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

(The document as of February, 2008)

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Accounts

17 (1) A local probation board must--

(a) keep proper accounts and proper records in relation to the accounts,

(b) prepare in respect of each financial year of the board a statement of accounts.

(2) The Comptroller and Auditor General may examine any accounts of a local probation board, any records relating to the accounts and any auditor's report on them.

(3) In the [1998 c. 18.] Audit Commission Act 1998--

(a) in section 11(2) (consideration of reports and recommendations), for paragraph (f) there is substituted--

" (f) local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 " ,

(b) in Schedule 2 (accounts subject to audit), for paragraph 1(p) there is substituted--

" (p) a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 " .

(4) The Secretary of State must prepare in respect of each financial year consolidated accounts of the local probation boards and send them, not later than the time specified in directions given by the Treasury, to the Comptroller and Auditor General.

(5) The Comptroller and Auditor General must examine and certify the consolidated accounts and lay copies of them, together with his report on them, before the House of Commons.

Complaints

18 Regulations may require each local probation board to make and publicise arrangements for dealing with complaints made by or on behalf of prescribed persons in relation to things done under the arrangements made by the board under section 5.

Status

19 A local probation board is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.

Interpretation

20 "Financial year", in this Schedule, means--

(a) the period beginning with the date on which the local probation board is established and ending with the next following 31st March, and

(b) each successive period of twelve months.

Section 11.

SCHEDULE 2 Children and Family Court Advisory and Support Service

Constitution

1 The Service is to consist of a chairman, and not less than ten other members, appointed by the Lord Chancellor.

2 (1) Regulations may provide--

(a) for the appointment of the chairman and other members and for the co-option by the Service for particular purposes of additional members (including the number, or limits on the number, of persons who may be appointed or co-opted and any conditions to be fulfilled for appointment or co-option),

(b) for the tenure of office of the chairman and other members and any co-opted members (including the circumstances in which they cease to hold office or may be removed or suspended from office).

(2) References below in this Schedule to members of the Service do not include co-opted members.

Remuneration etc. of members

3 (1) The Service may pay, or make provision for paying, to or in respect of any person who is or has been the chairman or another member--

(a) any remuneration, fees or expenses,

(b) any pension, allowance or gratuity,

determined by the Lord Chancellor.

(2) The Service may, to any extent determined by the Lord Chancellor, reimburse any co-opted members for any expenses or loss of earnings.

(3) Where a person ceases to be chairman or another member of the Service otherwise than on the expiry of his term of office and it appears to the Lord Chancellor that there are circumstances which make it right for that person to receive compensation, the Service may pay that person an amount determined by the Lord Chancellor.

Procedure

4 Regulations may provide for--

(a) the establishment and functions of committees (including committees which include persons who are not the chairman or another member of the Service),

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

Staff and other officers

5 (1) The Service may appoint--

(a) staff to perform the functions of officers of the Service, and

(b) other staff.

(2) Regulations may make provision as to the qualifications, experience or training to be required of officers of the Service (whether or not appointed under sub-paragraph (1)(a)).

(3) One of the staff appointed under sub-paragraph (1)(b) is to be the chief executive.

(4) The Service must not appoint a person--

(a) as chief executive, or

(b) as a member of the staff of a description specified in a direction given by the Lord Chancellor,

without the approval of the Lord Chancellor.

6 (1) Staff of the Service are to be appointed on terms and conditions determined by the Service as to--

(a) any remuneration, fees or expenses,

(b) any pension, allowance or gratuity.

(2) It is for the Service to determine the terms and conditions of any arrangements under section 13(4) under which individuals perform the functions of officers of the Service.

(3) But a determination under this paragraph requires the approval of the Lord Chancellor.

Delegation

7 The Service may arrange for the chairman or any other member to discharge functions of the Service on its behalf.

Payments to the Service

8 (1) The Lord Chancellor may, at any time, pay to the Service any amount he considers appropriate.

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

Supervision

9 (1) Functions and other powers of the Service, and functions of any officer of the Service, must be performed in accordance with any directions given by the Lord Chancellor.

