Crime and Disorder Act 1998 (c. 37)

(The document as of February, 2008)

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(3) In subsection (4) of that section, for the words "subsection (2)" there shall be substituted the words "subsection (2) or (3A)".

44 In each of subsections (3)(b) and (4)(a) of section 57 of the 1991 Act (responsibility of parent or guardian for financial penalties), for the words "section 35(4)(a)" there shall be substituted the words "section 35(4)".

45 In section 58 of the 1991 Act (binding over of parent or guardian), after subsection (8) there shall be added the following subsection--

" (9) For the purposes of this section--

(a) "guardian" has the same meaning as in the 1933 Act; and

(b) taking "care" of a person includes giving him protection and guidance and "control" includes discipline. "

46 (1) In paragraph 1 of Schedule 2 to the 1991 Act (enforcement etc. of community orders), after sub-paragraph (4) there shall be added the following sub-paragraph--

" (5) Where a probation order, community service order, combination order or curfew order has been made on appeal, for the purposes of this Schedule it shall be deemed--

(a) if it was made on an appeal brought from a magistrates' court, to have been made by a magistrates' court;

(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court. "

(2) In each of paragraphs 3(1) and 4(1) of that Schedule, for paragraph (c) there shall be substituted the following paragraph--

" (c) where--

(i) the relevant order is a probation order and the offender is under the age of twenty-one years, or

(ii) the relevant order is a curfew order and the offender is under the age of sixteen years,

and the court has been notified as required by subsection (1) of section 17 of the 1982 Act, it may (subject to paragraph 6(6) below) make in respect of him an order under that section (attendance centre orders); or " .

(3) In paragraph 4(1) of that Schedule--

(a) after the word "failed" there shall be inserted the words "without reasonable excuse"; and

(b) in paragraph (d), for the words "by or before the court" there shall be substituted the words "before the Crown Court".

(4) In paragraph 6 of that Schedule, in sub-paragraph (1), for the words "or (b)" there shall be substituted the words ", (b) or (c)".

(5) After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraph--

" (3A) A community service order shall not be made under paragraph 3(1)(b) or 4(1)(b) above in respect of a person who is under the age of sixteen years. "

(6) For sub-paragraph (5) of that paragraph there shall be substituted the following sub-paragraph--

" (5) Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above--

(a) the power conferred on the court by each of paragraphs 3(1)(d) and 4(1)(d) above and paragraph 7(2)(a)(ii) below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court could deal with him if that failure to comply had just been proved to the satisfaction of the court;

(b) the reference in paragraph 7(1)(b) below to the offence in respect of which the order was made shall be construed as a reference to the failure to comply in respect of which the order was made; and

(c) the power conferred on the court by paragraph 8(2)(b) below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court which made the original order could deal with him if that failure had just been proved to the satisfaction of that court;

and in this sub-paragraph "the original order" means the relevant order the failure to comply with whose requirements led to the making of the community service order under paragraph 3(1)(b) or 4(1)(b). "

(7) After sub-paragraph (5) of that paragraph there shall be added the following sub-paragraph--

" (6) The provisions of sections 17 to 19 of the 1982 Act (making, discharge, variation and breach of attendance centre order) shall apply for the purposes of paragraphs 3(1)(c) and 4(1)(c) above but as if there were omitted--

(a) subsection (13) of section 17;

(b) from subsection (4A) of section 18 and subsections (3) and (5) of section 19, the words ", for the offence in respect of which the order was made," and "for that offence". "

(8) After paragraph 6 of that Schedule there shall be inserted the following paragraph--

" 6A (1) Where a relevant order was made by a magistrates' court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under paragraph 3(1)(d) above by that or any other court in respect of the offender after he has attained the age of 18 years shall be powers to do either or both of the following--

(a) to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;

(b) to deal with the offender for that offence in any way in which a magistrates' court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.

(2) In sub-paragraph (1)(b) above any reference to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders. "

(9) In paragraph 7(5) of that Schedule, after the word "above" there shall be inserted the words "for an offence".

(10) In paragraph 8(2) of that Schedule, for paragraph (b) there shall be substituted the following paragraph--

" (b) revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which the court which made the order could deal with him if he had just been convicted of that offence by or before the court which made the order. "

(11) After paragraph 8 of that Schedule there shall be inserted the following paragraph--

" 8A (1) This paragraph applies where a probation order is in force in respect of any offender and on the application of the offender or the responsible officer it appears to a magistrates' court acting for the petty sessions area concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice--

(a) for the probation order to be revoked; and

(b) for an order to be made under section 1A(1)(b) of the 1973 Act discharging the offender conditionally for the offence for which the probation order was made.

