defendant, (c) a defendant’s case is opened, as permitted by section 2 of the Criminal
Procedure Act 1865 (c. 18).
(9) In this section— “evidentiary ruling” means a ruling which relates to the admissibility or
exclusion of any prosecution evidence, “qualifying offence” means an offence described in Part 1 of Schedule 4.
(10) The Secretary of State may by order amend that Part by doing any one or more of the following—
(a) adding a description of offence, (b) removing a description of offence for the time being included, (c) modifying a description of offence for the time being included.
(11) Nothing in this section affects the right of the prosecution to appeal in respect of an evidentiary ruling under section 58.
63 Condition that evidentiary ruling significantly weakens prosecution case
(1) Leave to appeal may not be given in relation to an appeal under section 62 unless the judge or, as the case may be, the Court of Appeal is satisfied that the relevant condition is fulfilled.
(2) In relation to an appeal in respect of a single qualifying evidentiary ruling, the relevant condition is that the ruling significantly weakens the prosecution’s case in relation to the offence or offences which are the subject of the appeal.
(3) In relation to an appeal in respect of two or more qualifying evidentiary rulings, the relevant condition is that the rulings taken together significantly weaken the prosecution’s case in relation to the offence or offences which are the subject of the appeal.
64 Expedited and non-expedited appeals
(1) Where the prosecution informs the court in accordance with section 62(5), the judge must decide whether or not the appeal should be expedited.
(2) If the judge decides that the appeal should be expedited, he may order an adjournment.
(3) If the judge decides that the appeal should not be expedited, he may— (a) order an adjournment, or (b) discharge the jury (if one has been sworn).
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(4) If he decides that the appeal should be expedited, he or the Court of Appeal may subsequently reverse that decision and, if it is reversed, the judge may act as mentioned in subsection (3)(a) or (b).
65 Continuation of proceedings for offences not affected by ruling
(1) This section applies where the prosecution informs the court in accordance with section 62(5).
(2) Proceedings may be continued in respect of any offence which is not the subject of the appeal.
66 Determination of appeal by Court of Appeal
(1) On an appeal under section 62, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
(2) In addition, the Court of Appeal must, in respect of the offence or each offence which is the subject of the appeal, do any of the following—
(a) order that proceedings for that offence be resumed in the Crown Court, (b) order that a fresh trial may take place in the Crown Court for that offence, (c) order that the defendant in relation to that offence be acquitted of that offence.
(3) But no order may be made under subsection (2)(c) in respect of an offence unless the prosecution has indicated that it does not intend to continue with the prosecution of that offence.
Miscellaneous and supplemental
67 Reversal of rulings
The Court of Appeal may not reverse a ruling on an appeal under this Part unless it is satisfied—
(a) that the ruling was wrong in law, (b) that the ruling involved an error of law or principle, or (c) that the ruling was a ruling that it was not reasonable for the judge to have
made.
Commencement Information I43 S. 67 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
68 Appeals to the House of Lords
(1) In section 33(1) of the 1968 Act (right of appeal to House of Lords) after “this Act” there is inserted “ or Part 9 of the Criminal Justice Act 2003 ”.
(2) In section 36 of the 1968 Act (bail on appeal by defendant) after “under” there is inserted “ Part 9 of the Criminal Justice Act 2003 or ”.
68 Criminal Justice Act 2003 (c. 44) Part 9 – Prosecution appeals
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(3) In this Part “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
Commencement Information I44 S. 68 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
69 Costs
(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 may be met out of central funds) after “hearings)” there is inserted “ or under Part 9 of the Criminal Justice Act 2003 ”.
(3) In section 18 (award of costs against accused) after subsection (2) there is inserted—
“(2A) Where the Court of Appeal reverses or varies a ruling on an appeal under Part 9 of the Criminal Justice Act 2003, it may make such order as to the costs to be paid by the accused, to such person as may be named in the order, as it considers just and reasonable.”
(4) In subsection (6) after “subsection (2)” there is inserted “ or (2A) ”.
Commencement Information I45 S. 69 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
70 Effect on time limits in relation to preliminary stages
(1) Section 22 of the Prosecution of Offences Act 1985 (c. 23) (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) is amended as follows.
(2) After subsection (6A) there is inserted—
“(6B) Any period during which proceedings for an offence are adjourned pending the determination of an appeal under Part 9 of the Criminal Justice Act 2003 shall be disregarded, so far as the offence is concerned, for the purposes of the overall time limit and the custody time limit which applies to the stage which the proceedings have reached when they are adjourned.”
Commencement Information I46 S. 70 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
71 Restrictions on reporting
(1) Except as provided by this section no publication shall include a report of—
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(a) anything done under section 58, 59, 62, 63 or 64, (b) an appeal under this Part, (c) an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,
or (d) an application for leave to appeal in relation to an appeal mentioned in
paragraph (b) or (c).
(2) The judge may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
(a) anything done under section 58, 59, 62, 63 or 64, or (b) an application to the judge for leave to appeal to the Court of Appeal under
this Part.
(3) The Court of Appeal may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
(a) an appeal to the Court of Appeal under this Part, (b) an application to that Court for leave to appeal to it under this Part, or (c) an application to that Court for leave to appeal to the [F125Supreme Court]
under Part 2 of the 1968 Act.
(4) The [F126Supreme Court] may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
(a) an appeal to [F127the Supreme Court] under Part 2 of the 1968 Act, or (b) an application to [F127the Supreme Court] for leave to appeal to it under Part
2 of that Act.
(5) Where there is only one defendant and he objects to the making of an order under subsection (2), (3) or (4)—
(a) the judge, the Court of Appeal or the [F128Supreme Court is] to make the order if (and only if) satisfied, after hearing the representations of the defendant, that it is in the interests of justice to do so, and
(b) the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
(6) Where there are two or more defendants and one or more of them object to the making of an order under subsection (2), (3) or (4)—
(a) the judge, the Court of Appeal or the [F128Supreme Court is] to make the order if (and only if) satisfied, after hearing the representations of each of the defendants, that it is in the interests of justice to do so, and
(b) the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
(7) Subsection (1) does not apply to the inclusion in a publication of a report of— (a) anything done under section 58, 59, 62, 63 or 64, (b) an appeal under this Part, (c) an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,
or (d) an application for leave to appeal in relation to an appeal mentioned in
paragraph (b) or (c), at the conclusion of the trial of the defendant or the last of the defendants to be tried.
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(8) Subsection (1) does not apply to a report which contains only one or more of the following matters—
(a) the identity of the court and the name of the judge, (b) the names, ages, home addresses and occupations of the defendant or
defendants and witnesses, (c) the offence or offences, or a summary of them, with which the defendant or
defendants are charged, (d) the names of counsel and solicitors in the proceedings, (e) where the proceedings are adjourned, the date and place to which they are
adjourned, (f) any arrangements as to bail,
[F129(g) whether, for the purposes of the proceedings, representation was provided to the defendant or any of the defendants under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.]
(9) The addresses that may be included in a report by virtue of subsection (8) are addresses—
(a) at any relevant time, and (b) at the time of their inclusion in the publication.
(10) Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication.
(11) In this section— “programme service” has the same meaning as in the Broadcasting Act 1990
(c. 42), “publication” includes any speech, writing, relevant programme or other
communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,
“relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred,
“relevant programme” means a programme included in a programme service.
Textual Amendments F125 Words in s. 71(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148,
Sch. 9 para. 82(3)(a); S.I. 2009/1604, art. 2(d) F126 Words in s. 71(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148,
Sch. 9 para. 82(3)(b); S.I. 2009/1604, art. 2(d) F127 Words in s. 71(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148,
Sch. 9 para. 82(3)(b); S.I. 2009/1604, art. 2(d) F128 Words in s. 71(5)(6) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148,
Sch. 9 para. 82(3)(c); S.I. 2009/1604, art. 2(d) F129 S. 71(8)(g) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 5 para. 65; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
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Commencement Information I47 S. 71 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
72 Offences in connection with reporting
(1) This section applies if a publication includes a report in contravention of section 71.
(2) Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
(3) Where the publication is a relevant programme— (a) any body corporate or Scottish partnership engaged in providing the
programme service in which the programme is included, and (b) any person having functions in relation to the programme corresponding to
those of an editor of a newspaper, is guilty of an offence.
(4) In the case of any other publication, any person publishing it is guilty of an offence.
(5) If an offence under this section committed by a body corporate is proved— (a) to have been committed with the consent or connivance of, or (b) to be attributable to any neglect on the part of,
an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(6) In subsection (5), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(7) If the affairs of a body corporate are managed by its members, “director” in subsection (6) means a member of that body.
(8) Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(9) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10) Proceedings for an offence under this section may not be instituted— (a) in England and Wales otherwise than by or with the consent of the Attorney
General, or (b) in Northern Ireland otherwise than by or with the consent of—
(i) before the relevant date, the Attorney General for Northern Ireland, or (ii) on or after the relevant date, the Director of Public Prosecutions for
Northern Ireland.
(11) In subsection (10) “the relevant date” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.
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Commencement Information I48 S. 72 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
73 Rules of court
(1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
(2) Without limiting subsection (1), rules of court may in particular make provision— (a) for time limits which are to apply in connection with any provisions of this
Part, (b) as to procedures to be applied in connection with this Part, (c) enabling a single judge of the Court of Appeal to give leave to appeal under
this Part or to exercise the power of the Court of Appeal under section 58(12).
(3) Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.
74 Interpretation of Part 9
(1) In this Part— “programme service” has the meaning given by section 71(11), “publication” has the meaning given by section 71(11), “qualifying evidentiary ruling” is to be construed in accordance with
section 62(2), “the relevant condition” is to be construed in accordance with section 63(2)
and (3), “relevant programme” has the meaning given by section 71(11), “ruling” includes a decision, determination, direction, finding, notice, order,
refusal, rejection or requirement, “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
(2) Any reference in this Part (other than section 73(2)(c)) to a judge is a reference to a judge of the Crown Court.
(3) There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either section 58(4) or 62(5).
(4) Where a ruling relates to two or more offences but not all of those offences are the subject of an appeal under this Part, nothing in this Part is to be regarded as affecting the ruling so far as it relates to any offence which is not the subject of the appeal.
(5) Where two or more defendants are charged jointly with the same offence, the provisions of this Part are to apply as if the offence, so far as relating to each defendant, were a separate offence (so that, for example, any reference in this Part to a ruling which relates to one or more offences includes a ruling which relates to one or more of those separate offences).
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(6) Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
(a) the jurisdiction of the Court of Appeal under this Part is to be exercised by the criminal division of that court, and
(b) references in this Part to the Court of Appeal are to be construed as references to that division.
[F130(7) In its application to a trial on indictment in respect of which an order under section 17(2) of the Domestic Violence, Crime and Victims Act 2004 has been made, this Part is to have effect with such modifications as the Secretary of State may by order specify.]
Textual Amendments F130 S. 74(7) inserted (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60,
Sch. 10 para. 62; S.I. 2006/3423, art. 2 (subject to art. 3)
Commencement Information I49 S. 74 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to
art. 2(2), Sch. 2)
PART 10
RETRIAL FOR SERIOUS OFFENCES
Cases that may be retried
75 Cases that may be retried
(1) This Part applies where a person has been acquitted of a qualifying offence in proceedings—
(a) on indictment in England and Wales, (b) on appeal against a conviction, verdict or finding in proceedings on indictment
in England and Wales, or (c) on appeal from a decision on such an appeal.
(2) A person acquitted of an offence in proceedings mentioned in subsection (1) is treated for the purposes of that subsection as also acquitted of any qualifying offence of which he could have been convicted in the proceedings because of the first-mentioned offence being charged in the indictment, except an offence—
(a) of which he has been convicted, (b) of which he has been found not guilty by reason of insanity, or (c) in respect of which, in proceedings where he has been found to be under a
disability (as defined by section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84)), a finding has been made that he did the act or made the omission charged against him.
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(3) References in subsections (1) and (2) to a qualifying offence do not include references to an offence which, at the time of the acquittal, was the subject of an order under section 77(1) or (3).
(4) This Part also applies where a person has been acquitted, in proceedings elsewhere than in the United Kingdom, of an offence under the law of the place where the proceedings were held, if the commission of the offence as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of a qualifying offence.
(5) Conduct punishable under the law in force elsewhere than in the United Kingdom is an offence under that law for the purposes of subsection (4), however it is described in that law.
(6) This Part applies whether the acquittal was before or after the passing of this Act.
(7) References in this Part to acquittal are to acquittal in circumstances within subsection (1) or (4).
(8) In this Part “qualifying offence” means an offence listed in Part 1 of Schedule 5.
Commencement Information I50 S. 75 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
Application for retrial
76 Application to Court of Appeal
(1) A prosecutor may apply to the Court of Appeal for an order— (a) quashing a person’s acquittal in proceedings within section 75(1), and (b) ordering him to be retried for the qualifying offence.
(2) A prosecutor may apply to the Court of Appeal, in the case of a person acquitted elsewhere than in the United Kingdom, for—
(a) a determination whether the acquittal is a bar to the person being tried in England and Wales for the qualifying offence, and
(b) if it is, an order that the acquittal is not to be a bar.
(3) A prosecutor may make an application under subsection (1) or (2) only with the written consent of the Director of Public Prosecutions.
(4) The Director of Public Prosecutions may give his consent only if satisfied that— (a) there is evidence as respects which the requirements of section 78 appear to
be met, (b) it is in the public interest for the application to proceed, and (c) any trial pursuant to an order on the application would not be inconsistent with
obligations of the United Kingdom under [F131Article 31 or 34 of the Treaty on European Union (as it had effect before 1 December 2009) or Article 82, 83 or 85 of the Treaty on the Functioning of the European Union] relating to the principle of ne bis in idem.
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(5) Not more than one application may be made under subsection (1) or (2) in relation to an acquittal.
Textual Amendments F131 Words in s. 76(4)(c) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or
Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
Commencement Information I51 S. 76 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
77 Determination by Court of Appeal
(1) On an application under section 76(1), the Court of Appeal— (a) if satisfied that the requirements of sections 78 and 79 are met, must make
the order applied for; (b) otherwise, must dismiss the application.
(2) Subsections (3) and (4) apply to an application under section 76(2).
(3) Where the Court of Appeal determines that the acquittal is a bar to the person being tried for the qualifying offence, the court—
(a) if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
(b) otherwise, must make a declaration to the effect that the acquittal is a bar to the person being tried for the offence.
(4) Where the Court of Appeal determines that the acquittal is not a bar to the person being tried for the qualifying offence, it must make a declaration to that effect.
Commencement Information I52 S. 77 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
78 New and compelling evidence
(1) The requirements of this section are met if there is new and compelling evidence against the acquitted person in relation to the qualifying offence.
(2) Evidence is new if it was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related).
(3) Evidence is compelling if— (a) it is reliable, (b) it is substantial, and (c) in the context of the outstanding issues, it appears highly probative of the case
against the acquitted person.
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(4) The outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related.
(5) For the purposes of this section, it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person.
Commencement Information I53 S. 78 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
79 Interests of justice
(1) The requirements of this section are met if in all the circumstances it is in the interests of justice for the court to make the order under section 77.
(2) That question is to be determined having regard in particular to— (a) whether existing circumstances make a fair trial unlikely; (b) for the purposes of that question and otherwise, the length of time since the
qualifying offence was allegedly committed; (c) whether it is likely that the new evidence would have been adduced in the
earlier proceedings against the acquitted person but for a failure by an officer or by a prosecutor to act with due diligence or expedition;
(d) whether, since those proceedings or, if later, since the commencement of this Part, any officer or prosecutor has failed to act with due diligence or expedition.
(3) In subsection (2) references to an officer or prosecutor include references to a person charged with corresponding duties under the law in force elsewhere than in England and Wales.
(4) Where the earlier prosecution was conducted by a person other than a prosecutor, subsection (2)(c) applies in relation to that person as well as in relation to a prosecutor.
Commencement Information I54 S. 79 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
80 Procedure and evidence
(1) A prosecutor who wishes to make an application under section 76(1) or (2) must give notice of the application to the Court of Appeal.
(2) Within two days beginning with the day on which any such notice is given, notice of the application must be served by the prosecutor on the person to whom the application relates, charging him with the offence to which it relates or, if he has been charged with it in accordance with section 87(4), stating that he has been so charged.
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(3) Subsection (2) applies whether the person to whom the application relates is in the United Kingdom or elsewhere, but the Court of Appeal may, on application by the prosecutor, extend the time for service under that subsection if it considers it necessary to do so because of that person’s absence from the United Kingdom.
(4) The Court of Appeal must consider the application at a hearing.
(5) The person to whom the application relates— (a) is entitled to be present at the hearing, although he may be in custody, unless
he is in custody elsewhere than in England and Wales or Northern Ireland, and (b) is entitled to be represented at the hearing, whether he is present or not.
(6) For the purposes of the application, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—
(a) order the production of any document, exhibit or other thing, the production of which appears to the court to be necessary for the determination of the application, and
(b) order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the court.
(7) The Court of Appeal may at one hearing consider more than one application (whether or not relating to the same person), but only if the offences concerned could be tried on the same indictment.
Commencement Information I55 S. 80 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
81 Appeals
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2) In section 33 (right of appeal to [F132Supreme Court]), after subsection (1A) there is inserted—
“(1B) An appeal lies to the [F132Supreme Court] , at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice Act 2003 (retrial for serious offences).”
(3) At the end of that section there is inserted—
“(4) In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.”
(4) In section 34(2) (extension of time for leave to appeal), after “defendant” there is inserted “ or, in the case of an appeal under section 33(1B), by the prosecutor ”.
(5) In section 38 (presence of defendant at hearing), for “has been convicted of an offence and” substitute “ has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who ”.
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Textual Amendments F132 Words in s. 81(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148,
Sch. 9 para. 82(4); S.I. 2009/1604, art. 2(d)
Commencement Information I56 S. 81 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
82 Restrictions on publication in the interests of justice
(1) Where it appears to the Court of Appeal that the inclusion of any matter in a publication would give rise to a substantial risk of prejudice to the administration of justice in a retrial, the court may order that the matter is not to be included in any publication while the order has effect.
(2) In subsection (1) “retrial” means the trial of an acquitted person for a qualifying offence pursuant to any order made or that may be made under section 77.
(3) The court may make an order under this section only if it appears to it necessary in the interests of justice to do so.
(4) An order under this section may apply to a matter which has been included in a publication published before the order takes effect, but such an order—
(a) applies only to the later inclusion of the matter in a publication (whether directly or by inclusion of the earlier publication), and
(b) does not otherwise affect the earlier publication.
(5) After notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence, the court may make an order under this section only—
(a) of its own motion, or (b) on the application of the Director of Public Prosecutions.
(6) Before such notice has been given, an order under this section— (a) may be made only on the application of the Director of Public Prosecutions,
and (b) may not be made unless, since the acquittal concerned, an investigation of
the commission by the acquitted person of the qualifying offence has been commenced by officers.
(7) The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section.
(8) Any order made under this section before notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence must specify the time when it ceases to have effect.
(9) An order under this section which is made or has effect after such notice has been given ceases to have effect, unless it specifies an earlier time—
(a) when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on the application, or
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(b) if he is tried pursuant to such an order, at the conclusion of the trial.
(10) Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication or any power, under an enactment or otherwise, to impose such a prohibition or restriction.
(11) In this section— “programme service” has the same meaning as in the Broadcasting Act 1990
(c. 42), “publication” includes any speech, writing, relevant programme or other
communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,
“relevant programme” means a programme included in a programme service.
Commencement Information I57 S. 82 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
83 Offences in connection with publication restrictions
(1) This section applies if— (a) an order under section 82 is made, whether in England and Wales or Northern
Ireland, and (b) while the order has effect, any matter is included in a publication, in any part
of the United Kingdom, in contravention of the order.
(2) Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
(3) Where the publication is a relevant programme— (a) any body corporate or Scottish partnership engaged in providing the
programme service in which the programme is included, and (b) any person having functions in relation to the programme corresponding to
those of an editor of a newspaper, is guilty of an offence.
(4) In the case of any other publication, any person publishing it is guilty of an offence.
(5) If an offence under this section committed by a body corporate is proved— (a) to have been committed with the consent or connivance of, or (b) to be attributable to any neglect on the part of,
an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(6) In subsection (5), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
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(7) If the affairs of a body corporate are managed by its members, “director” in subsection (6) means a member of that body.
(8) Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(9) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10) Proceedings for an offence under this section may not be instituted— (a) in England and Wales otherwise than by or with the consent of the Attorney
General, or (b) in Northern Ireland otherwise than by or with the consent of—
(i) before the relevant date, the Attorney General for Northern Ireland, or (ii) on or after the relevant date, the Director of Public Prosecutions for
Northern Ireland.
(11) In subsection (10) “the relevant date” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.
Commencement Information I58 S. 83 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
Retrial
84 Retrial
(1) Where a person— (a) is tried pursuant to an order under section 77(1), or (b) is tried on indictment pursuant to an order under section 77(3),
the trial must be on an indictment preferred by direction of the Court of Appeal.
(2) After the end of 2 months after the date of the order, the person may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal gives leave.
(3) The Court of Appeal must not give leave unless satisfied that— (a) the prosecutor has acted with due expedition, and (b) there is a good and sufficient cause for trial despite the lapse of time since the
order under section 77.
(4) Where the person may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order and—
(a) for any direction required for restoring an earlier judgment and verdict of acquittal of the qualifying offence, or
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(b) in the case of a person acquitted elsewhere than in the United Kingdom, for a declaration to the effect that the acquittal is a bar to his being tried for the qualifying offence.
(5) An indictment under subsection (1) may relate to more than one offence, or more than one person, and may relate to an offence which, or a person who, is not the subject of an order or declaration under section 77.
(6) Evidence given at a trial pursuant to an order under section 77(1) or (3) must be given orally if it was given orally at the original trial, unless—
(a) all the parties to the trial agree otherwise, (b) section 116 applies, or (c) the witness is unavailable to give evidence, otherwise than as mentioned in
subsection (2) of that section, and section 114(1)(d) applies.
(7) At a trial pursuant to an order under section 77(1), paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (use of depositions) does not apply to a deposition read as evidence at the original trial.
Commencement Information I59 S. 84 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
Investigations
85 Authorisation of investigations
(1) This section applies to the investigation of the commission of a qualifying offence by a person—
(a) acquitted in proceedings within section 75(1) of the qualifying offence, or (b) acquitted elsewhere than in the United Kingdom of an offence the commission
of which as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of the qualifying offence.
(2) Subject to section 86, an officer may not do anything within subsection (3) for the purposes of such an investigation unless the Director of Public Prosecutions—
(a) has certified that in his opinion the acquittal would not be a bar to the trial of the acquitted person in England and Wales for the qualifying offence, or
(b) has given his written consent to the investigation (whether before or after the start of the investigation).
(3) The officer may not, either with or without the consent of the acquitted person— (a) arrest or question him, (b) search him or premises owned or occupied by him, (c) search a vehicle owned by him or anything in or on such a vehicle, (d) seize anything in his possession, or (e) take his fingerprints or take a sample from him.
(4) The Director of Public Prosecutions may only give his consent on a written application, and such an application may be made only by an officer who—
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(a) if he is an officer of the metropolitan police force or the City of London police force, is of the rank of commander or above, or
(b) in any other case, is of the rank of assistant chief constable or above.
(5) An officer may make an application under subsection (4) only if— (a) he is satisfied that new evidence has been obtained which would be relevant
to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
(b) he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.
(6) The Director of Public Prosecutions may not give his consent unless satisfied that— (a) there is, or there is likely as a result of the investigation to be, sufficient new
evidence to warrant the conduct of the investigation, and (b) it is in the public interest for the investigation to proceed.
(7) In giving his consent, the Director of Public Prosecutions may recommend that the investigation be conducted otherwise than by officers of a specified police force or specified team of customs and excise officers.
Commencement Information I60 S. 85 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
86 Urgent investigative steps
(1) Section 85 does not prevent an officer from taking any action for the purposes of an investigation if—
(a) the action is necessary as a matter of urgency to prevent the investigation being substantially and irrevocably prejudiced,
(b) the requirements of subsection (2) are met, and (c) either—
(i) the action is authorised under subsection (3), or (ii) the requirements of subsection (5) are met.
(2) The requirements of this subsection are met if— (a) there has been no undue delay in applying for consent under section 85(2), (b) that consent has not been refused, and (c) taking into account the urgency of the situation, it is not reasonably practicable
to obtain that consent before taking the action.
(3) An officer of the rank of superintendent or above may authorise the action if— (a) he is satisfied that new evidence has been obtained which would be relevant
to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
(b) he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.
(4) An authorisation under subsection (3) must— (a) if reasonably practicable, be given in writing;
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(b) otherwise, be recorded in writing by the officer giving it as soon as is reasonably practicable.
(5) The requirements of this subsection are met if— (a) there has been no undue delay in applying for authorisation under
subsection (3), (b) that authorisation has not been refused, and (c) taking into account the urgency of the situation, it is not reasonably practicable
to obtain that authorisation before taking the action.
(6) Where the requirements of subsection (5) are met, the action is nevertheless to be treated as having been unlawful unless, as soon as reasonably practicable after the action is taken, an officer of the rank of superintendent or above certifies in writing that he is satisfied that, when the action was taken—
(a) new evidence had been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
(b) the officer who took the action had reasonable grounds for believing that such new evidence was likely to be obtained as a result of the investigation.
Commencement Information I61 S. 86 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
[F13386A Application of sections 85 and 86 to investigations by the Police Ombudsman
(1) Sections 85 and 86 apply in relation to an investigation by an officer of the Police Ombudsman for Northern Ireland with the following modifications.
(2) References in sections 85(2) and (3) and 86(1) to an officer shall be read as references to an officer of the Ombudsman.
(3) Section 85(4) has effect as if for the words from “an officer who” to the end there were substituted the Ombudsman.
(4) Section 85(5) has effect as if for “An officer” there were substituted The Ombudsman.
(4) Section 85(7) does not apply.
(6) Section 86(3) has effect as if for “An officer of the rank of superintendent or above” there were substituted A senior officer of the Ombudsman.
(7) Section 86(6) has effect as if for “an officer of the rank of superintendent or above” there were substituted a senior officer of the Ombudsman.
(8) References to a senior officer of the Ombudsman are to an officer of the rank of senior investigating officer or above.]
Textual Amendments F133 S. 86A inserted (N.I.) (21.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland)
Order 2007 (S.I. 2007/912 (N.I. 6)), art. 11(1)
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Arrest, custody and bail
87 Arrest and charge
(1) Where section 85 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—
(a) a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the commission by that person of that offence, and
(b) that person may not be arrested for that offence except under a warrant so issued.
(2) Subsection (1) does not affect section 89(3)(b) or 91(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.
(3) Part 4 of the 1984 Act (detention) applies as follows where a person— (a) is arrested for an offence under a warrant issued in accordance with
subsection (1)(a), or (b) having been so arrested, is subsequently treated under section 34(7) of that
Act as arrested for that offence.
(4) For the purposes of that Part there is sufficient evidence to charge the person with the offence for which he has been arrested if, and only if, an officer of the rank of superintendent or above (who has not been directly involved in the investigation) is of the opinion that the evidence available or known to him is sufficient for the case to be referred to a prosecutor to consider whether consent should be sought for an application in respect of that person under section 76.
(5) For the purposes of that Part it is the duty of the custody officer at each police station where the person is detained to make available or known to an officer at that police station of the rank of superintendent or above any evidence which it appears to him may be relevant to an application under section 76(1) or (2) in respect of the offence for which the person has been arrested, and to do so as soon as practicable—
(a) after the evidence becomes available or known to him, or (b) if later, after he forms that view.
(6) Section 37 of that Act (including any provision of that section as applied by section 40(8) of that Act) has effect subject to the following modifications—
(a) in subsection (1)— (i) for “determine whether he has before him” there is substituted “
request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 87(4) of the Criminal Justice Act 2003, whether there is ”;
(ii) for “him to do so” there is substituted “ that determination to be made ”;
(b) in subsection (2)— (i) for the words from “custody officer determines” to “before him” there
is substituted “ officer determines that there is not such sufficient evidence ”;
(ii) the word “custody” is omitted from the second place where it occurs;
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(c) in subsection (3)— (i) the word “custody” is omitted;
(ii) after “may” there is inserted “ direct the custody officer to ”; (d) in subsection (7) for the words from “the custody officer” to the end of that
subsection there is substituted “ an officer of the rank of superintendent or above (who has not been directly involved in the investigation) determines, in accordance with section 87(4) of the Criminal Justice Act 2003, that there is sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be charged. ”;
(e) subsections (7A), (7B) and (8) do not apply; (f) after subsection (10) there is inserted—
“(10A) The officer who is requested by the custody officer to make a determination under subsection (1) above shall make that determination as soon as practicable after the request is made.”.
(7) Section 40 of that Act has effect as if in subsections (8) and (9) of that section after “(6)” there were inserted “ and (10A) ”.
(8) Section 42 of that Act has effect as if in subsection (1) of that section for the words from “who” to “detained” there were substituted “ (who has not been directly involved in the investigation) ”.
Commencement Information I62 S. 87 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
88 Bail and custody before application
(1) In relation to a person charged in accordance with section 87(4)— (a) section 38 of the 1984 Act (including any provision of that section as applied
by section 40(10) of that Act) has effect as if, in subsection (1), for “either on bail or without bail” there were substituted “ on bail ”,
(b) section 47(3) of that Act does not apply and references in section 38 of that Act to bail are references to bail subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint, and
(c) section 43B of the Magistrates' Courts Act 1980 (c. 43) does not apply.
(2) Where such a person is, after being charged— (a) kept in police detention, or (b) detained by a local authority in pursuance of arrangements made under
section 38(6) of the 1984 Act, he must be brought before the Crown Court as soon as practicable and, in any event, not more than 24 hours after he is charged, and section 46 of the 1984 Act does not apply.
(3) For the purpose of calculating the period referred to in subsection (1) or (2), the following are to be disregarded—
[F134(za) Saturday,]
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(a) Sunday, (b) Christmas Day, (c) Good Friday, and (d) any day which is a bank holiday under the Banking and Financial Dealings
Act 1971 (c. 80) in the part of the United Kingdom where the person is to appear before the Crown Court as mentioned in subsection (1) or, where subsection (2) applies, is for the time being detained.
(4) Where a person appears or is brought before the Crown Court in accordance with subsection (1) or (2), the Crown Court may either—
(a) grant bail for the person to appear, if notice of an application is served on him under section 80(2), before the Court of Appeal at the hearing of that application, or
(b) remand the person in custody to be brought before the Crown Court under section 89(2).
(5) If the Crown Court grants bail under subsection (4), it may revoke bail and remand the person in custody as referred to in subsection (4)(b).
(6) In subsection (7) the “relevant period”, in relation to a person granted bail or remanded in custody under subsection (4), means—
(a) the period of 42 days beginning with the day on which he is granted bail or remanded in custody under that subsection, or
(b) that period as extended or further extended under subsection (8).
(7) If at the end of the relevant period no notice of an application under section 76(1) or (2) in relation to the person has been given under section 80(1), the person—
(a) if on bail subject to a duty to appear as mentioned in subsection (4)(a), ceases to be subject to that duty and to any conditions of that bail, and
(b) if in custody on remand under subsection (4)(b) or (5), must be released immediately without bail.
(8) The Crown Court may, on the application of a prosecutor, extend or further extend the period mentioned in subsection (6)(a) until a specified date, but only if satisfied that—
(a) the need for the extension is due to some good and sufficient cause, and (b) the prosecutor has acted with all due diligence and expedition.
Textual Amendments F134 S. 88(3)(za) inserted (15.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153(7),
Sch. 26 para. 63; S.I. 2008/1586, art. 2(2)
Commencement Information I63 S. 88 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
89 Bail and custody before hearing
(1) This section applies where notice of an application is given under section 80(1).
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(2) If the person to whom the application relates is in custody under section 88(4)(b) or (5), he must be brought before the Crown Court as soon as practicable and, in any event, within 48 hours after the notice is given.
(3) If that person is not in custody under section 88(4)(b) or (5), the Crown Court may, on application by the prosecutor—
(a) issue a summons requiring the person to appear before the Court of Appeal at the hearing of the application, or
(b) issue a warrant for the person’s arrest, and a warrant under paragraph (b) may be issued at any time even though a summons has previously been issued.
(4) Where a summons is issued under subsection (3)(a), the time and place at which the person must appear may be specified either—
(a) in the summons, or (b) in a subsequent direction of the Crown Court.
(5) The time or place specified may be varied from time to time by a direction of the Crown Court.
(6) A person arrested under a warrant under subsection (3)(b) must be brought before the Crown Court as soon as practicable and in any event within 48 hours after his arrest, and section 81(5) of the Supreme Court Act 1981 (c. 54) does not apply.
(7) If a person is brought before the Crown Court under subsection (2) or (6) the court must either—
(a) remand him in custody to be brought before the Court of Appeal at the hearing of the application, or
(b) grant bail for him to appear before the Court of Appeal at the hearing.
(8) If bail is granted under subsection (7)(b), the Crown Court may revoke the bail and remand the person in custody as referred to in subsection (7)(a).
(9) For the purpose of calculating the period referred to in subsection (2) or (6), the following are to be disregarded—
[F135(za) Saturday,] (a) Sunday, (b) Christmas Day, (c) Good Friday, and (d) any day which is a bank holiday under the Banking and Financial Dealings
Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.
Textual Amendments F135 S. 89(9)(za) inserted (15.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153(7),
Sch. 26 para. 63; S.I. 2008/1586, art. 2(2)
Commencement Information I64 S. 89 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
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90 Bail and custody during and after hearing
(1) The Court of Appeal may, at any adjournment of the hearing of an application under section 76(1) or (2)—
(a) remand the person to whom the application relates on bail, or (b) remand him in custody.
(2) At a hearing at which the Court of Appeal— (a) makes an order under section 77, (b) makes a declaration under subsection (4) of that section, or (c) dismisses the application or makes a declaration under subsection (3) of that
section, if it also gives the prosecutor leave to appeal against its decision or the prosecutor gives notice that he intends to apply for such leave,
the court may make such order as it sees fit for the custody or bail of the acquitted person pending trial pursuant to the order or declaration, or pending determination of the appeal.
(3) For the purpose of subsection (2), the determination of an appeal is pending— (a) until any application for leave to appeal is disposed of, or the time within
which it must be made expires; (b) if leave to appeal is granted, until the appeal is disposed of.
(4) Section 4 of the Bail Act 1976 (c. 63) applies in relation to the grant of bail under this section as if in subsection (2) the reference to the Crown Court included a reference to the Court of Appeal.
(5) The court may at any time, as it sees fit— (a) revoke bail granted under this section and remand the person in custody, or (b) vary an order under subsection (2).
Commencement Information I65 S. 90 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
91 Revocation of bail
(1) Where— (a) a court revokes a person’s bail under this Part, and (b) that person is not before the court when his bail is revoked,
the court must order him to surrender himself forthwith to the custody of the court.
(2) Where a person surrenders himself into the custody of the court in compliance with an order under subsection (1), the court must remand him in custody.
(3) A person who has been ordered to surrender to custody under subsection (1) may be arrested without a warrant by an officer if he fails without reasonable cause to surrender to custody in accordance with the order.
(4) A person arrested under subsection (3) must be brought as soon as practicable, and, in any event, not more than 24 hours after he is arrested, before the court and the court must remand him in custody.
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(5) For the purpose of calculating the period referred to in subsection (4), the following are to be disregarded—
[F136(za) Saturday,] (a) Sunday, (b) Christmas Day, (c) Good Friday, (d) any day which is a bank holiday under the Banking and Financial Dealings
Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.
Textual Amendments F136 S. 91(5)(za) inserted (15.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153(7),
Sch. 26 para. 63; S.I. 2008/1586, art. 2(2)
Commencement Information I66 S. 91 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
Part 10: supplementary
92 Functions of the DPP
(1) Section 1(7) of the Prosecution of Offences Act 1985 (c. 23) (DPP’s functions exercisable by Crown Prosecutor) does not apply to the provisions of this Part other than section 85(2)(a).
(2) In the absence of the Director of Public Prosecutions, his functions under those provisions may be exercised by a person authorised by him.
(3) An authorisation under subsection (2)— (a) may relate to a specified person or to persons of a specified description, and (b) may be general or relate to a specified function or specified circumstances.
Commencement Information I67 S. 92 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
93 Rules of court
(1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
(2) Without limiting subsection (1), rules of court may in particular make provision as to procedures to be applied in connection with sections 76 to 82, 84 and 88 to 90.
(3) Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make rules of court.
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94 Armed Forces: Part 10
[F137(1) Section 323 of the Armed Forces Act 2006 (provision in consequence of criminal justice enactments) applies in relation to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of section 324 of that Act as it applies in relation to a criminal justice enactment (within the meaning given by that section).]
(2) The power under [F138section 323 of that Act] to make provision equivalent to that made in relation to qualifying offences by an enactment contained in this Part (with or without modifications) includes power to make such provision in relation to such service offences as the Secretary of State thinks fit.
[F139(3) In subsection (2) “service offence” has the same meaning as in the Armed Forces Act 2006.]
Textual Amendments F137 S. 94(1) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 214(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F138 Words in s. 94(2) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 214(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F139 S. 94(3) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 214(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I68 S. 94 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
95 Interpretation of Part 10
(1) In this Part— “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60), “acquittal” and related expressions are to be read in accordance with
section 75(7), “customs and excise officer” means an officer as defined by section 1(1) of
the Customs and Excise Management Act 1979 (c. 2), or a person to whom section 8(2) of that Act applies,
“new evidence” is to be read in accordance with section 78(2), “officer”, except in section 83, means an officer of a police force or a customs
and excise officer, “police force” has the meaning given by section 3(3) of the Prosecution of
Offences Act 1985 (c. 23), “prosecutor” means an individual or body charged with duties to conduct
criminal prosecutions, “qualifying offence” has the meaning given by section 75(8).
(2) Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
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(a) the jurisdiction of the Court of Appeal under this Part is to be exercised by the criminal division of that court, and
(b) references in this Part to the Court of Appeal are to be construed as references to that division.
(3) References in this Part to an officer of a specified rank or above are, in the case of a customs and excise officer, references to an officer of such description as—
(a) appears to the Commissioners of Customs and Excise to comprise officers of equivalent rank or above, and
(b) is specified by the Commissioners for the purposes of the provision concerned.
Commencement Information I69 S. 95 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to
art. 2(2), Sch. 2)
96 Application of Part 10 to Northern Ireland
(1) In its application to Northern Ireland this Part is to have effect subject to the modifications in this section.
(2) In sections 75(1)(a) and (b), 76(2)(a), 79(3) and 85(2)(a) for “England and Wales” substitute “ Northern Ireland ”.
(3) For section 75(2)(c) substitute— “(c) in respect of which, in proceedings where he has been found to be
unfit to be tried in accordance with Article 49 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a finding has been made that he did the act or made the omission charged against him.”
(4) In section 75(8) for “Part 1” substitute “ Part 2 ”.
(5) In section 81(1) for “Criminal Appeal Act 1968 (c. 19)” substitute “ Criminal Appeal (Northern Ireland) Act 1980 (c. 47) ”.
(6) In section 81(2)— (a) for “33” substitute “ 31 ”, and (b) for “An” substitute “ Subject to the provisions of this Part of this Act, an ”.
(7) In section 81(4)— (a) for “34(2)” substitute “ 32(2) ”, and (b) for “33(1B)” substitute “ 31(1B) ”.
(8) In section 82(10) after “enactment” in each place insert “ (including any provision of Northern Ireland legislation) ”.
(9) In section 84(1) and (2) for “preferred” substitute “ presented ”.
(10) Section 84(6) has effect— (a) as if any reference to a provision of Part 11 were a reference to
any corresponding provision contained in an Order in Council to which
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section 334(1) applies, at any time when such corresponding provision is in force;
(b) at any other time, with the omission of paragraphs (b) and (c).
(11) After section 84(6) insert—
“(6A) Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a person who is to be tried in accordance with subsection (1) as if—
(a) he had been returned for trial for the offence in question, and (b) the reference in paragraph (2)(a) of that Article to a magistrates' court
included a reference to the Court of Appeal.”
(12) In section 87— (a) in subsection (3), for “Part 4 of the 1984 Act” substitute “ Part 5 of the Police
and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) (“the 1989 Order”) ”,
(b) in paragraph (b) of that subsection, for “section 34(7) of that Act” substitute “ Article 35(8) of that Order ”,
(c) in subsection (6)— (i) for the words from the beginning to “40(8) of that Act)” substitute
“ Article 38 of that Order (including any provision of that Article as applied by Article 41(8) of that Order) ”,
(ii) for “subsection” in each place substitute “paragraph , (iii) in paragraph (e), for “subsections (7A), (7B) and (8)” substitute “
paragraph (8) ”, and (iv) in paragraph (f), in the inserted paragraph (10A) omit “above”,
(d) for subsection (7) substitute—
“(7) Article 41 of that Order has effect as if in paragraphs (8) and (9) of that Article after “(6)” there were inserted “and (10A).”,
(e) in subsection (8)— (i) for “Section 42 of that Act” substitute “ Article 43 of that Order ”, and
(ii) for “subsection (1) of that section” substitute “ paragraph (1) of that Article ”.
(13) For section 88(1) substitute—
“(1) In relation to a person charged in accordance with section 87(4)— (a) Article 39 of the 1989 Order (including any provision of that
Article as applied by Article 41(10) of that Order) has effect as if, in paragraph (1), for “either on bail or without bail” there were substituted “ on bail ”,
(b) Article 48 of that Order has effect as if for paragraphs (1) to (11) there were substituted—
“(1) A person who is released on bail shall be subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint.
(2) The custody officer may require a person who is to be released on bail to enter into a recognisance conditioned
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upon his subsequent appearance before the Crown Court in accordance with paragraph (1).
(3) A recognisance under paragraph (2) may be taken before the custody officer.”, and
(c) Article 132A of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) does not apply.”
(14) In section 88(2)— (a) for paragraph (b) substitute—
“(b) detained in a place of safety in pursuance of arrangements made under Article 39(6) of the 1989 Order,”, and
(b) for “section 46 of the 1984 Act” substitute “ Article 47 of the 1989 Order ”.
(15) In section 89(6) for “section 81(5) of the Supreme Court Act 1981 (c. 54)” substitute “ section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23) ”.
(16) For section 90(4) substitute—
“(4) The court may at any time, as it sees fit, vary the conditions of bail granted under this section.”
(17) In section 92(1) for the words from the beginning to “does” substitute “ Sections 30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do ”.