(2) In particular, the directions may make provision for the purpose of ensuring that the services provided are of appropriate quality and meet appropriate standards.

(3) The Service must provide the Lord Chancellor with any information relating to the performance of its functions which he may from time to time require.

Ancillary powers

10 (1) Subject to any directions given by the Lord Chancellor, the Service 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 land and other property,

(b) entering into contracts,

(d) accepting gifts.

(3) But the Service may not borrow money, whether by way of overdraft or otherwise, without the approval of the Lord Chancellor.

Directions

11 (1) Different directions may be given under this Schedule for different purposes.

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

Reports and accounts

12 (1) The Service must make a report to the Lord Chancellor in respect of each financial year on the performance of its functions.

(2) The Lord Chancellor may give directions as to--

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

(b) the time by which the report is to be given.

(3) The Lord Chancellor must--

(a) lay a copy of the report before each House of Parliament,

(b) arrange for the report to be published in a manner he considers appropriate.

13 (1) The Service must--

(a) keep proper accounts and proper records in relation to the accounts,

(b) prepare in respect of each financial year of the Service a statement of accounts, and

(c) send copies of the statement to the Lord Chancellor and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The statement of accounts must comply with any directions given by the Lord Chancellor as to--

(a) the information to be contained in it,

(b) the manner in which the information contained in it is to be presented,

and must contain any additional information the Lord Chancellor may require to be provided for the information of Parliament.

(3) The Service must, in accordance with directions given by the Lord Chancellor--

(a) appoint an auditor who is not a member of the Service's staff, and

(b) ensure that the auditor makes a report to the Lord Chancellor about the preparation of the accounts and about the statement of accounts.

(4) The Comptroller and Auditor General must examine, certify and report on the statement of accounts and must lay copies of the statement and of his report before each House of Parliament.

14 "Financial year", in this Schedule, means--

(a) the period beginning with the date on which the Service is established and ending with the next following 31st March, and

(b) each successive period of twelve months.

Complaints

15 The Service must make and publicise a scheme for dealing with complaints made by or on behalf of prescribed persons in relation to the performance by the Service and its officers of their functions.

Status

16 The Service is not to be regarded as the servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown; and its property is not to be regarded as property of, or property held on behalf of, the Crown.

General

17 In Schedule 2 to the [1967 c. 13.] Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), at the appropriate place there is inserted--

" Children and Family Court Advisory and Support Service. "

18 (1) Employment with the Service shall be included in the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply.

(2) The Service must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

19 In Part II of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place there is inserted--

" The Children and Family Court Advisory and Support Service "

Section 19.

SCHEDULE 3 Transfer of property

1 A scheme may, in particular--

(a) provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of the scheme,

(b) provide for any property, liabilities or conditions to be determined under the scheme.

2 (1) A scheme is to have effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.

(2) A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of property by virtue of the scheme.

(3) In the case of such a transfer, any such right is to have effect as if the transferee were the same person in law as the transferor and as if no transfer of the property had taken place.

3 (1) Such compensation as is just is to be paid to any person in respect of any right which would, apart from paragraph 2, have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.

(2) Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor or by the transferee or by both.

(3) A scheme may provide for the determination of any disputes as to whether and, if so, how much, compensation is payable by virtue of sub-paragraph (1) and as to the person to whom or by whom it is to be paid.

4 Paragraphs 2 and 3 apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.

5 A certificate issued by the appropriate Minister that any property or liability has, or has not, been transferred by virtue of a scheme is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.

Section 26.