(2) No application may be made under paragraph 7 above for a probation order to be revoked and replaced with an order for conditional discharge under section 1A(1)(b) of the 1973 Act; but otherwise nothing in this paragraph shall affect the operation of paragraphs 7 and 8 above.

(3) Where this paragraph applies and the probation order was made by a magistrates' court--

(a) the magistrates' court dealing with the application may revoke the probation order and make an order under section 1A(1)(b) of the 1973 Act discharging the offender in respect of the offence for which the probation order was made, subject to the condition that he commits no offence during the period specified in the order under section 1A(1)(b); and

(b) the period specified in the order under section 1A(1)(b) shall be the period beginning with the making of that order and ending with the date when the probation period specified in the probation order would have ended.

(4) Where this paragraph applies and the probation order was made by the Crown Court, the magistrates' court may send the application to the Crown Court to be heard by that court, and if it does so shall also send to the Crown Court such particulars of the case as may be desirable.

(5) Where an application under this paragraph is heard by the Crown Court by virtue of sub-paragraph (4) above--

(a) the Crown Court may revoke the probation order and make an order under section 1A(1)(b) of the 1973 Act discharging the offender in respect of the offence for which the probation order was made, subject to the condition that he commits no offence during the period specified in the order under section 1A(1)(b); and

(6) For the purposes of sub-paragraphs (3) and (5) above, subsection (1) of section 1A of the 1973 Act shall apply as if--

(a) for the words from the beginning to "may make an order either" there were substituted the words "Where paragraph 8A of Schedule 2 to the [1991 c. 53.] Criminal Justice Act 1991 applies, the court which under sub-paragraph (3) or (5) of that paragraph has power to dispose of the application may (subject to the provisions of that sub-paragraph) make an order in respect of the offender"; and

(b) paragraph (a) of that subsection were omitted.

(7) An application under this paragraph may be heard in the offender's absence if--

(a) the application is made by the responsible officer; and

(b) that officer produces to the court a statement by the offender that he understands the effect of an order for conditional discharge and consents to the making of the application;

and where the application is so heard section 1A(3) of the 1973 Act shall not apply.

(8) No application may be made under this paragraph while an appeal against the probation order is pending.

(9) Without prejudice to paragraph 11 below, on the making of an order under section 1A(1)(b) of the 1973 Act by virtue of this paragraph the court shall forthwith give copies of the order to the responsible officer, and the responsible officer shall give a copy to the offender.

(10) Each of sections 1(11), 2(9) and 66(4) of the Crime and Disorder Act 1998 (which prevent a court from making an order for conditional discharge in certain cases) shall have effect as if the reference to the court by or before which a person is convicted of an offence there mentioned included a reference to a court dealing with an application under this paragraph in respect of the offence. "

(12) After paragraph 11 of that Schedule there shall be inserted the following paragraphs--

" 11A Paragraph 6A above shall apply for the purposes of paragraphs 7 and 8 above as it applies for the purposes of paragraph 3 above, but as if in paragraph 6A(1) for the words "powers exercisable under paragraph 3(1)(d) above" there were substituted the words "powers to deal with the offender which are exercisable under paragraph 7(2)(a)(ii) or 8(2)(b) below".

11B Where under this Part of this Schedule a relevant order is revoked and replaced by an order for conditional discharge under section 1A(1)(b) of the 1973 Act and--

(a) the order for conditional discharge is not made in the circumstances mentioned in section 1B(9) of the 1973 Act (order made by magistrates' court in the case of an offender under eighteen in respect of offence triable only on indictment in the case of an adult), but

(b) the relevant order was made in those circumstances,

section 1B(9) of the 1973 Act shall apply as if the order for conditional discharge had been made in those circumstances. "

Crime (Sentences) Act 1997 (c. 43)

47 Section 1 of the 1997 Act (conditions relating to mandatory and minimum custodial sentences) shall cease to have effect.

48 (1) In subsection (2) of section 3 of the 1997 Act (minimum of seven years for third class A drug trafficking offence)--

(a) for the words "specific circumstances" there shall be substituted the words "particular circumstances"; and

(b) for the words "the prescribed custodial sentence unjust" there shall be substituted the words "it unjust to do so".