(18) Until the coming into force of section 36 of that Act of 2002 the reference to that section in subsection (17) is to be read as a reference to Article 4(8) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)).
(19) In section 93(2) for “the Criminal Appeal Rules and the Crown Court Rules” substitute “ rules under section 55 of the Judicature (Northern Ireland) Act 1978 and Crown Court Rules ”.
(20) In section 93(3) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.
(21) In section 95(1) for the definition of “police force” substitute—
““police force” means— (a) the Police Service of Northern Ireland or the Police Service of
Northern Ireland Reserve, (b) the Ministry of Defence Police, (c) any body of constables appointed under Article 19 of the Airports
(Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)), or (d) any body of special constables appointed in Northern Ireland under
section 79 of the Harbours, Docks and Piers Clauses Act 1847 (c. 27) or section 57 of the Civil Aviation Act 1982 (c. 16),”.
(22) Omit section 95(2).
97 Application of Criminal Appeal Acts to proceedings under Part 10
[F140(1)] Subject to the provisions of this Part, the Secretary of State may make an order containing provision, in relation to proceedings [F141in England and Wales] before the Court of Appeal under this Part, which corresponds to any provision, in relation to
94 Criminal Justice Act 2003 (c. 44) Part 11 – Evidence
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appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (c. 19)F142. . . (subject to any specified modifications).
[F143(2) Subject to the provisions of this Part, the Department of Justice in Northern Ireland may make an order containing provision, in relation to proceedings in Northern Ireland before the Court of Appeal under this Part, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal (Northern Ireland) Act 1980 F144 (subject to any specified modifications).]
Textual Amendments F140 Words in s. 97 renumbered (12.4.2010) as s. 97(1) by The Northern Ireland Act 1998 (Devolution of
Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 78(3)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F141 Words in s. 97(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 78(3)(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F142 Words in s. 97 omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 78(3)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F143 S. 97(2) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 78(3)(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F144 1980 c. 47.
PART 11
EVIDENCE
CHAPTER 1
EVIDENCE OF BAD CHARACTER
Introductory
98 “Bad character”
References in this Chapter to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which—
(a) has to do with the alleged facts of the offence with which the defendant is charged, or
(b) is evidence of misconduct in connection with the investigation or prosecution of that offence.
99 Abolition of common law rules
(1) The common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished.
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(2) Subsection (1) is subject to section 118(1) in so far as it preserves the rule under which in criminal proceedings a person’s reputation is admissible for the purposes of proving his bad character.
Persons other than defendants
100 Non-defendant’s bad character
(1) In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if—
(a) it is important explanatory evidence, (b) it has substantial probative value in relation to a matter which—
(i) is a matter in issue in the proceedings, and (ii) is of substantial importance in the context of the case as a whole,
or (c) all parties to the proceedings agree to the evidence being admissible.
(2) For the purposes of subsection (1)(a) evidence is important explanatory evidence if— (a) without it, the court or jury would find it impossible or difficult properly to
understand other evidence in the case, and (b) its value for understanding the case as a whole is substantial.
(3) In assessing the probative value of evidence for the purposes of subsection (1)(b) the court must have regard to the following factors (and to any others it considers relevant) —
(a) the nature and number of the events, or other things, to which the evidence relates;
(b) when those events or things are alleged to have happened or existed; (c) where—
(i) the evidence is evidence of a person’s misconduct, and (ii) it is suggested that the evidence has probative value by reason of
similarity between that misconduct and other alleged misconduct, the nature and extent of the similarities and the dissimilarities between each of the alleged instances of misconduct;
(d) where— (i) the evidence is evidence of a person’s misconduct,
(ii) it is suggested that that person is also responsible for the misconduct charged, and
(iii) the identity of the person responsible for the misconduct charged is disputed,
the extent to which the evidence shows or tends to show that the same person was responsible each time.
(4) Except where subsection (1)(c) applies, evidence of the bad character of a person other than the defendant must not be given without leave of the court.
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Defendants
101 Defendant’s bad character
(1) In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if—
(a) all parties to the proceedings agree to the evidence being admissible, (b) the evidence is adduced by the defendant himself or is given in answer to a
question asked by him in cross-examination and intended to elicit it, (c) it is important explanatory evidence, (d) it is relevant to an important matter in issue between the defendant and the
prosecution, (e) it has substantial probative value in relation to an important matter in issue
between the defendant and a co-defendant, (f) it is evidence to correct a false impression given by the defendant, or (g) the defendant has made an attack on another person’s character.
(2) Sections 102 to 106 contain provision supplementing subsection (1).
(3) The court must not admit evidence under subsection (1)(d) or (g) if, on an application by the defendant to exclude it, it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
(4) On an application to exclude evidence under subsection (3) the court must have regard, in particular, to the length of time between the matters to which that evidence relates and the matters which form the subject of the offence charged.
102 “Important explanatory evidence”
For the purposes of section 101(1)(c) evidence is important explanatory evidence if— (a) without it, the court or jury would find it impossible or difficult properly to
understand other evidence in the case, and (b) its value for understanding the case as a whole is substantial.
103 “Matter in issue between the defendant and the prosecution”
(1) For the purposes of section 101(1)(d) the matters in issue between the defendant and the prosecution include—
(a) the question whether the defendant has a propensity to commit offences of the kind with which he is charged, except where his having such a propensity makes it no more likely that he is guilty of the offence;
(b) the question whether the defendant has a propensity to be untruthful, except where it is not suggested that the defendant’s case is untruthful in any respect.
(2) Where subsection (1)(a) applies, a defendant’s propensity to commit offences of the kind with which he is charged may (without prejudice to any other way of doing so) be established by evidence that he has been convicted of—
(a) an offence of the same description as the one with which he is charged, or (b) an offence of the same category as the one with which he is charged.
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(3) Subsection (2) does not apply in the case of a particular defendant if the court is satisfied, by reason of the length of time since the conviction or for any other reason, that it would be unjust for it to apply in his case.
(4) For the purposes of subsection (2)— (a) two offences are of the same description as each other if the statement of the
offence in a written charge or indictment would, in each case, be in the same terms;
(b) two offences are of the same category as each other if they belong to the same category of offences prescribed for the purposes of this section by an order made by the Secretary of State.
(5) A category prescribed by an order under subsection (4)(b) must consist of offences of the same type.
(6) Only prosecution evidence is admissible under section 101(1)(d).
[F145(7) Where— (a) a defendant has been convicted of an offence under the law of any country
outside England and Wales (“the previous offence”), and (b) the previous offence would constitute an offence under the law of England
and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the trial for the offence with which the defendant is now charged (“the current offence”),
subsection (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category.
(8) For the purposes of subsection (2)— (a) the previous offence is of the same description as the current offence if the
corresponding offence is of that same description, as set out in subsection (4) (a);
(b) the previous offence is of the same category as the current offence if the current offence and the corresponding offence belong to the same category of offences prescribed as mentioned in subsection (4)(b).
(9) For the purposes of subsection (10) “foreign service offence” means an offence which—
(a) was the subject of proceedings under the service law of a country outside the United Kingdom, and
(b) would constitute an offence under the law of England and Wales or a service offence (“the corresponding domestic offence”) if it were done in England and Wales by a member of Her Majesty's forces at the time of the trial for the offence with which the defendant is now charged (“the current offence”).
(10) Where a defendant has been found guilty of a foreign service offence (“the previous service offence”), for the purposes of subsection (2)—
(a) the previous service offence is an offence of the same description as the current offence if the corresponding domestic offence is of that same description, as set out in subsection (4)(a);
(b) the previous service offence is an offence of the same category as the current offence if the current offence and the corresponding domestic offence belong to the same category of offences prescribed as mentioned in subsection (4)(b).
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(11) In this section— “Her Majesty's forces” has the same meaning as in the Armed Forces Act
2006; “service law”, in relation to a country outside the United Kingdom, means
the law governing all or any of the naval, military or air forces of that country.]
Textual Amendments F145 S. 103(7)-(11) added (15.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182, Sch. 17 para.
1(2) (with s. 180, Sch. 22); S.I. 2010/1858, art. 3(a)(d)(i)
104 “Matter in issue between the defendant and a co-defendant”
(1) Evidence which is relevant to the question whether the defendant has a propensity to be untruthful is admissible on that basis under section 101(1)(e) only if the nature or conduct of his defence is such as to undermine the co-defendant’s defence.
(2) Only evidence— (a) which is to be (or has been) adduced by the co-defendant, or (b) which a witness is to be invited to give (or has given) in cross-examination
by the co-defendant, is admissible under section 101(1)(e).
105 “Evidence to correct a false impression”
(1) For the purposes of section 101(1)(f)— (a) the defendant gives a false impression if he is responsible for the making of
an express or implied assertion which is apt to give the court or jury a false or misleading impression about the defendant;
(b) evidence to correct such an impression is evidence which has probative value in correcting it.
(2) A defendant is treated as being responsible for the making of an assertion if— (a) the assertion is made by the defendant in the proceedings (whether or not in
evidence given by him), (b) the assertion was made by the defendant—
(i) on being questioned under caution, before charge, about the offence with which he is charged, or
(ii) on being charged with the offence or officially informed that he might be prosecuted for it,
and evidence of the assertion is given in the proceedings, (c) the assertion is made by a witness called by the defendant, (d) the assertion is made by any witness in cross-examination in response to a
question asked by the defendant that is intended to elicit it, or is likely to do so, or
(e) the assertion was made by any person out of court, and the defendant adduces evidence of it in the proceedings.
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(3) A defendant who would otherwise be treated as responsible for the making of an assertion shall not be so treated if, or to the extent that, he withdraws it or disassociates himself from it.
(4) Where it appears to the court that a defendant, by means of his conduct (other than the giving of evidence) in the proceedings, is seeking to give the court or jury an impression about himself that is false or misleading, the court may if it appears just to do so treat the defendant as being responsible for the making of an assertion which is apt to give that impression.
(5) In subsection (4) “conduct” includes appearance or dress.
(6) Evidence is admissible under section 101(1)(f) only if it goes no further than is necessary to correct the false impression.
(7) Only prosecution evidence is admissible under section 101(1)(f).
106 “Attack on another person’s character”
(1) For the purposes of section 101(1)(g) a defendant makes an attack on another person’s character if—
(a) he adduces evidence attacking the other person’s character, (b) he (or any legal representative appointed under section 38(4) of the Youth
Justice and Criminal Evidence Act 1999 (c. 23) to cross-examine a witness in his interests) asks questions in cross-examination that are intended to elicit such evidence, or are likely to do so, or
(c) evidence is given of an imputation about the other person made by the defendant—
(i) on being questioned under caution, before charge, about the offence with which he is charged, or
(ii) on being charged with the offence or officially informed that he might be prosecuted for it.
(2) In subsection (1) “evidence attacking the other person’s character” means evidence to the effect that the other person—
(a) has committed an offence (whether a different offence from the one with which the defendant is charged or the same one), or
(b) has behaved, or is disposed to behave, in a reprehensible way; and “imputation about the other person” means an assertion to that effect.
(3) Only prosecution evidence is admissible under section 101(1)(g).
107 Stopping the case where evidence contaminated
(1) If on a defendant’s trial before a judge and jury for an offence— (a) evidence of his bad character has been admitted under any of paragraphs (c)
to (g) of section 101(1), and (b) the court is satisfied at any time after the close of the case for the prosecution
that— (i) the evidence is contaminated, and
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(ii) the contamination is such that, considering the importance of the evidence to the case against the defendant, his conviction of the offence would be unsafe,
the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury.
(2) Where— (a) a jury is directed under subsection (1) to acquit a defendant of an offence, and (b) the circumstances are such that, apart from this subsection, the defendant
could if acquitted of that offence be found guilty of another offence, the defendant may not be found guilty of that other offence if the court is satisfied as mentioned in subsection (1)(b) in respect of it.
(3) If— (a) a jury is required to determine under section 4A(2) of the Criminal Procedure
(Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged,
(b) evidence of the person’s bad character has been admitted under any of paragraphs (c) to (g) of section 101(1), and
(c) the court is satisfied at any time after the close of the case for the prosecution that—
(i) the evidence is contaminated, and (ii) the contamination is such that, considering the importance of the
evidence to the case against the person, a finding that he did the act or made the omission would be unsafe,
the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a rehearing, discharge the jury.
(4) This section does not prejudice any other power a court may have to direct a jury to acquit a person of an offence or to discharge a jury.
(5) For the purposes of this section a person’s evidence is contaminated where— (a) as a result of an agreement or understanding between the person and one or
more others, or (b) as a result of the person being aware of anything alleged by one or more others
whose evidence may be, or has been, given in the proceedings, the evidence is false or misleading in any respect, or is different from what it would otherwise have been.
108 Offences committed by defendant when a child
(1) Section 16(2) and (3) of the Children and Young Persons Act 1963 (c. 37) (offences committed by person under 14 disregarded for purposes of evidence relating to previous convictions) shall cease to have effect.
(2) In proceedings for an offence committed or alleged to have been committed by the defendant when aged 21 or over, evidence of his conviction for an offence when under the age of 14 is not admissible unless—
(a) both of the offences are triable only on indictment, and (b) the court is satisfied that the interests of justice require the evidence to be
admissible.
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[F146(2A) Subsection (2B) applies where— (a) the defendant has been convicted of an offence under the law of any country
outside England and Wales (“the previous offence”), and (b) the previous offence would constitute an offence under the law of England
and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the proceedings for the offence with which the defendant is now charged.
(2B) For the purposes of subsection (2), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.]
(3) Subsection (2) applies in addition to section 101.
Textual Amendments F146 S. 108(2A)(2B) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182, Sch. 17
para. 1(2) (with s. 180, Sch. 22); S.I. 2010/1858, art. 3(a)(d)(i)
General
109 Assumption of truth in assessment of relevance or probative value
(1) Subject to subsection (2), a reference in this Chapter to the relevance or probative value of evidence is a reference to its relevance or probative value on the assumption that it is true.
(2) In assessing the relevance or probative value of an item of evidence for any purpose of this Chapter, a court need not assume that the evidence is true if it appears, on the basis of any material before the court (including any evidence it decides to hear on the matter), that no court or jury could reasonably find it to be true.
110 Court’s duty to give reasons for rulings
(1) Where the court makes a relevant ruling— (a) it must state in open court (but in the absence of the jury, if there is one) its
reasons for the ruling; (b) if it is a magistrates' court, it must cause the ruling and the reasons for it to be
entered in the register of the court’s proceedings.
(2) In this section “relevant ruling” means— (a) a ruling on whether an item of evidence is evidence of a person’s bad
character; (b) a ruling on whether an item of such evidence is admissible under section 100
or 101 (including a ruling on an application under section 101(3)); (c) a ruling under section 107.
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111 Rules of court
(1) Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Act; and the appropriate authority is the authority entitled to make the rules.
(2) The rules may, and, where the party in question is the prosecution, must, contain provision requiring a party who—
(a) proposes to adduce evidence of a defendant’s bad character, or (b) proposes to cross-examine a witness with a view to eliciting such evidence,
to serve on the defendant such notice, and such particulars of or relating to the evidence, as may be prescribed.
(3) The rules may provide that the court or the defendant may, in such circumstances as may be prescribed, dispense with a requirement imposed by virtue of subsection (2).
(4) In considering the exercise of its powers with respect to costs, the court may take into account any failure by a party to comply with a requirement imposed by virtue of subsection (2) and not dispensed with by virtue of subsection (3).
(5) The rules may— (a) limit the application of any provision of the rules to prescribed circumstances; (b) subject any provision of the rules to prescribed exceptions; (c) make different provision for different cases or circumstances.
(6) Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.
[F147(7) In this section “prescribed” means prescribed by rules of court.]
Textual Amendments F147 S. 111(7) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004
(S.I. 2004/2035), art. 3, Sch. para. 49 (with art. 2(2))
112 Interpretation of Chapter 1
(1) In this Chapter— “bad character” is to be read in accordance with section 98; “criminal proceedings” means criminal proceedings in relation to which the
strict rules of evidence apply; “defendant”, in relation to criminal proceedings, means a person charged
with an offence in those proceedings; and “co-defendant”, in relation to a defendant, means a person charged with an offence in the same proceedings;
“important matter” means a matter of substantial importance in the context of the case as a whole;
“misconduct” means the commission of an offence or other reprehensible behaviour;
“offence” includes a service offence; “probative value”, and “relevant” (in relation to an item of evidence), are to
be read in accordance with section 109;
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“prosecution evidence” means evidence which is to be (or has been) adduced by the prosecution, or which a witness is to be invited to give (or has given) in cross-examination by the prosecution;
[F148“service offence” has the same meaning as in the Armed Forces Act 2006;]
“written charge” has the same meaning as in section 29 and also includes an information.
(2) Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter (except section 101(3)) has effect as if each offence were charged in separate proceedings; and references to the offence with which the defendant is charged are to be read accordingly.
(3) Nothing in this Chapter affects the exclusion of evidence— (a) under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against
a party impeaching the credit of his own witness by general evidence of bad character,
(b) under section 41 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (restriction on evidence or questions about complainant’s sexual history), or
(c) on grounds other than the fact that it is evidence of a person’s bad character.
Textual Amendments F148 S. 112(1): definition of "service offence" substituted (28.3.2009 for certain purposes and otherwise
31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 215; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text) C6 S. 112(1) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act
2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(2)
113 Armed forces
Schedule 6 (armed forces) has effect.
CHAPTER 2
HEARSAY EVIDENCE
Hearsay: main provisions
114 Admissibility of hearsay evidence
(1) In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if, but only if—
(a) any provision of this Chapter or any other statutory provision makes it admissible,
(b) any rule of law preserved by section 118 makes it admissible, (c) all parties to the proceedings agree to it being admissible, or
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(d) the court is satisfied that it is in the interests of justice for it to be admissible.
(2) In deciding whether a statement not made in oral evidence should be admitted under subsection (1)(d), the court must have regard to the following factors (and to any others it considers relevant)—
(a) how much probative value the statement has (assuming it to be true) in relation to a matter in issue in the proceedings, or how valuable it is for the understanding of other evidence in the case;
(b) what other evidence has been, or can be, given on the matter or evidence mentioned in paragraph (a);
(c) how important the matter or evidence mentioned in paragraph (a) is in the context of the case as a whole;
(d) the circumstances in which the statement was made; (e) how reliable the maker of the statement appears to be; (f) how reliable the evidence of the making of the statement appears to be; (g) whether oral evidence of the matter stated can be given and, if not, why it
cannot; (h) the amount of difficulty involved in challenging the statement; (i) the extent to which that difficulty would be likely to prejudice the party facing
it.
(3) Nothing in this Chapter affects the exclusion of evidence of a statement on grounds other than the fact that it is a statement not made in oral evidence in the proceedings.
Commencement Information I70 S. 114 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
115 Statements and matters stated
(1) In this Chapter references to a statement or to a matter stated are to be read as follows.
(2) A statement is any representation of fact or opinion made by a person by whatever means; and it includes a representation made in a sketch, photofit or other pictorial form.
(3) A matter stated is one to which this Chapter applies if (and only if) the purpose, or one of the purposes, of the person making the statement appears to the court to have been—
(a) to cause another person to believe the matter, or (b) to cause another person to act or a machine to operate on the basis that the
matter is as stated.
Commencement Information I71 S. 115 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
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Principal categories of admissibility
116 Cases where a witness is unavailable
(1) In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if—
(a) oral evidence given in the proceedings by the person who made the statement would be admissible as evidence of that matter,
(b) the person who made the statement (the relevant person) is identified to the court’s satisfaction, and
(c) any of the five conditions mentioned in subsection (2) is satisfied.
(2) The conditions are— (a) that the relevant person is dead; (b) that the relevant person is unfit to be a witness because of his bodily or mental
condition; (c) that the relevant person is outside the United Kingdom and it is not reasonably
practicable to secure his attendance; (d) that the relevant person cannot be found although such steps as it is reasonably
practicable to take to find him have been taken; (e) that through fear the relevant person does not give (or does not continue to
give) oral evidence in the proceedings, either at all or in connection with the subject matter of the statement, and the court gives leave for the statement to be given in evidence.
(3) For the purposes of subsection (2)(e) “fear” is to be widely construed and (for example) includes fear of the death or injury of another person or of financial loss.
(4) Leave may be given under subsection (2)(e) only if the court considers that the statement ought to be admitted in the interests of justice, having regard—
(a) to the statement’s contents, (b) to any risk that its admission or exclusion will result in unfairness to any party
to the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence),
(c) in appropriate cases, to the fact that a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (special measures for the giving of evidence by fearful witnesses etc) could be made in relation to the relevant person, and
(d) to any other relevant circumstances.
(5) A condition set out in any paragraph of subsection (2) which is in fact satisfied is to be treated as not satisfied if it is shown that the circumstances described in that paragraph are caused—
(a) by the person in support of whose case it is sought to give the statement in evidence, or
(b) by a person acting on his behalf, in order to prevent the relevant person giving oral evidence in the proceedings (whether at all or in connection with the subject matter of the statement).
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Commencement Information I72 S. 116 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
117 Business and other documents
(1) In criminal proceedings a statement contained in a document is admissible as evidence of any matter stated if—
(a) oral evidence given in the proceedings would be admissible as evidence of that matter,
(b) the requirements of subsection (2) are satisfied, and (c) the requirements of subsection (5) are satisfied, in a case where subsection (4)
requires them to be.
(2) The requirements of this subsection are satisfied if— (a) the document or the part containing the statement was created or received by
a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office,
(b) the person who supplied the information contained in the statement (the relevant person) had or may reasonably be supposed to have had personal knowledge of the matters dealt with, and
(c) each person (if any) through whom the information was supplied from the relevant person to the person mentioned in paragraph (a) received the information in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office.
(3) The persons mentioned in paragraphs (a) and (b) of subsection (2) may be the same person.
(4) The additional requirements of subsection (5) must be satisfied if the statement— (a) was prepared for the purposes of pending or contemplated criminal
proceedings, or for a criminal investigation, but [F149(b) was not obtained pursuant to—
(i) a request under section 7 of the Crime (International Co-operation) Act 2003,
(ii) an order under paragraph 6 of Schedule 13 to the Criminal Justice Act 1988,F150...
(iii) an order under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017, [F151or
(iv) an overseas production order under the Crime (Overseas Production Orders) Act 2019,]
(all of which relate to overseas evidence)]
(5) The requirements of this subsection are satisfied if— (a) any of the five conditions mentioned in section 116(2) is satisfied (absence
of relevant person etc), or (b) the relevant person cannot reasonably be expected to have any recollection
of the matters dealt with in the statement (having regard to the length of time since he supplied the information and all other circumstances).
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(6) A statement is not admissible under this section if the court makes a direction to that effect under subsection (7).
(7) The court may make a direction under this subsection if satisfied that the statement’s reliability as evidence for the purpose for which it is tendered is doubtful in view of—
(a) its contents, (b) the source of the information contained in it, (c) the way in which or the circumstances in which the information was supplied
or received, or (d) the way in which or the circumstances in which the document concerned was
created or received.
Textual Amendments F149 S. 117(4)(b) substituted (31.7.2017) by The Criminal Justice (European Investigation Order)
Regulations 2017 (S.I. 2017/730), reg. 1(1), Sch. 3 para. 8 (with reg. 3) F150 Word in s. 117(4)(b)(ii) omitted (9.10.2019) by Crime (Overseas Production Orders) Act 2019 (c. 5),
ss. 10(3)(a), 20(1); S.I. 2019/1318, reg. 2(2)(j)(3) F151 S. 117(4)(b)(iv) and preceding word inserted (9.10.2019) by Crime (Overseas Production Orders) Act
2019 (c. 5), ss. 10(3)(b), 20(1); S.I. 2019/1318, reg. 2(2)(j)(3)
Commencement Information I73 S. 117 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
118 Preservation of certain common law categories of admissibility
(1) The following rules of law are preserved.
Public information etc
1 Any rule of law under which in criminal proceedings— (a) published works dealing with matters of a public nature (such as histories,
scientific works, dictionaries and maps) are admissible as evidence of facts of a public nature stated in them,
(b) public documents (such as public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated in them,
(c) records (such as the records of certain courts, treaties, Crown grants, pardons and commissions) are admissible as evidence of facts stated in them, or
(d) evidence relating to a person’s age or date or place of birth may be given by a person without personal knowledge of the matter.
Reputation as to character
2 Any rule of law under which in criminal proceedings evidence of a person’s reputation is admissible for the purpose of proving his good or bad character.
Note
The rule is preserved only so far as it allows the court to treat such evidence as proving the matter concerned.
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Reputation or family tradition
3 Any rule of law under which in criminal proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving—
(a) pedigree or the existence of a marriage, (b) the existence of any public or general right, or (c) the identity of any person or thing.
Note
The rule is preserved only so far as it allows the court to treat such evidence as proving or disproving the matter concerned.
Res gestae
4 Any rule of law under which in criminal proceedings a statement is admissible as evidence of any matter stated if—
(a) the statement was made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded,
(b) the statement accompanied an act which can be properly evaluated as evidence only if considered in conjunction with the statement, or
(c) the statement relates to a physical sensation or a mental state (such as intention or emotion).
Confessions etc
5 Any rule of law relating to the admissibility of confessions or mixed statements in criminal proceedings.
Admissions by agents etc
6 Any rule of law under which in criminal proceedings— (a) an admission made by an agent of a defendant is admissible against the
defendant as evidence of any matter stated, or (b) a statement made by a person to whom a defendant refers a person for
information is admissible against the defendant as evidence of any matter stated.
Common enterprise
7 Any rule of law under which in criminal proceedings a statement made by a party to a common enterprise is admissible against another party to the enterprise as evidence of any matter stated.
Expert evidence
8 Any rule of law under which in criminal proceedings an expert witness may draw on the body of expertise relevant to his field.
(2) With the exception of the rules preserved by this section, the common law rules governing the admissibility of hearsay evidence in criminal proceedings are abolished.
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Commencement Information I74 S. 118 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
119 Inconsistent statements
(1) If in criminal proceedings a person gives oral evidence and— (a) he admits making a previous inconsistent statement, or (b) a previous inconsistent statement made by him is proved by virtue of section 3,
4 or 5 of the Criminal Procedure Act 1865 (c. 18), the statement is admissible as evidence of any matter stated of which oral evidence by him would be admissible.
(2) If in criminal proceedings evidence of an inconsistent statement by any person is given under section 124(2)(c), the statement is admissible as evidence of any matter stated in it of which oral evidence by that person would be admissible.
Commencement Information I75 S. 119 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
120 Other previous statements of witnesses
(1) This section applies where a person (the witness) is called to give evidence in criminal proceedings.
(2) If a previous statement by the witness is admitted as evidence to rebut a suggestion that his oral evidence has been fabricated, that statement is admissible as evidence of any matter stated of which oral evidence by the witness would be admissible.
(3) A statement made by the witness in a document— (a) which is used by him to refresh his memory while giving evidence, (b) on which he is cross-examined, and (c) which as a consequence is received in evidence in the proceedings,
is admissible as evidence of any matter stated of which oral evidence by him would be admissible.
(4) A previous statement by the witness is admissible as evidence of any matter stated of which oral evidence by him would be admissible, if—
(a) any of the following three conditions is satisfied, and (b) while giving evidence the witness indicates that to the best of his belief he
made the statement, and that to the best of his belief it states the truth.
(5) The first condition is that the statement identifies or describes a person, object or place.
(6) The second condition is that the statement was made by the witness when the matters stated were fresh in his memory but he does not remember them, and cannot reasonably be expected to remember them, well enough to give oral evidence of them in the proceedings.
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(7) The third condition is that— (a) the witness claims to be a person against whom an offence has been
committed, (b) the offence is one to which the proceedings relate, (c) the statement consists of a complaint made by the witness (whether to a person
in authority or not) about conduct which would, if proved, constitute the offence or part of the offence,
(d) F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) the complaint was not made as a result of a threat or a promise, and (f) before the statement is adduced the witness gives oral evidence in connection
with its subject matter.
(8) For the purposes of subsection (7) the fact that the complaint was elicited (for example, by a leading question) is irrelevant unless a threat or a promise was involved.
Textual Amendments F152 S. 120(7)(d) omitted (1.2.2010) by virtue of and repealed (6.4.2010) by Coroners and Justice Act 2009
(c. 25), ss. 112, 182(5), Sch. 23 Pt. 3; S.I. 2010/145, art. 2(2), Sch.; S.I. 2010/816, art. 2, Sch.
Commencement Information I76 S. 120 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
Supplementary
121 Additional requirement for admissibility of multiple hearsay
(1) A hearsay statement is not admissible to prove the fact that an earlier hearsay statement was made unless—
(a) either of the statements is admissible under section 117, 119 or 120, (b) all parties to the proceedings so agree, or (c) the court is satisfied that the value of the evidence in question, taking into
account how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible for that purpose.
(2) In this section “hearsay statement” means a statement, not made in oral evidence, that is relied on as evidence of a matter stated in it.
Commencement Information I77 S. 121 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
122 Documents produced as exhibits
(1) This section applies if on a trial before a judge and jury for an offence— (a) a statement made in a document is admitted in evidence under section 119
or 120, and
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(b) the document or a copy of it is produced as an exhibit.
(2) The exhibit must not accompany the jury when they retire to consider their verdict unless—
(a) the court considers it appropriate, or (b) all the parties to the proceedings agree that it should accompany the jury.
Commencement Information I78 S. 122 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
123 Capability to make statement
(1) Nothing in section 116, 119 or 120 makes a statement admissible as evidence if it was made by a person who did not have the required capability at the time when he made the statement.
(2) Nothing in section 117 makes a statement admissible as evidence if any person who, in order for the requirements of section 117(2) to be satisfied, must at any time have supplied or received the information concerned or created or received the document or part concerned—
(a) did not have the required capability at that time, or (b) cannot be identified but cannot reasonably be assumed to have had the
required capability at that time.
(3) For the purposes of this section a person has the required capability if he is capable of—
(a) understanding questions put to him about the matters stated, and (b) giving answers to such questions which can be understood.
(4) Where by reason of this section there is an issue as to whether a person had the required capability when he made a statement—
(a) proceedings held for the determination of the issue must take place in the absence of the jury (if there is one);
(b) in determining the issue the court may receive expert evidence and evidence from any person to whom the statement in question was made;
(c) the burden of proof on the issue lies on the party seeking to adduce the statement, and the standard of proof is the balance of probabilities.
Commencement Information I79 S. 123 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
124 Credibility
(1) This section applies if in criminal proceedings— (a) a statement not made in oral evidence in the proceedings is admitted as
evidence of a matter stated, and
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(b) the maker of the statement does not give oral evidence in connection with the subject matter of the statement.
(2) In such a case— (a) any evidence which (if he had given such evidence) would have been
admissible as relevant to his credibility as a witness is so admissible in the proceedings;
(b) evidence may with the court’s leave be given of any matter which (if he had given such evidence) could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party;
(c) evidence tending to prove that he made (at whatever time) any other statement inconsistent with the statement admitted as evidence is admissible for the purpose of showing that he contradicted himself.
(3) If as a result of evidence admitted under this section an allegation is made against the maker of a statement, the court may permit a party to lead additional evidence of such description as the court may specify for the purposes of denying or answering the allegation.
(4) In the case of a statement in a document which is admitted as evidence under section 117 each person who, in order for the statement to be admissible, must have supplied or received the information concerned or created or received the document or part concerned is to be treated as the maker of the statement for the purposes of subsections (1) to (3) above.
Commencement Information I80 S. 124 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
125 Stopping the case where evidence is unconvincing
(1) If on a defendant’s trial before a judge and jury for an offence the court is satisfied at any time after the close of the case for the prosecution that—
(a) the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings, and
(b) the evidence provided by the statement is so unconvincing that, considering its importance to the case against the defendant, his conviction of the offence would be unsafe,
the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury.
(2) Where— (a) a jury is directed under subsection (1) to acquit a defendant of an offence, and (b) the circumstances are such that, apart from this subsection, the defendant
could if acquitted of that offence be found guilty of another offence, the defendant may not be found guilty of that other offence if the court is satisfied as mentioned in subsection (1) in respect of it.
(3) If—
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(a) a jury is required to determine under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged, and
(b) the court is satisfied as mentioned in subsection (1) above at any time after the close of the case for the prosecution that—
(i) the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings, and
(ii) the evidence provided by the statement is so unconvincing that, considering its importance to the case against the person, a finding that he did the act or made the omission would be unsafe,
the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a rehearing, discharge the jury.
(4) This section does not prejudice any other power a court may have to direct a jury to acquit a person of an offence or to discharge a jury.
Commencement Information I81 S. 125 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
126 Court’s general discretion to exclude evidence
(1) In criminal proceedings the court may refuse to admit a statement as evidence of a matter stated if—
(a) the statement was made otherwise than in oral evidence in the proceedings, and
(b) the court is satisfied that the case for excluding the statement, taking account of the danger that to admit it would result in undue waste of time, substantially outweighs the case for admitting it, taking account of the value of the evidence.
(2) Nothing in this Chapter prejudices— (a) any power of a court to exclude evidence under section 78 of the Police and
Criminal Evidence Act 1984 (c. 60) (exclusion of unfair evidence), or (b) any other power of a court to exclude evidence at its discretion (whether by
preventing questions from being put or otherwise).
Commencement Information I82 S. 126 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
Miscellaneous
127 Expert evidence: preparatory work.
(1) This section applies if— (a) a statement has been prepared for the purposes of criminal proceedings,
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(b) the person who prepared the statement had or may reasonably be supposed to have had personal knowledge of the matters stated,
(c) notice is given under the appropriate rules that another person (the expert) will in evidence given in the proceedings orally or under section 9 of the Criminal Justice Act 1967 (c. 80) base an opinion or inference on the statement, and
(d) the notice gives the name of the person who prepared the statement and the nature of the matters stated.
(2) In evidence given in the proceedings the expert may base an opinion or inference on the statement.
(3) If evidence based on the statement is given under subsection (2) the statement is to be treated as evidence of what it states.
(4) This section does not apply if the court, on an application by a party to the proceedings, orders that it is not in the interests of justice that it should apply.
(5) The matters to be considered by the court in deciding whether to make an order under subsection (4) include—
(a) the expense of calling as a witness the person who prepared the statement; (b) whether relevant evidence could be given by that person which could not be
given by the expert; (c) whether that person can reasonably be expected to remember the matters
stated well enough to give oral evidence of them.
(6) Subsections (1) to (5) apply to a statement prepared for the purposes of a criminal investigation as they apply to a statement prepared for the purposes of criminal proceedings, and in such a case references to the proceedings are to criminal proceedings arising from the investigation.
(7) The appropriate rules are [F153Criminal Procedure Rules made by virtue of]— (a) F154. . . section 81 of the Police and Criminal Evidence Act 1984 (advance
notice of expert evidence in Crown Court), or (b) F155. . . section 20(3) of the Criminal Procedure and Investigations Act 1996
(c. 25) (advance notice of expert evidence in magistrates' courts).
Textual Amendments F153 Words in s. 127(7) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order
2004 (S.I. 2004/2035), art. 3, Sch. para. 50(a) (with art. 2(2)) F154 Word in s. 127(7)(a) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential
Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 50(b) (with art. 2(2)) F155 Words in s. 127(7)(b) omitted (1.9.2004) by virtue of The Courts Act 2003 (Consequential
Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 50(c) (with art. 2(2))
Commencement Information I83 S. 127 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
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128 Confessions
(1) In the Police and Criminal Evidence Act 1984 (c. 60) the following section is inserted after section 76—
“76A Confessions may be given in evidence for co-accused
(1) In any proceedings a confession made by an accused person may be given in evidence for another person charged in the same proceedings (a co-accused) in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.
(2) If, in any proceedings where a co-accused proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—
(a) by oppression of the person who made it; or (b) in consequence of anything said or done which was likely, in the
circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,
the court shall not allow the confession to be given in evidence for the co-accused except in so far as it is proved to the court on the balance of probabilities that the confession (notwithstanding that it may be true) was not so obtained.
(3) Before allowing a confession made by an accused person to be given in evidence for a co-accused in any proceedings, the court may of its own motion require the fact that the confession was not obtained as mentioned in subsection (2) above to be proved in the proceedings on the balance of probabilities.
(4) The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—
(a) of any facts discovered as a result of the confession; or (b) where the confession is relevant as showing that the accused speaks,
writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.
(5) Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.
(6) Subsection (5) above applies— (a) to any fact discovered as a result of a confession which is wholly
excluded in pursuance of this section; and (b) to any fact discovered as a result of a confession which is partly so
excluded, if the fact is discovered as a result of the excluded part of the confession.
(7) In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).”
(2) Subject to subsection (1), nothing in this Chapter makes a confession by a defendant admissible if it would not be admissible under section 76 of the Police and Criminal Evidence Act 1984 (c. 60).
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(3) In subsection (2) “confession” has the meaning given by section 82 of that Act.
Commencement Information I84 S. 128 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
129 Representations other than by a person
(1) Where a representation of any fact— (a) is made otherwise than by a person, but (b) depends for its accuracy on information supplied (directly or indirectly) by
a person, the representation is not admissible in criminal proceedings as evidence of the fact unless it is proved that the information was accurate.
(2) Subsection (1) does not affect the operation of the presumption that a mechanical device has been properly set or calibrated.
Commencement Information I85 S. 129 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
130 Depositions
In Schedule 3 to the Crime and Disorder Act 1998 (c. 37), sub-paragraph (4) of paragraph 5 is omitted (power of the court to overrule an objection to a deposition being read as evidence by virtue of that paragraph).
Commencement Information I86 S. 130 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
131 Evidence at retrial
For paragraphs 1 and 1A of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (oral evidence and use of transcripts etc at retrials under that Act) there is substituted—
1 (1) Evidence given at a retrial must be given orally if it was given orally at the original trial, unless—
(a) all the parties to the retrial agree otherwise; (b) section 116 of the Criminal Justice Act 2003 applies (admissibility
of hearsay evidence where a witness is unavailable); or (c) the witness is unavailable to give evidence, otherwise than as
mentioned in subsection (2) of that section, and section 114(1)(d)
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of that Act applies (admission of hearsay evidence under residual discretion).
(2) Paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (use of depositions) does not apply at a retrial to a deposition read as evidence at the original trial.”
Commencement Information I87 S. 131 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
General
132 Rules of court
(1) Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Chapter; and the appropriate authority is the authority entitled to make the rules.
(2) The rules may make provision about the procedure to be followed and other conditions to be fulfilled by a party proposing to tender a statement in evidence under any provision of this Chapter.
(3) The rules may require a party proposing to tender the evidence to serve on each party to the proceedings such notice, and such particulars of or relating to the evidence, as may be prescribed.
(4) The rules may provide that the evidence is to be treated as admissible by agreement of the parties if—
(a) a notice has been served in accordance with provision made under subsection (3), and
(b) no counter-notice in the prescribed form objecting to the admission of the evidence has been served by a party.
(5) If a party proposing to tender evidence fails to comply with a prescribed requirement applicable to it—
(a) the evidence is not admissible except with the court’s leave; (b) where leave is given the court or jury may draw such inferences from the
failure as appear proper; (c) the failure may be taken into account by the court in considering the exercise
of its powers with respect to costs.
(6) In considering whether or how to exercise any of its powers under subsection (5) the court shall have regard to whether there is any justification for the failure to comply with the requirement.
(7) A person shall not be convicted of an offence solely on an inference drawn under subsection (5)(b).
(8) Rules under this section may— (a) limit the application of any provision of the rules to prescribed circumstances; (b) subject any provision of the rules to prescribed exceptions;
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(c) make different provision for different cases or circumstances.
(9) Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.
[F156(10) In this section “prescribed” means prescribed by rules of court]
Textual Amendments F156 S. 132(10) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004
(S.I. 2004/2035), art. 3, Sch. para. 51 (with art. 2(2))
133 Proof of statements in documents
Where a statement in a document is admissible as evidence in criminal proceedings, the statement may be proved by producing either—
(a) the document, or (b) (whether or not the document exists) a copy of the document or of the material
part of it, authenticated in whatever way the court may approve.
Commencement Information I88 S. 133 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
134 Interpretation of Chapter 2
(1) In this Chapter— “copy”, in relation to a document, means anything on to which information
recorded in the document has been copied, by whatever means and whether directly or indirectly;
“criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;
“defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;
“document” means anything in which information of any description is recorded;
“oral evidence” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device;
“statutory provision” means any provision contained in, or in an instrument made under, this or any other Act, including any Act passed after this Act.
(2) Section 115 (statements and matters stated) contains other general interpretative provisions.
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(3) Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter has effect as if each offence were charged in separate proceedings.
Commencement Information I89 S. 134 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
135 Armed forces
Schedule 7 (hearsay evidence: armed forces) has effect.
Commencement Information I90 S. 135 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
136 Repeals etc
In the Criminal Justice Act 1988 (c. 33), the following provisions (which are to some extent superseded by provisions of this Chapter) are repealed—
(a) Part 2 and Schedule 2 (which relate to documentary evidence); (b) in Schedule 13, paragraphs 2 to 5 (which relate to documentary evidence in
service courts etc).
Commencement Information I91 S. 136 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to
art. 2(2), Sch. 2)
CHAPTER 3
MISCELLANEOUS AND SUPPLEMENTAL
PROSPECTIVE
137 Evidence by video recording
(1) This section applies where— (a) a person is called as a witness in proceedings for an offence triable only on
indictment, or for a prescribed offence triable either way, (b) the person claims to have witnessed (whether visually or in any other way)—
(i) events alleged by the prosecution to include conduct constituting the offence or part of the offence, or
(ii) events closely connected with such events,
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(c) he has previously given an account of the events in question (whether in response to questions asked or otherwise),
(d) the account was given at a time when those events were fresh in the person’s memory (or would have been, assuming the truth of the claim mentioned in paragraph (b)),
(e) a video recording was made of the account, (f) the court has made a direction that the recording should be admitted as
evidence in chief of the witness, and the direction has not been rescinded, and (g) the recording is played in the proceedings in accordance with the direction.
(2) If, or to the extent that, the witness in his oral evidence in the proceedings asserts the truth of the statements made by him in the recorded account, they shall be treated as if made by him in that evidence.
(3) A direction under subsection (1)(f)— (a) may not be made in relation to a recorded account given by the defendant; (b) may be made only if it appears to the court that—
(i) the witness’s recollection of the events in question is likely to have been significantly better when he gave the recorded account than it will be when he gives oral evidence in the proceedings, and
(ii) it is in the interests of justice for the recording to be admitted, having regard in particular to the matters mentioned in subsection (4).
