Criminal Justice and Courts Services Act 2000 (c. 43)

(The document as of February, 2008)

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(3) A person falls within this subsection if--

(a) he is convicted by a court in England or Wales of a sexual or violent offence (within the meaning of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000), and

(b) one of the following sentences is imposed on him in respect of the conviction--

(i) a sentence of imprisonment for a term of 12 months or more,

(ii) a sentence of detention in a young offender institution for a term of 12 months or more,

(iii) a sentence of detention during Her Majesty's pleasure,

(iv) a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences),

(v) a detention and training order for a term of 12 months or more, or

(vi) a hospital or guardianship order within the meaning of the [1983 c. 20.] Mental Health Act 1983.

(4) A person falls within this subsection if--

(a) he is found not guilty by a court in England or Wales of a sexual or violent offence (within the meaning of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000) by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and

(b) one of the following orders is made in respect of the act charged against him as the offence--

(i) an order that he be admitted to hospital, or

(ii) a guardianship order within the meaning of the [1983 c. 20.] Mental Health Act 1983.

(5) A person falls within this subsection if the first condition set out in section 28(2) or 29(2) or the second condition set out in section 28(3) or 29(3) is satisfied in his case.

(6) In this section "court" does not include a court-martial or the Courts-Martial Appeal Court.

69 Duties of local probation boards in connection with victims of certain offences

(1) This section applies in a case where a court--

(a) convicts an offender of a sexual or violent offence, and

(b) imposes a relevant sentence on him in respect of that conviction.

(2) In cases where this section applies, the local probation board for the area in which the offender is sentenced must take all reasonable steps to ascertain whether any appropriate person wishes to--

(a) make representations about whether the offender should be subject to any conditions or requirements on his release and, if so, what conditions or requirements, or

(b) receive information about any conditions or requirements to which the offender is to be subject on his release.

(3) In this section, "appropriate person", in relation to an offence, means any person who appears to the local probation board in question to be, or to act for, the victim of the offence ("the victim").

(4) Where it is ascertained that an appropriate person wishes to make representations in accordance with paragraph (a) of subsection (2), the relevant local probation board must forward those representations to the person responsible for determining the matters mentioned in that paragraph.

(5) Where it is ascertained that an appropriate person wishes to receive information in accordance with subsection (2)(b), the relevant local probation board must take all reasonable steps--

(a) to inform that person whether or not the offender is to be subject to any conditions or requirements on his release,

(b) if the offender is to be subject to any such conditions or requirements, to provide that person with details of any conditions or requirements which relate to contact with the victim or his family, and

(c) to provide that person with such other information as is considered by that local probation board to be appropriate in all the circumstances of the case.

(6) For the purposes of subsections (4) and (5), "relevant local probation board" means--

(a) where the offender is to be supervised on release by an officer of a local probation board, that local probation board,

(b) in any other case, the local probation board for the area in which the prison or other place of detention from which the offender is to be released is situated.

(7) In this section--

"conditions" means conditions in a licence,
"court" does not include a court-martial or the Courts-Martial Appeal Court,
"relevant sentence" means--
(a)
a sentence of imprisonment for a term of 12 months or more,
(b)
a sentence of detention in a young offender institution for a term of 12 months or more,
(c)
a sentence of detention during Her Majesty's pleasure,
(d)
a sentence of detention for a period of 12 months or more under section 91 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), or
(e)
a detention and training order for a term of 12 months or more,
"requirements" means requirements specified in a notice under section 65(5) of the [1991 c. 53.] Criminal Justice Act 1991 (requirements imposed in connection with supervision of young offenders after release).

(8) An offence is a sexual or violent offence for the purposes of this section if it is--

(a) a sexual or violent offence within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000,

(b) an offence in respect of which the offender is subject to the notification requirements of Part I of the [1997 c. 51.] Sex Offenders Act 1997, or

(9) This section has effect in relation to cases where the relevant sentence is imposed after the section comes into force.