(2) In subsection (3) of that section, for the words "specific circumstances" there shall be substituted the words "particular circumstances".

49 (1) In subsection (2) of section 4 of the 1997 Act (minimum of three years for third domestic burglary)--

(a) for the words "specific circumstances" there shall be substituted the words "particular circumstances"; and

(b) for the words "the prescribed custodial sentence unjust" there shall be substituted the words "it unjust to do so".

(2) In subsection (3) of that section, for the words "specific circumstances" there shall be substituted the words "particular circumstances".

50 (1) In subsection (2)(a) of section 35 of the 1997 Act (community sentences for fine defaulters), for the words "and (11)" there shall be substituted the words ", (10) and (11)".

(2) In subsection (5) of that section, paragraph (c) shall cease to have effect.

(3) In that subsection, the word "and" at the end of paragraph (d) shall cease to have effect and after paragraph (e) there shall be added the following paragraphs--

" (f) the reference in paragraph 7(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(g) the power conferred by paragraph 7(2)(a)(ii) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(h) paragraph 8(2)(b) of that Schedule shall not apply. "

(4) In subsection (7) of that section, for the words "section 12(5)" there shall be substituted the words "section 12(6)".

(5) In subsection (8) of that section, the word "and" at the end of paragraph (a) shall cease to have effect and after paragraph (b) there shall be added the following paragraphs--

" (c) the reference in paragraph 7(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(d) the power conferred by paragraph 7(2)(a)(ii) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(e) paragraph 8(2)(b) of that Schedule shall not apply. "

(6) In subsection (10) of that section, for the words "subsection (2)(b)" there shall be substituted the words "subsection (2)(a) or (b)".

51 (1) In subsection (3) of section 37 of the 1997 Act (community sentences for persistent petty offenders)--

(a) in paragraph (a), for the words "(4) and (6)" there shall be substituted the words "(4), (5A) and (6)"; and

(b) in paragraph (b), for the words "(5) and (6)" there shall be substituted the words "(5), (5A) and (6)".

(2) For subsections (4) and (5) of that section there shall be substituted the following subsections--

" (4) In this section "community service order" has the same meaning as in the 1973 Act and--

(a) section 14(2) of that Act; and

(b) so far as applicable, the other provisions of that Act relating to community service orders and the provisions of Part I of the 1991 Act so relating,

shall have effect in relation to an order under subsection (3)(a) above as they have effect in relation to a community service order made under the 1973 Act in respect of an offender.

(5) In this section "curfew order" has the same meaning as in Part I of the 1991 Act and--

(a) section 12(6) of that Act; and

(b) so far as applicable, the other provisions of that Part relating to curfew orders,

shall have effect in relation to an order under subsection (3)(b) above as they have effect in relation to a curfew order made under that Act in respect of an offender.

(5A) A court shall not make an order under subsection (3)(a) or (b) above in respect of a person who on conviction is under 16. "

52 In section 50 of the 1997 Act (disclosure of pre-sentence reports), after subsection (6) there shall be added the following subsection--

" (7) In this section "guardian" has the same meaning as in the 1933 Act. "

53 In section 54 of the 1997 Act (general interpretation), after subsection (3) there shall be added the following subsection--

" (4) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence. "

54 In section 55(2) of the 1997 Act (interpretation of minor and consequential amendments), for the words "in any case where" (in both places where they occur) there shall be substituted the word "and".

Section 119.

SCHEDULE 8 Minor and consequential amendments

Children and Young Persons Act 1933 (c. 12)

1 In subsection (4A) of section 49 of the 1933 Act (restrictions on reports of proceedings), for paragraph (e) there shall be substituted the following paragraph--

" (e) where a detention and training order is made, the enforcement of any requirements imposed under section 76(6)(b) of the Crime and Disorder Act 1998. "

2 In subsection (1A) of section 55 of the 1933 Act (power of court to order parent or guardian to pay fine imposed on child or young person), after paragraph (c) there shall be inserted the words " or

(d) a court would impose a fine on a child or young person under section 77(3) of the Crime and Disorder Act 1998 (breach of requirements of supervision under detention and training order) or paragraph 3 of Schedule 5 to that Act (breach of requirements of reparation order or action plan order), " .

3 After subsection (1) of section 56 of the 1933 Act (powers of other courts to remit young offenders to youth courts) there shall be inserted the following subsection--

" (1A) References in subsection (1) above to an offender's being committed for trial include references to his being sent for trial under section 51 of the Crime and Disorder Act 1998. "

4 In section 58 of that Act (power of Secretary of State to send certain young offenders to approved schools), for the words "subsection (2)", in both places where they occur, there shall be substituted the words "subsection (3)".