(4) Those matters are— (a) the interval between the time of the events in question and the time when the
recorded account was made; (b) any other factors that might affect the reliability of what the witness said in
that account; (c) the quality of the recording; (d) any views of the witness as to whether his evidence in chief should be given
orally or by means of the recording.
(5) For the purposes of subsection (2) it does not matter if the statements in the recorded account were not made on oath.
(6) In this section “prescribed” means of a description specified in an order made by the Secretary of State.
PROSPECTIVE
138 Video evidence: further provisions F157(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The reference in subsection (1)(f) of section 137 to the admission of a recording includes a reference to the admission of part of the recording; and references in that section and this one to the video recording or to the witness’s recorded account shall, where appropriate, be read accordingly.
(3) In considering whether any part of a recording should be not admitted under section 137, the court must consider—
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(a) whether admitting that part would carry a risk of prejudice to the defendant, and
(b) if so, whether the interests of justice nevertheless require it to be admitted in view of the desirability of showing the whole, or substantially the whole, of the recorded interview.
(4) A court may not make a direction under section 137(1)(f) in relation to any proceedings unless—
(a) the Secretary of State has notified the court that arrangements can be made, in the area in which it appears to the court that the proceedings will take place, for implementing directions under that section, and
(b) the notice has not been withdrawn.
(5) Nothing in section 137 affects the admissibility of any video recording which would be admissible apart from that section.
Textual Amendments F157 S. 138(1) repealed (27.6.2011) by Coroners and Justice Act 2009 (c. 25), ss. 111, 182(5), Sch. 23 Pt. 3
(with s. 180); S.I. 2011/1452, art. 2(c)(i)
139 Use of documents to refresh memory
(1) A person giving oral evidence in criminal proceedings about any matter may, at any stage in the course of doing so, refresh his memory of it from a document made or verified by him at an earlier time if—
(a) he states in his oral evidence that the document records his recollection of the matter at that earlier time, and
(b) his recollection of the matter is likely to have been significantly better at that time than it is at the time of his oral evidence.
(2) Where— (a) a person giving oral evidence in criminal proceedings about any matter has
previously given an oral account, of which a sound recording was made, and he states in that evidence that the account represented his recollection of the matter at that time,
(b) his recollection of the matter is likely to have been significantly better at the time of the previous account than it is at the time of his oral evidence, and
(c) a transcript has been made of the sound recording, he may, at any stage in the course of giving his evidence, refresh his memory of the matter from that transcript.
Commencement Information I92 S. 139 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-
(6))
140 Interpretation of Chapter 3
In this Chapter—
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“criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;
“defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;
“document” means anything in which information of any description is recorded, but not including any recording of sounds or moving images;
“oral evidence” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device;
“video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track.
Commencement Information I93 S. 140 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-
(6))
141 Saving
No provision of this Part has effect in relation to criminal proceedings begun before the commencement of that provision.
Commencement Information I94 S. 141 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-
(6))
PART 12
SENTENCING
Modifications etc. (not altering text) C7 Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C8 Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
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CHAPTER 1
GENERAL PROVISIONS ABOUT SENTENCING
Modifications etc. (not altering text) C9 Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008
(c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)
Matters to be taken into account in sentencing
142 Purposes of sentencing
(1) Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing—
(a) the punishment of offenders, (b) the reduction of crime (including its reduction by deterrence), (c) the reform and rehabilitation of offenders, (d) the protection of the public, and (e) the making of reparation by offenders to persons affected by their offences.
(2) Subsection (1) does not apply— (a) in relation to an offender who is aged under 18 at the time of conviction, (b) to an offence the sentence for which is fixed by law, (c) to an offence the sentence for which falls to be imposed under [F158a provision
mentioned in subsection (2A)], or (d) in relation to the making under Part 3 of the Mental Health Act 1983 (c. 20) of
a hospital order (with or without a restriction order), an interim hospital order, a hospital direction or a limitation direction.
[F159(2A) The provisions referred to in subsection (2)(c) are— (a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum
sentence for certain offences involving offensive weapons); (b) section 51A(2) of the Firearms Act 1968 (minimum sentence for certain
firearms offences); (c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988
(minimum sentence for certain offences involving article with blade or point or offensive weapon);
(d) section 110(2) or 111(2) of the Sentencing Act (minimum sentence for certain drug trafficking and burglary offences);
(e) section 224A of this Act (life sentence for second listed offence for certain dangerous offenders);
(f) section 225(2) or 226(2) of this Act (imprisonment or detention for life for certain dangerous offenders);
(g) section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentence in certain cases of using someone to mind a weapon).]
(3) In this Chapter “sentence”, in relation to an offence, includes any order made by a court when dealing with the offender in respect of his offence; and “sentencing” is to be construed accordingly.
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Textual Amendments F158 Words in s. 142(2)(c) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 5 para. 10(2); S.I. 2015/1463, art. 2(b) F159 S. 142(2A) inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para.
10(3); S.I. 2015/1463, art. 2(b)
Commencement Information I95 S. 142 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
PROSPECTIVE
[F160142APurposes etc. of sentencing: offenders under 18
(1) This section applies where a court is dealing with an offender aged under 18 in respect of an offence.
(2) The court must have regard to— (a) the principal aim of the youth justice system (which is to prevent offending
(or re-offending) by persons aged under 18: see section 37(1) of the Crime and Disorder Act 1998),
(b) in accordance with section 44 of the Children and Young Persons Act 1933, the welfare of the offender, and
(c) the purposes of sentencing mentioned in subsection (3) (so far as it is not required to do so by paragraph (a)).
(3) Those purposes of sentencing are— (a) the punishment of offenders, (b) the reform and rehabilitation of offenders, (c) the protection of the public, and (d) the making of reparation by offenders to persons affected by their offences.
(4) This section does not apply— (a) to an offence the sentence for which is fixed by law,
[F161(b) to an offence the sentence for which falls to be imposed under a provision mentioned in subsection (5), or]
(c) in relation to the making under Part 3 of the Mental Health Act 1983 of a hospital order (with or without a restriction order), an interim hospital order, a hospital direction or a limitation direction.
[ F162(5)
The provisions referred to in subsection (4)(b) are— (a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum
sentence for certain offences involving offensive weapons); (b) section 51A(2) of the Firearms Act 1968 (minimum sentence for certain
firearms offences); (c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988
(minimum sentence for certain offences involving article with blade or point or offensive weapon);
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(d) section 226(2) of this Act (detention for life for certain dangerous offenders); (e) section 29(6) of the Violent Crime Reduction Act 2006 (minimum sentence
in certain cases of using someone to mind a weapon).]]
Textual Amendments F160 S. 142A inserted (prosp.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 9(1), 153 F161 S. 142A(4)(b) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5
para. 11(2); S.I. 2015/1463, art. 2(b) F162 S. 142A(5) inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para.
11(3); S.I. 2015/1463, art. 2(b)
143 Determining the seriousness of an offence
(1) In considering the seriousness of any offence, the court must consider the offender’s culpability in committing the offence and any harm which the offence caused, was intended to cause or might forseeably have caused.
(2) In considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more previous convictions, the court must treat each previous conviction as an aggravating factor if (in the case of that conviction) the court considers that it can reasonably be so treated having regard, in particular, to—
(a) the nature of the offence to which the conviction relates and its relevance to the current offence, and
(b) the time that has elapsed since the conviction.
(3) In considering the seriousness of any offence committed while the offender was on bail, the court must treat the fact that it was committed in those circumstances as an aggravating factor.
(4) Any reference in subsection (2) to a previous conviction is to be read as a reference to—
(a) a previous conviction by a court in the United Kingdom, F163. . . [F164(aa) a previous conviction by a court in another member State of a relevant offence
under the law of that State,] [F165(b) a previous conviction of a service offence within the meaning of the
Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).]
[F166or (c) a finding of guilt in respect of a member State service offence.]
[F167(5) Subsections (2) and (4) do not prevent the court from treating— (a) a previous conviction by a court outside both the United Kingdom and any
other member State, or (b) a previous conviction by a court in any member State (other than the United
Kingdom) of an offence which is not a relevant offence, as an aggravating factor in any case where the court considers it appropriate to do so.
(6) For the purposes of this section—
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(a) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction of the defendant for the current offence,
(b) “member State service offence” means an offence which— (i) was the subject of proceedings under the service law of a member
State other than the United Kingdom, and (ii) would constitute an offence under the law of any part of the United
Kingdom, or a service offence (within the meaning of the Armed Forces Act 2006), if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the defendant for the current offence,
(c) “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006, and
(d) “service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.]
Textual Amendments F163 Word in s. 143(4)(a) repealed (15.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 144, 178, 182,
Sch. 17 para. 6(2)(a), Sch. 23 Pt. 5 (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(c)(d)(iii)(f) (iii)
F164 S. 143(4)(aa) inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182, Sch. 17 para. 6(2)(a) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(a)(d)(iii)
F165 S. 143(4)(b) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 216; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F166 S. 143(4)(c) and word inserted (15.8.2010) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182, Sch. 17 para. 6(2)(b) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(a)(d)(iii)
F167 S. 143(5)(6) substituted (15.8.2010) for s. 143(5) by Coroners and Justice Act 2009 (c. 25), ss. 144, 182, Sch. 17 para. 6(3) (with s. 180, Sch. 22 para. 41); S.I. 2010/1858, art. 3(a)(d)(iii)
Modifications etc. (not altering text) C10 S. 143(3) modified (31.10.2009) by The Armed Forces (Civilian Courts Dealing with Service
Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009 (S.I. 2009/2042), regs. 4, 10
C11 S. 143(4) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(2)(3)(a), 205, Sch. 1 para. 53(5)
Commencement Information I96 S. 143 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
144 Reduction in sentences for guilty pleas
(1) In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court must take into account—
(a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and
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(b) the circumstances in which this indication was given.
(2) In the case of [F168an offender who— (a) is convicted of an offence the sentence for which falls to be imposed under a
provision mentioned in subsection (3), and (b) is aged 18 or over when convicted,
nothing] in [F169that provision] prevents the court, after taking into account any matter referred to in subsection (1) of this section, from imposing any sentence which is not less than 80 per cent of that specified in [F169that provision].
[F170(3) The provisions referred to in subsection (2) are— [F171section 1(2B) or 1A(5)] of the Prevention of Crime Act 1953; section 110(2) of the Sentencing Act; section 111(2) of the Sentencing Act; [F172section 139(6B), 139A(5B) or 139AA(7)] of the Criminal Justice Act 1988.
(4) In the case of [F173an offender who— (a) is convicted of an offence the sentence for which falls to be imposed under a
provision mentioned in subsection (5), and (b) is aged 16 or 17 when convicted,
nothing] in that provision prevents the court from imposing any sentence that it considers appropriate after taking into account any matter referred to in subsection (1) of this section.
(5) The provisions referred to in subsection (4) are— [F174section 1(2B) or 1A(5)] of the Prevention of Crime Act 1953; [F175section 139(6B), 139A(5B) or 139AA(7)] of the Criminal Justice Act 1988.]
Textual Amendments F168 Words in s. 144(2) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 5 para. 12(2); S.I. 2015/1463, art. 2(b) F169 Words in s. 144(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 26 para. 18(2)(b); S.I. 2012/2770, art. 2(f) F170 S. 144(3)-(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 26 para. 18(3); S.I. 2012/2770, art. 2(f) F171 Words in s. 144(3) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 5 para. 12(3)(a); S.I. 2015/1463, art. 2(b) F172 Words in s. 144(3) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 5 para. 12(3)(b); S.I. 2015/1463, art. 2(b) F173 Words in s. 144(4) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 5 para. 12(4); S.I. 2015/1463, art. 2(b) F174 Words in s. 144(5) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 5 para. 12(5)(a); S.I. 2015/1463, art. 2(b) F175 Words in s. 144(5) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 5 para. 12(5)(b); S.I. 2015/1463, art. 2(b)
Commencement Information I97 S. 144 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
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145 Increase in sentences for racial or religious aggravation
(1) This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).
(2) If the offence was racially or religiously aggravated, the court— (a) must treat that fact as an aggravating factor, and (b) must state in open court that the offence was so aggravated.
(3) Section 28 of the Crime and Disorder Act 1998 (meaning of “racially or religiously aggravated”) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.
Commencement Information I98 S. 145 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
146 Increase in sentences for aggravation related to disability[F176, sexual orientation or transgender identity]
(1) This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).
(2) Those circumstances are— (a) that, at the time of committing the offence, or immediately before or after
doing so, the offender demonstrated towards the victim of the offence hostility based on—
(i) the sexual orientation (or presumed sexual orientation) of the victim, F177...
(ii) a disability (or presumed disability) of the victim, or [F178(iii) the victim being (or being presumed to be) transgender, or]
(b) that the offence is motivated (wholly or partly)— (i) by hostility towards persons who are of a particular sexual orientation,
F179... (ii) by hostility towards persons who have a disability or a particular
disability[F180, or (iii) by hostility towards persons who are transgender.]
(3) The court— (a) must treat the fact that the offence was committed in any of those
circumstances as an aggravating factor, and (b) must state in open court that the offence was committed in such circumstances.
(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.
(5) In this section “disability” means any physical or mental impairment.
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[F181(6) In this section references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.]
Textual Amendments F176 Words in s. 146 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 65(3), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3) F177 Word in s. 146(2)(a)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 65(4)(a), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3) F178 S. 146(2)(a)(iii) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 65(4)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3) F179 Word in s. 146(2)(b)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 65(5)(a), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3) F180 S. 146(2)(b)(iii) and preceding word inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 65(5)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3) F181 S. 146(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 65(6), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)
Commencement Information I99 S. 146 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
General restrictions on community sentences
147 Meaning of “community sentence” etc.
(1) In this Part “community sentence” means a sentence which consists of or includes— (a) a community order (as defined by section 177), or (b) F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F183(c) a youth rehabilitation order.]
(2) F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F182 S. 147(1)(b) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149,
153, Sch. 4 para. 72(2)(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u) (xxxi)
F183 S. 147(1)(c) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 72(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
F184 S. 147(2) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 72(3), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)
Commencement Information I100 S. 147 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
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148 Restrictions on imposing community sentences
(1) A court must not pass a community sentence on an offender unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence.
(2) Where a court passes a community sentence F185. . . — (a) the particular requirement or requirements forming part of the community
order [F186, or, as the case may be, youth rehabilitation order, comprised in the sentence] must be such as, in the opinion of the court, is, or taken together are, the most suitable for the offender, and
(b) the restrictions on liberty imposed by the order must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
[F187(2A) Subsection (2) is subject to [F188 section 177(2A) (community orders: punitive elements) and to] paragraph 3(4) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance).]
F189(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsections (1) and (2)(b) have effect subject to section 151(2).
[F190(5) The fact that by virtue of any provision of this section— (a) a community sentence may be passed in relation to an offence; or (b) particular restrictions on liberty may be imposed by a community order or
youth rehabilitation order, does not require a court to pass such a sentence or to impose those restrictions.]
Textual Amendments F185 Words in s. 148(2) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
149, 153, Sch. 4 para. 73(2)(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) (u)(xxxi)
F186 Words in s. 148(2)(a) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 73(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
F187 S. 148(2A) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 73(3) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
F188 Words in s. 148(2A) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 3 (with Sch. 16 para. 4); S.I. 2013/2981, art. 2(d)
F189 S. 148(3) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 73(4), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)
F190 S. 148(5) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 10, 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 1
Modifications etc. (not altering text) C12 S. 148(1) excluded (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 1, 153, Sch.
1 para. 5(2)(b); S.I. 2009/3074, art. 2(m) C13 S. 148(2)(b) excluded (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 1, 153,
Sch. 1 para. 5(2)(b); S.I. 2009/3074, art. 2(m)
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Commencement Information I101 S. 148 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
149 Passing of community sentence on offender remanded in custody
(1) In determining the restrictions on liberty to be imposed by a community order or [F191youth rehabilitation order] in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.
(2) In subsection (1) “remanded in custody” has the meaning given by section 242(2).
Textual Amendments F191 Words in s. 149(1) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 74 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
Commencement Information I102 S. 149 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
150 Community sentence not available where sentence fixed by law etc.
[F192(1)] The power to make a community order or [F193youth rehabilitation order] is not exercisable in respect of an offence for which the sentence—
(a) is fixed by law, (b) falls to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27)
(required custodial sentence for certain firearms offences), (c) falls to be imposed under section 110(2) or 111(2) of the Sentencing Act
(requirement to impose custodial sentences for certain repeated offences committed by offenders aged 18 or over), F194. . .
[F195(ca) falls to be imposed under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (required custodial sentence in certain cases of using someone to mind a weapon),
[ F196(cb)
falls to be imposed under section 224A of this Act (life sentence for second listed offence for certain dangerous offenders),]or]
(d) falls to be imposed under [F197section 225(2) or 226(2) of this Act (requirement to impose sentence of imprisonment for life or detention for life)].
[F198(2) The power to make a community order is not exercisable in respect of an offence for which the sentence—
[F199(a) falls to be imposed under section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons), or
(b) falls to be imposed under section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon).]]
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Textual Amendments F192 S. 150(1): s. 150 renumbered as s. 150(1) (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2),
Sch. 16 para. 23(1)(a); S.I. 2013/2981, art. 2(d) F193 Words in s. 150 substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 75 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F194 Word in s. 150(c) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 65, 66(2),
Sch. 1 para. 9(3), Sch. 5; S.I. 2007/858, art. 2(g)(m)(n)(xvii) F195 S. 150(ca) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 66(2), Sch. 1 para.
9(3); S.I. 2007/858, art. 2(g) F196 S. 150(cb) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 19 para. 10; S.I. 2012/2906, art. 2(q) F197 Words in s. 150(d) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss.
148, 153, Sch. 26 para. 65; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a) F198 S. 150(2) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 23(1)
(b); S.I. 2013/2981, art. 2(d) F199 S. 150(2)(a)(b) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5
para. 13; S.I. 2015/1463, art. 2(b)
Commencement Information I103 S. 150 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
[F200150ACommunity order available only for offences punishable with imprisonment or for persistent offenders previously fined
(1) The power to make a community order is only exercisable in respect of an offence if— (a) the offence is punishable with imprisonment; or (b) in any other case, section 151(2) confers power to make such an order.
(2) For the purposes of this section and section 151 an offence triable either way that was tried summarily is to be regarded as punishable with imprisonment only if it is so punishable by the sentencing court (and for this purpose section 148(1) is to be disregarded).]
Textual Amendments F200 S. 150A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 11(1), 153; S.I.
2008/1586, art. 2(1), Sch. 1 para. 2
PROSPECTIVE
151 Community order [F201or youth rehabilitation order] for persistent offender previously fined
(1) Subsection (2) applies where— This subsection applies to the offender if— (a) a person aged [F20218] or over is convicted of an offence (“the current
offence”),
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(b) on three or more previous occasions he has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine, and
(c) despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a community sentence.
(2) The court may make a community order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.
[F203(2A) Subsection (2B) applies where— (a) a person aged 16 or 17 is convicted of an offence (“the current offence”); (b) on three or more previous occasions the offender has, on conviction by a court
in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and
(c) despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.
(2B) The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.]
(3) The matters referred to in subsection (2) [F204and (2B)] are— (a) the nature of the offences to which the previous convictions mentioned in
subsection (1)(b) relate and their relevance to the current offence, and (b) the time that has elapsed since the offender’s conviction of each of those
offences.
(4) In subsection (1)(b), the reference to conviction by a court in the United Kingdom includes a reference to [F205conviction in service disciplinary proceedings].
(5) For the purposes of subsection (1)(b), [F206an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or] a compensation order [F207, or a service compensation order awarded in service disciplinary proceedings,][F208or a surcharge under section 161A][F209, or an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013][F210or a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015] does not form part of an offender’s sentence.
(6) For the purposes of subsection (1)(b), it is immaterial whether on other previous occasions a court has passed on the offender a sentence not consisting only of a fine.
(7) This section does not limit the extent to which a court may, in accordance with section 143(2), treat any previous convictions of the offender as increasing the seriousness of an offence.
[F211(8) In this section—
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(a) “service disciplinary proceedings” means proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006; and
(b) any reference to conviction or sentence, in the context of service disciplinary proceedings, includes anything that under section 376(1) to (3) of that Act is to be treated as a conviction or sentence.]
Textual Amendments F201 Words in s. 151 title inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 76(2) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F202 Word in s. 151(1)(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss.
6, 153, Sch. 4 para. 76(3) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F203 S.151(2A)(2B) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153,
Sch. 4 para. 76(4) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F204 Words in s. 151(3) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 76(5)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F205 Words in s. 151(4) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed
Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 217(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F206 Words in s. 151(5) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 13; S.I. 2015/778, art. 3, Sch. 1 para. 78
F207 Words in s. 151(5) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 217(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F208 Words in s. 151(5) inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 63; S.I. 2007/602, art. 2(b)(c)
F209 Words in s. 151(5) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 29; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F210 Words in s. 151(5) inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 24; S.I. 2015/1476, reg. 2(j)
F211 S. 151(8) added (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 217(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text) C14 S. 151 applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed
Forces Act 2006 (c. 52), ss. 270(7), 383 (with ss. 254, 271(1), 385); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C15 S. 151 modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order (S.I. 2009/1059), art. 1(3), 205, {Sch. 1 para. 53(6)}
General restrictions on discretionary custodial sentences
152 General restrictions on imposing discretionary custodial sentences
(1) This section applies where a person is convicted of an offence punishable with a custodial sentence other than one—
(a) fixed by law, or (b) falling to be imposed under [F212a provision mentioned in subsection (1A).]
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[F213(1A) The provisions referred to in subsection (1)(b) are— (a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953; (b) section 51A(2) of the Firearms Act 1968; (c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988; (d) section 110(2) or 111(2) of the Sentencing Act; (e) section 224A, 225(2) or 226(2) of this Act; (f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.]
(2) The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence.
(3) Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if—
(a) he fails to express his willingness to comply with a requirement which is proposed by the court to be included in a community order and which requires an expression of such willingness, or
(b) he fails to comply with an order under section 161(2) (pre-sentence drug testing).
Textual Amendments F212 Words in s. 152(1)(b) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 5 para. 14(2); S.I. 2015/1463, art. 2(b) F213 S. 152(1A) inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para.
14(3); S.I. 2015/1463, art. 2(b)
Commencement Information I104 S. 152 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
153 Length of discretionary custodial sentences: general provision
(1) This section applies where a court passes a custodial sentence other than one fixed by law or F214... imposed under section [F215224A,] 225 or 226.
(2) Subject to [F216the provisions listed in subsection (3)] , the custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
[F217(3) The provisions referred to in subsection (2) are— (a) sections 1(2B) and 1A(5) of the Prevention of Crime Act 1953; (b) section 51A(2) of the Firearms Act 1968; (c) sections 139(6B), 139A(5B) and 139AA(7) of the Criminal Justice Act 1988; (d) sections 110(2) and 111(2) of the Sentencing Act; (e) sections 226A(4) and 226B(2) of this Act; (f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.]
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Textual Amendments F214 Words in s. 153(1) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148,
149, 153, Sch. 26 para. 67, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) F215 Words in s. 153(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 19 para. 12; S.I. 2012/2906, art. 2(q) F216 Words in s. 153(2) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 5 para. 15(2); S.I. 2015/1463, art. 2(b) F217 S. 153(3) inserted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para.
15(3); S.I. 2015/1463, art. 2(b)
Commencement Information I105 S. 153 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
PROSPECTIVE
General limit on magistrates' court’s power to impose imprisonment
154 General limit on magistrates' court’s power to impose imprisonment
(1) A magistrates' court does not have power to impose imprisonment for more than 12 months in respect of any one offence.
(2) Unless expressly excluded, subsection (1) applies even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment for more than 12 months.
(3) Subsection (1) is without prejudice to section 133 of the Magistrates' Courts Act 1980 (c. 43) (consecutive terms of imprisonment).
(4) Any power of a magistrates' court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient [F218goods] to satisfy a fine, is not limited by virtue of subsection (1).
(5) In subsection (4) “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
(6) In this section “impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient [F219goods] to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.
(7) Section 132 of the Magistrates' Courts Act 1980 contains provisions about the minimum term of imprisonment which may be imposed by a magistrates' court.
[F220(8) In this section references to want of sufficient goods to satisfy a fine or other sum of money have the meaning given by section 79(4) of the Magistrates' Courts Act 1980.]
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Textual Amendments F218 Word in s. 154(4) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s.
148, Sch. 13 para. 154(2) (with s. 89); S.I. 2014/768, art. 2(1)(b) F219 Word in s. 154(6) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s.
148, Sch. 13 para. 154(2) (with s. 89); S.I. 2014/768, art. 2(1)(b) F220 S. 154(8) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13
para. 154(3) (with s. 89); S.I. 2014/768, art. 2(1)(b)
155 Consecutive terms of imprisonment
(1) Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows.
(2) In subsection (1), for “6 months” there is substituted “ 65 weeks ”.
(3) Subsection (2) is omitted.
(4) In subsection (3) for “the preceding subsections” there is substituted “ subsection (1) above ”.
Procedural requirements for imposing community sentences and discretionary custodial sentences
156 Pre-sentence reports and other requirements
(1) In forming any such opinion as is mentioned in section 148(1) [F221or (2)(b),], section 152(2) or section 153(2), [F222or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders with intensive supervision and surveillance or fostering),] a court must take into account all such information as is available to it about the circumstances of the offence or (as the case may be) of the offence and the offence or offences associated with it, including any aggravating or mitigating factors.
(2) In forming any such opinion as is mentioned in section 148(2)(a) F223... , the court may take into account any information about the offender which is before it.
(3) Subject to subsection (4), a court must obtain and consider a pre-sentence report before—
(a) in the case of a custodial sentence, forming any such opinion as is mentioned in section 152(2), section 153(2), section 225(1)(b), section 226(1)(b), [F224section 226A(1)(b) or section 226B(1)(b)], or
(b) in the case of a community sentence, forming any such opinion as is mentioned in section 148(1) [F225or (2)(b), or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008,] or any opinion as to the suitability for the offender of the particular requirement or requirements to be imposed by the community order [F226or youth rehabilitation order].
(4) Subsection (3) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.
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(5) In a case where the offender is aged under 18, the court must not form the opinion mentioned in subsection (4) unless—
(a) there exists a previous pre-sentence report obtained in respect of the offender, and
(b) the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.
(6) No custodial sentence or community sentence is invalidated by the failure of a court to obtain and consider a pre-sentence report before forming an opinion referred to in subsection (3), but any court on an appeal against such a sentence—
(a) must, subject to subsection (7), obtain a pre-sentence report if none was obtained by the court below, and
(b) must consider any such report obtained by it or by that court.
(7) Subsection (6)(a) does not apply if the court is of the opinion— (a) that the court below was justified in forming an opinion that it was
unnecessary to obtain a pre-sentence report, or (b) that, although the court below was not justified in forming that opinion, in the
circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.
(8) In a case where the offender is aged under 18, the court must not form the opinion mentioned in subsection (7) unless—
(a) there exists a previous pre-sentence report obtained in respect of the offender, and
(b) the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.
[F227(9) References in subsections (1) and (3) to a court forming the opinions mentioned in sections 152(2) and 153(2) include a court forming those opinions for the purposes of section 224A(3).]
[F228(10) The reference in subsection (1) to a court forming the opinion mentioned in section 153(2) includes a court forming that opinion for the purposes of section 226A(6) or 226B(4).]
Textual Amendments F221 Words in s. 156(1) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 77(2)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F222 Words in s. 156(1) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 77(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F223 Words in s. 156(2) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
149, 153, Sch. 4 para. 77(3), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u) (xxxi)
F224 Words in s. 156(3)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 22(2); S.I. 2012/2906, art. 2(s)
F225 Words in s. 156(3)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 77(4)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
F226 Words in s. 156(3)(b) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 77(4)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
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F227 S. 156(9) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 13; S.I. 2012/2906, art. 2(q)
F228 S. 156(10) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 22(3); S.I. 2012/2906, art. 2(s)
Commencement Information I106 S. 156 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
157 Additional requirements in case of mentally disordered offender
(1) Subject to subsection (2), in any case where the offender is or appears to be mentally disordered, the court must obtain and consider a medical report before passing a custodial sentence other than one fixed by law.
(2) Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.
(3) Before passing a custodial sentence other than one fixed by law on an offender who is or appears to be mentally disordered, a court must consider—
(a) any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise), and
(b) the likely effect of such a sentence on that condition and on any treatment which may be available for it.
(4) No custodial sentence which is passed in a case to which subsection (1) applies is invalidated by the failure of a court to comply with that subsection, but any court on an appeal against such a sentence—
(a) must obtain a medical report if none was obtained by the court below, and (b) must consider any such report obtained by it or by that court.
(5) In this section “mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983 (c. 20).
(6) In this section “medical report” means a report as to an offender’s mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State [F229, or by another person by virtue of section 12ZA or 12ZB of that Act,] as having special experience in the diagnosis or treatment of mental disorder.
(7) Nothing in this section is to be taken to limit the generality of section 156.
Textual Amendments F229 Words in s. 157(6) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(5)(d), 306(4);
S.I. 2013/160, art. 2(2) (with arts. 7-9)
Commencement Information I107 S. 157 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
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158 Meaning of “pre-sentence report”
(1) In this Part “pre-sentence report” means a report which— (a) with a view to assisting the court in determining the most suitable method of
dealing with an offender, is made or submitted by an appropriate officer, and (b) contains information as to such matters, presented in such manner, as may be
prescribed by rules made by the Secretary of State.
[F230(1A) Subject to any rules made under subsection (1)(b) and to subsection (1B), the court may accept a pre-sentence report given orally in open court.
(1B) But a pre-sentence report that— (a) relates to an offender aged under 18, and (b) is required to be obtained and considered before the court forms an opinion
mentioned in section 156(3)(a), must be in writing.]
(2) In subsection (1) “an appropriate officer” means— (a) where the offender is aged 18 or over, an officer of a local probation board
[F231or an officer of a provider of probation services] , and (b) where the offender is aged under 18, an officer of a local probation board
[F232, an officer of a provider of probation services] , a social worker of a local authority F233. . . or a member of a youth offending team.
Textual Amendments F230 S. 158(1A)(1B) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 12, 153;
S.I. 2008/1586, art. 2(1), Sch. 1 para. 3 F231 Words in s. 158(2)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential
Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(2)(a) F232 Words in s. 158(2)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential
Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(2)(b) F233 Words in s. 158(2)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss.
64, 67, Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)
Modifications etc. (not altering text) C16 S. 158(1) applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by
Armed Forces Act 2006 (c. 52), ss. 257(1)-(3), 383 (with ss. 271(1), 385); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I108 S. 158 wholly in force at 4.4.2005; s. 158 not in force at Royal Assent, see s. 336(3); s. 158(1)(b) in
force at 7.3.2005 by S.I. 2005/373, art. 2; s. 158 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)
Disclosure of pre-sentence reports etc
159 Disclosure of pre-sentence reports
(1) This section applies where the court obtains a pre-sentence report, other than a report given orally in open court.
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(2) Subject to subsections (3) and (4), the court must give a copy of the report— (a) to the offender or his [F234legal representative], (b) if the offender is aged under 18, to any parent or guardian of his who is present
in court, and (c) to the prosecutor, that is to say, the person having the conduct of the
proceedings in respect of the offence.
(3) If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender or, as the case may be, to that parent or guardian.
(4) If the prosecutor is not of a description prescribed by order made by the Secretary of State, a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for him to be given it.
(5) No information obtained by virtue of subsection (2)(c) may be used or disclosed otherwise than for the purpose of—
(a) determining whether representations as to matters contained in the report need to be made to the court, or
(b) making such representations to the court.
(6) In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—
(a) is in their care, or (b) is provided with accommodation by them in the exercise of any social services
functions, references in this section to his parent or guardian are to be read as references to that authority.
(7) In this section and section 160— “harm” has the same meaning as in section 31 of the Children Act 1989
(c. 41); “local authority” and “parental responsibility” have the same meanings as
in that Act; “social services functions”, in relation to a local authority, has the meaning
given [F235— (a) in relation to England,] by section 1A of the Local Authority Social
Services Act 1970 (c. 42). (b) [F236in relation to Wales, has the meaning given by section 143 of the
Social Services and Well-being (Wales) Act 2014]
Textual Amendments F234 Words in s. 159(2)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21
para. 147 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9) F235 Words in s. 159(7) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014
(Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 211(a) F236 Words in s. 159(7) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014
(Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 211(b)
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Modifications etc. (not altering text) C17 S. 159(1)-(3)(5) applied (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 257(4), 383 (with ss. 271(1), 385); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I109 S. 159 wholly in force at 4.4.2005; s. 159 not in force at Royal Assent, see s. 336(3); s. 159(4) in force
at 7.3.2005 by S.I. 2005/373, art. 2; s. 159 in force at 4.4.2005 in so far as not already in force by S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)
160 Other reports of local probation boards [F237, providers of probation services] and members of youth offending teams
(1) This section applies where— (a) a report by an officer of a local probation board [F238, an officer of a provider
of probation services] or a member of a youth offending team is made to any court (other than a youth court) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence, and
(b) the report is not a pre-sentence report.
(2) Subject to subsection (3), the court must give a copy of the report— (a) to the offender or his [F239legal representative] , and (b) if the offender is aged under 18, to any parent or guardian of his who is present
in court.
(3) If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender, or as the case may be, to that parent or guardian.
(4) In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—
(a) is in their care, or (b) is provided with accommodation by them in the exercise of any social services
functions, references in this section to his parent or guardian are to be read as references to that authority.
Textual Amendments F237 Words in s. 160 inserted (1.4.2008) by The Offender Management Act 2007 (Consequential
Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(3)(a) F238 Words in s. 160(1)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential
Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(3)(b) F239 Words in s. 160(2)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21
para. 148 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)
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Commencement Information I110 S. 160 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
Pre-sentence drug testing
161 Pre-sentence drug testing
(1) Where a person F240. . . is convicted of an offence and the court is considering passing a community sentence or a suspended sentence, it may make an order under subsection (2) for the purpose of ascertaining whether the offender has any specified Class A drug in his body.
(2) The order requires the offender to provide, in accordance with the order, samples of any description specified in the order.
(3) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.
(4) If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with the order it may impose on him a fine of an amount not exceeding level 4.
(5) In subsection (4) “level 4” means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale.
(6) The court may not make an order under subsection (2) unless it has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
(7) F241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this section— “appropriate adult”, in relation to a person under the age of 17, means—
(a) his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,
(b) a social worker of a local authority F242. . . , or (c) if no person falling within paragraph (a) or (b) is available, any
responsible person aged 18 or over who is not a police officer or [F243a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996] ;
“specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43).
Textual Amendments F240 Words in s. 161(1) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
149, 153, Sch. 4 para. 78(a), {Sch. 28 para. Pt. 1} (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p) (xiii)(u)(xxxi)
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F241 S. 161(7) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 78(b), {Sch. 28 para. Pt. 1} (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u) (xxxi)
F242 Words in s. 161(8)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67, Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)
F243 Words in s. 161(8)(c) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 79(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 27
[F244Surcharges
Textual Amendments F244 Ss. 161A, 161B and cross-heading inserted (1.4.2007) by Domestic Violence, Crime and Victims Act
2004 (c. 28), ss. 14(1), 59, 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a)
161A Court’s duty to order payment of surcharge
(1) A court when dealing with a person for one or more offences must also (subject to subsections (2) and (3)) order him to pay a surcharge.
(2) Subsection (1) does not apply in such cases as may be prescribed by an order made by the Secretary of State.
(3) Where a court dealing with an offender considers— (a) that it would be appropriate to make [F245one or more of a compensation order,
an unlawful profit order and a slavery and trafficking reparation order] , but (b) that he has insufficient means to pay both the surcharge [F246and appropriate
amounts under such of those orders as it would be appropriate to make,] the court must reduce the surcharge accordingly (if necessary to nil).
(4) For the purposes of this section a court does not “deal with” a person if it— (a) discharges him absolutely, or (b) makes an order under the Mental Health Act 1983 in respect of him.
[ F247(5)
In [F248this section — "slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015, and] “unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.]
Textual Amendments F245 Words in s. 161A(3)(a) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5
para. 25(2)(a); S.I. 2015/1476, reg. 2(j) F246 Words in s. 161A(3)(b) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5
para. 25(2)(b); S.I. 2015/1476, reg. 2(j) F247 S. 161A(5) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act
2013 (c. 3), s. 12, Sch. para. 30(3); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2 F248 Words in s. 161A(5) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5
para. 25(3); S.I. 2015/1476, reg. 2(j)
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Modifications etc. (not altering text) C18 S. 161A(1) excluded (1.10.2012) by The Criminal Justice Act 2003 (Surcharge) Order 2012 (S.I.
2012/1696), arts. 1(1), 2 C19 S. 161A(1) excluded (1.4.2007) by The Criminal Justice Act 2003 (Surcharge) Order 2007 (S.I.
2007/707), art. 2 C20 S. 161A(1) excluded (1.4.2007) by The Criminal Justice Act 2003 (Surcharge)(No 2) Order 2007 (S.I.
2007/1079), {art. 3}
161B Amount of surcharge
(1) The surcharge payable under section 161A is such amount as the Secretary of State may specify by order.
(2) An order under this section may provide for the amount to depend on— (a) the offence or offences committed, (b) how the offender is otherwise dealt with (including, where the offender is
fined, the amount of the fine), (c) the age of the offender.
This is not to be read as limiting section 330(3) (power to make different provision for different purposes etc).]
Fines
162 Powers to order statement as to offender’s financial circumstances
(1) Where an individual has been convicted of an offence, the court may, before sentencing him, make a financial circumstances order with respect to him.
(2) Where a magistrates' court has been notified in accordance with section 12(4) of the Magistrates' Courts Act 1980 (c. 43) that an individual desires to plead guilty without appearing before the court, the court may make a financial circumstances order with respect to him.
(3) In this section “a financial circumstances order” means, in relation to any individual, an order requiring him to give to the court, within such period as may be specified in the order, such a statement of his [F249assets and other] financial circumstances as the court may require.
(4) An individual who without reasonable excuse fails to comply with a financial circumstances order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) If an individual, in furnishing any statement in pursuance of a financial circumstances order—
(a) makes a statement which he knows to be false in a material particular, (b) recklessly furnishes a statement which is false in a material particular, or (c) knowingly fails to disclose any material fact,
he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6) Proceedings in respect of an offence under subsection (5) may, notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43) (limitation of
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time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.
Textual Amendments F249 Words in s. 162(3) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para.
24; S.I. 2013/2981, art. 2(d)
Commencement Information I111 S. 162 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
163 General power of Crown Court to fine offender convicted on indictment
Where a person is convicted on indictment of any offence, other than an offence for which the sentence is fixed by law or falls to be imposed under section 110(2) or 111(2) of the Sentencing Act or under [F250section [F251224A,] 225(2) or 226(2)] of this Act, the court, if not precluded from sentencing an offender by its exercise of some other power, may impose a fine instead of or in addition to dealing with him in any other way in which the court has power to deal with him, subject however to any enactment requiring the offender to be dealt with in a particular way.
Textual Amendments F250 Words in s. 163 substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148,
153, Sch. 26 para. 68; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a) F251 Words in s. 163 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 19 para. 14; S.I. 2012/2906, art. 2(q)
Commencement Information I112 S. 163 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
164 Fixing of fines
(1) Before fixing the amount of any fine to be imposed on an offender who is an individual, a court must inquire into his financial circumstances.
(2) The amount of any fine fixed by a court must be such as, in the opinion of the court, reflects the seriousness of the offence.
(3) In fixing the amount of any fine to be imposed on an offender (whether an individual or other person), a court must take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.
(4) Subsection (3) applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.
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[F252(4A) In applying subsection (3), a court must not reduce the amount of a fine on account of any surcharge it orders the offender to pay under section 161A, except to the extent that he has insufficient means to pay both.]
(5) Where— (a) an offender has been convicted in his absence in pursuance of section 11 or
12 of the Magistrates' Courts Act 1980 (c. 43) (non-appearance of accused), [F253(aa) an offender has been convicted in the offender's absence in proceedings
conducted in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers),] or
(b) an offender— (i) has failed to furnish a statement of his financial circumstances in
response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (c. 53) (offence of making false statement as to financial circumstances),
(ii) has failed to comply with an order under section 162(1), or (iii) has otherwise failed to co-operate with the court in its inquiry into his
financial circumstances, and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.
Textual Amendments F252 S. 164(4A) inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 14(2),
59, 60 (with Sch. 12 para. 7); S.I. 2007/602, art. 2(a) F253 S. 164(5)(aa) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11
para. 23; S.I. 2015/778, art. 3, Sch. 1 para. 77
Commencement Information I113 S. 164 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
165 Remission of fines
(1) This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 164(5).
(2) If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—
(a) have fixed a smaller amount, or (b) not have fined him,
it may remit the whole or part of the fine.
(3) Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 139 of the Sentencing Act (powers of Crown Court in relation to fines) or section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default) it must reduce the term by the corresponding proportion.
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(4) In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.
[F254(5) Where— (a) under this section the court remits the whole or part of a fine, and (b) the offender was ordered under section 161A to pay a surcharge the amount
of which was set by reference to the amount of the fine, the court must determine how much the surcharge would have been if the fine had not included the amount remitted, and remit the balance of the surcharge.]
Textual Amendments F254 S. 165(5) inserted (1.6.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss.
179(3), 185(1) (with ss. 4, 21, 33, 42, 58, 75, 93, 179(4)); S.I. 2014/949, art. 4
Commencement Information I114 S. 165 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
Savings for power to mitigate etc
166 Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders
(1) Nothing in— (a) section 148 [F255or (2B)](imposing community sentences), (b) section 152, 153 or 157 (imposing custodial sentences), (c) section 156 (pre-sentence reports and other requirements), (d) section 164 (fixing of fines),
[F256(e) paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance), or
(f) paragraph 4 of Schedule 1 to that Act (youth rehabilitation order with fostering),]
prevents a court from mitigating an offender’s sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.
(2) Section 152(2) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that a community sentence could not normally be justified for the offence.
(3) Nothing in the sections mentioned in subsection (1)(a) to [F257(f)] prevents a court— (a) from mitigating any penalty included in an offender’s sentence by taking into
account any other penalty included in that sentence, and (b) in the case of an offender who is convicted of one or more other offences,
from mitigating his sentence by applying any rule of law as to the totality of sentences.
(4) Subsections (2) and (3) are without prejudice to the generality of subsection (1).
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(5) Nothing in the sections mentioned in subsection (1)(a) to [F258(f)] is to be taken— (a) as requiring a court to pass a custodial sentence, or any particular custodial
sentence, on a mentally disordered offender, or (b) as restricting any power (whether under the Mental Health Act 1983 (c. 20) or
otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.