SCHEDULE 4 Meaning of "offence against a child"

1 The offences mentioned in paragraph (a) of subsection (1) of section 26 are--

(a) an offence under section 1 of the [1933 c. 12.] Children and Young Persons Act 1933 (cruelty to children),

(b) an offence under section 1 of the [1938 c. 36.] Infanticide Act 1938 (infanticide),

(d) an offence under section 6 of that Act (intercourse with a girl under 16),

(e) an offence under section 19 or 20 of that Act (abduction of girl under 18 or 16),

(f) an offence under section 25 or 26 of that Act (permitting girl under 13, or between 13 and 16, to use premises for intercourse),

(g) an offence under section 28 of that Act (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16),

(h) an offence under section 1 of the [1960 c. 33.] Indecency with Children Act 1960 (indecent conduct towards young child),

(i) an offence under section 54 of the [1977 c. 45.] Criminal Law Act 1977 (inciting girl under sixteen to incest),

(j) an offence under section 1 of the [1978 c. 37.] Protection of Children Act 1978 (indecent photographs of children),

(k) an offence under section 1 of the [1984 c. 37.] Child Abduction Act 1984 (abduction of child by parent),

(l) an offence under section 160 of the [1988 c. 33.] Criminal Justice Act 1988 (possession of indecent photograph of child),

(m) an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

2 The offences mentioned in paragraph (b) of that subsection are--

(a) murder,

(b) manslaughter,

(d) false imprisonment,

(e) an offence under section 18 or 20 of the Offences against the [1861 c. 100.] Person Act 1861 (wounding and causing grievous bodily harm),

(f) an offence under section 47 of that Act (assault occasioning actual bodily harm),

(g) an offence under section 1 of the [1956 c. 69.] Sexual Offences Act 1956 (rape),

(h) an offence under section 2 or 3 of that Act (procurement of woman by threats or false pretences),

(i) an offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse),

(j) an offence under section 14 or 15 of that Act (indecent assault),

(k) an offence under section 16 of that Act (assault with intent to commit buggery),

(l) an offence under section 17 of that Act (abduction of woman by force or for the sake of her property),

(m) an offence under section 24 of that Act (detention of woman in brothel or other premises).

3 A person falls within this paragraph if--

(a) he commits an offence under section 16 of the Offences against the [1861 c. 100.] Person Act 1861 (threats to kill) by making a threat to kill a child,

(b) he commits an offence under section 7 of the [1956 c. 69.] Sexual Offences Act 1956 (intercourse with defective) by having sexual intercourse with a child,

(c) he commits an offence under section 9 of that Act (procurement of defective) by procuring a child to have sexual intercourse,

(d) he commits an offence under section 10 of that Act (incest by a man) by having sexual intercourse with a child,

(e) she commits an offence under section 11 of that Act (incest by a woman) by allowing a child to have sexual intercourse with her,

(f) he commits an offence under section 12 of that Act by committing buggery with a child under the age of 16,

(g) he commits an offence under section 13 of that Act by committing an act of gross indecency with a child,

(h) he commits an offence under section 21 of that Act (abduction of defective from parent or guardian) by taking a child out of the possession of her parent or guardian,

(i) he commits an offence under section 22 of that Act (causing prostitution of women) in relation to a child,

(j) he commits an offence under section 23 of that Act (procuration of girl under 21) by procuring a child to have sexual intercourse with a third person,

(k) he commits an offence under section 27 of that Act (permitting defective to use premises for intercourse) by inducing or suffering a child to resort to or be on premises for the purpose of having sexual intercourse,

(l) he commits an offence under section 29 of that Act (causing or encouraging prostitution of defective) by causing or encouraging the prostitution of a child,

(m) he commits an offence under section 30 of that Act (man living on earnings of prostitution) in a case where the prostitute is a child,

(n) she commits an offence under section 31 of that Act (woman exercising control over prostitute) in a case where the prostitute is a child,

(o) he commits an offence under section 128 of the [1959 c. 72.] Mental Health Act 1959 (sexual intercourse with patients) by having sexual intercourse with a child,

(p) he commits an offence under section 4 of the [1967 c. 60.] Sexual Offences Act 1967 (procuring others to commit homosexual acts) by--

(i) procuring a child to commit an act of buggery with any person, or

(ii) procuring any person to commit an act of buggery with a child,

(q) he commits an offence under section 5 of that Act (living on earnings of male prostitution) by living wholly or in part on the earnings of prostitution of a child,