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

5 (1) In subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders)--

(a) after paragraph (ab) there shall be inserted the following paragraph--

" (ac) the person charged has been sent for trial for the offence under section 51 (no committal proceedings for indictable-only offences) of the Crime and Disorder Act 1998 ("the 1998 Act"); or " ; and

(b) after paragraph (b) there shall be inserted the words " or

(2) After paragraph (iA) of the proviso to that subsection there shall be inserted the following paragraph--

" (iB) in a case to which paragraph (ac) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 51(7) of the 1998 Act, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may be lawfully joined in the same indictment; " .

Prison Act 1952 (c. 52)

6 In subsection (1) of section 43 of the Prison Act 1952 (which enables certain institutions for young offenders to be provided and applies provisions of the Act to them), for paragraph (d) there shall be substituted the following paragraph--

" (d) secure training centres, that is to say places in which offenders in respect of whom detention and training orders have been made under section 73 of the Crime and Disorder Act 1998 may be detained and given training and education and prepared for their release. "

7 (1) In subsection (1) of section 49 of that Act (persons unlawfully at large), for the words from "imprisonment" to "secure training centre" there shall be substituted the words "imprisonment or custody for life or ordered to be detained in secure accommodation or in a young offenders institution".

(2) In subsection (2) of that section--

(a) for the words from "imprisonment" to "secure training centre" there shall be substituted the words "imprisonment, or ordered to be detained in secure accommodation or in a young offenders institution"; and

(b) for the words from "in a prison" to "secure training centre" there shall be substituted the words "in a prison or remand centre, in secure accommodation or in a young offenders institution".

(3) After subsection (4) of that section there shall be inserted the following subsection--

" (5) In this section "secure accommodation" means--

(a) a young offender institution;

(b) a secure training centre; or

(c) any other accommodation that is secure accommodation within the meaning given by section 75(7) of the Crime and Disorder Act 1998 (detention and training orders). "

Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)

8 In subsection (4) of section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court), after the words "committed for trial" there shall be inserted the words ", or sent for trial under section 51 of the Crime and Disorder Act 1998,".

Criminal Justice Act 1967 (c. 80)

9 (1) In subsection (2) of section 56 of the Criminal Justice Act 1967 (committal for sentence for offences tried summarily)--

(a) for the words "sections 37, 38 and 38A" there shall be substituted the words "sections 38 and 38A"; and

(b) for the words "section 17(3) of the Crime (Sentences) Act 1997 (committal for breach of conditions of release supervision order)" there shall be substituted the words "section 40(3)(b) of the [1991 c. 53.] Criminal Justice Act 1991 (committal for sentence for offence committed during currency of original sentence)".

(2) Subsection (6) of that section shall cease to have effect.

10 In subsection (5) of section 67 of that Act (computation of sentences of imprisonment or detention passed in England and Wales)--

(a) in paragraph (b), for the words "section 53(2)" there shall be substituted the words "section 53(3)"; and

(b) paragraph (c) shall cease to have effect.

11 At the end of subsection (2) of section 104 of that Act (general provisions as to interpretation) there shall be inserted the words " if--

(a) the sentences were passed on the same occasion; or

(b) where they were passed on different occasions, the person has not been released under Part II of the [1991 c. 53.] Criminal Justice Act 1991 at any time during the period beginning with the first and ending with the last of those occasions. "

Criminal Appeal Act 1968 (c. 19)

12 In subsection (2) of section 9 of the Criminal Appeal Act 1968 (appeal against sentence following conviction on indictment), after the words "for either way offence)" there shall be inserted the words "or paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998 (power of Crown Court to deal with summary offence where person sent for trial for indictable-only offence)".

13 (1) In subsection (2) of section 10 of that Act (appeal against sentence in other cases dealt with at Crown Court), the words "(other than a supervision order within the meaning of that Part)" shall cease to have effect.

(2) In subsection (3) of that section, after paragraph (c) there shall be inserted the following paragraph--

" (cc) where the court makes such an order with regard to him as is mentioned in section 40(3A) of the Criminal Justice Act 1991. "

Firearms Act 1968 (c. 27)

14 (1) In subsection (2) of section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), after the words "a secure training order" there shall be inserted the words "or a detention and training order".

