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

(The document as of February, 2008)

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

Restraining orders

6 (1) After section 5 there is inserted--

" 5A Restraining orders

(1) This section applies where--

(a) the Crown Court or the Court of Appeal imposes a sentence of imprisonment, or makes a hospital or guardianship order, in respect of a person convicted of a sexual offence to which this Part applies,

(b) the Crown Court or the Court of Appeal orders that a person who has been found not guilty of such an offence 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, be admitted to hospital or makes a guardianship order in respect of him,

(c) a youth court makes a detention and training order for a term of twelve months or more, or a hospital or guardianship order, in respect of a person convicted of such an offence,

(d) a youth court makes a hospital or guardianship order in respect of a person who has been found not guilty of such an offence 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.

(2) The court may make an order under this section in respect of the person ("the offender") if it is satisfied that it is necessary to do so in order to protect the public in general, or any particular members of the public, from serious harm from him.

(3) The order may prohibit the offender from doing anything described in the order.

(4) The order shall have effect for the period specified in it or until further order; and the offender shall not cease to be subject to the notification requirements of this Part while the order has effect.

(5) The offender may appeal against the order--

(a) where he was convicted of a sexual offence to which this Part applies, as if the order were a sentence passed on him for that offence,

(b) in a case within subsection (1)(b) or (d) above, as if he had been convicted of such an offence and the order were a sentence passed on him for that offence.

(6) The Crown Court or, in a case within subsection (1)(c) or (d) above, the youth court for the area in which the offender resides may, on the application of--

(a) the offender, or

(b) the chief officer of police, or the local probation board, for the area in which the offender resides,

vary or discharge the order.

(7) On the application the court may, after hearing the applicant, and the other persons mentioned in subsection (6) above (if they so wish), make any order under this section varying or discharging the previous order which the court considers appropriate.

(8) If without reasonable excuse the offender does anything which he is prohibited from doing by an order under this section, he is guilty of an offence.

(9) A person guilty of an offence under this section 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.

(10) In this section, "hospital order" has the same meaning as in the [1983 c. 20.] Mental Health Act 1983. "

(2) Sub-paragraph (1) has effect in relation to sexual offences to which Part I of the [1997 c. 51.] Sex Offenders Act 1997 applies where the acts constituting the offence occurred after commencement.

(3) In section 10 (short title etc.), after subsection (3) there is inserted--

" (3A) The Secretary of State may by order make any modifications of section 5A above which he considers necessary or expedient for the purpose of enabling courts in Northern Ireland to exercise the powers conferred by that section.

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

Information

7 After section 5A there is inserted--

" 5B Information about release or transfer

(1) This section applies to any person ("the offender") who--

(a) is subject to the notification requirements of this Part, and

(b) is serving a sentence of imprisonment or a term of service detention, or is detained in a hospital.

(2) The Secretary of State may by regulations require notice to be given by the person who is responsible for the offender to persons prescribed by the regulations of any occasion when the offender is released or a different person becomes responsible for him.

(3) The regulations may make provision for determining who is to be treated for the purposes of this section as responsible for an offender.

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

Supplementary

8 In section 6 (interpretation of Part I), after the definition of "guardianship order" there is inserted--

" "local probation board" has the same meaning as in the Criminal Justice and Court Services Act 2000 " .

9 At the end of section 10 there is inserted--

" (6) Any power to make regulations or an order under this Act may be exercised so as to make different provision for different purposes. "

Consequential

10 In section 4(4) (young sex offenders), for the words following "section" there is substituted "3(1A) above shall have effect as if, for paragraphs (a) and (b) there were substituted "on summary conviction to a fine not exceeding level 5 on the standard scale"".

Section 70.

SCHEDULE 6 Trigger offences

1 Offences under the following provisions of the [1968 c. 60.] Theft Act 1968 are trigger offences:

section 1 (theft)
section 8 (robbery)
section 9 (burglary)
section 10 (aggravated burglary)
section 12 (taking motor vehicle or other conveyance without authority)
section 12A (aggravated vehicle-taking)
section 15 (obtaining property by deception)
section 25 (going equipped for stealing, etc.)

2 Offences under the following provisions of the [1971 c. 38.] Misuse of Drugs Act 1971 are trigger offences, if committed in respect of a specified Class A drug:

section 4 (restriction on production and supply of controlled drugs)
section 5(2) (possession of controlled drug)
section 5(3) (possession of controlled drug with intent to supply)

Section 74.

SCHEDULE 7 Minor and consequential amendments

Part I New names

Community rehabilitation orders

1 (1) In the provisions of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 listed in sub-paragraph (2)--

(a) for "probation order" there is substituted "community rehabilitation order",

(b) for "probation orders" there is substituted "community rehabilitation orders".