Chapter III Supplementary

70 Interpretation, etc

(1) In this Part--

"Class A drug" has the same meaning as in the [1971 c. 38.] Misuse of Drugs Act 1971,
"specified", in relation to a Class A drug, means specified by an order made by the Secretary of State,
"trigger offence" has the meaning given by Schedule 6.

(2) The Secretary of State may by order amend Schedule 6 so as to add, modify or omit any description of offence.

(3) In this Part (except in section 69), references to release include temporary release.

(4) In section 163 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate places there are inserted--

" "specified Class A drug" has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000 " ,

" "trigger offence" has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000 " .

(5) Section 53 does not apply in relation to any community order made before that section comes into force.

Part IV General and supplementary

Chapter I General

71 Access to driver licensing records

(1) The Secretary of State may make any information held by him for the purposes of Part III of the [1988 c. 52.] Road Traffic Act 1988 available to the Police Information Technology Organisation for use by constables.

(2) In respect of any information made available to the Organisation under subsection (1), the Secretary of State may by regulations--

(a) determine the purposes for which constables may be given access to the information,

(b) determine the circumstances in which any of the information to which they have been given access may be further disclosed by them.

(3) Before making any regulations applying in respect of constables in police forces in Scotland, the Secretary of State must, to the extent to which the regulations will so apply, consult the Scottish Ministers.

(4) In this section, "information" means information held in any form.

(5) Section 105(2)(b) of that Act (power by regulations to make particulars with respect to persons who are disqualified etc. available for use by the police) is to cease to have effect.

72 Failure to secure regular attendance at school

(1) In section 444 of the [1996 c. 56.] Education Act 1996 (failure to secure regular attendance at school)--

(a) after subsection (1) there is inserted--

" (1A) If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails without reasonable justification to cause him to do so, he is guilty of an offence. " ,

(b) in subsection (8), for "this section" there is substituted "subsection (1)",

" (8A) A person guilty of an offence under subsection (1A) is liable on summary conviction--

(a) to a fine not exceeding level 4 on the standard scale, or

(b) to imprisonment for a term not exceeding three months,

or both.

(8B) If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence. "

(2) This section does not apply to an offence committed before the section comes into force.

73 Parenting orders: responsible officer

In section 8(8) of the [1998 c. 37.] Crime and Disorder Act 1998 (parenting orders: persons who may be specified as the responsible officer), after paragraph (b) there is inserted--

" (bb) a person nominated by a person appointed as chief education officer under section 532 of the [1996 c. 56.] Education Act 1996 " .

74 Amendments

Schedule 7 (which makes minor and consequential amendments) is to have effect.

75 Repeals

The enactments specified in Schedule 8 are repealed to the extent specified.

Chapter II Supplementary

76 Subordinate legislation

(1) This section applies to any power conferred by this Act on the Lord Chancellor or the Secretary of State to make regulations, rules or an order.

(2) The power, unless it is a power to make an order under section 19, 20 or 23, shall be exercisable by statutory instrument.

(3) The power may be exercised so as to make different provision for different purposes or different areas.

(4) The power includes power to make--

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which the Minister exercising the power considers necessary or expedient.

(5) An order--

(a) making any provision by virtue of section 10, 26(2), 36(15), 57(5) or 70(2), or

(b) making any provision by virtue of section 77(2) which adds to, replaces or omits any part of the text of an Act,

may only be made if a draft of the statutory instrument containing the order has been laid before and approved by resolution of each House of Parliament.

(6) Any other statutory instrument made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) does not apply to a statutory instrument containing an order--

(a) revoking an order made by virtue of section 10, or

(b) made by virtue only of section 80.

77 Supplementary and consequential provision, etc

(1) The Lord Chancellor or the Secretary of State may by order make--

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

78 General interpretation

(1) In this Act--

"community order" has the meaning given by section 33 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000,
"enactment" includes an enactment contained in subordinate legislation,
"functions" includes powers and duties,
"local probation board" has the meaning given by section 4,
"subordinate legislation" has the same meaning as in the [1978 c. 30.] Interpretation Act 1978.