(r) he commits an offence under section 9(1)(a) of the [1968 c. 60.] Theft Act 1968 (burglary), by entering a building or part of a building with intent to rape a child,

(s) he commits an offence under section 4(3) of the [1971 c. 38.] Misuse of Drugs Act 1971 by--

(i) supplying or offering to supply a Class A drug to a child,

(ii) being concerned in the supplying of such a drug to a child, or

(iii) being concerned in the making to a child of an offer to supply such a drug,

(t) he commits an offence of--

(i) aiding, abetting, counselling, procuring or inciting the commission of an offence against a child, or

(ii) conspiring or attempting to commit such an offence.

Section 66.

SCHEDULE 5 Amendments of the Sex Offenders Act 1997

Introductory

1 (1) The [1997 c. 51.] Sex Offenders Act 1997 is amended as follows.

(2) In this Schedule--

(a) "commencement", in relation to any paragraph, means the coming into force of that paragraph,

(b) "relevant date" has the same meaning as in Part I of that Act.

Period and place for giving notification

2 (1) In section 2 (effect of notification requirements), in subsection (1), for "14 days" there is substituted "three days".

(2) For subsection (5) of that section there is substituted--

" (5) A person may give a notification under this section by--

(a) attending at any police station in his local police area, and

(b) giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station,

and a notification under subsection (2) above may also be given by sending a written notification to any such police station " .

(3) This paragraph applies in relation to any person--

(a) whose relevant date falls after commencement, or

(b) whose relevant date falls before commencement but in whose case the period mentioned in subsection (1) of that section has not begun.

Additional requirements on giving notification

3 After subsection (6) of that section there is inserted--

" (6A) A person giving a notification under subsection (1) above shall also, if requested to do so by the police officer or other person referred to in subsection (5)(b) above, allow the officer or person to take his fingerprints and his photograph, or either of them.

(6B) The power to take fingerprints in pursuance of subsection (6A) above is exercisable for the purpose of verifying the identity of the person giving the notification by checking the fingerprints against any other fingerprints to which the officer or person has access.

(6C) In relation to persons subject to the notification requirements of this Part, or any description of such persons, the Secretary of State may by regulations provide for subsection (5)(a) above to have effect as if for the reference to any police station in a person's local police area there were substituted a reference to a police station or police stations prescribed by the regulations.

The power to make regulations under this subsection is exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

Notice of intention to leave or return to the UK

4 Before subsection (7) of that section there is inserted--

" (6D) In relation to persons subject to the notification requirements of this Part who leave the United Kingdom, or any description of such persons, the Secretary of State may by regulations make provision for requiring them--

(a) to give in accordance with the regulations, before they leave, a notice under subsection (6E) below, and

(b) if they subsequently return to the United Kingdom, to give in accordance with the regulations a notice under subsection (6F) below.

(6E) A notice under this subsection must disclose--

(a) the date on which he will leave the United Kingdom, the country to which he will travel (or, if there is more than one, the first country) and his point of arrival, determined in accordance with the regulations, in that country,

(b) any other information prescribed by the regulations which the person holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.

In this subsection, "country" includes territory.

(6F) A notice under this subsection must disclose any information prescribed by the regulations about the person's return to the United Kingdom.

(6G) The power to make regulations under subsections (6D) to (6F) above is exercisable by statutory instrument, and no such regulations shall be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. "

Penalties

5 (1) In section 3 (offences), in subsection (1), for the words following paragraph (b) there is substituted--

" he is guilty of an offence.

(1A) A person guilty of an offence under subsection (1) above is liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both,

(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.

(1B) If without reasonable excuse--

(a) a person fails to comply with section 2(6A) above, or

(b) a person fails to comply with any requirement imposed by virtue of section 2(6D) above to give a notice, or gives a notice which does not disclose the required information or which discloses information which he knows to be false,

he is guilty of an offence and liable as mentioned in subsection (1A) above. "

(2) This paragraph applies where the act constituting the offence in question occurs after commencement.

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