(2) The provisions are--

sections 33(1)(b), 35(2) and 36(3)(a),
in section 41, subsections (3), (4), (6) to (9) and (11) and the sidenote and preceding cross-heading,
in section 42, subsections (1) to (3) and the sidenote,
section 43 and the sidenote,
section 44,
the sidenote to section 45,
sections 51(4)(a), 69(5)(b) and 79(3)(a),
in section 163, paragraph (b) of the definition of "responsible officer",
in Schedule 2--
- in paragraph 1, sub-paragraphs (1) to (3),
- in paragraph 2, sub-paragraphs (1), (2) and (5),
- in paragraph 3, sub-paragraphs (1) to (3), (7) and (8)(b),
- in paragraph 5, sub-paragraphs (1), (2), (4) to (7) and (8)(b),
- in paragraph 6, sub-paragraphs (1) to (3), (5) to (7) and (8)(b),
in Schedule 3, paragraphs 1(1)(b), 6(2)(a), 12(3) and 19(2),
in Schedule 4--
- in paragraph 1, sub-paragraphs (1) (in each place), (2), (3) (in both places) and (4) and the preceding cross-heading,
- in paragraph 2, sub-paragraphs (1) (in both places), (2) to (4) and the preceding cross-heading,
- paragraph 5(a),
- paragraph 6(4) (in both places).

Community punishment orders

2 (1) In the provisions of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 listed in sub-paragraph (2)--

(a) for "community service order" there is substituted "community punishment order",

(b) for "community service orders" there is substituted "community punishment orders".

(2) The provisions are--

section 33(1)(c),
in section 35, subsections (2) and (4),
section 36(3)(b),
in section 46, subsections (3), (4), (6), (8) to (11) and (13) and the sidenote and preceding cross-heading,
in section 47, subsections (1) and (3) and the sidenote,
section 48 and the sidenote,
section 49,
the sidenote to section 50,
section 51(4)(b),
in section 59, subsections (3)(b), (6) (in each place) and (8)(b) and the sidenote,
sections 69(5)(b) and 73(4)(b),
in section 163, paragraph (c) of the definition of "responsible officer",
in Schedule 3--
- paragraph 1(1)(c),
- in paragraph 7, sub-paragraphs (1), (2) and (3)(a),
- paragraphs 18(5) and 22(a),
in Schedule 4--
- in paragraph 3, sub-paragraphs (1) (in the first, second and third places), (2) (in the first and third places) and (3) (in the first place) and the preceding cross-heading,
- in paragraph 4, sub-paragraphs (1) (in both places), (2) and (3) (in the first place),
- paragraph 5(b),
- paragraph 6(4)(c).

Community punishment and rehabilitation orders

3 (1) In the provisions of the Powers of Criminal Courts (Sentencing) Act 2000 listed in sub-paragraph (2)--

(a) for "combination order" there is substituted "community punishment and rehabilitation order",

(b) for "combination orders" there is substituted "community punishment and rehabilitation orders".

(2) The provisions are--

sections 33(1)(d), 35(2) and 36(3)(c),
in section 51, subsections (3) to (6), and the sidenote and preceding cross-heading,
sections 69(5)(b) and 73(4)(b),
in section 163, paragraph (d) of the definition of "responsible officer",
in Schedule 3--
- in paragraph 1, sub-paragraphs (1)(d) and (4)(a),
- paragraphs 6(2)(a), 7(3)(b) (in both places) and 12(3),
- in paragraph 18, sub-paragraphs (4) and (5),
- in paragraph 19, sub-paragraphs (1) (in each place) and (2),
- paragraph 22(a),
in Schedule 4--
- paragraph 5 and the preceding cross-heading,
- paragraph 6(4)(a).

Officers of local probation boards

4 (1) In the following enactments--

(a) for "a probation officer" there is substituted "an officer of a local probation board",

(b) for "the probation officer" there is substituted "the officer of a local probation board".