(2) In this Act, "enactment" means an enactment whenever passed or made; but in this Part it means--

(a) an Act passed before, or in the same Session as, this Act, and

(b) subordinate legislation made before the passing of this Act.

79 Expenses

There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act,

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

80 Commencement

(1) This Act shall come into force on such day as the Lord Chancellor or the Secretary of State may by order appoint.

(2) Different days may be appointed under this section for different purposes and different areas.

(3) Subsection (1) does not apply to--

(a) sections 19 to 22,

(b) section 60,

(d) in Schedule 7, paragraphs 15(1)(e) and (2), 18(3)(c)(i) and (4), 22(1)(e) and (2), 25(3)(c)(i) and (4), 29(1)(e) and (2), 32(3)(c)(i) and (4), 135 to 138, 142, 144 to 148 and 203(3) and (4),

(e) the repeals mentioned in the note to Schedule 8.

81 Extent

(1) Subject to the following provisions, this Act extends to England and Wales only.

(2) Subsection (1) does not apply to--

(a) sections 26 to 33, so far as they relate to the making of orders by, or orders made by, courts-martial or the Courts-Martial Appeal Court,

(b) section 60, and paragraphs 135 to 138, 142 and 144 to 148 of Schedule 7, so far as they relate to sentences passed by a court-martial,

(d) section 66 and Schedule 5,

(e) section 71,

(f) this Chapter,

(g) paragraphs 17 and 19 of Schedule 2,

(h) any amendment by Schedule 7 of the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957,

(i) paragraph 159 of Schedule 7.

(3) Sections 35, 36 and 41 extend to England and Wales and Northern Ireland.

(4) Section 40 extends to Northern Ireland only.

(5) The amendment or repeal by Schedule 7 or 8 of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

(6) For the purposes of the [1998 c. 46.] Scotland Act 1998, any provision of section 66 and Schedule 5 and, so far as relating to those provisions and extending to Scotland, any provision of this Chapter is to be taken to be a pre-commencement enactment within the meaning of that Act.

82 Short title

This Act may be cited as the Criminal Justice and Court Services Act 2000.

SCHEDULES

Section 4.

SCHEDULE 1 Local probation boards

Constitution

1 A local probation board shall be a body corporate.

2 (1) A local probation board is to consist of a chairman, a chief officer and not less than five other members.

(2) One of the other members is to be appointed by the Lord Chancellor from among the judges of the Crown Court (being a judge of the High Court, a Circuit judge or a Recorder).

(3) The chairman, the chief officer and the other members are to be appointed by the Secretary of State.

(4) Regulations may make provision as to their appointment (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment as a member).

(5) Regulations made by virtue of sub-paragraph (4) and coming into force on or after the coming into force of section 4 must make provision--

(a) for the selection procedure for the chairman, the chief officer and the other members of the board who are to be appointed by the Secretary of State to include selection panels,

(b) in the case of the chief officer, for the board to be represented on any selection panel making a final recommendation to the Secretary of State.

(6) Regulations must provide, so far as it is practicable to do so, for the persons appointed to be representative of the local community in the board's area and to live or work (or to have lived or worked) in that area.

(7) Below in this Schedule, "member" includes the chairman and chief officer (where the context allows).

Tenure of members

3 (1) A person is to hold and vacate office as a member in accordance with the terms of the instrument appointing him.

(2) A person may at any time resign office as a member by giving written notice to the Secretary of State or, as the case may be, the Lord Chancellor.

(3) The Secretary of State or, as the case may be, the Lord Chancellor may remove a member from office by giving written notice to him.

(4) Regulations may make provision as to the tenure of office of the members (including the circumstances in which they cease to hold office or may be removed or suspended from office).