(6) In subsection (5) “mentally disordered”, in relation to a person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983.
Textual Amendments F255 Words in s. 166(1)(a) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 76(7) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F256 S. 166(1)(e)(f) added (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153,
Sch. 4 para. 79(2) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F257 Word in s. 166(3) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 79(3) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F258 Word in s. 166(5) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 79(3) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
Commencement Information I115 S. 166 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
Sentencing and allocation guidelines
167 The Sentencing Guidelines Council F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F259 Ss. 167-173 repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4
(with s. 180); S.I. 2010/816, art. 2, Sch. paras. 15, 22(b)
168 Sentencing Guidelines Council: supplementary provisions F260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F260 Ss. 167-173 repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4
(with s. 180); S.I. 2010/816, art. 2, Sch. paras. 15, 22(b)
169 The Sentencing Advisory Panel F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Textual Amendments F261 Ss. 167-173 repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4
(with s. 180); S.I. 2010/816, art. 2, Sch. paras. 15, 22(b)
170 Guidelines relating to sentencing and allocation F262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F262 Ss. 167-173 repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4
(with s. 180); S.I. 2010/816, art. 2, Sch. paras. 15, 22(b)
171 Functions of Sentencing Advisory Panel in relation to guidelines F263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F263 Ss. 167-173 repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4
(with s. 180); S.I. 2010/816, art. 2, Sch. paras. 15, 22(b)
172 Duty of court to have regard to sentencing guidelines F264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F264 Ss. 167-173 repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4
(with s. 180); S.I. 2010/816, art. 2, Sch. paras. 15, 22(b) (with art. 7(2))
173 Annual report by Council F265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F265 Ss. 167-173 repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4
(with s. 180); S.I. 2010/816, art. 2, Sch. paras. 15, 22(b)
Duty of court to explain sentence
[F266174 Duty to give reasons for and to explain effect of sentence
(1) A court passing sentence on an offender has the duties in subsections (2) and (3).
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(2) The court must state in open court, in ordinary language and in general terms, the court's reasons for deciding on the sentence.
(3) The court must explain to the offender in ordinary language— (a) the effect of the sentence, (b) the effects of non-compliance with any order that the offender is required to
comply with and that forms part of the sentence, (c) any power of the court to vary or review any order that forms part of the
sentence, and (d) the effects of failure to pay a fine, if the sentence consists of or includes a fine.
(4) Criminal Procedure Rules may— (a) prescribe cases in which either duty does not apply, and (b) make provision about how an explanation under subsection (3) is to be given.
(5) Subsections (6) to (8) are particular duties of the court in complying with the duty in subsection (2).
(6) The court must identify any definitive sentencing guidelines relevant to the offender's case and—
(a) explain how the court discharged any duty imposed on it by section 125 of the Coroners and Justice Act 2009 (duty to follow guidelines unless satisfied it would be contrary to the interests of justice to do so);
(b) where the court was satisfied it would be contrary to the interests of justice to follow the guidelines, state why.
(7) Where, as a result of taking into account any matter referred to in section 144(1) (guilty pleas), the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, the court must state that fact.
(8) Where the offender is under 18 and the court imposes a sentence that may only be imposed in the offender's case if the court is of the opinion mentioned in—
(a) section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act (youth rehabilitation order with intensive supervision and surveillance or with fostering), or
(b) section 152(2) of this Act (discretionary custodial sentence), the court must state why it is of that opinion.
(9) In this section “definitive sentencing guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued.]
Textual Amendments F266 S. 174 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 64(2), 151(1); S.I. 2012/2906, art. 2(a)
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Publication of information by Secretary of State
175 Duty to publish information about sentencing
In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial and other purposes) in subsection (1) before the “or” at the end of paragraph (a) there is inserted—
“(aa) enabling such persons to become aware of the relative effectiveness of different sentences—
(i) in preventing re-offending, and (ii) in promoting public confidence in the criminal justice
system;”.
Commencement Information I116 S. 175 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to
art. 2(2), Sch. 2)
Interpretation of Chapter
176 Interpretation of Chapter 1
In this Chapter— F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “sentence” and “sentencing” are to be read in accordance with section 142(3); F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F269“youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008; “youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act; “youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act. ]
Textual Amendments F267 S. 176: definitions of "allocation guidelines", "the Council" and "the Panel", "sentence" and
"sentencing", "sentencing guidelines", "youth community order" repealed (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 178, 182, Sch. 23 Pt. 4 (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 15, 22(b)(iv)
F268 S. 176: definition of "youth community order" repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 81(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)
F269 S. 176: definitions of "youth rehabilitation order", "youth rehabilitation order with fostering" and "youth rehabilitation order with intensive supervision and surveillance" added (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 81(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
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Commencement Information I117 S. 176 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-
(6))
CHAPTER 2
COMMUNITY ORDERS: OFFENDERS AGED 16 OR OVER
177 Community orders F270(1) Where a person aged [F27118] or over is convicted of an offence, the court by or before
which he is convicted may make an order (in this Part referred to as a “community order”) imposing on him any one or more of the following requirements—
(a) an unpaid work requirement (as defined by section 199), [F272(aa) a rehabilitation activity requirement (as defined by section 200A),]
F273(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) a programme requirement (as defined by section 202), (d) a prohibited activity requirement (as defined by section 203), (e) a curfew requirement (as defined by section 204), (f) an exclusion requirement (as defined by section 205), (g) a residence requirement (as defined by section 206),
[F274(ga) a foreign travel prohibition requirement (as defined by section 206A),] (h) a mental health treatment requirement (as defined by section 207), (i) a drug rehabilitation requirement (as defined by section 209), (j) an alcohol treatment requirement (as defined by section 212),
[F275(ja) an alcohol abstinence and monitoring requirement (as defined by section 212A),]
F276(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l) in a case where the offender is aged under 25, an attendance centre
requirement (as defined by section 214)[F277, and (m) an electronic monitoring requirement (as defined by section 215).]
(2) Subsection (1) has effect subject to sections 150 and 218 and to the following provisions of Chapter 4 relating to particular requirements—
(a) section 199(3) (unpaid work requirement), F278(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F279(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) section 203(2) (prohibited activity requirement), (e) section 207(3) (mental health treatment requirement), (f) section 209(2) (drug rehabilitation requirement), F280... (g) section 212(2) and (3) (alcohol treatment requirement)[F281, F282... (h) section 212A(8) to (12) (alcohol abstinence and monitoring
requirement).][F283, and (i) section 215(2) (electronic monitoring requirement).]
[F284(2A) Where the court makes a community order, the court must—
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(a) include in the order at least one requirement imposed for the purpose of punishment, or
(b) impose a fine for the offence in respect of which the community order is made, or
(c) comply with both of paragraphs (a) and (b).
(2B) Subsection (2A) does not apply where there are exceptional circumstances which— (a) relate to the offence or to the offender, (b) would make it unjust in all the circumstances for the court to comply with
subsection (2A)(a) in the particular case, and (c) would make it unjust in all the circumstances for the court to impose a fine
for the offence concerned.]
(3) Where the court makes a community order imposing a curfew requirement or an exclusion requirement, the court must also impose an electronic monitoring requirement [F285within section 215(1)(a) for securing the electronic monitoring of the curfew or exclusion requirement] unless—
(a) it is prevented from doing so by section 215(2) or 218(4), or (b) in the particular circumstances of the case, it considers it inappropriate to do
so. F286(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A community order must specify a date [F287(“the end date”)], not more than three years after the date of the order, by which all the requirements in it must have been complied withF288...
[F289(5A) If a community order imposes two or more different requirements falling within subsection (1), the order may also specify a date by which each of those requirements must have been complied with; and the last of those dates must be the same as the end date.
(5B) Subject to section 200(3) (duration of community order imposing unpaid work requirement), a community order ceases to be in force on the end date.]
(6) Before making a community order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.
Textual Amendments F270 Word in s. 177(1) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018,
13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(2)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F271 Word in s. 177(1) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 82 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
F272 S. 177(1)(aa) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 15(2), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(m)
F273 S. 177(1)(b) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 2(2) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F274 S. 177(1)(ga) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 72(1), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)
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F275 S. 177(1)(ja) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(2), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F276 S. 177(1)(k) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 2(2) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F277 S. 177(1)(m) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(2)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F278 S. 177(2)(b) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 2(3) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F279 S. 177(2)(c) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 70(1), 151(1); S.I. 2012/2906, art. 2(a)
F280 Word in s. 177(2)(f) omitted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(3)(a), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F281 S. 177(2)(h) and word inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(3)(b), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F282 Word in s. 177(2) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(3)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F283 S. 177(2)(i) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(3)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F284 S. 177(2A)(2B) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 2 (with Sch. 16 para. 4); S.I. 2013/2981, art. 2(d)
F285 Words in s. 177(3) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(4); S.I. 2016/962, art. 2 (with
156 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
Chapter 2 – Community orders: offenders aged 16 or over Document Generated: 2021-03-17
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F286 S. 177(4) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 12(5); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F287 Words in s. 177(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 66(1)(a), 151(1); S.I. 2012/2906, art. 2(a)
F288 Words in s. 177(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 66(1)(b), 151(1); S.I. 2012/2906, art. 2(a)
F289 S. 177(5A)(5B) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 66(2), 151(1); S.I. 2012/2906, art. 2(a)
Modifications etc. (not altering text) C21 S. 177(2A)(2B) modified by 2006 c. 52, s. 182(3A) (as inserted (11.12.2013) by Crime and Courts Act
2013 (c. 22), s. 61(2), Sch. 16 para. 33(2) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)) C22 S. 177(3)-(6) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 178(3)(4), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C23 S. 177(5)(6) extended (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(4)-(6), 383 (subject to s. 183) (as amended (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(3) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I118 S. 177 wholly in force at 4.4.2009; s. 177 not in force at Royal Assent, see s. 336(3); s. 177 in force for
certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 8 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)
178 Power to provide for court review of community orders
(1) The Secretary of State may by order— (a) enable or require a court making a community order to provide for the
community order to be reviewed periodically by that or another court, (b) enable a court to amend a community order so as to include or remove a
provision for review by a court, and (c) make provision as to the timing and conduct of reviews and as to the powers
of the court on a review.
(2) An order under this section may, in particular, make provision in relation to community orders corresponding to any provision made by sections 191 and 192 in relation to suspended sentence orders.
(3) An order under this section may repeal or amend any provision of this Part.
Modifications etc. (not altering text) C24 S. 178 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 178(3)(4), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
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179 Breach, revocation or amendment of community order
Schedule 8 (which relates to failures to comply with the requirements of community orders and to the revocation or amendment of such orders) shall have effect.
Commencement Information I119 S. 179 wholly in force at 4.4.2009; s. 179 not in force at Royal Assent, see s. 336(3); s. 179 in force for
certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 8 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)
180 Transfer of community orders to Scotland or Northern Ireland
Schedule 9 (transfer of community orders to Scotland or Northern Ireland) shall have effect.
Commencement Information I120 S. 180 wholly in force at 4.4.2009; s. 180 not in force at Royal Assent, see s. 336(3); s. 180 in force for
certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 8 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)
CHAPTER 3
[F290SUSPENDED SENTENCE ORDERS]
Textual Amendments F290 Pt. 12 Ch. 3 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 9 para. 3 (with s. 68(7)); S.I. 2012/2906, art. 2(g)
Prison sentences of less than 12 months
F291181 Prison sentences of less than 12 months
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F291 Ss. 181-188 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 89(1)(a), 151(1); S.I. 2012/2906, art. 2(a)
F291182 Licence conditions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
158 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
Chapter 3 – Suspended sentence orders Document Generated: 2021-03-17
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Textual Amendments F291 Ss. 181-188 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 89(1)(a), 151(1); S.I. 2012/2906, art. 2(a)
Intermittent custody
F291183 Intermittent custody
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F291 Ss. 181-188 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 89(1)(a), 151(1); S.I. 2012/2906, art. 2(a)
F291184 Restrictions on power to make intermittent custody order
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F291 Ss. 181-188 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 89(1)(a), 151(1); S.I. 2012/2906, art. 2(a)
F291185 Intermittent custody: licence conditions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F291 Ss. 181-188 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 89(1)(a), 151(1); S.I. 2012/2906, art. 2(a)
F291186 Further provisions relating to intermittent custody
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F291 Ss. 181-188 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 89(1)(a), 151(1); S.I. 2012/2906, art. 2(a)
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Further provision about custody plus orders and intermittent custody orders
F291187 Revocation or amendment of order
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F291 Ss. 181-188 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 89(1)(a), 151(1); S.I. 2012/2906, art. 2(a)
F291188 Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F291 Ss. 181-188 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 89(1)(a), 151(1); S.I. 2012/2906, art. 2(a)
Suspended sentences
189 Suspended sentences of imprisonment
[F292(1) If a court passes a sentence of imprisonment for a term of least 14 days but not more than 2 years, it may make an order providing that the sentence of imprisonment is not to take effect unless—
(a) during a period specified in the order for the purposes of this paragraph (“the operational period”) the offender commits another offence in the United Kingdom (whether or not punishable with imprisonment), and
(b) a court having power to do so subsequently orders under paragraph 8 of Schedule 12 that the original sentence is to take effect.
(1A) An order under subsection (1) may also provide that the offender must comply during a period specified in the order for the purposes of this subsection (“the supervision period”) with one or more requirements falling within section 190(1) and specified in the order.
(1B) Where an order under subsection (1) contains provision under subsection (1A), it must provide that the sentence of imprisonment will also take effect if—
(a) during the supervision period the offender fails to comply with a requirement imposed under subsection (1A), and
(b) a court having power to do so subsequently orders under paragraph 8 of Schedule 12 that the original sentence is to take effect.]
(2) Where two or more sentences imposed on the same occasion are to be served consecutively, the power conferred by subsection (1) is not exercisable in relation to any of them unless the aggregate of the terms of the sentences [F293does not exceed 2 years].
160 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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(3) The supervision period [F294(if any)] and the operational period must each be a period of not less than six months and not more than two years beginning with the date of the order.
(4) [F295Where an order under subsection (1) imposes one or more community requirements,] the supervision period must not end later than the operational period.
(5) A court which passes a suspended sentence on any person for an offence may not impose a community sentence in his case in respect of that offence or any other offence of which he is convicted by or before the court or for which he is dealt with by the court.
(6) Subject to any provision to the contrary contained in the Criminal Justice Act 1967 (c. 80), the Sentencing Act or any other enactment passed or instrument made under any enactment after 31st December 1967, a suspended sentence which has not taken effect under paragraph 8 of Schedule 12 is to be treated as a sentence of imprisonment for the purposes of all enactments and instruments made under enactments.
(7) In this Part— (a) “suspended sentence order” means an order under subsection (1), (b) “suspended sentence” means a sentence to which a suspended sentence order
relates, and (c) “community requirement”, in relation to a suspended sentence order, means
a requirement imposed under subsection [F296(1A)].
Textual Amendments F292 S. 189(1)-(1B) substituted for s. 189(1) (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 68(1), 151(1) (with s. 68(7)); S.I. 2012/2906, art. 2(a) F293 Words in s. 189(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 68(2), 151(1) (with s. 68(7)); S.I. 2012/2906, art. 2(a) F294 Words in s. 189(3) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 68(3), 151(1) (with s. 68(7)); S.I. 2012/2906, art. 2(a) F295 Words in s. 189(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 68(4), 151(1) (with s. 68(7)); S.I. 2012/2906, art. 2(a) F296 Words in s. 189(7)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 68(5), 151(1) (with s. 68(7)); S.I. 2012/2906, art. 2(a)
Modifications etc. (not altering text) C25 S. 189 modified (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C26 S. 189 modified (temp.) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 9 para. 20 (with s. 68(7)); S.I. 2012/2906, art. 2(g)
C27 S. 189(1) modified (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 200(2)(5), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I121 S. 189 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to
art. 2(2), Sch. 2)
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190 Imposition of requirements by suspended sentence order F297(1) The requirements falling within this subsection are—
(a) an unpaid work requirement (as defined by section 199), [F298(aa) a rehabilitation activity requirement (as defined by section 200A),]
F299(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) a programme requirement (as defined by section 202), (d) a prohibited activity requirement (as defined by section 203), (e) a curfew requirement (as defined by section 204), (f) an exclusion requirement (as defined by section 205), (g) a residence requirement (as defined by section 206),
[F300(ga) a foreign travel prohibition requirement (as defined by section 206A),] (h) a mental health treatment requirement (as defined by section 207), (i) a drug rehabilitation requirement (as defined by section 209), (j) an alcohol treatment requirement (as defined by section 212),
[F301(ja) an alcohol abstinence and monitoring requirement (as defined by section 212A),]
F302(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l) in a case where the offender is aged under 25, an attendance centre
requirement (as defined by section 214)[F303, and (m) an electronic monitoring requirement (as defined by section 215).]
(2) Section [F304189(1A)] has effect subject to section 218 and to the following provisions of Chapter 4 relating to particular requirements—
(a) section 199(3) (unpaid work requirement), F305(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F306(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) section 203(2) (prohibited activity requirement), (e) section 207(3) (mental health treatment requirement), (f) section 209(2) (drug rehabilitation requirement), F307... (g) section 212(2) and (3) (alcohol treatment requirement) [F308, F309... (h) section 212A(8) to (12) (alcohol abstinence and monitoring
requirement).][F310, and (i) section 215(2) (electronic monitoring requirement).]
(3) Where the court makes a suspended sentence order imposing a curfew requirement or an exclusion requirement, it must also impose an electronic monitoring requirement [F311within section 215(1)(a) for securing the electronic monitoring of the curfew or exclusion requirement] unless—
(a) the court is prevented from doing so by section 215(2) or 218(4), or (b) in the particular circumstances of the case, it considers it inappropriate to do
so. F312(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Before making a suspended sentence order imposing two or more different requirements falling within subsection (1), the court must consider whether, in the circumstances of the case, the requirements are compatible with each other.
162 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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Textual Amendments F297 Word in s. 190(1) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018,
13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(2)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F298 S. 190(1)(aa) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 15(2), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(m)
F299 S. 190(1)(b) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 3(2) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F300 S. 190(1)(ga) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 72(3), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)
F301 S. 190(1)(ja) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(4), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F302 S. 190(1)(k) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 3(2) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F303 S. 190(1)(m) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(2)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F304 Words in s. 190(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 9 para. 4 (with s. 68(7)); S.I. 2012/2906, art. 2(g)
F305 S. 190(2)(b) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 3(3) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F306 S. 190(2)(c) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 70(2), 151(1); S.I. 2012/2906, art. 2(a)
F307 Word in s. 190(2)(f) omitted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(5)(a), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F308 S. 190(2)(h) and word inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(5)(b), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as
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amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F309 Word in s. 190(2) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(3)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F310 S. 190(2)(i) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(3)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F311 Words in s. 190(3) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(4); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F312 S. 190(4) omitted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 13(5); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
Modifications etc. (not altering text) C28 S. 190 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C29 Ss. 190-192 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I122 S. 190 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to
art. 2(2), Sch. 2)
191 Power to provide for review of suspended sentence order
(1) A suspended sentence order [F313that imposes one or more community requirements] may—
(a) provide for the order to be reviewed periodically at specified intervals, (b) provide for each review to be made, subject to section 192(4), at a hearing held
for the purpose by the court responsible for the order (a “review hearing”), (c) require the offender to attend each review hearing, and (d) provide for [F314an officer of a provider of probation services] to make to the
court responsible for the order, before each review, a report on the offender’s progress in complying with the community requirements of the order.
(2) Subsection (1) does not apply in the case of an order imposing a drug rehabilitation requirement (provision for such a requirement to be subject to review being made by section 210).
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(3) In this section references to the court responsible for a suspended sentence order are references—
(a) where a court is specified in the order in accordance with subsection (4), to that court;
(b) in any other case, to the court by which the order is made.
(4) Where the area specified in a suspended sentence order made by a magistrates' court is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purpose of subsection (3) a magistrates' court which acts for the area specified in the order.
(5) Where a suspended sentence order has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, it is to be taken for the purposes of subsection (3)(b) to have been made by the Crown Court.
Textual Amendments F313 Words in s. 191(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 9 para. 5 (with s. 68(7)); S.I. 2012/2906, art. 2(g) F314 Words in s. 191(1)(d) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch.
4 para. 2; S.I. 2014/1287, art. 2(d)
Modifications etc. (not altering text) C30 Ss. 190-192 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C31 S. 191 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 203(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I123 S. 191 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to
art. 2(2), Sch. 2)
192 Periodic reviews of suspended sentence order
(1) At a review hearing (within the meaning of subsection (1) of section 191) the court may, after considering the F315... officer’s report referred to in that subsection [F316(“the review officer's report”)], amend the community requirements of the suspended sentence order, or any provision of the order which relates to those requirements.
(2) The court— (a) may not amend the community requirements of the order so as to impose a
requirement of a different kind unless the offender expresses his willingness to comply with that requirement,
(b) may not amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended,
(c) may amend the supervision period only if the period as amended complies with section 189(3) and (4),
(d) may not amend the operational period of the suspended sentence, and
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(e) except with the consent of the offender, may not amend the order while an appeal against the order is pending.
(3) For the purposes of subsection (2)(a)— (a) a community requirement falling within any paragraph of section 190(1) is
of the same kind as any other community requirement falling within that paragraph, and
(b) an electronic monitoring requirement [F317within section 215(1)(a)] is a community requirement of the same kind as any requirement falling within section [F318190(1)(a) to (n( �b>] to which it relates.
(4) If before a review hearing is held at any review the court, after considering the [F319review] officer’s report, is of the opinion that the offender’s progress in complying with the community requirements of the order is satisfactory, it may order that no review hearing is to be held at that review; and if before a review hearing is held at any review, or at a review hearing, the court, after considering that report, is of that opinion, it may amend the suspended sentence order so as to provide for each subsequent review to be held without a hearing.
(5) If at a review held without a hearing the court, after considering the [F320review] officer’s report, is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
(6) If at a review hearing the court is of the opinion that the offender has without reasonable excuse failed to comply with any of the community requirements of the order, the court may adjourn the hearing for the purpose of dealing with the case under paragraph 8 of Schedule 12.
(7) At a review hearing the court may amend the suspended sentence order so as to vary the intervals specified under section 191(1).
(8) In this section any reference to the court, in relation to a review without a hearing, is to be read—
(a) in the case of the Crown Court, as a reference to a judge of the court, and (b) in the case of a magistrates' court, as a reference to a justice of the peace F321. . . .
Textual Amendments F315 Word in s. 192(1) omitted (1.6.2014) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1),
Sch. 4 para. 3(2)(a); S.I. 2014/1287, art. 2(d) F316 Words in s. 192(1) inserted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4
para. 3(2)(b); S.I. 2014/1287, art. 2(d) F317 Words in s. 192(3)(b) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018,
13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 14(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F318 Words in s. 192(3)(b) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 14(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
166 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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F319 Word in s. 192(4) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 3(3); S.I. 2014/1287, art. 2(d)
F320 Word in s. 192(5) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 3(3); S.I. 2014/1287, art. 2(d)
F321 Words in s. 192(8)(b) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I.2005/886), art. 2, Sch. para. 101
Modifications etc. (not altering text) C32 Ss. 190-192 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I124 S. 192 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to
art. 2(2), Sch. 2)
193 Breach, revocation or amendment of suspended sentence order, and effect of further conviction
Schedule 12 (which relates to the breach, revocation or amendment of the community requirements of suspended sentence orders, and to the effect of any further conviction) shall have effect.
Commencement Information I125 S. 193 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to
art. 2(2), Sch. 2)
194 Transfer of suspended sentence orders to Scotland or Northern Ireland
Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland) shall have effect.
Commencement Information I126 S. 194 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 9 (subject to
art. 2(2), Sch. 2)
Interpretation of Chapter
195 Interpretation of Chapter 3
In this Chapter— F322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F323“the operational period”, in relation to a suspended sentence, has the
meaning given by section 189(1)(a);]
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“sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.
[F324“the supervision period”, in relation to a suspended sentence, has the meaning given by section 189(1A).]
Textual Amendments F322 Words in s. 195 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 10 para. 13; S.I. 2012/2906, art. 2(h) F323 Words in s. 195 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 9 para. 6(2) (with s. 68(7)); S.I. 2012/2906, art. 2(g) F324 Words in s. 195 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 9 para. 6(3) (with s. 68(7)); S.I. 2012/2906, art. 2(g)
Commencement Information I127 S. 195 wholly in force at 4.4.2005; s. 195 not in force at Royal Assent, see s. 336(3); s. 195 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 195 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 10 (subject to art. 2(2), Sch. 2)
CHAPTER 4
FURTHER PROVISIONS ABOUT ORDERS UNDER CHAPTERS 2 AND 3
Modifications etc. (not altering text) C33 Pt. 12 Ch. 4 applied (with modifications) (8.12.2008) by Children Act 1989 (c. 41), Sch. A1 paras. 1-3
(as inserted by the Children and Adoption Act 2006 (c. 20), ss. 4(2), 17, Sch. 1); S.I. 2008/2870, art. 2(2)(c) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 18(12), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(p))
C34 Pt. 12 Ch. 4 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(3)(4), 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 Pt. 12 Ch. 4 extended (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(4)-(6), 383 (subject to s. 183) (as amended (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(3) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C35 Pt. 12 Ch. 4 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Introductory
196 Meaning of “relevant order” [F325etc]
(1) In this Chapter “relevant order” means— (a) a community order, [F326or]
F327(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) a suspended sentence order, F328...
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F328(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F329(1A) In this Chapter “suspended sentence order” means a suspended sentence order that imposes one or more community requirements.]
F330(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F325 Word in s. 196 heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 9 para. 7(2) (with s. 68(7)); S.I. 2012/2906, art. 2(g) F326 Word in s. 196(1)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 14(2)(a); S.I. 2012/2906, art. 2(h) F327 S. 196(1)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 14(2)(b); S.I. 2012/2906, art. 2(h) F328 S. 196(1)(d) and preceding word omitted (3.12.2012) by virtue of Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 14(2)(c); S.I. 2012/2906, art. 2(h) F329 S. 196(1A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 9 para. 7(3) (with s. 68(7)); S.I. 2012/2906, art. 2(g) F330 S. 196(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 14(3); S.I. 2012/2906, art. 2(h)
Commencement Information I128 S. 196 partly in force; s. 196 not in force at Royal Assent, see s. 336(3); s. 196(1)(d)(2) in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 196(1)(a)(c) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 11 (subject to art. 2(2), Sch. 2)
[F331197 Meaning of “the responsible officer”
(1) For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a relevant order relates, means the person who is for the time being responsible for discharging the functions conferred by this Part on the responsible officer in accordance with arrangements made by the Secretary of State.
(2) The responsible officer must be— (a) an officer of a provider of probation services, or (b) a person responsible for monitoring the offender in accordance with an
electronic monitoring requirement imposed by the relevant order.]
Textual Amendments F331 S. 197 substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), ss. 14(1), 22(1); S.I.
2014/1287, art. 2(b)
Modifications etc. (not altering text) C36 S. 197(1)(2) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I129 S. 197 partly in force; s. 197 not in force at Royal Assent, see s. 336(3); s. 197 in force for certain
purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 197(3)(4) in force at 7.3.2005 by S.I.
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2005/373, art. 2; s. 197 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 12 (subject to art. 2(2), Sch. 2)
198 Duties of responsible officer
(1) Where a relevant order has effect, it is the duty of the responsible officer— (a) to make any arrangements that are necessary in connection with the
requirements imposed by the order, [F332and] (b) to promote the offender’s compliance with those requirements, F333...
F333(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F334(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F332 Word in s. 198(1)(a) inserted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4
para. 11(2)(a); S.I. 2014/1287, art. 2(d) F333 S. 198(1)(c) and preceding word omitted (1.6.2014) by virtue of Offender Rehabilitation Act 2014
(c. 11), s. 22(1), Sch. 4 para. 11(2)(b); S.I. 2014/1287, art. 2(d) F334 S. 198(2) omitted (1.6.2014) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4
para. 11(3); S.I. 2014/1287, art. 2(d)
Modifications etc. (not altering text) C37 S. 198(1) modified by 2006 c. 52, s. 183(1A) (as inserted (1.6.2014) by Offender Rehabilitation Act
2014 (c. 11), s. 22(1), Sch. 6 para. 4(3) (with s. 23(4)); S.I. 2014/1287, art. 2(e))
Commencement Information I130 S. 198 wholly in force at 4.4.2005; s.198 not in force at Royal Assent, see s. 336(3); s. 198 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 198 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 12 (subject to art. 2(2), Sch. 2)
Requirements available in case of all offenders
199 Unpaid work requirement
(1) In this Part “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with section 200.
(2) The number of hours which a person may be required to work under an unpaid work requirement must be specified in the relevant order and must be in the aggregate—
(a) not less than 40, and (b) not more than 300.
(3) A court may not impose an unpaid work requirement in respect of an offender unless after hearing (if the courts thinks necessary) an [F335officer of a local probation board or an officer of a provider of probation services] , the court is satisfied that the offender is a suitable person to perform work under such a requirement.
(4) F336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(5) Where the court makes relevant orders in respect of two or more offences of which the offender has been convicted on the same occasion and includes unpaid work requirements in each of them, the court may direct that the hours of work specified in any of those requirements is to be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum specified in subsection (2)(b).
Textual Amendments F335 Words in s. 199(3) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 84(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F336 S. 199(4) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153,
Sch. 4 para. 84(b), Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)
Commencement Information I131 S. 199 wholly in force at 4.4.2005; s. 199 not in force at Royal Assent, see s. 336(3); s. 199 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 199 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)
200 Obligations of person subject to unpaid work requirement
(1) An offender in respect of whom an unpaid work requirement of a relevant order is in force must perform for the number of hours specified in the order such work at such times as he may be instructed by the responsible officer.
(2) Subject to paragraph 20 of Schedule 8 and paragraph 18 of Schedule 12 (power to extend order), the work required to be performed under an unpaid work requirement of a community order or a suspended sentence order must be performed during a period of twelve months.
(3) Unless revoked, a community order imposing an unpaid work requirement remains in force until the offender has worked under it for the number of hours specified in it.
(4) Where an unpaid work requirement is imposed by a suspended sentence order, the supervision period as defined by section [F337189(1A)] continues until the offender has worked under the order for the number of hours specified in the order, but does not continue beyond the end of the operational period as defined by section [F338189(1)(a)].
Textual Amendments F337 Word in s. 200(4) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 9 para. 8(a) (with s. 68(7)); S.I. 2012/2906, art. 2(g) F338 Word in s. 200(4) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 9 para. 8(b) (with s. 68(7)); S.I. 2012/2906, art. 2(g)
Commencement Information I132 S. 200 wholly in force at 4.4.2005; s. 200 not in force at Royal Assent, see s. 336(3); s. 200(1) in force
for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 200 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)
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[F339200ARehabilitation activity requirement
(1) In this Part “rehabilitation activity requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must comply with any instructions given by the responsible officer to attend appointments or participate in activities or both.
(2) A relevant order imposing a rehabilitation activity requirement must specify the maximum number of days for which the offender may be instructed to participate in activities.
(3) Any instructions given by the responsible officer must be given with a view to promoting the offender's rehabilitation; but this does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation.
(4) The responsible officer may instruct the offender to attend appointments with the responsible officer or with someone else.
(5) The responsible officer, when instructing the offender to participate in activities, may require the offender to—
(a) participate in specified activities and, while doing so, comply with instructions given by the person in charge of the activities, or
(b) go to a specified place and, while there, comply with any instructions given by the person in charge of the place.
(6) The references in subsection (5)(a) and (b) to instructions given by a person include instructions given by anyone acting under the person's authority.
(7) The activities that responsible officers may instruct offenders to participate in include—
(a) activities forming an accredited programme (see section 202(2)); (b) activities whose purpose is reparative, such as restorative justice activities.
(8) For the purposes of subsection (7)(b) an activity is a restorative justice activity if — (a) the participants consist of, or include, the offender and one or more of the
victims, (b) the aim of the activity is to maximise the offender's awareness of the impact
of the offending concerned on the victims, and (c) the activity gives a victim or victims an opportunity to talk about, or by other
means express experience of, the offending and its impact.
(9) In subsection (8) “victim” means a victim of, or other person affected by, the offending concerned.
(10) Where compliance with an instruction would require the co-operation of a person other than the offender, the responsible officer may give the instruction only if that person agrees.
(11) In this section “the relevant period” means— (a) in relation to a community order, the period for which the community order
remains in force, and (b) in relation to a suspended sentence order, the supervision period as defined
by section 189(1A).]
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Textual Amendments F339 S. 200A inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 15(3), 22(1) (with Sch. 7
para. 7); S.I. 2015/40, art. 2(m)
F340201 Activity requirement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F340 S. 201 repealed (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 15(4), 22(1) (with Sch. 7
para. 7); S.I. 2015/40, art. 2(m)
202 Programme requirement
(1) In this Part “programme requirement”, in relation to a relevant order, means a requirement that the offender must participate [F341in accordance with this section] in an accredited programme [F342on the number of days specified in the order.]
(2) In this Part “accredited programme” means a programme that is for the time being accredited by the [F343Secretary of State for the purposes of this section] .
(3) In this section— (a) “programme” means a systematic set of activities, and
F344(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F345(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F345(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A [F346programme requirement] operates to require the offender— (a) in accordance with instructions given by the responsible officer, to participate
in the accredited programme [F347that is from time to time specified by the responsible officer at the place that is so specified] on the number of days specified in the order, and
(b) while at that place, to comply with instructions given by, or under the authority of, the person in charge of the programme.
F348(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F341 Words in s. 202(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 70(4)(a), 151(1); S.I. 2012/2906, art. 2(a) F342 Words in s. 202(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 70(4)(b), 151(1); S.I. 2012/2906, art. 2(a) F343 Words in s. 202(2) substituted (1.5.2008) by Offender Management Act 2007 (c. 21), ss. 31(1)(a),
41(1); S.I. 2007/3001, art. 3(a) F344 S. 202(3)(b) repealed (1.5.2008) by Offender Management Act 2007 (c. 21), ss. 31(1)(b), 41(1), Sch. 5
Pt. 3; S.I. 2007/3001, art. 3(a)(c)
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F345 S. 202(4)(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 70(5), 151(1); S.I. 2012/2906, art. 2(a); S.I. 2012/2906, art. 2(a)
F346 Words in s. 202(6) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 70(6)(a), 151(1); S.I. 2012/2906, art. 2(a)
F347 Words in s. 202(6)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 70(6)(b), 151(1); S.I. 2012/2906, art. 2(a)
F348 S. 202(7) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 16(2), 22(1); S.I. 2015/40, art. 2(n)
Commencement Information I133 S. 202 wholly in force at 4.4.2005; s. 202 not in force at Royal Assent, see s. 336(3); s. 202 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 202(3)(b) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 202 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 13 (subject to art. 2(2), Sch. 2)
203 Prohibited activity requirement
(1) In this Part “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities specified in the order—
(a) on a day or days so specified, or (b) during a period so specified.
(2) A court may not include a prohibited activity requirement in a relevant order unless it has consulted[F349 an officer of a local probation board or an officer of a provider of probation services]
(3) The requirements that may by virtue of this section be included in a relevant order include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968 (c. 27).
Textual Amendments F349 Words in s. 203(2) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 87 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
Commencement Information I134 S. 203 wholly in force at 4.4.2005; s. 203 not in force at Royal Assent, see s. 336(3); s. 203 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 203 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 13 (subject to art. 2(2), Sch. 2)
204 Curfew requirement
(1) In this Part “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for periods specified in the relevant order, at a place so specified.
(2) A relevant order imposing a curfew requirement may specify different places or different periods for different days, but may not specify periods which amount to less than two hours or more than [F350sixteen] hours in any day.
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(3) A community order or suspended sentence order which imposes a curfew requirement may not specify periods which fall outside the period of [F351twelve] months beginning with the day on which it is made.
F352(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F352(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).
Textual Amendments F350 Word in s. 204(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 71(2), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3) F351 Word in s. 204(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 71(3), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3) F352 S. 204(4)(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 17; S.I. 2012/2906, art. 2(h)
Commencement Information I135 S. 204 partly in force; s. 204 not in force at Royal Assent, see s. 336(3); s. 204(1)(2)(5)(6) in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 204(1)-(3)(6) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)
205 Exclusion requirement
(1) In this Part “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a place specified in the order for a period so specified.
(2) Where the relevant order is a community order, the period specified must not be more than two years.
(3) An exclusion requirement— (a) may provide for the prohibition to operate only during the periods specified
in the order, and (b) may specify different places for different periods or days.
(4) In this section “place” includes an area.
Commencement Information I136 S. 205 wholly in force at 4.4.2005; s. 205 not in force at Royal Assent, see s. 336(3); s. 205(1)(3)(4) in
force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 205 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)
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206 Residence requirement
(1) In this Part, “residence requirement”, in relation to a community order or a suspended sentence order, means a requirement that, during a period specified in the relevant order, the offender must reside at a place specified in the order.
(2) If the order so provides, a residence requirement does not prohibit the offender from residing, with the prior approval of the responsible officer, at a place other than that specified in the order.
(3) Before making a community order or suspended sentence order containing a residence requirement, the court must consider the home surroundings of the offender.
(4) A court may not specify a hostel or other institution as the place where an offender must reside, except on the recommendation of an officer of a local probation board [F353or an officer of a provider of probation services] .
Textual Amendments F353 Words in s. 206(4) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential
Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(10)
Modifications etc. (not altering text) C38 S. 206(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 182(3), 383, Sch. 6 para. 3(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C39 S. 206(2)-(4) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(3), 383, Sch. 6 para. 3(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I137 S. 206 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject
to art. 2(2), Sch. 2)
[F354206AForeign travel prohibition requirement
(1) In this Part “foreign travel prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from travelling, on a day or days specified in the order, or for a period so specified—
(a) to any country or territory outside the British Islands specified or described in the order,
(b) to any country or territory outside the British Islands other than a country or territory specified or described in the order, or
(c) to any country or territory outside the British Islands.
(2) A day specified under subsection (1) may not fall outside the period of 12 months beginning with the day on which the relevant order is made.
(3) A period specified under that subsection may not exceed 12 months beginning with the day on which the relevant order is made.]
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Textual Amendments F354 S. 206A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10),
ss. 72(5), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)
207 Mental health treatment requirement
(1) In this Part, “mental health treatment requirement”, in relation to a community order or suspended sentence order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment by or under the direction of a registered medical practitioner or a [F355registered psychologist] (or both, for different periods) with a view to the improvement of the offender’s mental condition.
(2) The treatment required must be such one of the following kinds of treatment as may be specified in the relevant order—
(a) treatment as a resident patient in [F356a] care home F357... [F358, an independent hospital] or a hospital within the meaning of the Mental Health Act 1983 (c. 20), but not in hospital premises where high security psychiatric services within the meaning of that Act are provided;
(b) treatment as a non-resident patient at such institution or place as may be specified in the order;
(c) treatment by or under the direction of such registered medical practitioner or [F355registered psychologist] (or both) as may be so specified;
but the nature of the treatment is not to be specified in the order except as mentioned in paragraph (a), (b) or (c).
(3) A court may not by virtue of this section include a mental health treatment requirement in a relevant order unless—
(a) the court is satisfied F359... that the mental condition of the offender— (i) is such as requires and may be susceptible to treatment, but
(ii) is not such as to warrant the making of a hospital order or guardianship order within the meaning of [F360the Mental Health Act 1983];
(b) the court is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and
(c) the offender has expressed his willingness to comply with such a requirement.
(4) While the offender is under treatment as a resident patient in pursuance of a mental health requirement of a relevant order, his responsible officer shall carry out the supervision of the offender to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
[F361(4A) In subsection (2) “independent hospital”— (a) in relation to England, means a hospital as defined by section 275 of the
National Health Service Act 2006 that is not a health service hospital as defined by that section; and
(b) in relation to Wales, has the same meaning as in the Care Standards Act 2000.]
[F362(4B) In subsection (2), “care home” means—
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(a) a care home in England within the meaning of the Care Standards Act 2000 (c. 14);
(b) a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided.]
F363(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F364(6) In this section and section 208, “registered psychologist” means a person registered in the part of the register maintained under [F365the Health Professions Order 2001] which relates to practitioner psychologists.]
Textual Amendments F355 Words in s. 207(1)(2)(c) substituted (1.7.2009) by The Health Care and Associated Professions
(Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), arts. 1(9), 4(2), Sch. 5 para. 7(a)(i); S.I. 2009/1357, art. 2(1)(d)
F356 Word in s. 207(2)(a) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 14(a)(i)
F357 Words in s. 207(2)(a) omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 24(2)
F358 Words in s. 207(2)(a) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 14(a)(ii)
F359 Words in s. 207(3)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 73(2)(a), 151(1); S.I. 2012/2906, art. 2(a)
F360 Words in s. 207(3)(a)(ii) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 73(2)(b), 151(1); S.I. 2012/2906, art. 2(a)
F361 S. 207(4A) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 14(b)
F362 S. 207(4B) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 24(3)
F363 S. 207(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 73(3), 151(1); S.I. 2012/2906, art. 2(a)
F364 S. 207(6) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), arts. 1(9), 4(2), Sch. 5 para. 7(b); S.I. 2009/1357, art. 2(1)(d)
F365 Words in s. 207(6) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 48(b); S.I. 2019/1436, reg. 2(s)
Modifications etc. (not altering text) C40 S. 207(3)(a)(ii) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 178(5), 183(1), 202, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C41 S. 207(3)(c) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(3), 383, Sch. 6 para. 4(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I138 S. 207 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject
to art. 2(2), Sch. 2)
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208 Mental health treatment at place other than that specified in order
(1) Where the medical practitioner or [F366registered psychologist] by whom or under whose direction an offender is being treated for his mental condition in pursuance of a mental health treatment requirement is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—
(a) is not specified in the relevant order, and (b) is one in or at which the treatment of the offender will be given by or under
the direction of a registered medical practitioner or chartered psychologist, he may, with the consent of the offender, make arrangements for him to be treated accordingly.
(2) Such arrangements as are mentioned in subsection (1) may provide for the offender to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the relevant order.
(3) Where any such arrangements as are mentioned in subsection (1) are made for the treatment of an offender—
(a) the medical practitioner or [F366registered psychologist] by whom the arrangements are made shall give notice in writing to the offender’s responsible officer, specifying the institution or place in or at which the treatment is to be carried out; and
(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the relevant order.