(2) In subsection (2A) of that section, after paragraph (b) there shall be inserted the following paragraph--

" (c) in the case of a person who has been subject to a detention and training order--

(i) the date on which he is released from detention under the order;

(ii) the date on which he is released from detention ordered under section 77 of the Crime and Disorder Act 1998; or

(iii) the date of the half-way point of the term of the order,

whichever is the later. "

15 In subsection (1) of section 52 of that Act (forfeiture and disposal of firearms), for the words "secure training order" there shall be substituted the words "detention and training order".

Children and Young Persons Act 1969 (c. 54)

16 In subsection (8) of section 7 of the 1969 Act (alterations in treatment of young offenders etc.), for the words from "person guilty" to "were begun" there shall be substituted the words "child or young person guilty of an offence".

17 In section 11 of the 1969 Act (supervision orders), for the words "a local authority designated by the order or of a probation officer" there shall be substituted the following paragraphs--

" (a) a local authority designated by the order;

(b) a probation officer; or

18 Section 12D of the 1969 Act (duty of court to state in certain cases that requirement in place of custodial sentence) shall cease to have effect.

19 After subsection (3) of section 13 of the 1969 Act (selection of supervisor) there shall be inserted the following subsection--

" (4) Where a provision of a supervision order places a person under the supervision of a member of a youth offending team, the supervisor shall be a member of a team established by the local authority within whose area it appears to the court that the supervised person resides or will reside. "

20 (1) In subsection (8) of section 16 of the 1969 Act (provisions supplementary to section 15), after the words "under the preceding section" there shall be inserted the words "by a relevant court (within the meaning of that section)".

(2) Subsection (10) of that section shall cease to have effect.

21 After section 16A of the 1969 Act there shall be inserted the following section--

" 16B Application of section 12 of Criminal Justice Act 1991 etc

(1) The provisions of section 12 of the Criminal Justice Act 1991 (curfew orders) shall apply for the purposes of section 15(3)(a) of this Act but as if--

(a) in subsection (1), for the words from the beginning to "before which he is convicted" there were substituted the words "Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of section 15(3)(a) of the Children and Young Persons Act 1969, the court"; and

(b) in subsection (8), for the words "on conviction" there were substituted the words "on the date on which his failure to comply with a requirement included in the supervision order was proved to the court".

(2) Schedule 2 to the [1991 c. 53.] Criminal Justice Act 1991 (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that section but as if--

(a) the power conferred on the magistrates' court by each of paragraphs 3(1)(d) and 7(2)(a)(ii) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;

(b) the power conferred on the Crown Court by paragraph 4(1)(d) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;

(c) the reference in paragraph 7(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and

(d) the power conferred on the Crown Court by paragraph 8(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court (if that order was made by a magistrates' court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.

(3) For the purposes of the provisions mentioned in subsection (2)(a) and (d) above, as applied by that subsection, if the supervision order is no longer in force the relevant court's powers shall be determined on the assumption that it is still in force.

(4) In this section "relevant court" has the same meaning as in section 15 above. "

22 In subsection (14) of section 23 of the 1969 Act (remands and committals to local authority accommodation), paragraph (a) shall cease to have effect.

23 In subsection (1) of section 70 of the 1969 Act (interpretation), after the definition of "young person" there shall be inserted the following definition--

" "youth offending team" means a team established under section 39 of the Crime and Disorder Act 1998. "

Superannuation Act 1972 (c. 11)

24 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply), at the end of the list of "Other Bodies" there shall be inserted the following entry-- " Youth Justice Board for England and Wales. "

Powers of Criminal Courts Act 1973 (c. 62)

25 After subsection (1) of section 1A of the 1973 Act (absolute and conditional discharge) there shall be inserted the following subsection--

" (1A) Subsection (1)(b) above has effect subject to section 66(4) of the Crime and Disorder Act 1998 (effect of reprimands and warnings). "

26 (1) In subsection (1) of section 2 of the 1973 Act (probation orders), the words "by a probation officer" shall cease to have effect and for the words "the supervision of a probation officer" there shall be substituted the word "supervision".

(2) In subsection (2) of that section, for the words "a probation officer appointed for or assigned to that area" there shall be substituted the following paragraphs--

" (a) a probation officer appointed for or assigned to that area; or

(b) where the offender is under the age of 18 years when the order is made, a member of a youth offending team established by a local authority specified in the order. "

(3) After that subsection there shall be inserted the following subsection--

" (2A) The local authority specified as mentioned in subsection (2)(b) above shall be the local authority within whose area it appears to the court that the offender resides or will reside. "

(4) In subsection (4) of that section, for the words "the probation officer" there shall be substituted the words "the person".