(2) The enactments are--

In the [1969 c. 54.] Children and Young Persons Act 1969--
- section 23(4) (as it has effect pursuant to section 98(3) of the [1998 c. 37.] Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys)),
- in section 34, subsections (2) and (3).
In the [1991 c. 25.] Criminal Procedure (Insanity and Unfitness to Plead) Act 1991--
- in Schedule 2, in paragraph 3, sub-paragraphs (1)(b) and (3).
In the [1991 c. 53.] Criminal Justice Act 1991--
- section 37(4A)(a),
- section 43(5),
- in section 65, subsections (1)(a) and (1A) (in both places),
- in Schedule 3, paragraph 11(5)(b).
In the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993--
- sections 12(2)(a) and 15(4).
In the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995--
- sections 209(3)(a) and 234(1)(a).
In the [1997 c. 43.] Crime (Sentences) Act 1997--
- section 31(2A)(a).
In the Crime and Disorder Act 1998--
- sections 8(8)(a), 18(3) (in both places) and 39(5)(a).
In the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000--
- in section 41, subsections (4), (5)(a), (6) and (9)(a) and (b),
- in section 46, subsections (5)(a) and (b) and (11)(a) and (b),
- in section 54, subsections (2) and (3),
- in section 57, subsections (1) to (4),
- sections 63(1)(b) and 64(2) (in both places),
- in section 69, subsections (4)(a), (6)(a) and (9),
- section 73(5),
- in section 74, subsections (5)(a) and (6),
- in section 103, subsections (3)(a) and (4) (in both places),
- in section 122, subsections (2) and (5),
- sections 157(1)(a) and 162(2)(a) and (b),
- in Schedule 2--
  - paragraph 2(2)(a)(i) and (ii),
  - paragraph 3(2)(a) and (b).

Part II General

Children and Young Persons Act 1933 (c. 12)

5 In section 49(6)(c) of the Children and Young Persons Act 1933 (restrictions on reports of proceedings), for "21" there is substituted "18".

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

6 In Part I of the Second Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part V, and paying authorities), for paragraphs 6 and 7 there is substituted--

" 6. Member of the staff of a local probation board or of two or more local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000	The local probation board or, as the case may be, the local probation boards acting jointly.
7. Chief officer of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000	The Secretary of State. "

Prison Act 1952 (c. 52)

7 The Prison Act 1952 is amended as follows.

8 In section 13(2) (legal custody of prisoner), for "section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "section 99 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 or section 61 of the Criminal Justice and Court Services Act 2000".

9 In section 37(4) (closing of prisons), "remand centre" is omitted.

10 In section 43 (remand centres, detention centres and youth custody centres)--

(a) in subsection (2)--

(i) in paragraph (a), for "21" there is substituted "18" and "a remand centre or" is omitted,

(ii) paragraphs (b) and (c) are omitted,

(b) subsection (3) is omitted,

(d) subsection (7) is omitted.

11 In section 47 (rules for the management of prisons, remand centres, detention centres and borstal institutions)--

(a) in subsection (1) and the sidenote, "remand centres" is omitted,

(b) in subsection (5), "remand centre" is omitted.

Army Act 1955 (c. 18)

12 The Army Act 1955 is amended as follows.

13 In section 57(2A) (offences in relation to courts-martial), for "twenty-one" there is substituted "eighteen".

14 In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted--

" (bc) order that the convicted person be disqualified from working with children " .

15 (1) In section 71A (juveniles)--

(a) in subsections (1), (1D) and (1E)(i), for "21" there is substituted "18",

(b) subsections (1A) to (1C) are omitted,

(d) in subsection (1E), paragraph (b) and the "or" preceding it are omitted,

(e) in subsection (3), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",

(f) in subsection (4), for "an adult" (in both places) there is substituted "a person who has attained 18 years of age",

(g) in subsection (5), "custody for life or" and "and to a sentence of custody for life" are omitted.

(2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.

16 In section 71AA (young service offenders: custodial orders)--

(a) in subsection (1)--

(i) for "twenty-one" (in both places) there is substituted "eighteen",

(ii) for paragraph (a) there is substituted--

" (a) shall be not less than the period of two months; and " ,

(b) in subsection (1AA), "aged 17" is omitted,

(c) in paragraph (a) of subsection (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",

(d) in subsection (6A), for "detention in a young offender institution" there is substituted "imprisonment".

17 In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the "or" preceding it are omitted.

18 (1) Schedule 5A (powers of court on trial of civilian) is amended as follows.

(2) In paragraph 10--

(a) in sub-paragraph (1)--

(i) for "under 21" there is substituted "under 18" and for "age of 21" there is substituted "age of 18",

(ii) for paragraph (a) there is substituted--

" (a) shall not be less than the period of two months; " ,

(b) in sub-paragraph (1A), "under 18 years of age" is omitted,

(d) in paragraph (a) of sub-paragraph (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",

(e) in sub-paragraph (6A), for "detention in a young offender institution" there is substituted "imprisonment".