Textual Amendments F366 Words in s. 208(1)(3)(a) substituted (1.7.2009) by The Health Care and Associated Professions
(Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), arts. 1(9), 4(2), Sch. 5 para. 7(a)(ii); S.I. 2009/1357, art. 2(1)(d)
Modifications etc. (not altering text) C42 S. 208(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 182(3), 383, Sch. 6 para. 4(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I139 S. 208 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject
to art. 2(2), Sch. 2)
209 Drug rehabilitation requirement
(1) In this Part “drug rehabilitation requirement”, in relation to a community order or suspended sentence order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender—
(a) must submit to treatment by or under the direction of a specified person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs, and
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
(b) for the purpose of ascertaining whether he has any drug in his body during that period, must provide samples of such description as may be so determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person by or under whose direction the treatment is to be provided.
(2) A court may not impose a drug rehabilitation requirement unless— (a) it is satisfied—
(i) that the offender is dependent on, or has a propensity to misuse, drugs, and
(ii) that his dependency or propensity is such as requires and may be susceptible to treatment,
(b) it is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident),
(c) the requirement has been recommended to the court as being suitable for the offender [F367by an officer of a local probation board or an officer of a provider of probation services, and]
(d) the offender expresses his willingness to comply with the requirement. F368(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The required treatment for any particular period must be— (a) treatment as a resident in such institution or place as may be specified in the
order, or (b) treatment as a non-resident in or at such institution or place, and at such
intervals, as may be so specified; but the nature of the treatment is not to be specified in the order except as mentioned in paragraph (a) or (b) above.
(5) The function of making a determination as to the provision of samples under provision included in the community order or suspended sentence order by virtue of subsection (1)(b) is to be exercised in accordance with guidance given from time to time by the Secretary of State.
(6) A community order or suspended sentence order imposing a drug rehabilitation requirement must provide that the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the responsible officer are to be communicated to the responsible officer.
(7) In this section “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).
Textual Amendments F367 Words in s. 209(2)(c) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss.
6, 153, Sch. 4 para. 88 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii) F368 S. 209(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 74(1), 151(1); S.I. 2012/2906, art. 2(a)
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
Modifications etc. (not altering text) C43 S. 209(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 182(3), 383, Sch. 6 para. 5(1)(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C44 S. 206(2)(d) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(3), 383, Sch. 6 para. 5(3); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I140 S. 209 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject
to art. 2(2), Sch. 2)
210 Drug rehabilitation requirement: provision for review by court
(1) A community order or suspended sentence order imposing a drug rehabilitation requirement may (and must if the treatment and testing period is more than 12 months) —
(a) provide for the requirement to be reviewed periodically at intervals of not less than one month,
(b) provide for each review of the requirement to be made, subject to section 211(6), at a hearing held for the purpose by the court responsible for the order (a “review hearing”),
(c) require the offender to attend each review hearing, (d) provide for [F369an officer of a provider of probation services] to make to the
court responsible for the order, before each review, a report in writing on the offender’s progress under the requirement, and
(e) provide for each such report to include the test results communicated to the responsible officer under section 209(6) or otherwise and the views of the treatment provider as to the treatment and testing of the offender.
(2) In this section references to the court responsible for a community order or suspended sentence order imposing a drug rehabilitation requirement are references—
(a) where a court is specified in the order in accordance with subsection (3), to that court;
(b) in any other case, to the court by which the order is made.
(3) Where the area specified in a community order or suspended sentence order which is made by a magistrates' court and imposes a drug rehabilitation requirement is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (2) a magistrates' court which acts for the area specified in the order.
(4) Where a community order or suspended sentence order imposing a drug rehabilitation requirement 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 subsection (2)(b) it shall be taken to have been made by the Crown Court.
Textual Amendments F369 Words in s. 210(1)(d) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch.
4 para. 4; S.I. 2014/1287, art. 2(d)
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Modifications etc. (not altering text) C45 S. 210 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 179(1), 203(2), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C46 S. 210 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I141 S. 210 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject
to art. 2(2), Sch. 2)
211 Periodic review of drug rehabilitation requirement
(1) At a review hearing (within the meaning given by subsection (1) of section 210) the court may, after considering the F370... officer’s report referred to in that subsection [F371(“the review officer's report”)], amend the community order or suspended sentence order, so far as it relates to the drug rehabilitation requirement.
(2) The court— (a) may not amend the drug rehabilitation requirement unless the offender
expresses his willingness to comply with the requirement as amended, [F372and]
F373(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) except with the consent of the offender, may not amend any requirement or
provision of the order while an appeal against the order is pending.
(3) If the offender fails to express his willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—
(a) revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and
(b) deal with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.
(4) In dealing with the offender under subsection (3)(b), the court— (a) shall take into account the extent to which the offender has complied with the
requirements of the order, and (b) may impose a custodial sentence (where the order was made in respect of
an offence punishable with such a sentence) notwithstanding anything in section 152(2).
F374(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If at a review hearing (as defined by section 210(1)(b)) the court, after considering the [F375review] officer’s report, is of the opinion that the offender’s progress under the requirement is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.
(7) If at a review without a hearing the court, after considering the [F376review] officer’s report, is of the opinion that the offender’s progress under the requirement is no longer
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satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
(8) At that hearing the court, after considering that report, may— (a) exercise the powers conferred by this section as if the hearing were a review
hearing, and (b) so amend the order as to provide for each subsequent review to be made at
a review hearing.
(9) In this section any reference to the court, in relation to a review without a hearing, is to be read—
(a) in the case of the Crown Court, as a reference to a judge of the court; (b) in the case of a magistrates' court, as a reference to a justice of the peace F377. . . .
Textual Amendments F370 Word in s. 211(1) omitted (1.6.2014) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1),
Sch. 4 para. 5(2)(a); S.I. 2014/1287, art. 2(d) F371 Words in s. 211(1) inserted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4
para. 5(2)(b); S.I. 2014/1287, art. 2(d) F372 Word in s. 211(2)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 74(2)(a), 151(1); S.I. 2012/2906, art. 2(a) F373 S. 211(2)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 74(2)(b), 151(1); S.I. 2012/2906, art. 2(a) F374 S. 211(5) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153,
Sch. 4 para. 89, Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi) F375 Word in s. 211(6) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4
para. 5(3); S.I. 2014/1287, art. 2(d) F376 Word in s. 211(7) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4
para. 5(3); S.I. 2014/1287, art. 2(d) F377 Words in s. 211(9)(b) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions)
Order 2005 (S.I. 2005/886), art. 2, Sch. para. 101
Modifications etc. (not altering text) C47 S. 211 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 179(2), 203(3), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 (as amended (temp.) (24.4.2009 for certain purposes, otherwise 31.10.2009) by S.I. 2009/1059, arts. 1(3), 206, Sch. 2 paras. 3(b)(c),{14(3)(b)(c)})
C48 S. 211 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I142 S. 211 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject
to art. 2(2), Sch. 2)
212 Alcohol treatment requirement
(1) In this Part “alcohol treatment requirement”, in relation to a community order or suspended sentence order, means a requirement that the offender must submit during a period specified in the order to treatment by or under the direction of a specified
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person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on alcohol.
(2) A court may not impose an alcohol treatment requirement in respect of an offender unless it is satisfied—
(a) that he is dependent on alcohol, (b) that his dependency is such as requires and may be susceptible to treatment,
and (c) that arrangements have been or can be made for the treatment intended to be
specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident).
(3) A court may not impose an alcohol treatment requirement unless the offender expresses his willingness to comply with its requirements.
F378(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The treatment required by an alcohol treatment requirement for any particular period must be—
(a) treatment as a resident in such institution or place as may be specified in the order,
(b) treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified, or
(c) treatment by or under the direction of such person having the necessary qualification or experience as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.
Textual Amendments F378 S. 212(4) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 75(1), 151(1); S.I. 2012/2906, art. 2(a)
Commencement Information I143 S. 212 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject
to art. 2(2), Sch. 2)
[F379212AAlcohol abstinence and monitoring requirement
(1) In this Part “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement—
(a) that, subject to such exceptions (if any) as are specified— (i) the offender must abstain from consuming alcohol throughout a
specified period, or (ii) the offender must not consume alcohol so that at any time during a
specified period there is more than a specified level of alcohol in the offender's body, and
(b) that the offender must, for the purpose of ascertaining whether the offender is complying with provision under paragraph (a), submit during the specified period to monitoring in accordance with specified arrangements.
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(2) A period specified under subsection (1)(a) must not exceed 120 days.
(3) If the Secretary of State by order prescribes a minimum period for the purposes of subsection (1)(a), a period specified under that provision must be at least as long as the period prescribed.
(4) The level of alcohol specified under subsection (1)(a)(ii) must be that prescribed by the Secretary of State by order for the purposes of that provision (and a requirement under that provision may not be imposed unless such an order is in force).
(5) An order under subsection (4) may prescribe a level— (a) by reference to the proportion of alcohol in any one or more of an offender's
breath, blood, urine or sweat, or (b) by some other means.
(6) The arrangements for monitoring specified under subsection (1)(b) must be consistent with those prescribed by the Secretary of State by order (and an alcohol abstinence and monitoring requirement may not be imposed unless such an order is in force).
(7) An order under subsection (6) may in particular prescribe— (a) arrangements for monitoring by electronic means; (b) arrangements for monitoring by other means of testing.
(8) A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met.
(9) The first condition is that— (a) the consumption of alcohol by the offender is an element of the offence for
which the order is to be imposed or an associated offence, or (b) the court is satisfied that the consumption of alcohol by the offender was
a factor that contributed to the commission of that offence or an associated offence.
(10) The second condition is that the court is satisfied that the offender is not dependent on alcohol.
(11) The third condition is that the court does not include an alcohol treatment requirement in the order.
(12) The fourth condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified are available in the local justice area to be specified.
(13) In this section— “alcohol” includes anything containing alcohol; “specified”, in relation to a relevant order, means specified in the order.]
Textual Amendments F379 S. 212A inserted (31.7.2014 only in relation to the South London local justice area for specified
purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(1), 77, 151(3);
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S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F380213 Supervision requirement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F380 S. 213 repealed (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 15(4), 22(1) (with Sch. 7
para. 7); S.I. 2015/40, art. 2(m)
Requirements available only in case of offenders aged under 25
214 Attendance centre requirement
(1) In this Part “attendance centre requirement”, in relation to a relevant order, means a requirement that the offender must attend at an attendance centre F381... for such number of hours as may be [F382specified in the relevant order].
(2) The aggregate number of hours for which the offender may be required to attend at an attendance centre must not be less than 12 or more than 36.
(3) The court may not impose an attendance centre requirement unless the court is satisfied that [F383an attendance centre which is available for persons of the offender's description] is reasonably accessible to the offender concerned, having regard to the means of access available to him and any other circumstances.
[F384(3A) The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer from time to time.
(3B) When choosing an attendance centre, the responsible officer must consider— (a) the accessibility of the attendance centre to the offender, having regard to the
means of access available to the offender and any other circumstances, and (b) the description of persons for whom it is available.]
(4) The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.
(5) The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender’s circumstances.
(6) An offender may not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion.
[F385(7) A requirement to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.]
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Textual Amendments F381 Words in s. 214(1) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 17(3)
(a), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(o) F382 Words in s. 214(1) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 17(3)(b),
22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(o) F383 Words in s. 214(3) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 17(4), 22(1)
(with Sch. 7 para. 7); S.I. 2015/40, art. 2(o) F384 S. 214(3A)(3B) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 17(5), 22(1) (with
Sch. 7 para. 7); S.I. 2015/40, art. 2(o) F385 S. 214(7) added (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4
para. 90 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
Commencement Information I144 S. 214 wholly in force at 4.4.2005; s. 214 not in force at Royal Assent, see s. 336(3); s. 214 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 214 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 14 (subject to art. 2(2), Sch. 2)
Electronic monitoring
215 Electronic monitoring requirement
(1) In this Part “electronic monitoring requirement”, in relation to a relevant order, means a requirement [F386to submit to either or both of the following—
(a)] electronic monitoring of the offender’s compliance with other requirements imposed by the order during a period specified in the order, or determined by the responsible officer in accordance with the relevant order [F387, and
(b) electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirements included in the order) during a period specified in the order.]
(2) Where— (a) it is proposed to include in a relevant order a requirement for securing
electronic monitoring in accordance with this section, but (b) there is a person (other than the offender) without whose co-operation it will
not be practicable to secure the monitoring, the requirement may not be included in the order without that person’s consent.
(3) A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring; and a person who is made so responsible must be of a description specified in an order made by the Secretary of State.
(4) Where an electronic monitoring requirement is required to take effect during a period determined by the responsible officer in accordance with the relevant order, the responsible officer must, before the beginning of that period, notify—
(a) the offender, (b) the person responsible for the monitoring, and (c) any person falling within subsection (2)(b),
of the time when the period is to begin.
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[F388(4A) Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—
(a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—
(i) being fitted with, or installation of, any necessary apparatus, and (ii) inspection or repair of any apparatus fitted or installed for the
purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for
the purposes of the monitoring, and (c) take any steps required by the responsible officer, or the person responsible
for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.]
[F389(5) An electronic monitoring requirement [F390within subsection (1)(a)] may not be included in a relevant order for the purposes of securing the electronic monitoring of the offender's compliance with an alcohol abstinence and monitoring requirement.
(6) Subsection (5) does not prevent the inclusion of an electronic monitoring requirement in a relevant order which includes an alcohol abstinence and monitoring requirement where [F391the electronic monitoring requirement is within subsection (1)(b) or is included] for the purpose of securing the electronic monitoring of an offender's compliance with a requirement other than the alcohol abstinence and monitoring requirement.]
Textual Amendments F386 Words in s. 215(1) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018,
13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(2)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F387 S. 215(1)(b) and word inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(2)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F388 S. 215(4A) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(3); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F389 S. 215(5)(6) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(6), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F390 Words in s. 215(5) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in
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force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(4); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F391 Words in s. 215(6) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 16(5); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
Modifications etc. (not altering text) C49 S. 215 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I145 S. 215 wholly in force at 4.4.2005; s. 215 not in force at Royal Assent, see s. 336(3); s. 215 in force
for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 215(3) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 215 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 15 (subject to art. 2(2), Sch. 2)
[F392215AData from electronic monitoring: code of practice
(1) The Secretary of State must issue a code of practice relating to processing of data gathered in the course of electronic monitoring of offenders under electronic monitoring requirements imposed by relevant orders.
(2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.]
Textual Amendments F392 S. 215A inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in
relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 17; S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
Provisions applying to relevant orders generally
216 [F393Local justice area] to be specified in relevant order
(1) A community order or suspended sentence order must specify the [F394local justice area] in which the offender resides or will reside.
F395(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F393 Words in s. 216 heading substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions)
Order 2005 (S.I. 2005/886), art. 2, Sch. para. 103
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F394 Words in s. 216(1)(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 103
F395 S. 216(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 19; S.I. 2012/2906, art. 2(h)
Modifications etc. (not altering text) C50 S. 216 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I146 S. 216 partly in force; s. 216 not in force at Royal Assent, see s. 336(3); s. 216(2)(b) in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 216(1) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 16 (subject to art. 2(2), Sch. 2)
217 Requirement to avoid conflict with religious beliefs, etc
(1) The court must ensure, as far as practicable, that any requirement imposed by a relevant order is such as to avoid—
(a) any conflict with the offender’s religious beliefs or with the requirements of any other relevant order to which he may be subject; and
(b) any interference with the times, if any, at which he normally works or attends [F396any] educational establishment.
(2) The responsible officer in relation to an offender to whom a relevant order relates must ensure, as far as practicable, that any instruction given or requirement imposed by him in pursuance of the order is such as to avoid the conflict or interference mentioned in subsection (1).
(3) The Secretary of State may by order provide that subsection (1) or (2) is to have effect with such additional restrictions as may be specified in the order.
Textual Amendments F396 Words in s. 217(1)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4),
ss. 6, 153, Sch. 4 para. 91 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)
Commencement Information I147 S. 217 wholly in force 4.4.2005; s. 217 not in force at Royal Assent, see s. 336(3); s. 217 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 217(3) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 217 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 16 (subject to art. 2(2), Sch. 2)
218 Availability of arrangements in local area
(1) A court may not include an unpaid work requirement in a relevant order unless the court is satisfied that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the [F397local justice area] in which he resides or will reside.
F398(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(3) A court may not include an attendance centre requirement in a relevant order in respect of an offender unless the court has been notified by the Secretary of State that an attendance centre is available for persons of his description.
(4) A court may not include an electronic monitoring requirement [F399within section 215(1)(a)] in a relevant order in respect of an offender unless the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in [F400the relevant area (see subsections (5) to (7))], and
(b) is satisfied that the necessary provision can be made under [F401the arrangements currently available].
(5) In the case of a relevant order containing a curfew requirement or an exclusion requirement, the relevant area for the purposes of subsection (4) is the area in which the place proposed to be specified in the order is situated.
(6) In the case of a relevant order containing an attendance centre requirement, the relevant area for the purposes of subsection (4) is [F402an area in which there is an attendance centre which is available for persons of the offender's description and which the court is satisfied is reasonably accessible to the offender].
(7) In the case of any other relevant order, the relevant area for the purposes of subsection (4) is the [F397local justice area] proposed to be specified in the order.
(8) In subsection (5) “place”, in relation to an exclusion requirement, has the same meaning as in section 205.
[F403(9) A court may not include an electronic monitoring requirement within section 215(1) (b) in a relevant order in respect of an offender unless the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order,
(b) is satisfied that the offender can be fitted with any necessary apparatus under the arrangements currently available and that any other necessary provision can be made under those arrangements, and
(c) is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.]
Textual Amendments F397 Words in s. 218(1)(2)(7) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions)
Order 2005 (S.I. 2005/886), art. 2, Sch. para. 104 F398 S. 218(2) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5
para. 4 (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v) F399 Words in s. 218(4) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018,
13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 18(2)(a); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F400 Words in s. 218(4)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 17(7), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(o)
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F401 Words in s. 218(4)(b) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 18(2)(b); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
F402 Words in s. 218(6) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 17(8), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(o)
F403 S. 218(9) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019, 1.4.2019 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 18(3); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2); S.I. 2018/1423, art. 2(b)
Modifications etc. (not altering text) C51 S. 218 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I148 S. 218 wholly in force at 4.4.2005; s. 218 not in force at Royal Assent, see s. 336(3); s. 218 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 218 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 16 (subject to art. 2(2), Sch. 2)
219 Provision of copies of relevant orders
[F404(1) The court by which any relevant order is made must forthwith provide copies of the order—
(a) to the offender, (b) to the responsible officer, (c) to an officer who is acting at the court and is an officer of a provider of
probation services that is a public sector provider, and (d) where the court specifies a local justice area in which the court making the
order does not act, to a provider of probation services that is a public sector provider and is acting in that area.]
(2) Where a relevant order imposes any requirement specified in the first column of Schedule 14, the court by which the order is made must also forthwith provide the person specified in relation to that requirement in the second column of that Schedule with a copy of so much of the order as relates to that requirement.
(3) Where a relevant order specifies a [F405local justice area in which] the court making the order does not act, the court making the order must provide to the magistrates’s court [F406acting in that area]—
(a) a copy of the order, and (b) such documents and information relating to the case as it considers likely to be
of assistance to a court [F406acting in that area] in the exercise of its functions in relation to the order.
[F407(4) In subsection (1)(c) and (d), “public sector provider” means— (a) a probation trust or other public body, or (b) the Secretary of State;]
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Textual Amendments F404 S. 219(1) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para.
12(2); S.I. 2014/1287, art. 2(d) F405 Words in s. 219(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order
2005 (S.I. 2005/886), art. 2, Sch. para. 105(b) F406 Words in s. 219(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order
2005 (S.I. 2005/886), art. 2, Sch. para. 105(b) F407 S. 219(4) inserted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 12(3);
S.I. 2014/1287, art. 2(d)
Modifications etc. (not altering text) C52 S. 219(3) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 178(5), 197(4), 202, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I149 S. 219 wholly in force at 4.4.2005; s. 219 not in force at Royal Assent, see s. 336(3); s. 219(1)(a)(b)(d)
(2)(3) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 219 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 2 para. 16 (subject to art. 2(2), Sch. 2)
220 Duty of offender to keep in touch with responsible officer
(1) An offender in respect of whom a community order or a suspended sentence order is in force—
(a) must keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, F408...
F408(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The obligation imposed by subsection (1) is enforceable as if it were a requirement imposed by the order.
Textual Amendments F408 S. 220(1)(b) and word omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss.
18(3), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(p)
Commencement Information I150 S. 220 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 16 (subject
to art. 2(2), Sch. 2)
[F409220ADuty to obtain permission before changing residence
(1) An offender in respect of whom a relevant order is in force must not change residence without permission given in accordance with this section by—
(a) the responsible officer, or (b) a court.
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(2) The appropriate court may, on an application by the offender, give permission in a case in which the responsible officer has refused.
(3) A court may also give permission in any proceedings before it under Schedule 8 or 12 (breach or amendment of orders etc).
(4) The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—
(a) is likely to prevent the offender complying with a requirement imposed by the relevant order, or
(b) would hinder the offender's rehabilitation.
(5) The obligation imposed by subsection (1) is enforceable as if it were a requirement imposed by the relevant order.
(6) This section does not apply if the relevant order includes a residence requirement imposed under section 206.
(7) For cases in which a relevant order has to be amended because of permission given under this section, see paragraph 16 of Schedule 8 and paragraph 14 of Schedule 12 (amendment to reflect change in local justice area).
(8) In this section “the appropriate court” has the same meaning as in paragraph 16 of Schedule 8 or paragraph 14 of Schedule 12.]
Textual Amendments F409 S. 220A inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 18(2), 22(1) (with Sch. 7
para. 7); S.I. 2015/40, art. 2(p)
Modifications etc. (not altering text) C53 S. 220A modified by 2006 c. 52, s. 183(3A) (as inserted (1.2.2015) by Offender Rehabilitation Act
2014 (c. 11), s. 22(1), Sch. 6 para. 8(b) (with s. 23(4), Sch. 7 para. 7); S.I. 2015/40, art. 2(w)) C54 S. 220A(8) excluded by 2006 c. 52, s. 183(1) (as amended (1.2.2015) by Offender Rehabilitation Act
2014 (c. 11), s. 22(1), Sch. 6 para. 8(a) (with s. 23(4), Sch. 7 para. 7); S.I. 2015/40, art. 2(w))
Powers of Secretary of State
221 Provision of attendance centres
(1) The Secretary of State may continue to provide attendance centres.
(2) In this Part “attendance centre” means a place at which offenders aged under 25 may be required to attend and be given under supervision appropriate occupation or instruction in pursuance of—
(a) attendance centre requirements of relevant orders, or [F410(aa) attendance centre requirements of youth rehabilitation orders, within the
meaning of Part 1 of the Criminal Justice and Immigration Act 2008,] (b) attendance centre orders under section 60 of the Sentencing Act.
[F411(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.]
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(3) For the purpose of providing attendance centres, the Secretary of State may make arrangements with any local authority or [F412local policing body] for the use of premises of [F413that authority or body].
Textual Amendments F410 S. 221(2)(aa) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153,
Sch. 4 para. 92(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiv) F411 S. 221(2)(c)(d) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153,
Sch. 26 para. 2(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a) F412 Words in s. 221(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011
(c. 13), s. 157(1), Sch. 16 para. 313(a); S.I. 2011/3019, art. 3, Sch. 1 F413 Words in s. 221(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011
(c. 13), s. 157(1), Sch. 16 para. 313(b); S.I. 2011/3019, art. 3, Sch. 1
Commencement Information I151 S. 221 wholly in force at 4.4.2005; s. 221 not in force at Royal Assent, see s. 336(3); s. 221 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 221 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 17 (subject to art. 2(2), Sch. 2)
222 Rules
(1) The Secretary of State may make rules for regulating— (a) the supervision of persons who are subject to relevant orders, (b) without prejudice to the generality of paragraph (a), the functions of
responsible officers in relation to offenders subject to relevant orders, (c) the arrangements to be made by local probation boards [F414or providers
of probation services] for persons subject to unpaid work requirements to perform work and the performance of such work,
(d) the provision and carrying on of attendance centres F415..., (e) the attendance of persons subject to [F416rehabilitation activity requirements]
or attendance centre requirements [F417, or to attendance centre requirements imposed by youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008,] at the places at which they are required to attend, including hours of attendance, reckoning days of attendance and the keeping of attendance records,
(f) electronic monitoring in pursuance of an electronic monitoring requirement, and
(g) without prejudice to the generality of paragraph (f), the functions of persons made responsible for securing electronic monitoring in pursuance of such a requirement.
(2) Rules under subsection (1)(c) may, in particular, make provision— (a) limiting the number of hours of work to be done by a person on any one day, (b) as to the reckoning of hours worked and the keeping of work records, and (c) for the payment of travelling and other expenses in connection with the
performance of work.
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Textual Amendments F414 Words in s. 222(1)(c) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential
Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(13) F415 Words in s. 222(1)(d) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s.
22(1), Sch. 5 para. 5(a) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v) F416 Words in s. 222(1)(e) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch.
5 para. 5(b) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v) F417 Words in s. 222(1)(e) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6,
153, Sch. 4 para. 93 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)
Commencement Information I152 S. 222 wholly in force at 7.3.2005; s. 222 not in force at Royal Assent, see s. 336(3); s. 222 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 222 in force in so far as not already in force at 7.3.2005 by S.I. 2005/373, art. 2
223 Power to amend limits
(1) The Secretary of State may by order amend— (a) subsection (2) of section 199 (unpaid work requirement), or (b) subsection (2) of section 204 (curfew requirement),
by substituting, for the maximum number of hours for the time being specified in that subsection, such other number of hours as may be specified in the order.
(2) The Secretary of State may by order amend any of the provisions mentioned in subsection (3) by substituting, for any period for the time being specified in the provision, such other period as may be specified in the order.
(3) Those provisions are— (a) section 204(3) (curfew requirement); (b) section 205(2) (exclusion requirement);
[F418(ba) section 212A(2) (alcohol abstinence and monitoring requirement)] F419(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F420(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F418 S. 223(3)(ba) inserted (31.7.2014 only in relation to the South London local justice area for specified
purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(7), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F419 S. 223(3)(c) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 74(3), 151(1); S.I. 2012/2906, art. 2(a)
F420 S. 223(3)(d) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 75(2), 151(1); S.I. 2012/2906, art. 2(a)
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
Modifications etc. (not altering text) C55 S. 223 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c. 52), ss. 182(3), 383, Sch. 6 para. 8; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I153 S. 223 wholly in force at 7.3.2005; s. 223 not in force at Royal Assent, see s. 336(3); s. 223(1)(2)(3)(a)
(b) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 223 in force in so far as not already in force at 7.3.2005 by S.I. 2005/373, art. 2
CHAPTER 5
DANGEROUS OFFENDERS
[F421Interpretation]
Textual Amendments F421 Cross-heading in Pt. 12 Ch. 5 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 15; S.I. 2012/2906, art. 2(q)
224 Meaning of “specified offence” etc.
(1) An offence is a “specified offence” for the purposes of this Chapter if it is a specified violent offence[F422, a specified sexual offence or a specified terrorism offence].
(2) An offence is a “serious offence” for the purposes of this Chapter if and only if— (a) it is a specified offence, and (b) it is, apart from section [F423224A], punishable in the case of a person aged
18 or over by— (i) imprisonment for life, or
(ii) imprisonment for a determinate period of ten years or more.
(3) In this Chapter— F424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “serious harm” means death or serious personal injury, whether physical or psychological; “specified violent offence” means an offence specified in Part 1 of Schedule 15; “specified sexual offence” means an offence specified in Part 2 of that Schedule. [F425“specified terrorism offence” means an offence specified in Part 3 of that Schedule.]
Textual Amendments F422 Words in s. 224(1) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3),
ss. 9(2)(a), 27(3) (with s. 25(3)(4)) F423 Word in s. 224(2)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 19 para. 16; S.I. 2012/2906, art. 2(q)
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F424 S. 224(3): the definition of "relevant offence" is repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 149, 153, Sch. 26 para. 69, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)
F425 Words in s. 224(3) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(2)(b), 27(3) (with s. 25(3)(4))
Commencement Information I154 S. 224 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject
to art. 2(2), Sch. 2)
[F426Life sentences]
Textual Amendments F426 Cross-heading in Pt. 12 Ch. 5 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 17; S.I. 2012/2906, art. 2(q)
[F427224ALife sentence for second listed offence
(1) This section applies where— (a) a person aged 18 or over is convicted of an offence listed in Part 1 of
Schedule 15B, (b) the offence was committed after this section comes into force, and (c) the sentence condition and the previous offence condition are met.
(2) The court must impose a sentence of imprisonment for life unless the court is of the opinion that there are particular circumstances which—
(a) relate to the offence, to the previous offence referred to in subsection (4) or to the offender, and
(b) would make it unjust to do so in all the circumstances.
(3) The sentence condition is that, but for this section, the court would, in compliance with sections 152(2) and 153(2), impose a sentence of imprisonment for 10 years or more, disregarding any extension period imposed under section 226A.
(4) The previous offence condition is that — (a) at the time the offence was committed, the offender had been convicted of an
offence listed in Schedule 15B (“the previous offence”), and (b) a relevant life sentence or a relevant sentence of imprisonment or detention for
a determinate period was imposed on the offender for the previous offence.
(5) A life sentence is relevant for the purposes of subsection (4)(b) if— (a) the offender was not eligible for release during the first 5 years of the sentence,
or (b) the offender would not have been eligible for release during that period but
for the reduction of the period of ineligibility to take account of a relevant pre-sentence period.
(6) An extended sentence imposed under this Act (including one imposed as a result of the Armed Forces Act 2006) is relevant for the purposes of subsection (4)(b) if the appropriate custodial term imposed was 10 years or more.
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(7) Any other extended sentence is relevant for the purposes of subsection (4)(b) if the custodial term imposed was 10 years or more.
(8) Any other sentence of imprisonment or detention for a determinate period is relevant for the purposes of subsection (4)(b) if it was for a period of 10 years or more.
(9) An extended sentence or other sentence of imprisonment or detention is also relevant if it would have been relevant under subsection (7) or (8) but for the reduction of the sentence, or any part of the sentence, to take account of a relevant pre-sentence period.
(10) For the purposes of subsections (4) to (9)— “extended sentence” means—
(a) a sentence imposed under section 85 of the Sentencing Act or under section 226A, 226B, 227 or 228 of this Act (including one imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006), or
(b) an equivalent sentence imposed under the law of Scotland, Northern Ireland or a member State (other than the United Kingdom);
“life sentence” means— (a) a life sentence as defined in section 34 of the Crime (Sentences) Act
1997, or (b) an equivalent sentence imposed under the law of Scotland, Northern
Ireland or a member State (other than the United Kingdom); “relevant pre-sentence period”, in relation to the previous offence referred
to in subsection (4), means any period which the offender spent in custody or on bail before the sentence for that offence was imposed;
“sentence of imprisonment or detention” includes any sentence of a period in custody (however expressed).
(11) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.
[ F428(12)
Where an 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 must be taken for the purposes of subsections (1)(b) and (4)(a) to have been committed on the last of those days.]]
Textual Amendments F427 S. 224A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10),
ss. 122, 151(1); S.I. 2012/2906, art. 2(e) F428 S. 224A(12) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 5(1), 95(1); S.I.
2015/778, art. 3, Sch. 1 para. 5
Modifications etc. (not altering text) C56 S. 224A(2) modified (temp.) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 19 para. 24(2)(a); S.I. 2012/2906, art. 2(q) C57 S. 224A(3) modified (temp.) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 19 para. 24(2)(b); S.I. 2012/2906, art. 2(q)
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225 Life sentence F429... for serious offences
(1) This section applies where— (a) a person aged 18 or over is convicted of a serious offence committed after the
commencement of this section, and (b) the court is of the opinion that there is a significant risk to members of
the public of serious harm occasioned by the commission by him of further specified offences.
(2) If— (a) the offence is one in respect of which the offender would apart from this
section be liable to imprisonment for life, and (b) the court considers that the seriousness of the offence, or of the offence and
one or more offences associated with it, is such as to justify the imposition of a sentence of imprisonment for life,
the court must impose a sentence of imprisonment for life. F430(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F430(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F430(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F430(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F430(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.
Textual Amendments F429 Words in s. 225 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 21 para. 23; S.I. 2012/2906, art. 2(s) F430 S. 225(3)-(4) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 123(a), 151(1); S.I. 2012/2906, art. 2(e) (with art. 6)
Modifications etc. (not altering text) C58 S. 225 applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed
Forces Act 2006 (c. 52), ss. 219, 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 145, 153, Sch. 25 para. 13; S.I. 2009/1028, art. 2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I155 S. 225 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject
to art. 2(2), Sch. 2)
226 Detention for life F431... for serious offences committed by those under 18
(1) This section applies where— (a) a person aged under 18 is convicted of a serious offence committed after the
commencement of this section, and
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(b) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.
(2) If— (a) the offence is one in respect of which the offender would apart from this
section be liable to a sentence of detention for life under section 91 of the Sentencing Act, and
(b) the court considers that the seriousness of the offence, or of the offence and one or more offences associated with it, is such as to justify the imposition of a sentence of detention for life,
the court must impose a sentence of detention for life under that section. F432(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F432(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F432(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.
Textual Amendments F431 Words in s. 226 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 21 para. 24; S.I. 2012/2906, art. 2(s) F432 S. 226(3)-(4) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 123(b), 151(1); S.I. 2012/2906, art. 2(e) (with art. 6)
Modifications etc. (not altering text) C59 S. 226 applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed
Forces Act 2006 (c. 52), ss. 221, 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 145, 153, Sch. 25 para. 15; S.I. 2009/1028, art. 2(b) and as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 7; S.I. 2012/2906, art. 2(t) (with art. 6)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I156 S. 226 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject
to art. 2(2), Sch. 2)
[F433Extended sentences]
Textual Amendments F433 Cross-heading in Pt. 12 Ch. 5 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 18; S.I. 2012/2906, art. 2(q)
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[F434226AExtended sentence for certain violent[F435, sexual or terrorism] offences: persons 18 or over
(1) This section applies where— (a) a person aged 18 or over is convicted of a specified offence (whether the
offence was committed before or after this section comes into force), (b) the court considers that there is a significant risk to members of the public
of serious harm occasioned by the commission by the offender of further specified offences,
(c) the court is not required by section 224A or 225(2) to impose a sentence of imprisonment for life, and
(d) condition A or B is met.
(2) Condition A is that, at the time the offence was committed, the offender had been convicted of an offence listed in Schedule 15B.
(3) Condition B is that, if the court were to impose an extended sentence of imprisonment, the term that it would specify as the appropriate custodial term would be at least 4 years.
(4) The court may impose an extended sentence of imprisonment on the offender.
(5) An extended sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and (b) a further period (the “extension period”) for which the offender is to be subject
to a licence.
(6) The appropriate custodial term is the term of imprisonment that would (apart from this section) be imposed in compliance with section 153(2).
(7) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences, subject to [F436subsections (7A) to (9)].
[ F437(7A)
The extension period must be at least 1 year.]
(8) The extension period must not exceed— (a) 5 years in the case of a specified violent offence, and (b) 8 years in the case of a specified sexual offence [F438or a specified terrorism
offence].
(9) The term of an extended sentence of imprisonment imposed under this section in respect of an offence must not exceed the term that, at the time the offence was committed, was the maximum term permitted for the offence.
(10) In subsections (1)(a) and (8), references to a specified offence, a specified violent offence and a specified sexual offence include an offence that—
(a) was abolished before 4 April 2005, and (b) would have constituted such an offence if committed on the day on which the
offender was convicted of the offence.
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(11) Where the offence mentioned in subsection (1)(a) was committed before 4 April 2005—
(a) subsection (1)(c) has effect as if the words “by section 224A or 225(2)” were omitted, and
(b) subsection (6) has effect as if the words “in compliance with section 153(2)” were omitted.
Textual Amendments F434 Ss. 226A, 226B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 124, 151(1); S.I. 2012/2906, art. 2(e) F435 Words in s. 226A heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019
(c. 3), ss. 9(3)(a), 27(3) (with s. 25(3)(4)) F436 Words in s. 226A(7) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 8(2)(a),
22(1) (with Sch. 7 para. 4); S.I. 2015/40, art. 2(h) F437 S. 226A(7A) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 8(2)(b), 22(1) (with
Sch. 7 para. 4); S.I. 2015/40, art. 2(h) F438 Words in s. 226A(8)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019
(c. 3), ss. 9(3)(b), 27(3) (with s. 25(3)(4))
Modifications etc. (not altering text) C60 S. 226A modified (temp.) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 21 para. 36(2); S.I. 2012/2906, art. 2(s) C61 Ss. 226A(4)-(9) applied (with modifications) by Armed Forces Act 2006 (c. 52), s. 219A(4)(5) (as
inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 5; S.I. 2012/2906, art. 2(t))
226B Extended sentence for certain violent[F439, sexual or terrorism] offences: persons under 18
(1) This section applies where— (a) a person aged under 18 is convicted of a specified offence (whether the offence
was committed before or after this section comes into force), (b) the court considers that there is a significant risk to members of the public
of serious harm occasioned by the commission by the offender of further specified offences,
(c) the court is not required by section 226(2) to impose a sentence of detention for life under section 91 of the Sentencing Act, and
(d) if the court were to impose an extended sentence of detention, the term that it would specify as the appropriate custodial term would be at least 4 years.
(2) The court may impose an extended sentence of detention on the offender.
(3) An extended sentence of detention is a sentence of detention the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and (b) a further period (the “extension period”) for which the offender is to be subject
to a licence.
(4) The appropriate custodial term is the term of detention that would (apart from this section) be imposed in compliance with section 153(2).
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(5) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences, subject to [F440subsections (5A) to (7)].
[ F441(5A)
The extension period must be at least 1 year.]
(6) The extension period must not exceed— (a) 5 years in the case of a specified violent offence, and (b) 8 years in the case of a specified sexual offence [F442or a specified terrorism
offence].
(7) The term of an extended sentence of detention imposed under this section in respect of an offence may not exceed the term that, at the time the offence was committed, was the maximum term of imprisonment permitted for the offence in the case of a person aged 18 or over.
(8) In subsections (1)(a) and (6), references to a specified offence, a specified violent offence and a specified sexual offence include an offence that—
(a) was abolished before 4 April 2005, and (b) would have constituted such an offence if committed on the day on which the
offender was convicted of the offence.
(9) Where the offence mentioned in subsection (1)(a) was committed before 4 April 2005—
(a) subsection (1) has effect as if paragraph (c) were omitted, and (b) subsection (4) has effect as if the words “in compliance with section 153(2)”
were omitted.]
Textual Amendments F434 Ss. 226A, 226B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 124, 151(1); S.I. 2012/2906, art. 2(e) F439 Words in s. 226B heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019
(c. 3), ss. 9(4)(a), 27(3) (with s. 25(3)(4)) F440 Words in s. 226B(5) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 8(3)(a),
22(1) (with Sch. 7 para. 4); S.I. 2015/40, art. 2(h) F441 S. 226B(5A) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 8(3)(b), 22(1) (with
Sch. 7 para. 4); S.I. 2015/40, art. 2(h) F442 Words in s. 226B(6)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019
(c. 3), ss. 9(4)(b), 27(3) (with s. 25(3)(4))
Modifications etc. (not altering text) C62 S. 226B modified (temp.) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 21 para. 36(3); S.I. 2012/2906, art. 2(s) C63 Ss. 226B(2)-(7) applied (with modifications) by Armed Forces Act 2006 (c. 52), s. 221A(2)-(7) (as
inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 9; S.I. 2012/2906, art. 2(t))
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F443227 Extended sentence for certain violent or sexual offences: persons 18 or over
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F443 S. 227 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 123(c), 151(1); S.I. 2012/2906, art. 2(e) (with art. 6)
F444228 Extended sentence for certain violent or sexual offences: persons under 18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F444 S. 228 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 123(d), 151(1); S.I. 2012/2906, art. 2(e) (with art. 6)
229 The assessment of dangerousness
(1) This section applies where— (a) a person has been convicted of a specified offence, and (b) it falls to a court to assess under any of sections 225 to 228 whether there is
a significant risk to members of the public of serious harm occasioned by the commission by him of further such offences.
(2) F445. . . , the court in making the assessment referred to in subsection (1)(b)— (a) must take into account all such information as is available to it about the nature
and circumstances of the offence, [F446(aa) may take into account all such information as is available to it about the
nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,]
(b) may take into account any information which is before it about any pattern of behaviour of which [F447any of the offences mentioned in paragraph (a) or (aa)] forms part, and
(c) may take into account any information about the offender which is before it.
[F448(2A) The reference in subsection (2)(aa) to a conviction by a court includes a reference to— [F449(a) a conviction of an offence in any service disciplinary proceedings, and]
(b) a conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).]
[F450(2B) For the purposes of subsection (2A)(a) “service disciplinary proceedings” means— (a) any proceedings under the Army Act 1955, the Air Force Act 1955 or the
Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), and
(b) any proceedings before a Standing Civilian Court;
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and “conviction” includes the recording of a finding that a charge in respect of the offence has been proved.]
(3) F451. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) F452. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F445 Words in s. 229(2) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(2)
(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 8, 50(2)(c) F446 Words in s. 229(2)(aa) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss.
17(2)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 8 F447 Words in s. 229(2)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss.
17(2)(c), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 8 F448 S. 229(2A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(3), 153;
S.I. 2008/1586, art. 2(1), Sch. 1 para. 8 F449 S. 229(2A)(a) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21
para. 95(2) (with s. 180, Sch. 21 para. 47) F450 S. 229(2B) inserted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para.
95(3) (with s. 180, Sch. 21 para. 47) F451 S. 229(3) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(4), 149,
153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) F452 S. 229(4) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(4), 149,
153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c)
Modifications etc. (not altering text) C64 S. 229(2)(2A) applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009)
by Armed Forces Act 2006 (c. 52), ss. 223(2)(3), 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 145, Sch. 25 para. 17; S.I. 2009/1028, art. 2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; S.I. 2009/1028, art. 2(b)
C65 S. 229(2A)(b) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(7)
Commencement Information I157 S. 229 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject
to art. 2(2), Sch. 2)
230 Imprisonment or detention for public protection: release on licence
Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) shall have effect.