(5) After that subsection there shall be inserted the following subsection--

" (4A) In the case of an offender under the age of 18 years, the reference in subsection (4) above to a probation officer includes a reference to a member of a youth offending team. "

(6) In subsection (6) of that section--

(a) for the words "the probation officer" there shall be substituted the words "the person"; and

(b) for the words "that officer" there shall be substituted the words "that person".

27 (1) In subsection (4) of section 14 of the 1973 Act (community service orders), for the words from "a probation officer" to the end there shall be substituted the following paragraphs--

" (a) a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of Part IV of Schedule 2 to the [1991 c. 53.] Criminal Justice Act 1991);

(b) a person appointed for the purposes of those provisions by the probation committee for that area; or

(c) in the case of an offender under the age of 18 years when the order is made, a member of a youth offending team established by a local authority for the time being specified in the order (whether under this subsection or by virtue of that Part). "

(2) After that subsection there shall be inserted the following subsection--

" (4A) The local authority specified as mentioned in subsection (4)(c) above shall be the local authority within whose area it appears to the court that the offender resides or will reside. "

(3) After subsection (8) of that section there shall be inserted the following subsection--

" (9) In the case of an offender under the age of 18 years, references in subsections (2), (5)(c) or (6) above to a probation officer include references to a member of a youth offending team. "

28 In subsection (2) of section 21 of the 1973 Act (restriction on imposing sentences of imprisonment etc. on persons not legally represented)--

(a) after the words "sentence or trial," there shall be inserted the words "or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998,"; and

(b) for the words "which committed him" there shall be substituted the words "which committed or sent him".

29 In subsection (1)(b) of section 32 of the 1973 Act (enforcement etc. of fines imposed and recognizances forfeited by Crown Court), after the words "or dealt with" there shall be inserted the words ", or by which he was sent to that Court for trial under section 51 of the Crime and Disorder Act 1998".

30 After subsection (2) of section 23 of the 1973 Act (power of court on conviction of further offence to deal with suspended sentence) there shall be inserted the following subsection--

" (2A) The power to make an order under subsection (2) above has effect subject to section 102 of the Crime and Disorder Act 1998. "

31 In section 42 of the 1973 Act (power of Crown Court on committal for sentence), subsection (2) shall cease to have effect.

32 In subsection (1) of section 46 of the 1973 Act (reports of probation officers), after the words "probation officer" there shall be inserted the words "or a member of a youth offending team".

33 In subsection (1) of section 57 of the 1973 Act (interpretation), after the definition of "suspended sentence" there shall be inserted the following definition--

" "youth offending team" means a team established under section 39 of the Crime and Disorder Act 1998. "

34 (1) At the beginning of sub-paragraph (1) of paragraph 6 (requirements as to drug or alcohol dependency) of Schedule 1A to the 1973 Act there shall be inserted the words "Subject to sub-paragraph (1A) below,".

(2) After that sub-paragraph there shall be inserted the following sub-paragraph--

" (1A) If the court has been notified by the Secretary of State that arrangements for implementing orders under section 61 of the Crime and Disorder Act 1998 (drug treatment and testing orders) are available in the area proposed to be specified in the probation order, and the notice has not been withdrawn, this paragraph shall have effect as if the words "drugs or", in each place where they occur, were omitted. "

(3) After that paragraph there shall be inserted the following paragraph--

" Interpretation

7 In the case of an offender under the age of 18 years, references in this Schedule to a probation officer include references to a member of a youth offending team. "

Rehabilitation of Offenders Act 1974 (c. 53)

35 After subsection (6) of section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences) there shall be inserted the following subsection--

" (6A) Where in respect of a conviction a detention and training order was made under section 73 of the Crime and Disorder Act 1998, the rehabilitation period applicable to the sentence shall be--

(a) in the case of a person aged fifteen years or over at the date of his conviction, five years if the order was, and three and a half years if the order was not, for a term exceeding six months;

(b) in the case of a person aged under fifteen years at the date of his conviction, a period beginning with that date and ending one year after the date on which the order ceases to have effect. "

36 In subsection (2) of section 7 of that Act (limitations on rehabilitation under Act etc.), after paragraph (b) there shall be inserted the following paragraph--

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