(5) The chief officer is to be treated for the purposes of the [1996 c. 18.] Employment Rights Act 1996 as if he were in Crown employment (within the meaning of that Act).

(6) Sub-paragraphs (1) to (3) have effect subject to sub-paragraph (5) and any regulations made by virtue of sub-paragraph (4).

Chairman's report

4 Regulations may require the chairman to make a report to the Secretary of State about the performance of the other members, or any of them, and may confer other functions on the chairman.

Remuneration etc.

5 (1) It is for the Secretary of State to pay, or make provision for paying, to or in respect of any person who is or has been a member--

(a) any remuneration, fees or expenses,

(b) any pension, allowance or gratuity,

determined by him.

(2) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as a member otherwise than on the expiration of his term of office to receive compensation, the Secretary of State may pay an amount of compensation determined by him to that person.

Procedure

6 Regulations may provide for--

(a) the establishment and functions of committees and sub-committees (including committees and sub-committees which consist of or include persons who are not members),

(b) the procedure of the boards and of any committees or sub-committees of the boards (including quorum and the validation of proceedings in the event of vacancies or defects in appointment).

Secretary and Treasurer

7 Regulations shall provide--

(a) for each local probation board to appoint a secretary or treasurer (including the conditions to be fulfilled for appointment),

(b) for the tenure of office of a secretary or treasurer so appointed (including the circumstances in which he ceases to hold office or may be removed or suspended from office).

Staff

8 (1) A local probation board may appoint staff on terms and conditions determined by the local probation board as to--

(a) any remuneration, fees or expenses,

(b) any pension, allowance or gratuity.

(2) But--

(a) a determination under this paragraph requires the approval of the Secretary of State,

(b) the Secretary of State may give directions as to the appointment of staff of a description specified in the directions,

Delegation of functions

9 A local probation board may arrange for a committee, sub-committee or member to discharge functions of the board.

10 Regulations may provide for prescribed functions or other powers of a local probation board to be exercised by the chief officer on behalf of the board.

Payments to boards

11 (1) The Secretary of State may pay to a local probation board any amount he considers appropriate.

(2) If he considers it appropriate, he may make any payment on conditions.

(3) The conditions may (among other things)--

(a) regulate the purposes for which the payment or any part of it may be used,

(b) require repayment to the Secretary of State in specified circumstances.

Supervision

12 (1) Functions and other powers of local probation boards must be performed in accordance with any directions given to them by the Secretary of State.

(2) A local probation board must provide the Secretary of State with any information relating to the performance of its functions or other powers which he may from time to time require.

Ancillary powers

13 (1) Subject to any directions given by the Secretary of State, a local probation board may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.

(2) That includes, in particular--

(a) holding property,

(b) entering into contracts,

(d) accepting gifts.

(3) But a local probation board--

(a) may not hold land (though it may manage it),

(b) may not borrow money, whether by way of overdraft or otherwise, without the approval of the Secretary of State.

(4) Approval under this paragraph may be either general or special.

Directions

14 (1) Different directions may be given under this Chapter for different purposes.

(2) Directions under this Chapter may be either general or special.

(3) Directions under this Chapter may apply in relation to local probation boards generally or in relation to one or more local probation boards identified in the directions.

Annual plan

15 (1) A local probation board must, before the beginning of each financial year--

(a) prepare a plan setting out how it intends to exercise its functions in that year, having regard to the circumstances prevailing in its area, and dealing with any other matter which the Secretary of State by directions requires it to deal with in respect of that year,

(b) send a copy of the plan to the Secretary of State.

(2) If the plan does not appear to the Secretary of State to be satisfactory, he may direct the local probation board to modify it.

Reports

16 (1) A local probation board must--

(a) make a report to the Secretary of State on the performance of its functions during each financial year, and

(b) arrange for the report to be published.

(2) The Secretary of State may give directions as to--

(a) the information to be given in the report and the form in which it is to be given,

(b) the time by which the report is to be made,

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