Commencement Information I158 S. 230 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject
to art. 2(2), Sch. 2)
206 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
[F453Supplementary]
Textual Amendments F453 Cross-heading in Pt. 12 Ch. 5 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 19; S.I. 2012/2906, art. 2(q)
231 Appeals where previous convictions set aside
[F454(A1) Subsection (2) applies where— (a) a sentence has been imposed on a person under section 224A, (b) a previous conviction of that person has been subsequently set aside on appeal,
and (c) without that conviction, the previous offence condition in section 224A(4)
would not have been met.]
[F455(1) [F456Subsection (2) also] applies where— (a) a sentence has been imposed on any person under section 225(3)[F457, 226A]
or 227(2), (b) the condition in section 225(3A) or (as the case may be) [F458226A(2) or]
227(2A) was met but the condition in section 225(3B) or (as the case may be) [F459226A(3) or] 227(2B) was not, and
(c) any previous conviction of his without which the condition in section 225(3A) or (as the case may be) [F460226A(2) or] 227(2A) would not have been met has been subsequently set aside on appeal.]
(2) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968 (c. 19), notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.
[F461(3) Subsection (4) applies where— (a) a sentence has been imposed on a person under section 224A, (b) a previous sentence imposed on that person has been subsequently modified
on appeal, and (c) taking account of that modification, the previous offence condition in
section 224A(4) would not have been met.
(4) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence mentioned in subsection (3)(a) may be given at any time within 28 days from the date on which the previous sentence was modified.]
Textual Amendments F454 S. 231(A1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 19 para. 20(2); S.I. 2012/2906, art. 2(q) F455 S. 231(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 18(1), 153;
S.I. 2008/1586, art. 2(1), Sch. 1 para. 9 F456 Words in s. 231(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 19 para. 20(3); S.I. 2012/2906, art. 2(q) F457 Words in s. 231(1)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 21 para. 25(a); S.I. 2012/2906, art. 2(s)
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
F458 Words in s. 231(1)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 25(b)(i); S.I. 2012/2906, art. 2(s)
F459 Words in s. 231(1)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 25(b)(ii); S.I. 2012/2906, art. 2(s)
F460 Words in s. 231(1)(c) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 25(c); S.I. 2012/2906, art. 2(s)
F461 S. 231(3)(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 20(4); S.I. 2012/2906, art. 2(q)
Commencement Information I159 S. 231 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject
to art. 2(2), Sch. 2)
F462232 Certificates of convictions for purposes of sections 225 and 227
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F462 S. 232 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 21 para. 26; S.I. 2012/2906, art. 2(s)
[F463232ACertificates of conviction
Where— (a) on any date after the commencement of Schedule 15B a person is convicted
in England and Wales of an offence listed in that Schedule, and (b) the court by or before which the person is so convicted states in open court
that the person has been convicted of such an offence on that date, and (c) that court subsequently certifies that fact,
that certificate is evidence, for the purposes of [F464sections 224A and 226A], that the person was convicted of such an offence on that date.]
Textual Amendments F463 S. 232A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10),
s. 151(1), Sch. 19 para. 21; S.I. 2012/2906, art. 2(q) F464 Words in s. 232A substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 5(2),
95(1); S.I. 2015/778, art. 3, Sch. 1 para. 5
233 Offences under service law F465. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F465 S. 233 repealed (23.3.2010) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 149, 153,
Sch. 26 para. 70, {Sch. 28 para. Pt. 2}; S.I. 2010/712, art. 2(c)(f)
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234 Determination of day when offence committed F466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F466 S. 234 repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 18(3), 149, 153,
{Sch. 28 para. Pt. 2}; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 9, 50(2)(c)
235 Detention under sections 226[F467, 226B] and 228
A person sentenced to be detained under section 226[F468, 226B] or 228 is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose.
Textual Amendments F467 Words in s. 235 heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 21 para. 28; S.I. 2012/2906, art. 2(s) F468 Words in s. 235 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 21 para. 27; S.I. 2012/2906, art. 2(s)
Modifications etc. (not altering text) C66 S. 235 applied by Armed Forces Act 2006 (c. 52), s. 224 (as substituted (3.12.2012) by Legal Aid,
Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 29; S.I. 2012/2906, art. 2(t))
Commencement Information I160 S. 235 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject
to art. 2(2), Sch. 2)
236 Conversion of sentences of detention into sentences of imprisonment
For section 99 of the Sentencing Act (conversion of sentence of detention and custody into sentence of imprisonment) there is substituted—
“Conversion of sentence of detention to sentence of imprisonment
99 Conversion of sentence of detention to sentence of imprisonment
(1) Subject to the following provisions of this section, where an offender has been sentenced by a relevant sentence of detention to a term of detention and either—
(a) he has attained the age of 21, or (b) he has attained the age of 18 and has been reported to the Secretary of
State by the board of visitors of the institution in which he is detained as exercising a bad influence on the other inmates of the institution or as behaving in a disruptive manner to the detriment of those inmates,
the Secretary of State may direct that he shall be treated as if he had been sentenced to imprisonment for the same term.
Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing CHAPTER 5A – Other offenders of particular concern Document Generated: 2021-03-17
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(2) Where the Secretary of State gives a direction under subsection (1) above in relation to an offender, the portion of the term of detention imposed under the relevant sentence of detention which he has already served shall be deemed to have been a portion of a term of imprisonment.
(3) Where the Secretary of State gives a direction under subsection (1) above in relation to an offender serving a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 the offender shall be treated as if he had been sentenced under section 225 of that Act; and where the Secretary of State gives such a direction in relation to an offender serving an extended sentence of detention under section 228 of that Act the offender shall be treated as if he had been sentenced under section 227 of that Act.
(4) Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a relevant sentence of detention shall continue to have effect after a direction under subsection (1) has been given in relation to him.
(5) In this section “relevant sentence of detention” means— (a) a sentence of detention under section 90 or 91 above, (b) a sentence of detention for public protection under section 226 of the
Criminal Justice Act 2003, or (c) an extended sentence of detention under section 228 of that Act.”
Commencement Information I161 S. 236 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject
to art. 2(2), Sch. 2)
[F469CHAPTER 5A
OTHER OFFENDERS OF PARTICULAR CONCERN
Textual Amendments F469 Pt. 12 Ch. 5A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1
para. 2 (with Sch. 1 paras. 9, 10(2)); S.I. 2015/778, art. 3, Sch. 1 para. 72
236A Special custodial sentence for certain offenders of particular concern
(1) Subsection (2) applies where— (a) a person is convicted of an offence listed in Schedule 18A (whether the offence
was committed before or after this section comes into force), (b) the person was aged 18 or over when the offence was committed, and (c) the court does not impose one of the following for the offence—
(i) a sentence of imprisonment for life, or (ii) an extended sentence under section 226A.
210 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
(2) If the court imposes a sentence of imprisonment for the offence, the term of the sentence must be equal to the aggregate of—
(a) the appropriate custodial term, and (b) a further period of 1 year for which the offender is to be subject to a licence.
(3) The “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.
(4) The term of a sentence of imprisonment imposed under this section for an offence must not exceed the term that, at the time the offence was committed, was the maximum term permitted for the offence.
(5) The references in subsections (1)(c) and (2) to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it.
(6) The Secretary of State may by order amend Schedule 18A by— (a) adding offences, or (b) varying or omitting offences listed in the Schedule.
(7) An order under subsection (6) may, in particular, make provision that applies in relation to the sentencing of a person for an offence committed before the provision comes into force.]
Modifications etc. (not altering text) C67 S. 236A(2)-(4) applied by 2006 c. 52, s. 224A(2) (as inserted (13.4.2015) by Criminal Justice and
Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 8; S.I 2015/778, art. 3, Sch. 1)
CHAPTER 6
[F470 RELEASE, LICENCES[F471, SUPERVISION] AND RECALL ]
Textual Amendments F470 Pt. 12 Ch. 6 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 14 para. 16; S.I. 2012/2906, art. 2(l) F471 Word in Pt. 12 Ch. 6 heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1),
Sch. 3 para. 15 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Modifications etc. (not altering text) C68 Pt. 12 Ch. 6 applied to any person serving a sentence for an offence committed before 4 April 2005
(whenever that sentence was or is imposed) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 121(1), 151(1); S.I. 2012/2906, art. 2(d)
C69 Pt. 12 Ch. 6 applied (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 7 para. 2(a); S.I. 2015/40, art. 2(x)
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
Preliminary
237 Meaning of “fixed-term prisoner” [F472etc]
(1) In this Chapter “fixed-term prisoner” means— (a) a person serving a sentence of imprisonment for a determinate term, or (b) a person serving a determinate sentence of detention under section 91 [F473or
96] of the Sentencing Act or under section [F474226A, 226B,][F475227 ][F476, 228 or 236A] of this Act.
[F477and “fixed-term sentence” means a sentence falling within paragraph (a) or (b).]
[F478(1B) In this Chapter— (a) references to a sentence of imprisonment include such a sentence passed by
a service court; (b) references to a sentence of detention under section 91 of the Sentencing Act
include a sentence of detention under section 209 of the Armed Forces Act 2006;
[ F479(ba)
references to a sentence under section 226A of this Act include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;
(bb) references to a sentence under section 226B of this Act include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;]
(c) references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 [F480or section 240A]; F481...
(d) references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act[F482, and
(e) references to a sentence under section 236A of this Act include a sentence under that section passed as a result of section 224A of that Act.]
(1C) Nothing in subsection (1B) has the effect that [F483section 240ZA] or 265 (provision equivalent to which is made by the Armed Forces Act 2006) [F484or section 240A] applies to a service court.]
(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.
[F485(3) In this Chapter, references to a sentence of detention under section 96 of the Sentencing Act or section [F486226A][F487, 227 or 236A] of this Act are references to a sentence of detention in a young offender institution.]
Textual Amendments F472 Word in s. 237 heading inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed
Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 219; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F473 Words in s. 237(1)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(2)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F474 Words in s. 237(1)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 2(2); S.I. 2012/2906, art. 2(r)
212 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
F475 Words in s. 237(1)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(2)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F476 Words in s. 237(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 15(2); S.I. 2015/778, art. 3, Sch. 1 para. 72
F477 Words in s. 237(1) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 2(3), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(b)
F478 S. 237(1B)(1C) inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 219; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F479 S. 237(1B)(ba)(bb) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 21; S.I. 2012/2906, art. 2(t)
F480 Words in s. 237(1B) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(2), 153; S.I. 2009/2606, art. 3(a)
F481 Word in s. 237(1B)(c) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 15(3)(a); S.I. 2015/778, art. 3, Sch. 1 para. 72
F482 S. 237(1B)(e) and word inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 15(3)(b); S.I. 2015/778, art. 3, Sch. 1 para. 72
F483 Words in s. 237(1C) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(2)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F484 Words in s. 237(1C) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(2)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F485 S. 237(3) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(3), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F486 Words in s. 237(3) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 2(3); S.I. 2012/2906, art. 2(r)
F487 Words in s. 237(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 15(4); S.I. 2015/778, art. 3, Sch. 1 para. 72
Modifications etc. (not altering text) C70 S. 237(1B) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act
2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(8)
Commencement Information I162 S. 237 wholly in force at 4.4.2005; s. 237 not in force at Royal Assent, see s. 336(3); s. 237 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 237 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
Power of court to recommend licence conditions
238 Power of court to recommend licence conditions for certain prisoners
(1) A court which sentences an offender to a term of imprisonment of twelve months or more in respect of any offence may, when passing sentence, recommend to the Secretary of State particular conditions which in its view should be included in any licence granted to the offender under this Chapter on his release from prison.
(2) In exercising his powers under section 250(4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under subsection (1).
(3) A recommendation under subsection (1) is not to be treated for any purpose as part of the sentence passed on the offender.
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(4) This section does not apply in relation to a sentence of detention under section 91 of the Sentencing Act or section [F488226B] of this Act.
Textual Amendments F488 Word in s. 238(4) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 20 para. 3; S.I. 2012/2906, art. 2(r)
Modifications etc. (not altering text) C71 S. 238(1) modified (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act
2006 (c. 52), ss. 262, 383 (with s. 271(1)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information I163 S. 238 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject
to art. 2(2), Sch. 2)
239 The Parole Board
(1) The Parole Board is to continue to be, by that name, a body corporate and as such is— (a) to be constituted in accordance with this Chapter, and (b) to have the functions conferred on it by this Chapter in respect of fixed-term
prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life prisoners within the meaning of that Chapter.
(2) It is the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is to do with the early release or recall of prisoners.
(3) The Board must, in dealing with cases as respects which it makes recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997 Act, consider—
(a) any documents given to it by the Secretary of State, and (b) any other oral or written information obtained by it;
and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and must consider the report of the interview made by that member.
(4) The Board must deal with cases as respects which it gives directions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all such evidence as may be adduced before it.
(5) Without prejudice to subsections (3) and (4), the Secretary of State may make rules with respect to the proceedings of the Board, including proceedings authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.
(6) The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the Secretary of State must have regard to—
(a) the need to protect the public from serious harm from offenders, and
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(b) the desirability of preventing the commission by them of further offences and of securing their rehabilitation.
(7) Schedule 19 shall have effect with respect to the Board.
Commencement Information I164 S. 239 wholly in force at 4.4.2005; s. 239 not in force at Royal Assent, see s. 336(3); s. 239 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 239(5)(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 239 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
Effect of remand in custody [F489or on bail subject to certain types of condition]
Textual Amendments F489 Words in s. 240 cross-heading inserted (3.11.2008) by Criminal Justice and Immigration Act 2008
(c. 4), ss. 21(3), 153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4)
F490240 Crediting of periods of remand in custody: terms of imprisonment and detention
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F490 S. 240 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 108(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
[F491240ZATime remanded in custody to count as time served: terms of imprisonment and detention
(1) This section applies where— (a) an offender is serving a term of imprisonment in respect of an offence, and (b) the offender has been remanded in custody (within the meaning given by
section 242) in connection with the offence or a related offence.
(2) It is immaterial for that purpose whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)).
(3) The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence.
But this is subject to subsections (4) to (6).
(4) If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served.
(5) A day counts as time served— (a) in relation to only one sentence, and
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
(b) only once in relation to that sentence.
(6) A day is not to count as time served as part of any [F492automatic release period served by the offender] (see section 255B(1)).
(7) For the purposes of this section a suspended sentence— (a) is to be treated as a sentence of imprisonment when it takes effect under
paragraph 8(2)(a) or (b) of Schedule 12, and (b) is to be treated as being imposed by the order under which it takes effect.
(8) In this section “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.
(9) For the purposes of the references in subsections (3) and (5) to the term of imprisonment to which a person has been sentenced (that is to say, the reference to the offender's “sentence”), consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term 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 at any time during the period beginning with the first and ending with the last of those occasions.
(10) The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—
(a) detention pursuant to any custodial sentence; (b) committal in default of payment of any sum of money; (c) committal for want of sufficient distress to satisfy any sum of money; (d) committal for failure to do or abstain from doing anything required to be done
or left undone.
(11) This section applies to a determinate sentence of detention under section 91 or 96 of the Sentencing Act or section [F493226A, 226B,] 227[F494, 228 or 236A] of this Act as it applies to an equivalent sentence of imprisonment.]
Textual Amendments F491 S. 240ZA inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 108(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F492 Words in s. 240ZA(6) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(6),
22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i) F493 Words in s. 240ZA(11) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 20 para. 4; S.I. 2012/2906, art. 2(r) F494 Words in s. 240ZA(11) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s.
95(1), Sch. 1 para. 16; S.I. 2015/778, art. 3, Sch. 1 para. 72
[F495240A[F496Time remanded on bail to count towards time served]: terms of imprisonment and detention
(1) This section applies where— (a) a court sentences an offender to imprisonment for a term in respect of an
offence F497... ,
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(b) the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and
(c) the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).
(2) Subject to [F498subsections (3A) and (3B)], the court must direct that the credit period is to count as time served by the offender as part of the sentence.
[F499(3) The credit period is calculated by taking the following steps. Step 1 Add—
(a) the day on which the offender's bail was first subject to the relevant conditions (and for this purpose a condition is not prevented from being a relevant condition by the fact that it does not apply for the whole of the day in question), and
(b) the number of other days on which the offender's bail was subject to those conditions (but exclude the last of those days if the offender spends the last part of it in custody).
Step 2 Deduct the number of days on which the offender, whilst on bail subject to the relevant conditions, was also—
(a) subject to any requirement imposed for the purpose of securing the electronic monitoring of the offender's compliance with a curfew requirement, or
(b) on temporary release under rules made under section 47 of the Prison Act 1952.
Step 3 From the remainder, deduct the number of days during that remainder on which the offender has broken either or both of the relevant conditions. Step 4 Divide the result by 2. Step 5 If necessary, round up to the nearest whole number.
(3A) A day of the credit period counts as time served— (a) in relation to only one sentence, and (b) only once in relation to that sentence.
(3B) A day of the credit period is not to count as time served as part of any [F500automatic release period served by the offender] (see section 255B(1)).]
(8) Where the court gives a direction under subsection (2) F501... it shall state in open court—
(a) the number of days on which the offender was subject to the relevant conditions, and
[F502(b) the number of days (if any) which it deducted under each of steps 2 and 3.] F503(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F503(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) [F504Subsections (7) to (9) and (11) of section 240ZA] apply for the purposes of this section as they apply for the purposes of that section but as if—
(a) in subsection (7)— (i) the reference to a suspended sentence is to be read as including a
reference to a sentence to which an order under section 118(1) of the Sentencing Act relates;
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
(ii) in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of the Sentencing Act; and
(b) [F505in subsection (9) the references to subsections (3) and (5) of section 240ZA are] to be read as a reference to subsection (2) of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991.
(12) In this section— [F506“curfew requirement” means a requirement (however described) to
remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction;]
“electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition;
“qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; F507...
F507. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
Textual Amendments F495 S. 240A inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(4), 153; S.I.
2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4) F496 Words in s. 240A heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 109(8), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F497 Words in s. 240A(1)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 14; S.I. 2012/2906, art. 2(n) F498 Words in s. 240A(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 109(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F499 S. 240A(3)-(3B) substituted for s. 240A(3)-(8) (3.12.2012) by Legal Aid, Sentencing and Punishment
of Offenders Act 2012 (c. 10), ss. 109(3), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F500 Words in s. 240A(3B) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(7),
22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i) F501 Words in s. 240A(8) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 109(4)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F502 S. 240A(8)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 109(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F503 S. 240A(9)(10) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 109(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F504 Words in s. 240A(11) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 109(6)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F505 Words in s. 240A(11)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 109(6)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F506 Words in s. 240A(12) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 109(7)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F507 Words in s. 240A(12) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 109(7)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
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Modifications etc. (not altering text) C72 S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008
(S.I. 2008/2793), art. 2 C73 S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008
(S.I. 2008/2793), art. 3 C74 S. 240A(2) excluded (3.11.2008) by The Remand on Bail (Disapplication of Credit Period) Rules 2008
(S.I. 2008/2793), art. 4
241 Effect of [F508section 240ZA or direction under section 240A] on release on licence
(1) In determining for the purposes of this Chapter F509... whether a person [F510to whom section 240ZA applies or a direction under section 240A relates]—
(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 [F511specified in section 240ZA or in the direction under section 240A] are to be treated as having been served by him as part of that sentence or period.
[F512(1A) In subsection (1) the reference to [F513section 240ZA includes] section 246 of the Armed Forces Act 2006.]
F514(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F508 Words in s. 241 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 110(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F509 Words in s. 241(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 20(a); S.I. 2012/2906, art. 2(h) F510 Words in s. 241(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 110(4)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F511 Words in s. 241(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 110(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F512 S. 241(1A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006
(c.52), ss. 378(1), 383, Sch. 16 para. 220; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F513 Words in s. 241(1A) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F514 S. 241(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 20(b); S.I. 2012/2906, art. 2(h)
Modifications etc. (not altering text) C75 S. 241 modified (26.1.2004) by The Intermittent Custody (Transitory Provisions) Order 2003 (S.I.
2003/3283), art. 3
Commencement Information I165 S. 241 wholly in force 4.4.2005; s. 241 not in force at Royal Assent, see s. 336(3); s. 241 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 241 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
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242 Interpretation of [F515sections 240ZA][F516, 240A] and 241
(1) For the purposes of [F515sections 240ZA][F516, 240A] and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted—
““sentence of imprisonment” does not include a committal— (a) in default of payment of any sum of money, other than one
adjudged to be paid on a conviction,”;
and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly.
(2) References in [F515sections 240ZA] and 241 to an offender’s being remanded in custody are references to his being—
(a) remanded in or committed to custody by order of a court, (b) remanded [F517to youth detention accommodation under section 91(4) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012], or (c) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of
the Mental Health Act 1983 (c. 20). F518(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F515 Words in s. 242 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 110(7), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F516 Words in s. 242 inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 21(6),
153; S.I. 2008/2712, art. 2, Sch. para. 1 (subject to arts. 3, 4) F517 Words in s. 242(2)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 51(a); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3)) F518 S. 242(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 12 para. 51(b); S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
Modifications etc. (not altering text) C76 S. 242(2) applied (1.12.2008) by The Criminal Justice Act 1988 (c. 33), s. 133B(8) (as inserted by
Criminal Justice and Immigration Act 2008 (c. 4), ss. 61(7), 153; S.I. 2008/2993, art. 2 (subject to art. 3))
Commencement Information I166 S. 242 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject
to art. 2(2), Sch. 2)
243 Persons extradited to the United Kingdom
(1) A fixed-term prisoner is an extradited prisoner for the purposes of this section if— (a) he was tried for the offence in respect of which his sentence was imposed
[F519or he received that sentence]— (i) after having been extradited to the United Kingdom, and
(ii) without having first been restored or had an opportunity of leaving the United Kingdom, and
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(b) he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a).
[F520(2) In the case of an extradited prisoner, the court must specify in open court the number of days for which the prisoner was kept in custody while awaiting extradition.
(2A) Section 240ZA applies to days specified under subsection (2) as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence.]
F521(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F519 Words in s. 243(1) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13
para. 31; S.I. 2006/3364, art. 2 F520 S. 243(2)(2A) substituted for s. 243(2) (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 110(8), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F521 S. 243(3) repealed (27.7.2004) by The Extradition Act 2003 (Repeals) Order 2004 (S.I. 2004/1897),
art. 3
Modifications etc. (not altering text) C77 S. 243 applied (15.1.2007) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), s. 101(12A) (as
inserted by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 32; S.I. 2006/3364, art. 2)
Commencement Information I167 S. 243 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject
to art. 2(2), Sch. 2)
[F522Unconditional release
Textual Amendments F522 S. 243A and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 111(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
243A Duty to release [F523certain] prisoners serving less than 12 months
[F524(1) This section applies to a fixed-term prisoner if— (a) the prisoner is serving a sentence which is for a term of 1 day, or (b) the prisoner—
(i) is serving a sentence which is for a term of less than 12 months, and (ii) is aged under 18 on the last day of the requisite custodial period.
(1A) This section also applies to a fixed-term prisoner if— (a) the prisoner is serving a sentence which is for a term of less than 12 months,
and (b) the sentence was imposed in respect of an offence committed before the day
on which section 1 of the Offender Rehabilitation Act 2014 came into force.]
[ But this section does not apply to a prisoner to whom section 247A applies.]
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F525(1B)
(2) As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally.
(3) For the purposes of this section “the requisite custodial period” is— (a) [F526in relation to a person serving one sentence], one-half of the sentence, and (b) in relation to a person serving two or more concurrent or consecutive
sentences, the period determined under sections 263(2) and 264(2).
(4) This section is subject to— (a) section 256B (supervision of young offenders after release), and (b) paragraph 8 of Schedule 20B (transitional cases).]
Textual Amendments F523 Word in s. 243A heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1),
Sch. 3 para. 16 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u) F524 S. 243A(1)(1A) substituted for s. 243A(1) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss.
1, 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(a) F525 S. 243A(1B) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3),
ss. 2(2), 10(4) F526 Words in s. 243A(3)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1),
Sch. 3 para. 17 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Modifications etc. (not altering text) C78 S. 243A applied by Crime (Sentences) Act 1997 (c. 43), Sch. 1 paras. 8(2)(a), 9(2)(a) (as amended
(3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 2; S.I. 2012/2906, art. 2(l))
C79 S. 243A excluded by International Criminal Court Act 2001 (c. 17), Sch. 7 para. 3(1) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 4; S.I. 2012/2906, art. 2(l))
Release on licence
244 Duty to release prisoners
(1) As soon as a fixed-term prisoner, other than a prisoner to whom section [F527243A[F528, 244A][F529, 246A]][F530, 247 or 247A] applies, has served the requisite custodial period [F531for the purposes of this section], it is the duty of the Secretary of State to release him on licence under this section.
[F532(1A) Subsection (1) does not apply if the prisoner has been released on licence under section 246 [F533or 248] and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C).]
F534(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) [F535For the purposes of this section] “the requisite custodial period” means— (a) [F536in relation to a prisoner serving one sentence], one-half of his sentence,
F537(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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F537(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) in relation to a person serving two or more concurrent or consecutive
sentences F538... , the period determined under sections 263(2) and 264(2).
[F539(4) This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).]
Textual Amendments F527 Words in s. 244(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 14 para. 6(2)(a); S.I. 2012/2906, art. 2(l) F528 Word in s. 244(1) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1
para. 5; S.I. 2015/778, art. 3, Sch. 1 para. 72 F529 Word in s. 244(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 125(2), 151(1); S.I. 2012/2906, art. 2(e) F530 Words in s. 244(1) substituted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act
2020 (c. 3), ss. 2(3), 10(4) F531 Words in s. 244(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 14 para. 6(2)(b); S.I. 2012/2906, art. 2(l) F532 S. 244(1A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 114(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F533 Words in s. 244(1A) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(2), 22(1)
(with Sch. 7 para. 5); S.I. 2015/40, art. 2(i) F534 S. 244(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 21(2); S.I. 2012/2906, art. 2(h) F535 Words in s. 244(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 14 para. 6(3)(a); S.I. 2012/2906, art. 2(l) F536 Words in s. 244(3)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch.
3 para. 18 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u) F537 S. 244(3)(b)(c) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 10 para. 21(3)(a); S.I. 2012/2906, art. 2(h); S.I. 2012/2906, art. 2(h) F538 Words in s. 244(3)(d) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 21(3)(b); S.I. 2012/2906, art. 2(h) F539 S. 244(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 17 para. 2; S.I. 2012/2906, art. 2(o)
Modifications etc. (not altering text) C80 S. 244(3)(a) modified (1.4.2020) by The Release of Prisoners (Alteration of Relevant Proportion of
Sentence) Order 2020 (S.I. 2020/158), arts. 1, 3 (with art. 5)
Commencement Information I168 S. 244 partly in force; s. 244 not in force at Royal Assent, see s. 336(3); s. 244(1)(2)(3)(c)(d) in force
for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 244(1)(2)(3)(a)(d) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
[F540244ARelease on licence of prisoners serving sentence under section 236A
(1) This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A[F541, other than a prisoner to whom section 247A applies].
(2) The Secretary of State must refer P's case to the Board— (a) as soon as P has served the requisite custodial period, and
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(b) where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.
(3) It is the duty of the Secretary of State to release P on licence under this section as soon as—
(a) P has served the requisite custodial period, and (b) the Board has directed P's release under this section.
(4) The Board must not give a direction under subsection (3) unless— (a) the Secretary of State has referred P's case to the Board, and (b) the Board is satisfied that it is not necessary for the protection of the public
that P should be confined.
(5) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by sections 255A to 255C).
(6) For the purposes of this section— “the appropriate custodial term” means the term determined as such by the
court under section 236A; “the requisite custodial period” means—
(a) in relation to a person serving one sentence, one-half of the appropriate custodial term, and
(b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).]
Textual Amendments F540 S. 244A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 6;
S.I. 2015/778, art. 3, Sch. 1 para. 72 F541 Words in s. 244A(1) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act
2020 (c. 3), ss. 2(4), 10(4)
F542245 Restrictions on operation of section 244(1) in relation to intermittent custody prisoners
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F542 S. 245 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 10 para. 22; S.I. 2012/2906, art. 2(h)
246 Power to release prisoners on licence before required to do so
(1) Subject to subsections (2) to (4), the Secretary of State may—
224 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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(a) release on licence under this section a fixed-term prisonerF543... at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period, F544...
F544(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Subsection (1)(a) does not apply in relation to a prisoner unless— (a) the length of the requisite custodial period is at least 6 weeks, [F545and (b) he has served—
(i) at least 4 weeks of that period, and (ii) at least one-half of that period.]
F546(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (1) does not apply where— (a) the sentence is imposed under section [F547226A,] 227[F548, 228 or 236A],
[F549(aa) the sentence is for a term of 4 years or more,] [F550(ab) the prisoner is one to whom section 247A applies,]
(b) the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),
(c) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),
(d) the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 in a case where the prisoner has failed to comply with a curfew requirement of a community order,
(e) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42),
(f) the prisoner is liable to removal from the United Kingdom, (g) the prisoner has been released on licence under this section [F551at any time],
and has been recalled to prison under section 255(1)(a) [F552(and the revocation has not been cancelled under section 255(3))],
[F553(ga) the prisoner has at any time been released on licence under section 34A of the Criminal Justice Act 1991 and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act);]
(h) the prisoner has been released on licence under section 248 during the currency of the sentence, and has been recalled to prison under section 254, F554...
[F555(ha) the prisoner has at any time been returned to prison under section 40 of the Criminal Justice Act 1991 or section 116 of the Sentencing Act, or]
(i) in the case of a prisoner [F556to whom section 240ZA applies or a direction under section 240A relates], the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days F557... .
[F558(4ZA) Where subsection (4)(aa) applies to a prisoner who is serving two or more terms of imprisonment, the reference to the term of the sentence is—
(a) if the terms are partly concurrent, a reference to the period which begins when the first term begins and ends when the last term ends;
(b) if the terms are to be served consecutively, a reference to the aggregate of the terms.]
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[F559(4A) In subsection (4)— (a) the reference in paragraph (d) to a community order includes a service
community order or overseas community order under the Armed Forces Act 2006; and
(b) the reference in paragraph (i) to [F560section 240ZA includes] section 246 of that Act.]
(5) The Secretary of State may by order— (a) amend the number of days for the time being specified in subsection (1)(a)
F561... or (4)(i), (b) amend the number of weeks for the time being specified in subsection (2)(a)
or (b)(i), and (c) amend the fraction for the time being specified in subsection (2)(b)(ii) F562... .
(6) In this section— F563. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “the requisite custodial period” in relation to a person serving any sentence
F564... , has the meaning given by [F565paragraph (a) or (b) of section 243A(3) or (as the case may be)] paragraph (a)F564... or (d) of section 244(3);
F566. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F567“term of imprisonment” includes a determinate sentence of detention
under section 91 or 96 of the Sentencing Act or under section [F568226A, 226B,] 227[F569, 228 or 236A] of this Act.]
Textual Amendments F543 Words in s. 246(1)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(2)(a); S.I. 2012/2906, art. 2(h) F544 S. 246(1)(b) and preceding word omitted (3.12.2012) by virtue of Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(2)(b); S.I. 2012/2906, art. 2(h) F545 S. 246(2)(b) and word substituted (14.7.2008) for s. 246(2)(b) by Criminal Justice and Immigration
Act 2008 (c. 4), ss. 24, 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 11 F546 S. 246(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 23(3); S.I. 2012/2906, art. 2(h) F547 Words in s. 246(4)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 20 para. 5(2); S.I. 2012/2906, art. 2(r) F548 Words in s. 246(4)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 1 para. 7(2); S.I. 2015/778, art. 3, Sch. 1 para. 72 F549 S. 246(4)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 112(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F550 S. 246(4)(ab) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020
(c. 3), ss. 2(5), 10(4) F551 Words in s. 246(4)(g) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 112(3)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F552 Words in s. 246(4)(g) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 112(3)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F553 S. 246(4)(ga) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 15(4), 95(1)
(with s. 15(10)); S.I. 2015/778, art. 3, Sch. 1 para. 11 F554 Word in s. 246(4)(h) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 112(4), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
226 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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F555 S. 246(4)(ha) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(4), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F556 Words in s. 246(4)(i) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(9)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F557 Words in s. 246(4)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(4); S.I. 2012/2906, art. 2(h)
F558 S. 246(4ZA) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F559 S. 246(4A) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 221; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F560 Words in s. 246(4A)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(9)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F561 Words in s. 246(5)(a) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(5)(a); S.I. 2012/2906, art. 2(h)
F562 Words in s. 246(5)(c) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(5)(b); S.I. 2012/2906, art. 2(h)
F563 Words in s. 246(6) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(6)(a); S.I. 2012/2906, art. 2(h)
F564 Words in s. 246(6) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(6)(b); S.I. 2012/2906, art. 2(h)
F565 Words in s. 246(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 7; S.I. 2012/2906, art. 2(l)
F566 Words in s. 246(6) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 23(6)(c); S.I. 2012/2906, art. 2(h)
F567 Words in s. 246(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 112(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F568 Words in s. 246(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 5(3); S.I. 2012/2906, art. 2(r)
F569 Words in s. 246(6) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 7(3); S.I. 2015/778, art. 3, Sch. 1 para. 72
Commencement Information I169 S. 246 wholly in force at 4.4.2005; s. 246 not in force at Royal Assent, see s. 336(3); s. 246(1)(b)(3)
(4)(b)-(i)(5)(6) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 246(5) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 246 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
[F570246ARelease on licence of prisoners serving extended sentence under section 226A or 226B
(1) This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B[F571, other than a prisoner to whom section 247A applies] .
(2) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section [F572if—
(a) the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,
(b) the appropriate custodial term is less than 10 years, and (c) the sentence was not imposed in respect of an offence listed in Parts 1 to 3
of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.]
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(3) [F573In any other case], it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7).
(4) The Secretary of State must refer P's case to the Board— (a) as soon as P has served the requisite custodial period, and (b) where there has been a previous reference of P's case to the Board under this
subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.
(5) It is the duty of the Secretary of State to release P on licence under this section as soon as—
(a) P has served the requisite custodial period, and (b) the Board has directed P's release under this section.
(6) The Board must not give a direction under subsection (5) unless— (a) the Secretary of State has referred P's case to the Board, and (b) the Board is satisfied that it is no longer necessary for the protection of the
public that P should be confined.
(7) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C).
(8) For the purposes of this section— “appropriate custodial term” means the term determined as such by the
court under section 226A or 226B (as appropriate); “the requisite custodial period” means—
(a) in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and
(b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).]
Textual Amendments F570 S. 246A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10),
ss. 125(3), 151(1); S.I. 2012/2906, art. 2(e) F571 Words in s. 246A(1) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act
2020 (c. 3), ss. 2(6), 10(4) F572 Words in s. 246A(2) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 4(2),
95(1); S.I. 2015/778, art. 3, Sch. 1 para. 4 F573 Words in s. 246A(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 4(3),
95(1); S.I. 2015/778, art. 3, Sch. 1 para. 4
247 Release on licence of prisoner serving extended sentence under section 227 or 228
(1) This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228[F574, other than a prisoner to whom section 247A applies].
(2) As soon as—
228 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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(a) a prisoner to whom this section applies has served [F575the requisite custodial period], F576. . .
(b) F577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . it is the duty of the Secretary of State to release him on licence.
(3) F578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) F579. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) F580. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) F581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F582(7) In this section— “the appropriate custodial term” means the period determined by the court
as the appropriate custodial term under section 227 or 228; “the requisite custodial period” means—
(a) in relation to a person serving one sentence, one-half of the appropriate custodial term, and
(b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).]
[F583(8) In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).]
Textual Amendments F574 Words in s. 247(1) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020
(c. 3), ss. 2(7), 10(4) F575 Words in s. 247(2)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 14(3)
(a), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10 F576 Word at the end of s. 247(2)(a) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008
(c. 4), ss. 25(2)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
F577 S. 247(2)(b) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(2)(b), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
F578 S. 247(3) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(3), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
F579 S. 247(4) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(3), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
F580 S. 247(5) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(3), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
F581 S. 247(6) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 25(3), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to Sch. 2 para. 2)
F582 S. 247(7) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 14(3)(b), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
F583 S. 247(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 3; S.I. 2012/2906, art. 2(o)
Commencement Information I170 S. 247 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject
to art. 2(2), Sch. 2)
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[F584247ARestricted eligibility for release on licence of terrorist prisoners
(1) This section applies to a prisoner (a “terrorist prisoner”) who— (a) is serving a fixed-term sentence imposed (whether before or after this section
comes into force) in respect of an offence within subsection (2), and (b) has not been released on licence.
(2) An offence is within this subsection (whether it was committed before or after this section comes into force) if—
(a) it is specified in Part 1 of Schedule 19ZA (offences under counter-terrorism legislation),
(b) it is specified in Part 2 of that Schedule and was determined by the court to have had a terrorist connection under section 30 or (in the case of a person sentenced in Scotland but now subject to the provisions of this Chapter) section 31 of the Counter-Terrorism Act 2008 (sentences for certain offences with a terrorist connection), or
(c) it is a service offence as respects which the corresponding civil offence is an offence specified in Part 2 of that Schedule and was determined by the service court to have had a terrorist connection under section 32 of that Act (sentences for certain offences with a terrorist connection: armed forces).
(3) It is the duty of the Secretary of State to refer the case of a terrorist prisoner to the Board—
(a) as soon as the prisoner has served the requisite custodial period, and (b) where there has been a previous reference of the prisoner's case to the Board
under this subsection and the Board did not direct the prisoner's release, no later than the second anniversary of the disposal of that reference.
(4) It is the duty of the Secretary of State to release a terrorist prisoner on licence as soon as—
(a) the prisoner has served the requisite custodial period, and (b) the Board has directed the release of the prisoner under this section.
(5) The Board must not give a direction under subsection (4) unless— (a) the Secretary of State has referred the terrorist prisoner's case to the Board, and (b) the Board is satisfied that it is no longer necessary for the protection of the
public that the prisoner should be confined.
(6) Subsection (7) applies where the terrorist prisoner is serving a sentence imposed under section 226A, 226B, 227, 228 or 236A.
(7) It is the duty of the Secretary of State to release the terrorist prisoner on licence under this section as soon as the prisoner has served the appropriate custodial term (see sections 255B and 255C for provision about the re-release of a person who has been recalled under section 254).
(8) For the purposes of this section— “the appropriate custodial term”, in relation to a sentence imposed under
section 226A, 226B, 227, 228 or 236A, means the term determined as such by the court under that provision;
“the requisite custodial period” means— (a) in relation to a person serving one sentence imposed under section 226A,
226B, 227, 228, or 236A, two-thirds of the appropriate custodial term,
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(b) in relation to a person serving one sentence of any other kind, two-thirds of the sentence, and
(c) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2);
“service offence”, “corresponding civil offence” and “service court” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).
(9) For the purposes of this section, a reference of a terrorist prisoner's case to the Board disposed of before the day on which this section comes into force is to be treated as if it was made (and disposed of) under subsection (3) if—
(a) it was made under section 244A(2)(b) and disposed of at a time when the prisoner had served the requisite custodial sentence (within the meaning of this section, not section 244A), or
(b) it was made under section 246A(4).
(10) Nothing in this section affects the duty of the Secretary of State to release a person whose release has been directed by the Board before this section comes into force.
(11) This section is subject to paragraphs 5, 17 and 19 of Schedule 20B (transitional cases).]
Textual Amendments F584 S. 247A inserted (E.W.) (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020
(c. 3), ss. 1(2), 10(4)
248 Power to release prisoners on compassionate grounds
(1) The Secretary of State may at any time release a fixed-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
F585(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F585 S. 248(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 116(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
Commencement Information I171 S. 248 wholly in force at 4.4.2005; s. 248 not in force at Royal Assent, see s. 336(3); s. 248(1) in force
for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 248 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
249 Duration of licence
(1) Subject to [F586subsection (3)], where a fixed-term prisoner[F587, other than one to whom section 243A applies,] is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force for the remainder of his sentence.
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[F588(1A) Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence.
This is subject to subsection (3).] F589(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) [F590Subsections (1) and (1A) have] effect subject to [F591section] 263(2) (concurrent terms) [F592and sections 264(3C)(a) and 264B]F593... (consecutive terms) F594... .
F595(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F596(5) This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).]
Textual Amendments F586 Words in s. 249(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 24(a); S.I. 2012/2906, art. 2(h) F587 Words in s. 249(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 14 para. 8(2); S.I. 2012/2906, art. 2(l) F588 S. 249(1A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 14 para. 8(3); S.I. 2012/2906, art. 2(l) F589 S. 249(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 24(b); S.I. 2012/2906, art. 2(h) F590 Words in s. 249(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 14 para. 8(4)(a); S.I. 2012/2906, art. 2(l) F591 Word in s. 249(3) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(4)(a), 22(1)
(with Sch. 7 para. 2); S.I. 2015/40, art. 2(e) F592 Words in s. 249(3) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(4)(b),
22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e) F593 Words in s. 249(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 8(4)(b); S.I. 2012/2906, art. 2(l) F594 Words in s. 249(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 24(c); S.I. 2012/2906, art. 2(h) F595 S. 249(4) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 24(d); S.I. 2012/2906, art. 2(h) F596 S. 249(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 17 para. 4; S.I. 2012/2906, art. 2(o)
Commencement Information I172 S. 249 wholly in force at 4.4.2005; s. 249 not in force at Royal Assent, see s. 336(3); s. 249 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 249 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1) Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
250 Licence conditions
(1) In this section— (a) “the standard conditions” means such conditions as may be prescribed for the
purposes of this section as standard conditions, and (b) “prescribed” means prescribed by the Secretary of State by order.
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F597(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F598(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F599(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment F600... (including F600... a sentence imposed under section [F601226A][F602, 227 or 236A]) or any sentence of detention under section 91 [F603or 96] of the Sentencing Act or section [F604226A, 226B,][F605227 ][F606, 228 or 236A] of this Act—
(a) must include the standard conditions, [F607(aa) must include any electronic monitoring conditions required by an order under
section 62A of the Criminal Justice and Court Services Act 2000,] and (b) may include—
(i) any [F608other] condition authorised by section 62[F609, 64 or 64A] of the Criminal Justice and Court Services Act 2000 [F610or section 28 of the Offender Management Act 2007], and
(ii) such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.
(5) A licence under section 246 must also include a curfew condition complying with section 253.
[F611(5A) Subsection (5B) applies to a licence granted, either on initial release or after recall to prison, [F612to—
(a) a prisoner ] serving an extended sentence imposed under section 226A or 226B, other than a sentence that meets the conditions in section 246A(2) (release without direction of the Board)[F613, or
(b) a prisoner serving a sentence imposed under section 236A.]