(3) In paragraph 15--

(a) in sub-paragraph (3), in paragraphs (a) and (b), for "21" there is substituted "18",

(b) in the table--

(i) in the heading to the first column, for "21" there is substituted "18",

(ii) for the heading to the second column there is substituted "Offender aged 17 but under 18",

(iii) in the second column, "Custody for life" is omitted,

(i) in sub-paragraph (a), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",

(ii) in sub-paragraph (i), for "custody for life" there is substituted "a custodial order".

(4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.

Air Force Act 1955 (c. 19)

19 The Air Force Act 1955 is amended as follows.

20 In section 57(2A) (offences in relation to courts-martial), for "twenty-one" there is substituted "eighteen".

21 In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted--

" (bc) order that the convicted person be disqualified from working with children " .

22 (1) In section 71A (juveniles)--

(a) in subsections (1), (1D) and (1E)(i), for "21" there is substituted "18",

(b) subsections (1A) to (1C) are omitted,

(d) in subsection (1E), paragraph (b) and the "or" preceding it are omitted,

(e) in subsection (3), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",

(f) in subsection (4), for "an adult" (in both places) there is substituted "a person who has attained 18 years of age",

(g) in subsection (5), "custody for life or" and "and to a sentence of custody for life" are omitted.

(2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.

23 In section 71AA (young service offenders: custodial orders)--

(a) in subsection (1)--

(i) for "twenty-one" (in both places) there is substituted "eighteen",

(ii) for paragraph (a) there is substituted--

" (a) shall be not less than the period of two months; and " ,

(b) in subsection (1AA), "aged 17" is omitted,

(d) in subsection (6A), for "detention in a young offender institution" there is substituted "imprisonment".

24 In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the "or" preceding it are omitted.

25 (1) Schedule 5A (powers of court on trial of civilian) is amended as follows.

(2) In paragraph 10--

(a) in sub-paragraph (1)--

(i) for "under 21" there is substituted "under 18" and for "age of 21" there is substituted "age of 18",

(ii) for paragraph (a) there is substituted--

" (a) shall not be less than the period of two months; " ,

(b) in sub-paragraph (1A), "under 18 years of age" is omitted,

(d) in paragraph (a) of sub-paragraph (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",

(e) in sub-paragraph (6A), for "detention in a young offender institution" there is substituted "imprisonment".

(3) In paragraph 15--

(a) in sub-paragraph (3), in paragraphs (a) and (b), for "21" there is substituted "18",

(b) in the table--

(i) in the heading to the first column, for "21" there is substituted "18",

(ii) for the heading to the second column there is substituted "Offender aged 17 but under 18",

(iii) in the second column, "Custody for life" is omitted,

(i) in sub-paragraph (a), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",

(ii) in sub-paragraph (i), for "custody for life" there is substituted "a custodial order".

(4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.

Naval Discipline Act 1957 (c. 53)

26 The Naval Discipline Act 1957 is amended as follows.

27 In section 38(3A) (offences in relation to courts-martial), for "twenty-one" there is substituted "eighteen".

28 In section 43(1) (punishments which may be awarded to persons convicted of offences under Part I of that Act), after paragraph (bb) there is inserted--

" (bc) order that the convicted person be disqualified from working with children " .

29 (1) In section 43A (juveniles)--

(a) in subsections (1), (1D) and (1E)(i), for "21" there is substituted "18",

(b) subsections (1A) to (1C) are omitted,

(d) in subsection (1E), paragraph (b) and the "or" preceding it are omitted,

(e) in subsection (3), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment",

(f) in subsection (4), for "an adult" (in both places) there is substituted "a person who has attained 18 years of age",

(g) in subsection (5), "custody for life or" and "and to a sentence of custody for life" are omitted.

(2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.

30 In section 43AA (young service offenders: custodial orders)--

(a) in subsection (1)--

(i) for "twenty-one" (in both places) there is substituted "eighteen",

(ii) for paragraph (a) there is substituted--

" (a) shall be not less than the period of two months; and " ,

(b) in subsection (1AA), "aged 17" is omitted,

(d) in subsection (6A), for "detention in a young offender institution" there is substituted "imprisonment".

31 In section 43AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the "or" preceding it are omitted.

32 (1) Schedule 4A (powers of court on trial of civilian) is amended as follows.

(2) In paragraph 10--

(a) in sub-paragraph (1)--

(i) for "under 21" there is substituted "under 18" and for "age of 21" there is substituted "age of 18",

(ii) for paragraph (a) there is substituted--

" (a) shall not be less than the period of two months; and " ,

(b) in sub-paragraph (1A), "under 18 years of age" is omitted,

(d) in paragraph (a) of sub-paragraph (6), for the words from "any institution" to the end of the paragraph there is substituted "such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose",

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