(5B) The Secretary of State must not— (a) include a condition referred to in subsection (4)(b)(ii) in the licence, either on
release or subsequently, or (b) vary or cancel any such condition included in the licence,
unless the Board directs the Secretary of State to do so.]
[F614(5BA) But in the case of a licence granted to a prisoner to whom section 247A applies, or would apply but for the prisoner's release under the licence, subsection (5B) applies only if the licence was granted following a direction of the Board for the prisoner's release.]
F615(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F616(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In exercising his powers to prescribe standard conditions or the other conditions referred to in subsection (4)(b)(ii), the Secretary of State must have regard to the following purposes of the supervision of offenders while on licence under this Chapter—
(a) the protection of the public, (b) the prevention of re-offending, and (c) securing the successful re-integration of the prisoner into the community.
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Textual Amendments F597 S. 250(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 25(a); S.I. 2012/2906, art. 2(h) F598 S. 250(2A) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 25(a); S.I. 2012/2906, art. 2(h) F599 S. 250(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 25(a); S.I. 2012/2906, art. 2(h) F600 Words in s. 250(4) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 9; S.I. 2012/2906, art. 2(l) F601 Words in s. 250(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 20 para. 6(2)(a); S.I. 2012/2906, art. 2(r) F602 Words in s. 250(4) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 1 para. 17(2)(a); S.I. 2015/778, art. 3, Sch. 1 para. 72 F603 Words in s. 250(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 117(5)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F604 Words in s. 250(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 20 para. 6(2)(b); S.I. 2012/2906, art. 2(r) F605 Words in s. 250(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 117(5)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F606 Words in s. 250(4) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 1 para. 17(2)(b); S.I. 2015/778, art. 3, Sch. 1 para. 72 F607 S. 250(4)(aa) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2
para. 4(2) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73 F608 Word in s. 250(4)(b)(i) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 2 para. 4(3) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73 F609 Words in s. 250(4)(b)(i) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 12(2),
22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(k) F610 Words in s. 250(4)(b)(i) inserted (for specified purposes and with effect in accordance with art. 5 of
the commencing S.I., 6.1.2014 in so far as not already in force) by Offender Management Act 2007 (c. 21), ss. 28(5), 41(1); S.I. 2009/32, arts. 3(a), 4; S.I. 2013/1963, art. 2(1)
F611 S. 250(5A)(5B) substituted for s. 250(5A) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 15(5), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 11
F612 Words in s. 250(5A) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 17(3)(a); S.I. 2015/778, art. 3, Sch. 1 para. 72
F613 S. 250(5A)(b) and word inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 17(3)(b); S.I. 2015/778, art. 3, Sch. 1 para. 72
F614 S. 250(5BA) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 5, 10(4)
F615 S. 250(6) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 25(a); S.I. 2012/2906, art. 2(h)
F616 S. 250(7) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 5(5), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e)
Commencement Information I173 S. 250 partly in force; s. 250 not in force at Royal Assent, see s. 336(3); s. 250(1)-(3)(5)-(8) in force
for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 250(1)(2)(b)(ii)(4)(b)(ii)(8) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 250(1)(4)-(7) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
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F617251 Licence conditions on re-release of prisoner serving sentence of less than 12 months
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F617 S. 251 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 10 para. 26; S.I. 2012/2906, art. 2(h)
Commencement Information I174 S. 251 partly in force; s. 251 not in force at Royal Assent, see s. 336(3); s. 251 in force for certain
purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.
252 Duty to comply with licence conditions
[F618(1)] A person subject to a licence under this Chapter must comply with such conditions as may for the time being be specified in the licence.
[F619(2) But where— (a) the licence relates to a sentence of imprisonment passed by a service court,
[F620and] F621(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the person is residing outside the British Islands, the conditions specified in the licence apply to him only so far as it is practicable for him to comply with them where he is residing.]
Textual Amendments F618 S. 252 renumbered (28.3.2009 for certain purposes, otherwise 31.10.2009) as s. 252(1) by Armed
Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 224(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F619 S. 252(2) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 224(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F620 Word in s. 252(2)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 27(a); S.I. 2012/2906, art. 2(h)
F621 S. 252(2)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 27(b); S.I. 2012/2906, art. 2(h)
Commencement Information I175 S. 252 wholly in force at 4.4.2005; s. 252 not in force at Royal Assent, see s. 336(3); s. 252 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 252 in force in so far as not already in force at 4.4.2005 by S.I 2005/950, {art. 2(1)}, Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
253 Curfew condition to be included in licence under section 246[F622, 255B or 255C]
(1) For the purposes of this Chapter, a curfew condition is a condition which— (a) requires the released person to remain, for periods for the time being specified
in the condition, at a place for the time being so specified (which may be
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premises approved by the Secretary of State under [F623section 13 of the Offender Management Act 2007 (c.21)]), and
(b) includes [F624a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to] electronic monitoring of his whereabouts during the periods for the time being so specified.
(2) The curfew condition may specify different places or different periods for different days, but may not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
(3) The curfew condition is to remain in force until the date when the released person would (but for his release) fall to be released [F625unconditionally under section 243A or] on licence under section 244.
F626(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F627(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Nothing in this section is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales.
Textual Amendments F622 Words in s. 253 heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 114(3), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F623 Words in s. 253(1)(a) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential
Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(14) F624 Words in s. 253(1) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 2 para. 5(2) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73 F625 Words in s. 253(3) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 14 para. 10; S.I. 2012/2906, art. 2(l) F626 S. 253(4) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 28; S.I. 2012/2906, art. 2(h) F627 S. 253(5) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2
para. 5(3) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73
Commencement Information I176 S. 253 wholly in force at 4.4.2005; s. 253 not in force at Royal Assent, see s. 336(3); s. 253 in force
for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 253(5) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 253 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
Recall after release
254 Recall of prisoners while on licence
(1) The Secretary of State may, in the case of any prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.
(2) A person recalled to prison under subsection (1)— (a) may make representations in writing with respect to his recall, and
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(b) on his return to prison, must be informed of the reasons for his recall and of his right to make representations.
[F628(2A) The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section.
(2B) The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence.
(2C) Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened.]
F629(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F629(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F629(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.
(7) Nothing in [F630this section] applies in relation to a person recalled under section 255.
Textual Amendments F628 S. 254(2A)-(2C) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 113(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F629 S. 254(3)-(5) repealed (14.7.2008 for certain purposes, otherwise 31.10.2009) by Criminal Justice and
Immigration Act 2008 (c. 4), ss. 29(1)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 15, 50(2)(c) (subject to Sch. 2 para. 3); S.I. 2009/2606, art. 3(c)
F630 Words in s. 254(7) substituted (14.7.2008 for certain purposes, otherwise 31.10.2009 ) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 29(1)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 15 (subject to Sch. 2 para. 3); S.I. 2009/2606 {art. 3(c)}
Commencement Information I177 S. 254 wholly in force at 4.4.2005; s. 254 not in force at Royal Assent, see s. 336(3); s. 254 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 254 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
255 Recall of prisoners released early under section 246
(1) If it appears to the Secretary of State, as regards a person released on licence under section 246—
(a) that he has failed to comply with [F631the curfew condition included in the licence], or
(b) that his whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in his licence,
the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison under this section.
(2) A person whose licence under section 246 is revoked under this section— (a) may make representations in writing with respect to the revocation, and
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(b) on his return to prison, must be informed of the reasons for the revocation and of his right to make representations.
(3) The Secretary of State, after considering any representations under [F632subsection (2) (a)] or any other matters, may cancel a revocation under this section.
(4) Where the revocation of a person’s licence is cancelled under subsection (3), the person is to be treated for the purposes of section 246 as if he had not been recalled to prison under this section.
(5) On the revocation of a person’s licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large.
Textual Amendments F631 Words in s. 255(1)(a) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(3),
22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i) F632 Words in s. 255(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 113(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
Commencement Information I178 S. 255 wholly in force at 4.4.2005; s. 255 not in force at Royal Assent, see s. 336(3); s. 255 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 255 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
[F633255ZAOffence of remaining unlawfully at large after recall
(1) A person recalled to prison under section 254 or 255 commits an offence if the person—
(a) has been notified of the recall orally or in writing, and (b) while unlawfully at large fails, without reasonable excuse, to take all necessary
steps to return to prison as soon as possible.
(2) A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
(a) written notice of the recall has been delivered to an appropriate address, and (b) a period specified in the notice has elapsed.
(3) In subsection (2) “an appropriate address” means— (a) an address at which, under the person's licence, the person is permitted to
reside or stay, or (b) an address nominated, in accordance with the person's licence, for the
purposes of this section.
(4) A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—
(a) the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,
(b) the person has failed to comply with such an instruction, and (c) the person has not complied with such an instruction for at least 6 months.
(5) A person who is guilty of an offence under this section is liable—
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(a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);
(b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).
(6) In relation to an offence committed before section 154(1) comes into force, the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months.
(7) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5) (b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.]
Textual Amendments F633 S. 255ZA inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 12(2), 95(1) (with s.
12(3)); S.I. 2015/778, art. 3, Sch. 1 para. 8
[F634Further release after recall]
Textual Amendments F634 S. 255A-255C and crossheading substituted for s. 255A-255D (3.12.2012) by Legal Aid, Sentencing
and Punishment of Offenders Act 2012 (c. 10), ss. 114(1), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
[F634255AFurther release after recall: introductory
(1) This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254.
(2) The Secretary of State must, on recalling a person other than an extended sentence prisoner, consider whether the person is suitable for automatic release.
F635(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A person is suitable for automatic release only if the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of [F636the automatic release period].
(5) The person must be dealt with— (a) in accordance with section 255B if suitable for automatic release; (b) in accordance with section 255C otherwise.
[F637but that is subject, where applicable, to section 243A(2) (unconditional release).]
(6) For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.
(7) An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under—
(a) section [F638226A, 226B,] 227 or 228 of this Act, or (b) section 85 of the Sentencing Act;
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and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to the Sentencing Act) a reference to section 58 of the Crime and Disorder Act 1998.]
[F639(8) Automatic release” means release at the end of the automatic release period.
(9) In the case of a person recalled under section 254 while on licence under a provision of this Chapter other than section 246, “the automatic release period” means—
(a) where the person is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the person returns to custody;
(b) where the person is serving a sentence of 12 months or more, the period of 28 days beginning with that day.
(10) In the case of a person recalled under section 254 while on licence under section 246, “the automatic release period” means whichever of the following ends later—
(a) the period described in subsection (9)(a) or (b) (as appropriate); (b) the requisite custodial period which the person would have served under
section 243A or 244 but for the earlier release.]
Textual Amendments F635 S. 255A(3) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 9(4)(a), 22(1)
(with Sch. 7 para. 5); S.I. 2015/40, art. 2(i) F636 Words in s. 255A(4) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(4)(b),
22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i) F637 Words in s. 255A(5) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(4)(c), 22(1)
(with Sch. 7 para. 5); S.I. 2015/40, art. 2(i) F638 Words in s. 255A(7)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 20 para. 7; S.I. 2012/2906, art. 2(r) F639 Ss. 255A(8)-(10) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(4)(d), 22(1)
(with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)
[F634255BAutomatic release
(1) A prisoner who is suitable for automatic release (“P”) must— (a) on return to prison, be informed that he or she will be released under this
section (subject to subsections (8) and (9)), and (b) at the end of [F640the automatic release period (as defined in section 255A(9)
and (10))], be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)).
(2) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.
(3) The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b).
(4) If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations.
(5) Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.
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(6) Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.
(7) Where this subsection applies— (a) if P is released under this section before that date, P's licence must include a
curfew condition complying with section 253, and (b) P is not to be so released (despite subsections (1)(b) and (5)) unless the
Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with.
(8) Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled).
(9) If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release—
(a) the Secretary of State must inform P that he or she will not be released under this section, and
(b) section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release.]
Textual Amendments F640 Words in s. 255B(1)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 9(5),
22(1) (with Sch. 7 para. 5); S.I. 2015/40, art. 2(i)
[F634255CSpecified offence prisoners and those not suitable for automatic release
(1) This section applies to a prisoner (“P”) who— (a) is an extended sentence prisoner, or (b) is not considered to be suitable for automatic release.
(2) The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter.
(3) The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison.
(4) The Secretary of State must refer P's case to the Board— (a) if P makes representations under section 254(2) before the end of the period of
28 days beginning with the date on which P returns to custody, on the making of those representations, or
(b) if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time.
(5) Where on a reference under subsection (4) the Board directs P's immediate release on licence under this Chapter, the Secretary of State must give effect to the direction.
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(6) Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244.
(7) Where this subsection applies— (a) if P is released under this section before that date, P's licence must include a
curfew condition complying with section 253, and (b) P is not to be so released (despite subsection (5)) unless the Secretary of
State is satisfied that arrangements are in place to enable that condition to be complied with.
(8) For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence.]
256 [F641Review by the Board]
(1) Where on a reference under [F642section 255B(4) or 255C(4)] in relation to any person, the Board does not [F643direct] his immediate release on licence under this Chapter, the Board must either—
(a) fix a date for the person’s release on licence, or [F644(b) determine the reference by making no [F645direction] as to his release.]
(2) Any date fixed under subsection (1)(a) F646. . . must not be later than the first anniversary of the date on which the decision is taken.
F647(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where the Board has fixed a date under subsection (1)(a), it is the duty of the Secretary of State to release him on licence on that date.
F648(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F641 S. 256 heading substituted (14.7.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4),
ss. 30(5), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 16 (subject to Sch. 2 para. 3) F642 Words in s. 256(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 114(4), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F643 Word in s. 256(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 116(3)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F644 S. 256(1)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 30(2),
153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 16 (subject to Sch. 2 para. 3) F645 Word in s. 256(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 116(3)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F646 Words in s. 256(2) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss.
30(3), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 16, 50(2)(c) F647 S. 256(3) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 30(4), 149,
153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 16, 50(2)(c) (subject to Sch. 2 para. 3) F648 S. 256(5) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 30(4), 149,
153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 16, 50(2)(c)
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Commencement Information I179 S. 256 wholly in force at 4.4.2005; s. 256 not in force at Royal Assent, see s. 336(3); s. 256 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 256 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
[F649256AFurther review
(1) The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board.
(2) The Secretary of State may, at any time before that anniversary, refer the person's case to the Board.
(3) The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2).
(4) On a reference under subsection (1) or (2), the Board must determine the reference by—
(a) [F650directing] the person's immediate release on licence under this Chapter, (b) fixing a date for his release on licence, or (c) making no [F651direction] as to his release.
(5) The Secretary of State— (a) where the Board makes a [F652direction] under subsection (4)(a) for the
person's immediate release on licence, must give effect to the [F652direction]; and
(b) where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.]
Textual Amendments F649 S. 256A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 30(6), 153; S.I.
2008/1586, art. 2(1), Sch. 1 para. 16 (subject to Sch. 2 para. 3) F650 Word in s. 256A(4)(a) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 116(4)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F651 Word in s. 256A(4)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 116(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F652 Words in s. 256A(5) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 116(4)(c), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
[F653Supervision of offenders
Textual Amendments F653 S. 256AA and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 2(2),
22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(b)
256AA Supervision after end of sentence of prisoners serving less than 2 years
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(1) This section applies where a person (“the offender”) has served a fixed-term sentence which was for a term of more than 1 day but less than 2 years, except where—
(a) the offender was aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)),
(b) the sentence was an extended sentence imposed under section 226A or 226B, [
F654(ba) the sentence was imposed under section 236A,]
[ F655(bb)
section 247A applied to the offender in respect of the sentence,] or
(c) the sentence was imposed in respect of an offence committed before the day on which section 2(2) of the Offender Rehabilitation Act 2014 came into force.
(2) The offender must comply with the supervision requirements during the supervision period, except at any time when the offender is—
(a) in legal custody, (b) subject to a licence under this Chapter or Chapter 2 of Part 2 of the 1997 Act, or (c) subject to DTO supervision.
(3) The supervision requirements are the requirements for the time being specified in a notice given to the offender by the Secretary of State (but see the restrictions in section 256AB).
(4) “The supervision period” is the period which— (a) begins on the expiry of the sentence, and (b) ends on the expiry of the period of 12 months beginning immediately
after the offender has served the requisite custodial period (as defined in section 244(3)).
(5) The purpose of the supervision period is the rehabilitation of the offender.
(6) The Secretary of State must have regard to that purpose when specifying requirements under this section.
(7) The supervisor must have regard to that purpose when carrying out functions in relation to the requirements.
(8) In this Chapter, “the supervisor”, in relation to a person subject to supervision requirements under this section, means a person who is for the time being responsible for discharging the functions conferred by this Chapter on the supervisor in accordance with arrangements made by the Secretary of State.
(9) In relation to a person subject to supervision requirements under this section following a sentence of detention under section 91 of the Sentencing Act, the supervisor must be—
(a) an officer of a provider of probation services, or (b) a member of the youth offending team established by the local authority in
whose area the offender resides for the time being.
(10) In relation to any other person, the supervisor must be an officer of a provider of probation services.
(11) In this section “DTO supervision” means supervision under—
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(a) a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or
(b) an order under section 104(3)(aa) of the Powers of Criminal Courts (Sentencing) Act 2002 (breach of supervision requirements of detention and training order).
(12) This section has effect subject to section 264(3C)(b) and (3D).]
Textual Amendments F654 S. 256AA(1)(ba) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1
para. 18; S.I. 2015/778, art. 3, Sch. 1 para. 72 F655 S. 256AA(1)(bb) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020
(c. 3), ss. 7(3), 10(4)
Modifications etc. (not altering text) C81 Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended
(1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))
C82 Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
C83 S. 256AA(2)-(11) applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))
[F656256ABSupervision requirements under section 256AA
(1) The only requirements that the Secretary of State may specify in a notice under section 256AA are—
(a) a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;
(b) a requirement not to commit any offence; (c) a requirement to keep in touch with the supervisor in accordance with
instructions given by the supervisor; (d) a requirement to receive visits from the supervisor in accordance with
instructions given by the supervisor; (e) a requirement to reside permanently at an address approved by the supervisor
and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address;
(f) a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work;
(g) a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands);
(h) a requirement to participate in activities in accordance with any instructions given by the supervisor;
(i) a drug testing requirement (see section 256D); (j) a drug appointment requirement (see section 256E).
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(2) Where a requirement is imposed under subsection (1)(h), section 200A (5) to (10) apply in relation to the requirement (reading references to the responsible officer as references to the supervisor).
(3) Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).
(4) The Secretary of State may by order— (a) add requirements that may be specified in a notice under section 256AA, (b) remove or amend such requirements, (c) make provision about such requirements, including about the circumstances
in which they may be imposed, and (d) make provision about instructions given for the purposes of such
requirements.
(5) An order under subsection (4) may amend this Act.
(6) In this section “work” includes paid and unpaid work.]
Textual Amendments F656 S. 256AB inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 1 para. 1
(with Sch. 7 para. 2); S.I. 2015/40, art. 2(s)
Modifications etc. (not altering text) C81 Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended
(1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))
C82 Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
C84 S. 256AB applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))
[F657256ACBreach of supervision requirements imposed under section 256AA
(1) Where it appears on information to a justice of the peace that a person has failed to comply with a supervision requirement imposed under section 256AA, the justice may—
(a) issue a summons requiring the offender to appear at the place and time specified in the summons, or
(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.
(2) Any summons or warrant issued under this section must direct the person to appear or be brought—
(a) before a magistrates' court acting for the local justice area in which the offender resides, or
(b) if it is not known where the person resides, before a magistrates' court acting for the same local justice area as the justice who issued the summons or warrant.
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(3) Where the person does not appear in answer to a summons issued under subsection (1) (a), the court may issue a warrant for the person's arrest.
(4) If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may—
(a) order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)),
(b) order the person to pay a fine not exceeding level 3 on the standard scale, or (c) make an order (a “supervision default order”) imposing on the person—
(i) an unpaid work requirement (as defined by section 199), or (ii) a curfew requirement (as defined by section 204).
(5) Section 177(3) (obligation to impose electronic monitoring requirement) applies in relation to a supervision default order that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement.
(6) If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at that time in respect of that person.
(7) Where the person is under the age of 21— (a) an order under subsection (4)(a) in respect of the person must be for committal
to a young offender institution instead of to prison, but (b) the Secretary of State may from time to time direct that a person committed
to a young offender institution by such an order is to be detained in a prison or remand centre instead.
(8) A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being in legal custody.
(9) A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
(10) In Schedule 19A (supervision default orders)— (a) Part 1 makes provision about requirements of supervision default orders, and (b) Part 2 makes provision about the breach, revocation and amendment of
supervision default orders.
(11) A person dealt with under this section may appeal to the Crown Court against[F658— (a)] the order made by the court [F659under this section, and (b) an order made by the court under section 21A of the Prosecution of Offences
Act 1985 (criminal courts charge) when dealing with the person under this section.]]
Textual Amendments F657 S. 256AC inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 3(1), 22(1) (with Sch. 7
para. 2); S.I. 2015/40, art. 2(c) F658 Words in s. 256AC(11) renumbered as s. 256AC(11)(a) (13.4.2015) by Criminal Justice and Courts
Act 2015 (c. 2), s. 95(1), Sch. 12 para. 14(a); S.I. 2015/778, art. 3, Sch. 1 para. 78 F659 S. 256AC(11)(b) and words inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s.
95(1), Sch. 12 para. 14(b); S.I. 2015/778, art. 3, Sch. 1 para. 78
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Modifications etc. (not altering text) C81 Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended
(1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))
C82 Ss. 256AA-256AC applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
C85 S. 256AC applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))
F660[F661...
Textual Amendments F660 S. 256B cross-heading omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s.
22(1), Sch. 3 para. 19 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u) F661 Ss. 256B, 256C and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), ss. 115, 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
256B [F662Supervision after release of certain young offenders serving less than 12 months]
[F663(1) This section applies where a person (“the offender”) is released under this Chapter if— (a) the person is, at the time of the release, serving a sentence of detention under
section 91 of the Sentencing Act which is for a term of less than 12 months, and
(b) the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)).
(1A) This section also applies where a person (“the offender”) is released under this Chapter if—
(a) the person is, at the time of the release, serving a sentence of detention under section 91 or 96 of the Sentencing Act which is for a term of less than 12 months, and
(b) the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force.]
[ F664(1B)
But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender.]
(2) The offender is to be under the supervision of— (a) an officer of a provider of probation services, (b) a social worker of a local authority, or (c) F665... a member of the youth offending team.
(3) Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being.
(4) Where the supervision is to be provided by— (a) a social worker of a local authority, or
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(b) a member of a youth offending team, the social worker or member must 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.
(5) The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period).
(6) During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State.
(7) The requirements that may be specified in a notice under subsection (6) include— (a) requirements [F666to submit to] electronic monitoring of the offender's
compliance with any other requirements specified in the notice; (b) requirements [F667to submit to] electronic monitoring of the offender's
whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice);
[F668(c) where the offender is aged 18 or over— (i) drug testing requirements (see section 256D);
(ii) drug appointment requirements (see section 256E).]
[ F669(7A)
Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the restrictions in sections 256D(2) and 256E(2).]
F670(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F671(9) The Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7)(a) or (b).]
F672(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F662 S. 256B heading substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3
para. 20 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u) F663 S. 256B(1)(1A) substituted for s. 256B(1) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss.
4(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(d) F664 S. 256B(1B) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3),
ss. 7(4), 10(4) F665 Words in s. 256B(2)(c) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss.
4(3), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d) F666 Words in s. 256B(7)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s.
95(1), Sch. 2 para. 6 (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73 F667 Words in s. 256B(7)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s.
95(1), Sch. 2 para. 6 (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73 F668 S. 256B(7)(c) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 4(4)(a), 22(1)
(with Sch. 7 para. 3); S.I. 2015/40, art. 2(d) F669 S. 256B(7A) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 4(5), 22(1) (with Sch.
7 para. 3); S.I. 2015/40, art. 2(d) F670 S. 256B(8) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 4(6), 22(1)
(with Sch. 7 para. 3); S.I. 2015/40, art. 2(d) F671 S. 256B(9) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 4(7), 22(1) (with
Sch. 7 para. 3); S.I. 2015/40, art. 2(d)
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F672 S. 256B(10) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 4(8), 22(1) (with Sch. 7 para. 3); S.I. 2015/40, art. 2(d)
Modifications etc. (not altering text) C81 Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended
(1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))
256C Breach of supervision requirements [F673imposed under section 256B]
(1) Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may—
(a) issue a summons requiring the offender to appear at the place and time specified in the summons, or
(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.
(2) Any summons or warrant issued under this section must direct the offender to appear or be brought—
(a) before a court acting for the local justice area in which the offender resides, or (b) if it is not known where the offender resides, before a court acting for same
local justice area as the justice who issued the summons or warrant.
(3) Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest.
(4) If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may—
(a) order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or
(b) [F674order the offender to pay] a fine not exceeding level 3 on the standard scale.
(5) An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody.
(6) A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
(7) An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b).
(8) In this section “court” means— (a) if the offender has attained the age of 18 years at the date of release, a
magistrates' court other than a youth court; (b) if the offender is under the age of 18 years at the date of release, a youth court.]
Textual Amendments F673 Words in s. 256C heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1),
Sch. 3 para. 22 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
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F674 Words in s. 256C(4)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 21 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Modifications etc. (not altering text) C81 Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended
(1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))
[F675256DDrug testing requirements
(1) “Drug testing requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that, when instructed to do so by the supervisor, the offender provide a sample mentioned in the instruction for the purpose of ascertaining whether the offender has a specified Class A drug or a specified Class B drug in his or her body.
(2) A drug testing requirement may be imposed on an offender subject to supervision under this Chapter only if—
(a) the Secretary of State is satisfied of the matters in subsection (3), and (b) the requirement is being imposed for the purpose of determining whether the
offender is complying with any other supervision requirement.
(3) Those matters are— (a) that the misuse by the offender of a specified class A drug or a specified
class B drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, and
(b) that the offender is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.
(4) An instruction given for the purpose of a drug testing requirement must be given in accordance with guidance given from time to time by the Secretary of State.
(5) The Secretary of State may make rules regulating the provision of samples in accordance with such an instruction.
(6) In this section, “specified Class A drug” and “specified Class B drug” have the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.
Textual Amendments F675 Ss. 256D, 256E inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 1 para.
2 (with Sch. 7 para. 3); S.I. 2015/40, art. 2(s)
Modifications etc. (not altering text) C81 Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended
(1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))
C86 S. 256D applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))
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C87 S. 256D applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
256E Drug appointment requirements
(1) “Drug appointment requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that the offender, in accordance with instructions given by the supervisor, attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.
(2) A drug appointment requirement may be imposed on an offender subject to supervision under this Chapter only if—
(a) the supervisor has recommended to the Secretary of State that such a requirement be imposed on the offender, and
(b) the Secretary of State is satisfied of the matters in subsection (3).
(3) Those matters are— (a) that the misuse by the offender of a controlled drug caused or contributed to
an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,
(b) that the offender is dependent on, or has a propensity to misuse, a controlled drug,
(c) that the dependency or propensity requires, and may be susceptible to, treatment, and
(d) that arrangements have been made, or can be made, for the offender to have treatment.
(4) The requirement must specify— (a) the person with whom the offender is to meet or under whose direction the
appointments are to take place, and (b) where the appointments are to take place.
(5) The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.
(6) The only instructions that the supervisor may give for the purposes of the requirement are instructions as to—
(a) the duration of each appointment, and (b) when each appointment is to take place.
(7) For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.
(8) In this section, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.]
Textual Amendments F675 Ss. 256D, 256E inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 1 para.
2 (with Sch. 7 para. 3); S.I. 2015/40, art. 2(s)
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Modifications etc. (not altering text) C81 Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended
(1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))
C88 S. 256E applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))
C89 S. 256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
Additional days
257 Additional days for disciplinary offences
(1) Prison rules, that is to say, rules made under section 47 of the Prison Act 1952 (c. 52), may include provision for the award of additional days—
(a) to fixed-term prisoners, or (b) conditionally on their subsequently becoming such prisoners, to persons on
remand, who (in either case) are guilty of disciplinary offences.
(2) Where additional days are awarded to a fixed-term prisoner, or to a person on remand who subsequently becomes such a prisoner, and are not remitted in accordance with prison rules—
(a) any period which he must serve before becoming entitled to or eligible for release under this Chapter,
(b) any period which he must serve before he can be removed from prison under section 260, and
(c) any period for which a licence granted to him under this Chapter remains in force,
is extended by the aggregate of those additional days.
Commencement Information I180 S. 257 partly in force; s. 257 not in force at Royal Assent, see s. 336(3); s. 257 in force for certain
purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 257(1) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 257(1)(2)(a)(b) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
I181 S. 257(2)(c) in force at 3.12.2012 for specified purposes by S.I. 2012/2905, art. 2
Fine defaulters and contemnors
258 Early release of fine defaulters and contemnors
(1) This section applies in relation to a person committed to prison— (a) in default of payment of a sum adjudged to be paid by a conviction, or (b) for contempt of court or any kindred offence.
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(2) As soon as a person to whom this section applies has served one-half of the term for which he was committed, it is the duty of the Secretary of State to release him unconditionally.
[F676(2A) Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).]
[F677(2B) Subsection (2) does not apply to a person within subsection (1)(a) if the sum in question is a sum of more than £10 million ordered to be paid under a confiscation order made under Part 2 of the Proceeds of Crime Act 2002.
(2C) The Secretary of State may by order amend the amount for the time being specified in subsection (2B).]
(3) Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section [F678or in paragraph 35 of Schedule 20B] requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences.
[F679(3A) The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of the Sentencing Act or under section [F680226A, 226B,] 227[F681, 228 or 236A] of this Act.]
(4) The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person’s release on compassionate grounds.
Textual Amendments F676 S. 258(2A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 17 para. 5(2); S.I. 2012/2906, art. 2(o) F677 S. 258(2B)(2C) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), ss. 10(3), 88(1) (with s. 86(2));
S.I. 2015/820, reg. 3(g) F678 Words in s. 258(3) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 17 para. 5(3); S.I. 2012/2906, art. 2(o) F679 S. 258(3A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 117(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F680 Words in s. 258(3A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 20 para. 8; S.I. 2012/2906, art. 2(r) F681 Words in s. 258(3A) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 1 para. 19; S.I. 2015/778, art. 3, Sch. 1 para. 72
Modifications etc. (not altering text) C90 S. 258 extended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10),
ss. 121(2), 151(1); S.I. 2012/2906, art. 2(d)
Commencement Information I182 S. 258 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject
to art. 2(2), Sch. 2)
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Persons liable to removal from the United Kingdom
259 Persons liable to removal from the United Kingdom
For the purposes of this Chapter a person is liable to removal from the United Kingdom if—
(a) he is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against him,
(b) he is liable to deportation under section 3(6) of that Act, (c) he has been notified of a decision to refuse him leave to enter the United
Kingdom, (d) he is an illegal entrant within the meaning of section 33(1) of that Act, or (e) he is liable to removal under section 10 of the Immigration and Asylum Act
1999 (c. 33).
Commencement Information I183 S. 259 wholly in force at 4.4.2005; s. 259 not in force at Royal Assent, see s. 336(3); s. 259 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 259 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
PROSPECTIVE
[F682259APersons eligible for removal from the United Kingdom
(1) For the purposes of this Chapter, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met.
(2) The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 260.
(3) The person must not be one who is liable to removal from the United Kingdom.]
Textual Amendments F682 S. 259A inserted (prosp.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(2), 153
260 Early removal of prisoners liable to removal from United Kingdom
(1) [F683Subsections (2) and (2C)], where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove him from prison under this section at any time during the period of [F684270] days ending with the day on which the prisoner will have served the requisite custodial period.
[F685(2) Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.]
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Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
[F686(2A) [F687Subject to subsection (2C),] if a fixed-term prisoner serving an extended sentence imposed under section 226A or 226B [F688or a sentence under section 236A] —
(a) is liable to removal from the United Kingdom, and (b) has not been removed from prison under this section during the period
mentioned in subsection (1), the Secretary of State may remove the prisoner from prison under this section at any time after the end of that period.
(2B) Subsection (2A) applies whether or not the Board has directed the prisoner's release under section [F689this Chapter].]
[F690(2C) Subsections (1) and (2A) do not apply in relation to a prisoner to whom section 247A applies.]
F691(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F692(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A prisoner removed from prison under this section— (a) is so removed only for the purpose of enabling the Secretary of State to remove
him from the United Kingdom under powers conferred by— (i) Schedule 2 or 3 to the Immigration Act 1971, or
(ii) section 10 of the Immigration and Asylum Act 1999 (c. 33), and (b) so long as remaining in the United Kingdom, remains liable to be detained in
pursuance of his sentence until he has served the requisite custodial period.
(5) So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section [F693243A,] 244[F694, 244A][F695, 246A][F696, 247] or 248 is exercisable in relation to him as if he were in prison.
(6) The Secretary of State may by order— (a) amend the number of days for the time being specified in subsection (1) F697... ,
F698(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) amend the fraction for the time being specified in [F699subsection (2)].
F700(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F701(8) Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.]
[F702(9) Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—
(a) the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and
(b) subsection (5) is to be read as including reference to section 247A.]
Textual Amendments F683 Words in s. 260(1) substituted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act
2020 (c. 3), ss. 7(5)(a), 10(4)
256 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
F684 Word in s. 260(1) substituted (7.4.2008) by The Early Removal of Fixed-Term Prisoners (Amendment of Eligibility Period) Order 2008 (S.I. 2008/978), art. 2
F685 S. 260(2) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(5), 153; S.I. 2008/2712, art. 2, Sch. para. 5 (subject to arts. 3, 4)
F686 S. 260(2A)(2B) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 9(2); S.I. 2012/2906, art. 2(r)
F687 Words in s. 260(2A) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(b), 10(4)
F688 Words in s. 260(2A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 20(2); S.I. 2015/778, art. 3, Sch. 1 para. 72
F689 Words in s. 260(2B) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 15(6), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 11
F690 S. 260(2C) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(c), 10(4)
F691 S. 260(3) repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(6), 149, 153, Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. paras. 5, 19(2)(b) (subject to arts. 3, 4)
F692 S. 260(3A) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(6), 149, 153(7), Sch. 28 Pt. 2; S.I. 2009/2606, art. 3(j)(i)
F693 Words in s. 260(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 11(a); S.I. 2012/2906, art. 2(l)
F694 Word in s. 260(5) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 20(3); S.I. 2015/778, art. 3, Sch. 1 para. 72
F695 Words in s. 260(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 9(3); S.I. 2012/2906, art. 2(r)
F696 Words in s. 260(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F697 Words in s. 260(6)(a) repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(8)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. paras. 5, 19(2)(b) (subject to arts. 3, 4)
F698 S. 260(6)(b) repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(8)(b), 149, 153, Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. paras. 5, 19(2)(b) (subject to arts. 3, 4)
F699 Words in s. 260(6)(c) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(8)(c), 153; S.I. 2008/2712, art. 2, Sch. para. 5 (subject to arts. 3, 4)
F700 S. 260(7) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(4), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
F701 S. 260(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 6; S.I. 2012/2906, art. 2(o)
F702 S. 260(9) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(d), 10(4)
Commencement Information I184 S. 260 wholly in force at 4.4.2005; s. 260 not in force at Royal Assent, see s. 336(3); s. 260(6) in force
at 7.3.2005 by S.I. 2005/373, art. 2; s. 260 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
261 Re-entry into United Kingdom of offender removed from prison early
(1) This section applies in relation to a person who, after being removed from prison under section 260, has been removed from the United Kingdom before he has served the requisite custodial period.
(2) If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
the time of his entry into the United Kingdom until whichever is the earlier of the following—
(a) the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and
(b) his sentence expiry date.
(3) A person who is liable to be detained by virtue of subsection (2) is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (c. 52) (persons unlawfully at large) to be unlawfully at large.
(4) Subsection (2) does not prevent the further removal from the United Kingdom of a person falling within that subsection.
(5) Where, in the case of a person returned to prison by virtue of subsection (2), the further custodial period ends before the sentence expiry date, [F703—
F704(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) F705...][F706section 243A[F707, 244[F708, 244A], 246A[F709, 247 or 247A]] (as the
case may be)] has effect in relation to him as if the reference to the requisite custodial period were a reference to the further custodial period.
(6) In this section— “further custodial period” has the meaning given by subsection (2)(a); “outstanding custodial period”, in relation to a person to whom this section
applies, means the period beginning with the date of his removal from the United Kingdom and ending with the date on which he would, but for his removal, have served the requisite custodial period;
[F710“requisite custodial period”, in relation to a person to whom section 247A applies, has the meaning given by section 247A(8) (see section 268(1A) for its meaning in other cases);]
F711... “sentence expiry date”, in relation to a person to whom this section applies,
means the date on which, but for his [F712release from prison and] removal from the United Kingdom, he would have [F713served the whole of the sentence].
Textual Amendments F703 Words in s. 261(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 116(6), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F704 S. 261(5)(a) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(5)(a),
95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10 F705 Words in s. 261(5)(b) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss.
14(5)(b)(i), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10 F706 Words in s. 261(5) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 14 para. 12(2); S.I. 2012/2906, art. 2(l) F707 Words in s. 261(5)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 20 para. 10(2); S.I. 2012/2906, art. 2(r) F708 Words in s. 261(5)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 1 para. 21; S.I. 2015/778, art. 3, Sch. 1 para. 72 F709 Words in s. 261(5)(b) substituted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act
2020 (c. 3), ss. 7(6)(a), 10(4) F710 Words in s. 261(6) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020
(c. 3), ss. 7(6)(b), 10(4)
258 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
Chapter 6 – Release, licences, supervision and recall Document Generated: 2021-03-17
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
F711 Words in s. 261(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(5)(c), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
F712 Words in s. 261(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 12(3)(b)(i); S.I. 2012/2906, art. 2(l)
F713 Words in s. 261(6) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 12(3)(b)(ii); S.I. 2012/2906, art. 2(l)
Commencement Information I185 S. 261 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject
to art. 2(2), Sch. 2)
F714262 Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F714 S. 262 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 16 para. 16; S.I. 2012/2906, art. 2(n)
Consecutive or concurrent terms
263 Concurrent terms
(1) This section applies where— (a) a person (“the offender”) has been sentenced F715. . . to two or more terms of
imprisonment which are wholly or partly concurrent, and (b) the sentences were passed on the same occasion or, where they were passed
on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.
(2) Where this section applies— (a) nothing in this Chapter requires the Secretary of State to release the offender
in respect of any of the terms unless and until he is required to release him in respect of each of the others,
[F716(aa) the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence),]
(b) [F717section 246] does not authorise the Secretary of State to release him on licence under that section in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others [F718to which that section applies],
(c) on and after his release under this Chapter [F719(unless that release is unconditionan( �b>] the offender is to be on licence[F720—
(i) until the last date on which the offender is required to be on licence in respect of any of the terms, and
(ii) subject to such conditions as are] required by this Chapter in respect of any of the sentences.
Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing Chapter 6 – Release, licences, supervision and recall Document Generated: 2021-03-17
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Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
F721(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In this section “term of imprisonment” includes a determinate sentence of detention under section 91 [F722or 96] of the Sentencing Act or under section [F723226A, 226B,][F724227 ][F725, 228 or 236A] of this Act.
[F726(5) This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).]
Textual Amendments F715 Words in s. 263(1)(a) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed
Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 226, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F716 S. 263(2)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 13(a); S.I. 2012/2906, art. 2(l)
F717 Words in s. 263(2)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(8), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F718 Words in s. 263(2)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 13(b); S.I. 2012/2906, art. 2(l)
F719 Words in s. 263(2)(c) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 13(c); S.I. 2012/2906, art. 2(l)
F720 Words in s. 263(2)(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(9), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F721 S. 263(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 31; S.I. 2012/2906, art. 2(h)
F722 Words in s. 263(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(7)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F723 Words in s. 263(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 11; S.I. 2012/2906, art. 2(r)
F724 Words in s. 263(4) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 117(7)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F725 Words in s. 263(4) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 22; S.I. 2015/778, art. 3, Sch. 1 para. 72
F726 S. 263(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 7; S.I. 2012/2906, art. 2(o)
Commencement Information I186 S. 263 wholly in force at 4.4.2005; s. 263 not in force at Royal Assent, see s. 336(3); s. 263 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 263 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
264 Consecutive terms
(1) This section applies where— (a) a person (“the offender”) has been sentenced to two or more terms of
imprisonment which are to be served consecutively on each other, and (b) the sentences were passed on the same occasion or, where they were passed
on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, F727...
260 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
F727(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Nothing in this Chapter requires the Secretary of State to release the offender F728... until he has served a period equal in length to the aggregate of the length of the custodial periods in relation to each of the terms of imprisonment.
[F729(3B) The offender's release under this Chapter is to be unconditional if— (a) the aggregate length of the terms of imprisonment is less than 12 months, and (b) section 243A so requires in respect of each of the sentences,
but in any other case is to be on licence.
(3C) If the offender is released on licence under this Chapter— (a) the offender is to be on licence, on and after the release, until the offender
would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B);
(b) the offender is to be subject to supervision requirements under section 256AA if (and only if)—
(i) section 256AA so requires in respect of one or more of the sentences, and
(ii) the aggregate length of the terms of imprisonment is less than 2 years.
(3D) If the offender is subject to supervision requirements under section 256AA, the supervision period for the purposes of that section begins on the expiry of the period during which the offender is on licence by virtue of subsection (3C)(a).
(3E) When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences.]
F730(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F730(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F731(6) In this section “custodial period”[F732, except if subsection (6A) applies,] means— (a) in relation to an extended sentence imposed under section 226A or 226B, two-
thirds of the appropriate custodial term determined by the court under that section,
(b) in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,
(c) in relation to a sentence imposed under section 236A, one-half of the appropriate custodial term determined by the court under that section, and
(d) in relation to any other sentence, one-half of the sentence.]
[F733(6A) In this section “custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means—
(a) in relation to an extended sentence imposed under section 226A, 226B, 227 or 228, or a sentence imposed under section 236A, two-thirds of the appropriate custodial term determined by the court under that section;
(b) in relation to any other sentence, two-thirds of the sentence.]
(7) This section applies to a determinate sentence of detention under section 91 [F734or 96] of the Sentencing Act or under section [F735226A, 226B,][F736227 ][F737, 228 or 236A] of this Act as it applies to a term of imprisonment F738... .
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Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
[F739(8) This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).]
Textual Amendments F727 S. 264(1)(c) and preceding word omitted (3.12.2012) by virtue of Legal Aid, Sentencing and
Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 32(2); S.I. 2012/2906, art. 2(h) F728 Words in s. 264(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(a); S.I. 2012/2906, art. 2(l) F729 S. 264(3B)-(3E) substituted for s. 264(3)(3A) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11),
ss. 5(2), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(e) F730 S. 264(4)(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 14 para. 14(d); S.I. 2012/2906, art. 2(l) F731 S. 264(6) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para.
23(2); S.I. 2015/778, art. 3, Sch. 1 para. 72 F732 Words in s. 264(6) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020
(c. 3), ss. 7(7)(a), 10(4) F733 S. 264(6A) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3),
ss. 7(7)(b), 10(4) F734 Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 117(8)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F735 Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 20 para. 12(3); S.I. 2012/2906, art. 2(r) F736 Words in s. 264(7) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 117(8)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F737 Words in s. 264(7) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 1 para. 23(3); S.I. 2015/778, art. 3, Sch. 1 para. 72 F738 Words in s. 264(7) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 14(f); S.I. 2012/2906, art. 2(l) F739 S. 264(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 17 para. 8; S.I. 2012/2906, art. 2(o)
Modifications etc. (not altering text) C91 S. 264(6)(d) modified (1.4.2020) by The Release of Prisoners (Alteration of Relevant Proportion of
Sentence) Order 2020 (S.I. 2020/158), arts. 1, 4 (with art. 5)
Commencement Information I187 S. 264 partly in force; s. 264 not in force at Royal Assent, see s. 336(3); s. 264 in force for certain
purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 264(1)-(3)(6)(7) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
F740264AConsecutive terms: intermittent custody
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F740 S. 264A omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 33; S.I. 2012/2906, art. 2(h)
262 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
[F741264BConsecutive terms: supplementary
(1) This section applies in a case in which section 264 applies where— (a) the offender is released on licence under this Chapter, (b) the aggregate length of the terms of imprisonment mentioned in section 264(1)
(a) is less than 12 months, and (c) those terms include one or more terms of imprisonment (“short transitional
terms”) which were imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force, as well as one or more terms imposed in respect of an offence committed on or after that day.
(2) The offender is to be on licence until the offender would, but for the release, have served a term equal in length to the aggregate of—
(a) the custodial period in relation to each of the short transitional terms, and (b) the full length of each of the other terms.
(3) In this section “custodial period” has the same meaning as in section 264.]
Textual Amendments F741 S. 264B inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 5(3), 22(1) (with Sch. 7
para. 2); S.I. 2015/40, art. 2(e)
Modifications etc. (not altering text) C92 S. 264B applied by 1997 c. 43, Sch. 1 para. 8(2)(a) (as amended (1.2.2015) by Offender Rehabilitation
Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)) C93 S. 264B applied by 1997 c. 43, Sch. 1 para. 9(4)(a) (as amended (1.2.2015) by Offender Rehabilitation
Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(3)(a) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)) C94 S. 264B applied by 1997 c. 43, Sch. 1 para. 9(2)(a)(4)(a) (as amended (1.2.2015) by Offender
Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(2)(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
Restriction on consecutive sentences for released prisoners
265 Restriction on consecutive sentences for released prisoners
(1) A court sentencing a person to a term of imprisonment may not order or direct that the term is to commence on the expiry of any other sentence of imprisonment from which he has been released
[F742(a) under this Chapter; or (b) under Part 2 of the Criminal Justice Act 1991.]
F743(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F744(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In this section “sentence of imprisonment” includes a sentence of detention under section 91 [F745or 96] of the Sentencing Act or section [F746226A, 226B,][F747227][F748, 228 or 236A] of this Act, and “term of imprisonment” is to be read accordingly.
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263
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments F742 Words in s. 265(1) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss.
20(4)(a), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 10 F743 S. 265(1A) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 16 para. 17; S.I. 2012/2906, art. 2(n) F744 S. 265(1B) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 10 para. 34; S.I. 2012/2906, art. 2(h) F745 Words in s. 265(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 117(9)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F746 Words in s. 265(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), s. 151(1), Sch. 20 para. 13; S.I. 2012/2906, art. 2(r) F747 Words in s. 265(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 117(9)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F748 Words in s. 265(2) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1),
Sch. 1 para. 24; S.I. 2015/778, art. 3, Sch. 1 para. 72
Commencement Information I188 S. 265 wholly in force at 4.4.2005; s. 265 not in force at Royal Assent, see s. 336(3); s. 265 in force
for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 265 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to saving in art. 2(2), Sch. 2 para. 14) (which saving fell (14.7.2008) by virtue of the amendment of S.I. 2005/950, Sch. 2 para. 14 by 2008 (c. 4), ss. 148, 153, {Sch. 26 para. 78}); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(s)
PROSPECTIVE
Drug testing requirements
F749266 Release on licence etc: drug testing requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F749 S. 266 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 118(2), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
Supplemental
267 Alteration by order of relevant proportion of sentence
The Secretary of State may by order provide that any reference in [F750section 243A(3) (a),] section 244(3)(a), section 247(2) or [F751section 264(6)(d)] to a particular proportion of a prisoner’s sentence is to be read as a reference to such other proportion of a prisoner’s sentence as may be specified in the order.
264 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments F750 Words in s. 267 inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), s. 151(1), Sch. 14 para. 15; S.I. 2012/2906, art. 2(l) F751 Words in s. 267 substituted (7.2.2020) by The Criminal Justice and Courts Act 2015 (Consequential
Amendment) Regulations 2020 (S.I. 2020/157), regs. 1, 3
[F752267AApplication of Chapter 6 to pre-4 April 2005 cases
Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.]
Textual Amendments F752 S. 267A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10),
s. 151(1), Sch. 16 para. 2; S.I. 2012/2906, art. 2(n)
Modifications etc. (not altering text) C95 S. 267A applied by Crime (Sentences) Act 1997 (c. 43), Sch. 1 paras. 8(2)(a)(4)(a), 9(2)(a)(4)(a) (as
amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 paras. 7, 8; S.I. 2012/2906, art. 2(n))
[F753267BModification of Chapter 6 in certain transitional cases
Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.]
Textual Amendments F753 S. 267B inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10),
s. 151(1), Sch. 17 para. 9; S.I. 2012/2906, art. 2(o)
Modifications etc. (not altering text) C96 S. 267B applied by Crime (Sentences) Act 1997 (c. 43), Sch. 1 paras. 8(2)(a)(4)(a), 9(2)(a)(4)(a) (as
amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 paras. 7, 8; S.I. 2012/2906, art. 2(n))
268 Interpretation of Chapter 6
[F754(1)] In this Chapter — “the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43); “the Board” means the Parole Board; [F755“fixed-term prisoner” and “fixed-term sentence”] have the meaning
given by section 237(1) [F756(as extended by section 237(1A));] F757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F758“offender subject to supervision under this Chapter” means a person
who is subject to supervision requirements under section 256AA or 256B;]
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“prison” and “prisoner” are to be read in accordance with section 237(2); [F758“supervision default order” means an order described in
section 256AC(4)(c), whether made under that provision or under paragraph 9 of Schedule 19A;]
[F758“the supervision period”, in relation to an offender subject to supervision under this Chapter, has the meaning given in section 256AA or 256B (as appropriate);]
[F758“the supervisor”— (a) in relation to an offender subject to supervision requirements under
section 256AA, has the meaning given in that section, and (b) in relation to an offender subject to supervision requirements under
section 256B, means the person who provides supervision under that section;]
F757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F759(1A) In this Chapter, “the requisite custodial period” means [F760(except where it has the meaning given by section 247A(8))] —
(a) in relation to a person serving an extended sentence imposed under section 226A or 226B, the requisite custodial period for the purposes of section 246A;
(b) in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;
(c) in relation to a person serving a sentence imposed under section 236A, the requisite custodial period for the purposes of section 244A;
(d) in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A or section 244 (as appropriate).]
[F761(2) For the purposes of sections 243A(1A), 256AA(1), 256B(1A) and 264B(1), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on the last of those days.]
Textual Amendments F754 S. 268 renumbered as s. 268(1) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3
para. 23(2) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u) F755 Words in s. 268(1) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3
para. 23(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u) F756 S. 268: words in definition of "fixed-term prisoner" inserted (28.3.2009 for certain purposes and
otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 227; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F757 Definitions in s. 268 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 35; S.I. 2012/2906, art. 2(h)
F758 Words in s. 268(1) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 23(4) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
F759 S. 268(1A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 14(2), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10
F760 Words in s. 268(1A) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(8), 10(4)
266 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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content and are referenced with annotations. (See end of Document for details) View outstanding changes
F761 S. 268(2) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 23(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Commencement Information I189 S. 268 wholly in force at 4.4.2005; s. 268 not in force at Royal Assent, see s. 336(3); s. 268 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 268 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)
CHAPTER 7
EFFECT OF LIFE SENTENCE
269 Determination of minimum term in relation to mandatory life sentence
(1) This section applies where after the commencement of this section a court passes a life sentence in circumstances where the sentence is fixed by law.
(2) The court must, unless it makes an order under subsection (4), order that the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (referred to in this Chapter as “the early release provisions”) are to apply to the offender as soon as he has served the part of his sentence which is specified in the order.
(3) The part of his sentence is to be such as the court considers appropriate taking into account—
(a) the seriousness of the offence, or of the combination of the offence and any one or more offences associated with it, and
(b) the effect of [F762section 240ZA (crediting periods of remand in custody) or of any direction which it would have given under section 240A (crediting periods of remand on certain types of bain( �b>] if it had sentenced him to a term of imprisonment.
[F763(3A) The reference in subsection (3)(b) to section 240ZA includes section 246 of the Armed Forces Act 2006 (crediting periods in service custody).]
(4) If the offender was 21 or over when he committed the offence and the court is of the opinion that, because of the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2), the court must order that the early release provisions are not to apply to the offender.
(5) In considering under subsection (3) or (4) the seriousness of an offence (or of the combination of an offence and one or more offences associated with it), the court must have regard to—
(a) the general principles set out in Schedule 21, and (b) any guidelines relating to offences in general which are relevant to the case
and are not incompatible with the provisions of Schedule 21.
(6) The [F764Lord Chancellor] may by order amend Schedule 21.
(7) Before making an order under subsection (6), the [F765Lord Chancellor must consult the Sentencing Council for England and Wales].
Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing Chapter 7 – Effect of life sentence Document Generated: 2021-03-17
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Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
Textual Amendments F762 Words in s. 269(3)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), ss. 110(10)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F763 S. 269(3A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 110(10)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d) F764 Words in s. 269(6) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch.
21 para. 85(a) (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 14(b), 20(b) (with art. 7(4)) F765 Words in s. 269(7) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch.
21 para. 85(b) (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 14(b), 20(b) (with art. 7(4))
270 Duty to give reasons
[F766(1) Subsection (2) applies where a court makes an order under section 269(2) or (4).]
(2) [F767In complying with the duty under section 174(2) to state its reasons for deciding on the order made,] the court must, in particular—
(a) state which of the starting points in Schedule 21 it has chosen and its reasons for doing so, and
(b) state its reasons for any departure from that starting point.
Textual Amendments F766 S. 270(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012
(c. 10), ss. 64(3)(a), 151(1); S.I. 2012/2906, art. 2(a) F767 Words in s. 270(2) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act
2012 (c. 10), ss. 64(3)(b), 151(1); S.I. 2012/2906, art. 2(a)
Modifications etc. (not altering text) C97 S. 270 excluded (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 73(7), 178;
S.I. 2006/378, art. 5(1) C98 S. 270 applied (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 74(14), 178;
S.I. 2005/378, art. 5(1) (with art. 5(2))
271 Appeals
(1) In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence following conviction on indictment), after subsection (1) there is inserted—
“(1A) In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.”.
(2) In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted—
“(1ZA) In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.”.
268 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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272 Review of minimum term on a reference by Attorney General
(1) In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) after subsection (3) there is inserted—
“(3A) Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.”.
(2) F768. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) F768. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F768 S. 272(2)(3) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces
Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 229, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
273 Life prisoners transferred to England and Wales
(1) The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of one or more relevant orders.
(2) In subsection (1) “transferred life prisoner” means a person— (a) on whom a court in a country or territory outside the British Islands
has imposed one or more sentences of imprisonment or detention for an indeterminate period, and
(b) who has been transferred to England and Wales after the commencement of this section in pursuance of—
(i) an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c. 31), or
(ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c. 47),
there to serve his sentence or sentences or the remainder of his sentence or sentences.
(3) In subsection (1) “a relevant order” means— (a) in the case of an offence which appears to the court to be an offence for which,
if it had been committed in England and Wales, the sentence would have been fixed by law, an order under subsection (2) or (4) of section 269, and
(b) in any other case, an order under subsection (2) or (4) of section 82A of the Sentencing Act.
(4) In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “ and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003 ”.
[F769(5) The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of
Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing Chapter 7 – Effect of life sentence Document Generated: 2021-03-17
269
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).]
Textual Amendments F769 S. 273(5) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch.
26 para. 73; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)
274 Further provisions about references relating to transferred life prisoners
(1) A reference to the High Court under section 273 is to be determined by a single judge of that court without an oral hearing.
(2) In relation to a reference under that section, any reference to “the court” in subsections (2) to (5) of section 269, in Schedule 21 or in section 82A(2) to (4) of the Sentencing Act is to be read as a reference to the High Court.
(3) A person in respect of whom a reference has been made under section 273 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.
(4) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to [F770Supreme Court] from decision of High Court in a criminal cause or matter) and section 18(1) (a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies.
(5) The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.
(6) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the [F770Supreme Court] under this section.
(7) In relation to appeals to the Court of Appeal or the [F770Supreme Court] under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).
Textual Amendments F770 Words in s. 274 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148, Sch.
9 para. 82(5); S.I. 2009/1604, art. 2(d)
275 Duty to release certain life prisoners
(1) Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to release certain life prisoners) is amended as follows.
(2) For subsection (1A) there is substituted—
270 Criminal Justice Act 2003 (c. 44) Part 12 – Sentencing
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“(1A) This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order.”
(3) In subsection (1B)(a)— (a) for the words from the beginning to “applies” there is substituted “ this section
does not apply to him ”, and (b) for the words from “such an order” to “appropriate stage” there is substituted
“ a minimum term order has been made in respect of each of those sentences ”.
(4) After subsection (8) there is inserted—
“(8A) In this section “minimum term order” means an order under— (a) subsection (2) of section 82A of the Powers of Criminal Courts
(Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or
(b) subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence).”.
276 Mandatory life sentences: transitional cases
Schedule 22 (which relates to the effect in transitional cases of mandatory life sentences) shall have effect.
277 Interpretation of Chapter 7
In this Chapter— “court” includes [F771the Court Martial]; [F772“guidelines” means sentencing guidelines issued by the Sentencing
Council for England and Wales as definitive guidelines under section 120 of the Coroners and Justice Act 2009, as revised by any subsequent guidelines so issued;]
“life sentence” means— (a) a sentence of imprisonment for life, (b) a sentence of detention during Her Majesty’s pleasure, or (c) a sentence of custody for life passed before the commencement of
section 61(1) of the Criminal Justice and Court Services Act 2000 (c. 43) (which abolishes that sentence).
Textual Amendments F771 S. 277: words in definition of "court" substituted (28.3.2009 for certain purposes, and otherwise
31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 230; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F772 S. 277: definition of "guidelines" substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 86 (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 14(b), 20(b) (with art. 7(4))
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CHAPTER 8
OTHER PROVISIONS ABOUT SENTENCING
Deferment of sentence
278 Deferment of sentence
Schedule 23 (deferment of sentence) shall have effect.
Commencement Information I190 S. 278 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 20 (subject
to art. 2(2), Sch. 2)
Power to include drug treatment and testing requirement in certain orders in respect of young offenders
279 Drug treatment and testing requirement in action plan order or supervision order
F773. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F773 S. 279 repealed (31.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153,
Sch. 4 para. 94, Sch. 28 Pt. 1 (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(xv)
Commencement Information I191 S. 279 partly in force; s. 279 not in force at Royal Assent, see s. 336(3); s. 279 in force for certain
purposes at 1.12.2004 by S.I. 2004/3033, art. 2(1)(2) (subject to art. 2(3)(4))
Alteration of penalties for offences
PROSPECTIVE
280 Alteration of penalties for specified summary offences
(1) The summary offences listed in Schedule 25 are no longer punishable with imprisonment.
(2) Schedule 26 (which contains amendments increasing the maximum term of imprisonment for certain summary offences from 4 months or less to 51 weeks) shall have effect.
(3) This section does not affect the penalty for any offence committed before the commencement of this section.
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PROSPECTIVE
281 Alteration of penalties for other summary offences
(1) Subsection (2) applies to any summary offence which— (a) is an offence under a relevant enactment, (b) is punishable with a maximum term of imprisonment of five months or less,
and (c) is not listed in Schedule 25 or Schedule 26.
(2) The Secretary of State may by order amend any relevant enactment so as to— (a) provide that any summary offence to which this subsection applies is no longer
punishable with imprisonment, or (b) increase to 51 weeks the maximum term of imprisonment to which a person
is liable on conviction of the offence.
(3) An order under subsection (2) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.
(4) Subsection (5) applies to any summary offence which— (a) is an offence under a relevant enactment, and (b) is punishable with a maximum term of imprisonment of six months.
(5) The maximum term of imprisonment to which a person is liable on conviction of an offence to which this subsection applies is, by virtue of this subsection, 51 weeks (and the relevant enactment in question is to be read as if it had been amended accordingly).
(6) Neither of the following— (a) an order under subsection (2), or (b) subsection (5),
affects the penalty for any offence committed before the commencement of that order or subsection (as the case may be).
(7) In this section and section 282 “relevant enactment” means any enactment contained in—
(a) an Act passed before or in the same Session as this Act, or (b) any subordinate legislation made before the passing of this Act.
(8) In subsection (7) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
Modifications etc. (not altering text) C99 S. 281 applied (prosp.) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), ss. 10(3), 40 C100 S. 281(5) modified (16.12.2010) by The National Assembly for Wales Referendum (Assembly Act
Provisions)(Referendum Question, Date of Referendum Etc.) Order 2010 (S.I. 2010/2837), arts. 1(2), 26, {Sch. 4 para. 1(6)}
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PROSPECTIVE
282 Increase in maximum term that may be imposed on summary conviction of offence triable either way
(1) In section 32 of the Magistrates' Courts Act 1980 (c. 43) (penalties on summary conviction for offences triable either way) in subsection (1) (offences listed in Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “ not exceeding 12 months ”.
(2) Subsection (3) applies to any offence triable either way which— (a) is an offence under a relevant enactment, (b) is punishable with imprisonment on summary conviction, and (c) is not listed in Schedule 1 to the Magistrates' Courts Act 1980.
(3) The maximum term of imprisonment to which a person is liable on summary conviction of an offence to which this subsection applies is by virtue of this subsection 12 months (and the relevant enactment in question is to be read as if it had been amended accordingly).
(4) Nothing in this section affects the penalty for any offence committed before the commencement of this section.
Modifications etc. (not altering text) C101 S. 282 applied (prosp.) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), ss. 10(3), 60 C102 S. 282(3) modified (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 56(4), 66(2)(c)
PROSPECTIVE
283 Enabling powers: power to alter maximum penalties
(1) The Secretary of State may by order, in accordance with subsection (2) or (3), amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person—
(a) as regards a summary offence, liable on conviction to a term of imprisonment; (b) as regards an offence triable either way, liable on summary conviction to a
term of imprisonment.
(2) An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to—
(a) restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or
(b) increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power.
(3) An order made by virtue of paragraph (b) of that subsection may amend the relevant enactment in question so as to increase the maximum term of imprisonment to which a person may be made liable on summary conviction of an offence under the power to 12 months.
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(4) Schedule 27 (which amends the maximum penalties which may be imposed by virtue of certain enabling powers) shall have effect.
(5) The power conferred by subsection (1) shall not apply to the enactments amended under Schedule 27.
(6) An order under subsection (1) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.
(7) None of the following— (a) an order under subsection (1), or (b) Schedule 27,
affects the penalty for any offence committed before the commencement of that order or Schedule (as the case may be).
(8) In subsection (1) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(9) In this section “relevant enactment” means any enactment contained in an Act passed before or in the same Session as this Act.
284 Increase in penalties for drug-related offences
(1) Schedule 28 (increase in penalties for certain drug-related offences) shall have effect.
(2) That Schedule does not affect the penalty for any offence committed before the commencement of that Schedule.
285 Increase in penalties for certain driving-related offences
(1) In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in subsection (4), for “five years” there is substituted “ fourteen years ”.
(2) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences) is amended in accordance with subsections (3) and (4).
(3) In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.
(4) In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.
(5) Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is amended in accordance with subsections (6) and (7).
(6) In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.
(7) In the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.
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(8) This section does not affect the penalty for any offence committed before the commencement of this section.
286 Increase in penalties for offences under section 174 of Road Traffic Act 1988
(1) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences), in the entry relating to section 174 of the Road Traffic Act 1988 (c. 52) (false statements and withholding material information), for columns (3) and (4) there is substituted—
“(a) Summarily (a) 6 months or the statutory maximum or both
(b) On indictment (b) 2 years or a fine or both.”
(2) Section 282(3) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act.
(3) This section does not apply in relation to any offence committed before the commencement of this section.
Firearms offences
287 Minimum sentence for certain firearms offences
After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following section—
“51A Minimum sentence for certain offences under s. 5
(1) This section applies where— (a) an individual is convicted of—
(i) an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of this Act, or
(ii) an offence under section 5(1A)(a) of this Act, and (b) the offence was committed after the commencement of this section and
at a time when he was aged 16 or over.
(2) The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
(3) Where an 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.
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(4) In this section “appropriate custodial sentence (or order for detention)” means—
(a) in relation to England and Wales— (i) in the case of an offender who is aged 18 or over when
convicted, a sentence of imprisonment, and (ii) in the case of an offender who is aged under 18 at that time,
a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;
(b) in relation to Scotland— (i) in the case of an offender who is aged 21 or over when
convicted, a sentence of imprisonment, (ii) in the case of an offender who is aged under 21 at that time (not
being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995, and
(iii) in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act.
(5) In this section “the required minimum term” means— (a) in relation to England and Wales—
(i) in the case of an offender who was aged 18 or over when he committed the offence, five years, and
(ii) in the case of an offender who was under 18 at that time, three years, and
(b) in relation to Scotland— (i) in the case of an offender who was aged 21 or over when he
committed the offence, five years, and (ii) in the case of an offender who was aged under 21 at that time,
three years.”
288 Certain firearms offences to be triable only on indictment
In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and punishment of offences) for the entries relating to offences under section 5(1) (possessing or distributing prohibited weapons or ammunition) and section 5(1A) (possessing or distributing other prohibited weapons) there is substituted—
“Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c)
Possessing or distributing prohibited weapons or ammunition.
On indictment 10 years or a fine, or both.
Section 5(1)(b) Possessing or distributing prohibited weapon designed for
(a) Summary (b) On indictment
6 months or a fine of the statutory maximum, or both. 10 years or a fine or both.
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discharge of noxious liquid etc.
Section 5(1A)(a) Possessing or distributing firearm disguised as other object.
On indictment 10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g)
Possessing or distributing other prohibited weapons.
(a) Summary (b) On indictment
6 months or a fine of the statutory maximum, or both. 10 years or a fine, or both.”
289 Power to sentence young offender to detention in respect of certain firearms offences: England and Wales
(1) Section 91 of the Sentencing Act (offenders under 18 convicted of certain serious offences: power to detain for specified period) is amended as follows.
(2) After subsection (1) there is inserted—
“(1A) Subsection (3) below also applies where— (a) a person aged under 18 is convicted on indictment of an offence—
(i) under subsection (1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of section 5 of the Firearms Act 1968 (prohibited weapons), or
(ii) under subsection (1A)(a) of that section, (b) the offence was committed after the commencement of section 51A
of that Act and at a time when he was aged 16 or over, and (c) the court is of the opinion mentioned in section 51A(2) of that Act
(exceptional circumstances which justify its not imposing required custodial sentence).”
(3) After subsection (4) there is inserted—
“(5) Where subsection (2) of section 51A of the Firearms Act 1968 requires the imposition of a sentence of detention under this section for a term of at least the required minimum term (within the meaning of that section), the court shall sentence the offender to be detained for such period, of at least that term but not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 18 or over, as may be specified in the sentence.”.
290 Power to sentence young offender to detention in respect of certain firearms offences: Scotland
(1) The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.
(2) In section 49(3) (children’s hearing for purpose of obtaining advice as to treatment of child), at the end there is added “ except that where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968 it shall itself dispose of the case ”.
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(3) In section 208 (detention of children convicted on indictment), the existing provisions become subsection (1); and after that subsection there is added—
“(2) Subsection (1) does not apply where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968.”.
291 Power by order to exclude application of minimum sentence to those under 18
(1) The Secretary of State may by order— (a) amend section 51A(1)(b) of the Firearms Act 1968 (c. 27) by substituting for
the word “16” the word “18”, [F774(aa) amend section 29(3)(a) of the Violent Crime Reduction Act 2006 by
substituting for the word “16” the word 18,] (b) repeal section 91(1A)(c) and (5) of the Sentencing Act, (c) amend subsection (3) of section 49 of the Criminal Procedure (Scotland) Act
1995 by repealing the exception to that subsection, (d) repeal section 208(2) of that Act, and (e) make such other provision as he considers necessary or expedient in
consequence of, or in connection with, the provision made by virtue of paragraphs (a) to (d).
(2) The provision that may be made by virtue of subsection (1)(e) includes, in particular, provision amending or repealing any provision of an Act (whenever passed), including any provision of this Act.
Textual Amendments F774 S. 291(1)(aa) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 66(2), Sch. 1
para. 9(7); S.I. 2007/858, art. 2(g)
292 Sentencing for firearms offences in Northern Ireland F775. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F775 S. 292 repealed (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)),
arts. 1, 82(2), Sch. 8 (with art. 81); S.R. 2005/4, art. 3 (with arts. 4-7)
293 Increase in penalty for offences relating to importation or exportation of certain firearms
(1) The Customs and Excise Management Act 1979 (c. 2) is amended as follows.
(2) In section 50 (penalty for improper importation of goods), for subsection (5A) there is substituted—
“(5A) In the case of—
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(a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981,
subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.”
(3) In section 68 (offences in relation to exportation of prohibited or restricted goods) for subsection (4A) there is substituted—
“(4A) In the case of— (a) an offence under subsection (2) or (3) above committed in Great
Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981,
subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.”
(4) In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A) there is substituted—
“(4A) In the case of— (a) an offence under subsection (2) or (3) above committed in Great
Britain in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1) (a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981,
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subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.”
(5) This section does not affect the penalty for any offence committed before the commencement of this section.
Offenders transferred to mental hospital
294 Duration of directions under Mental Health Act 1983 in relation to offenders
(1) Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows.
(2) In subsection (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.
(3) For subsections (2) and (3) there is substituted—
“(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
(3) In this section, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded—
(a) any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and
(b) any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution.”.
295 Access to Parole Board for certain patients serving prison sentences
In section 74 of the Mental Health Act 1983 (restricted patients subject to restriction directions) after subsection (5) there is inserted—
“(5A) Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction—
(a) the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and
(b) if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released.”
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296 Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders
(1) Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as follows.
(2) In paragraph (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.
(3) For paragraphs (2) and (3) there is substituted—
“(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
(3) In this Article, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given; and in determining that day any powers that would be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded.”
297 Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients
In Article 79 of the Mental Health (Northern Ireland) Order 1986 (restricted patients subject to restriction directions) after paragraph (5) there is inserted—
“(5A) Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction—
(a) the fact that the restriction direction remains in force does not prevent—
(i) the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or
(ii) the making of any application by him to the Sentence Review Commissioners, and
(b) if— (i) the Life Sentence Review Commissioners give a direction
by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or
(ii) the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled,
the restriction direction shall cease to have effect at the time at which he would become so entitled.”.
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PROSPECTIVE
Term of detention and training order
298 Term of detention and training order
(1) Section 101 of the Sentencing Act (which relates to detention and training orders) is amended as follows.
(2) In subsection (1), for “subsection (2)” there is substituted “ subsections (2) and (2A) ”.
(3) After subsection (2) there is inserted—
“(2A) Where— (a) the offence is a summary offence, (b) the maximum term of imprisonment that a court could (in the case of
an offender aged 18 or over) impose for the offence is 51 weeks, the term of a detention and training order may not exceed 6 months.”
Disqualification from working with children
299 Disqualification from working with children
Schedule 30 (which contains amendments of Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43) relating to disqualification orders under that Part) shall have effect.
Fine defaulters
300 Power to impose unpaid work requirement [F776curfew requirement or attendance centre requirement] on fine defaulter
(1) Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court—
(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or
(b) would, but for section 89 of the Sentencing Act (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.
(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—
(a) an unpaid work requirement (as defined by section 199), or (b) a curfew requirement (as defined by section 204)[F777, or (c) in a case where the person is aged under 25, an attendance centre requirement
(as defined by section 214)]
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(3) In this Part “default order” means an order under subsection (2).
(4) Subsections (3) and (4) of section 177 (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation to a community order.
(5) Where a magistrates' court has power to make a default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.
(6) Schedule 8 (breach, revocation or amendment of community order), Schedule 9 (transfer of community orders to Scotland or Northern Ireland) and Chapter 4 (further provisions about orders under Chapters 2 and 3) have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31.
(7) Where a default order has been made for default in paying any sum— (a) on payment of the whole sum to any person authorised to receive it, the order
shall cease to have effect, and (b) on payment of a part of the sum to any such person, the total number of hours
or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
(8) In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.
Textual Amendments F776 Words in s. 300 heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss.
40(2), 153 (with Sch. 27 para. 13(2)); S.I. 2008/1586, art. 2(1), Sch. 1 para. 20 F777 S. 300(2)(c) and word inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss.
40(3), 153 (with Sch. 27 para. 13(2)); S.I. 2008/1586, art. 2(1), Sch. 1 para. 20
Modifications etc. (not altering text) C103 S. 300 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173
Commencement Information I192 S. 301 partly in force; s. 301 not in force at Royal Assent, see s. 336(3); s. 301(5) in force at 7.3.2005
by S.I. 2005/373, art. 2
301 Fine defaulters: driving disqualification
(1) Subsection (2) applies in any case where a magistrates' court— (a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue
a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or
(b) would, but for section 89 of the Sentencing Act (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.
(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement
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of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.
(3) Where an order has been made under subsection (2) for default in paying any sum— (a) on payment of the whole sum to any person authorised to receive it, the order
shall cease to have effect, and (b) on payment of part of the sum to any such person, the total number of weeks or
months to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
(4) In calculating any reduction required by subsection (3)(b) any fraction of a week or month is to be disregarded.
(5) The Secretary of State may by order amend subsection (2) by substituting, for the period there specified, such other period as may be specified in the order.
(6) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce—
(a) any such licence held by him F778...; or (b) in the case where he holds a Community licence (within the meaning of Part
3 of the Road Traffic Act 1988 (c. 52)), his Community licence F779....
(7) In this section— “driving licence” means a licence to drive a motor vehicle granted under Part
3 of the Road Traffic Act 1988; F780...
Textual Amendments F778 Words in s. 301(6)(a) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para.
80(2)(a), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9) F779 Words in s. 301(6)(b) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para.
80(2)(b), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9) F780 Words in s. 301(7) repealed (8.6.2015) by Road Safety Act 2006 (c. 49), s. 61(1)(10), Sch. 3 para.
80(3), Sch. 7(4); S.I. 2015/560, art. 3 (with arts. 4-9)
Commencement Information I193 S. 301 partly in force; s. 301 not in force at Royal Assent, see s. 336(3); s. 301(5) in force at 7.3.2005
by S.I. 2005/373, art. 2
CHAPTER 9
SUPPLEMENTARY
302 Execution of process between England and Wales and Scotland
Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under—
[F781section 256AC(1) or (3),
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section 256C(1) or (3),] paragraph 7(2) or (4), 13(6) or 25(1) of Schedule 8, paragraph 12 of Schedule 9, F782..., F783... paragraph 6(2) or (4), 12(1) or 20(1) of Schedule 12, [F784paragraph 8(1) or 10(5) of Schedule 19A,]
as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court.
Textual Amendments F781 Words in s. 302 inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para.
24(2) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u) F782 Words in s. 302 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 10 para. 36; S.I. 2012/2906, art. 2(h) F783 Word in s. 302 omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch.
3 para. 24(3) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u) F784 Words in s. 302 inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para.
24(4) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)
Commencement Information I194 S. 302 wholly in force at 4.4.2005; s. 302 not in force at Royal Assent, see s. 336(3); s. 302 in force for
certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 302 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 21 (subject to art. 2(2), Sch. 2)
303 Sentencing: repeals
The following enactments (which are superseded by the provisions of this Part) shall cease to have effect—
(a) Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners), (b) in the Crime (Sentences) Act 1997 (c. 43)—
(i) section 29 (power of Secretary of State to release life prisoners to whom section 28 of that Act does not apply),
(ii) section 33 (transferred prisoners), and (iii) sections 35 and 40 (fine defaulters),
(c) sections 80 and 81 of the Crime and Disorder Act 1998 (c. 37) (sentencing guidelines), and
(d) in the Sentencing Act— (i) Chapter 3 of Part 4 (community orders available only where offender
16 or over), (ii) section 85 (sexual or violent offences: extension of custodial term for
licence purposes), (iii) sections 87 and 88 (remand in custody), (iv) section 109 (life sentence for second serious offence), and (v) Chapter 5 of Part 5 (suspended sentences).
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Commencement Information I195 S. 303 partly in force; s. 303(b)(i)(ii) in force at 18.12.2003 see s. 336(2); s. 303(a)(c)(d) in force at
4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 22 (subject to art. 2(2), Sch. 2)
304 Amendments relating to sentencing
Schedule 32 (which contains amendments related to the provisions of this Part) shall have effect.
Commencement Information I196 S. 304 partly in force; s. 304 in force for certain purposes at 18.12.2003, see s. 336(2); s. 304 in
force for certain purposes at 22.1.2004 by S.I. 2004/81, art. 3; s. 304 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 304 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 23 (subject to art. 2(2), Sch. 2)
305 Interpretation of Part 12
(1) In this Part, except where the contrary intention appears— “accredited programme” has the meaning given by section 202(2); F785... [F786“ alcohol abstinence and monitoring requirement ”, in relation to a
community order or suspended sentence order, has the meaning given by section 212A; ]
“alcohol treatment requirement”, in relation to a community order or suspended sentence order, has the meaning given by section 212;
“the appropriate officer of the court” means, in relation to a magistrates' court, the [F787designated officer for] the court;
“associated”, in relation to offences, is to be read in accordance with section 161(1) of the Sentencing Act;
“attendance centre” has the meaning given by section 221(2); “attendance centre requirement”, in relation to a community order, F788... or
suspended sentence order, has the meaning given by section 214; “community order” has the meaning given by section 177(1); “community requirement”, in relation to a suspended sentence order, has
the meaning given by section 189(7); “community sentence” has the meaning given by section 147(1); “court” (without more), except in Chapter 7, does not include a service
court[F789, but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006;]
“curfew requirement”, in relation to a community order, F788... or suspended sentence order, has the meaning given by section 204;
“custodial sentence” has the meaning given by section 76 of the Sentencing Act;
F790. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “default order” has the meaning given by section 300(3);
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“drug rehabilitation requirement”, in relation to a community order or suspended sentence order, has the meaning given by section 209;
“electronic monitoring requirement”, in relation to a community order, F788... or suspended sentence order, has the meaning given by section 215;
“exclusion requirement”, in relation to a community order, F788... or suspended sentence order, has the meaning given by section 205;
[F791“foreign travel prohibition requirement”, in relation to a community order or suspended sentence order, has the meaning given by section 206A;]
“guardian” has the same meaning as in the Children and Young Persons Act 1933 (c. 12);
F792. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “licence” means a licence under Chapter 6; “local probation board” means a local probation board established under
section 4 of the Criminal Justice and Court Services Act 2000 (c. 43); “mental health treatment requirement”, in relation to a community order or
suspended sentence order, has the meaning given by section 207; “pre-sentence report” has the meaning given by section 158(1); “programme requirement”, in relation to a community order, F788... or
suspended sentence order, has the meaning given by section 202; “prohibited activity requirement”, in relation to a community order, F788...
or suspended sentence order, has the meaning given by section 203; [F793“rehabilitation activity requirement” , in relation to a community order
or suspended sentence order, has the meaning given by section 200A;] “residence requirement”, in relation to a community order or suspended
sentence order, has the meaning given by section 206; “responsible officer”, in relation to an offender to whom a community
order, F794... or a suspended sentence order relates, has the meaning given by section 197;
“sentence of imprisonment” does not include a committal— (a) in default of payment of any sum of money, (b) for want of sufficient distress to satisfy any sum of money, or (c) for failure to do or abstain from doing anything required to be done or
left undone ,
and references to sentencing an offender to imprisonment are to be read accordingly;
“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
[F795“service court” means— (a) the Court Martial; (b) the Summary Appeal Court; (c) the Service Civilian Court; (d) the Court Martial Appeal Court; or (e) the Supreme Court on an appeal brought from the Court Martial Appeal
Court;] F785... “suspended sentence” and “suspended sentence order” have the meaning
given by section 189(7);
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“unpaid work requirement”, in relation to a community order, F788... or suspended sentence order, has the meaning given by section 199;
“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).
[F796(1A) In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—
(a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but
(b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).]
(2) For the purposes of any provision of this Part which requires the determination of the age of a person by the court or the Secretary of State, his age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.
(3) Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.
(4) For the purposes of this Part— [F797(za) a sentence falls to be imposed under [F798section 1(2B) or 1A(5)] of the
Prevention of Crime Act 1953 if it is required by [F799that provision] and the court is not of the opinion there mentioned,]
(a) a sentence falls to be imposed under subsection (2) of section 51A of the Firearms Act 1968 (c. 27) if it is required by that subsection and the court is not of the opinion there mentioned,
[F800(aa) a sentence falls to be imposed under [F801section 139(6B), 139A(5B) or 139AA(7)] of the Criminal Justice Act 1988 if it is required by [F802that provision] and the court is not of the opinion there mentioned,]
(b) a sentence falls to be imposed under section 110(2) or 111(2) of the Sentencing Act if it is required by that provision and the court is not of the opinion there mentioned,
[F803(ba) a sentence falls to be imposed under section 29(4) or (6) of the Violent Crime Reduction Act 2006 if it is required by that provision and the court is not of the opinion there mentioned,]
[F804(bb) a sentence falls to be imposed under section 224A if the court is obliged by that section to pass a sentence of imprisonment for life,]
[F805(c) a sentence falls to be imposed under subsection (2) of section 225 if the court is obliged to pass a sentence of imprisonment for life under that subsection;
(d) a sentence falls to be imposed under subsection (2) of section 226 if the court is obliged to pass a sentence of detention for life under that subsection;]
F806(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments F785 Words in s. 305(1) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1),
Sch. 5 para. 6(3) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v) F786 Words in s. 305(1) inserted (31.7.2014 only in relation to the South London local justice area for
specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other
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than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(8), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2
F787 Words in s. 305(1) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 37; S.I. 2020/24, reg. 3(b)
F788 Words in s. 305(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 37(c); S.I. 2012/2906, art. 2(h)
F789 S. 305(1): words in definition of "court" inserted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F790 Words in s. 305(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 37(a); S.I. 2012/2906, art. 2(h)
F791 Words in s. 305(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 72(6), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)
F792 Words in s. 305(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 37(b); S.I. 2012/2906, art. 2(h)
F793 Words in s. 305(1) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 6(2) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F794 Words in s. 305(1) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 37(d); S.I. 2012/2906, art. 2(h)
F795 S. 305(1): definition of "service court" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) for definitions of "service court" and "service disciplinary proceedings" by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 231(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F796 S. 305(1A) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 155 (with s. 89) (as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(11), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)); S.I. 2014/768, art. 2(1)(b)
F797 S. 305(4)(za) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 22(2); S.I. 2012/2770, art. 2(f)
F798 Words in s. 305(4)(za) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 16(2)(a); S.I. 2015/1463, art. 2(b)
F799 Words in s. 305(4)(za) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 16(2)(b); S.I. 2015/1463, art. 2(b)
F800 S. 305(4)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 22(3); S.I. 2012/2770, art. 2(f)
F801 Words in s. 305(4)(aa) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 16(3)(a); S.I. 2015/1463, art. 2(b)
F802 Words in s. 305(4)(aa) substituted (17.7.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 5 para. 16(3)(b); S.I. 2015/1463, art. 2(b)
F803 S. 305(4)(ba) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 66(2), Sch. 1 para. 9(8); S.I. 2007/858, art. 2(g)
F804 S. 305(4)(bb) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 22; S.I. 2012/2906, art. 2(q)
F805 S. 305(4)(c)(d) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 72(a); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)
F806 S. 305(4)(e) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 149, 153, Sch. 26 para. 72(b), Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 48(a), 50(2)(c)
290 Criminal Justice Act 2003 (c. 44) Part 13 – Miscellaneous
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Modifications etc. (not altering text) C104 S. 305(4)(bb) modified (temp.) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders
Act 2012 (c. 10), s. 151(1), Sch. 19 para. 24(3); S.I. 2012/2906, art. 2(q) C105 S. 305(4)(c) modified (14.7.2008) by The Criminal Justice and Immigration Act 2008 (Transitory
Provisions) Order 2008 (S.I. 2008/1587), art. 2(4)
Commencement Information I197 S. 305 wholly in force at 4.4.2005; s. 305 not in force at Royal Assent, see s. 336(3); s. 305(1)-(3) in
force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 305 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 24 (subject to art. 2(2), Sch. 2)
PART 13
MISCELLANEOUS
Detention of suspected terrorists
306 Limit on period of detention without charge of suspected terrorists
(1) Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is amended as follows.
(2) F807. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) F807. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.”
Textual Amendments F807 S. 306(2)(3) repealed (25.7.2006) by Terrorism Act 2006 (c. 11), ss. 37(5), 39, Sch. 3; S.I. 2006/1936,
art. 2
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Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the
content and are referenced with annotations. (See end of Document for details) View outstanding changes
Enforcement of legislation on endangered species
307 Enforcement of regulations implementing [F808EU] legislation on endangered species
(1) In this section— “the 1972 Act” means the European Communities Act 1972 (c. 68); “relevant [F808EU] instrument” means—
(a) Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and
(b) 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 [F808EU] 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 [F808EU] 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.
F809(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F808EU] 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 [F808an][F808EU] 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).
Textual Amendments F808 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011
(S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)(5)) F809 S. 307(4) repealed (S.) (25.1.2018) by Criminal Justice (Scotland) Ac