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

(The document as of February, 2008)

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(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.

Criminal Justice Act 1961 (c. 39)

33 In section 23(4) of the Criminal Justice Act 1961 (prison rules), for "secure training centres and remand centres" there is substituted "and secure training centres".

Criminal Justice Act 1967 (c. 80)

34 The Criminal Justice Act 1967 is amended as follows.

35 In section 34 (committal of persons under twenty-one accused of extradition crimes etc.), for "twenty-one" there is substituted "eighteen".

36 In section 67(6) (computation of sentences of imprisonment passed in England and Wales), "to a remand centre or" is omitted.

Social Work (Scotland) Act 1968 (c. 49)

37 In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)--

(a) at the appropriate place there is inserted--

" "community rehabilitation order" has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000 " ,

(b) for the definition of "probation order" there is substituted--

" "probation order"--

(a) in relation to an order imposed by a court in England or Wales, means a community rehabilitation order,

(b) in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996, " .

Children and Young Persons Act 1969 (c. 54)

38 The Children and Young Persons Act 1969 is amended as follows.

39 In section 23 (remands and committals to local authority accommodation) as it has effect pursuant to section 98(2) of the [1998 c. 37.] Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys)--

(a) in subsections (1) and (5A), "a remand centre or" is omitted,

(b) in subsection (4)--

(i) at the end of paragraph (a) there is inserted "or",

(ii) paragraph (b) is omitted,

(iii) for paragraph (c) there is substituted--

" (c) if paragraph (a) above does not apply, it shall remand him to a prison. "

40 In section 34(3) (transitional modifications of Part I), for "probation committee" there is substituted "local probation board".

41 In section 46(1) (discontinuance of approved schools etc.), "within the meaning of the [1993 c. 47.] Probation Service Act 1993" is omitted.

42 In section 70(1) (general interpretation), at the appropriate place there is inserted--

" "local probation board" means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000; " .

43 (1) Schedule 3 (approved schools and other institutions) is amended as follows.

(2) In paragraph 6(1), after " [1993 c. 47.] Probation Service Act 1993" there is inserted "or section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000".

(3) In paragraph 9--

(a) in sub-paragraph (2)--

(i) for "either" there is substituted "any",

(ii) in paragraph (a), "or" is omitted,

(iii) after paragraph (b) there is inserted--

" (c) section 3 of the Criminal Justice and Court Services Act 2000 (functions of the Secretary of State);

(d) section 5 of that Act (functions of local probation boards); or

(e) section 9 of that Act (approved premises), "

(b) for sub-paragraph (4)(b) there is substituted--

" (b) the amount which in his opinion represents the proportion of the contributions paid by local authorities under section 90 of the Act of 1933 or (as the case may be) the proportion of the sums paid by--

(i) probation committees under rules made under the Probation Service Act 1993,

(ii) the Secretary of State under section 3 or 9 of the Criminal Justice and Court Services Act 2000, and

(iii) local probation boards under section 5 of that Act,

which (in either case) should be treated as having been paid on account of expenditure of a capital nature in connection with the former approved institution; " .

(4) In paragraph 10(4)(b), after "Probation Service Act 1993" there is inserted "or under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000".

Local Authorities (Goods and Services) Act 1970 (c. 39)

44 (1) Subject to sub-paragraph (2), in section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) "public body" includes a local probation board established under section 4 of this Act.

(2) An order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act) may repeal the provisions of sub-paragraph (1) above as they apply to a local probation board specified in the order.

Pensions (Increase) Act 1971 (c. 56)

45 In Schedule 2 to the [1972 c. 11.] Pensions (Increase) Act 1971 (official pensions), after paragraph 53 there is inserted--

" 53A A pension payable in accordance with regulations under section 7 of the [1972 c. 11.] Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000. "

Local Government Act 1972 (c. 70)

46 In Part I of Schedule 12A to the Local Government Act 1972 (access to information: exempt information)--

(a) in paragraph 2(a), "or" is omitted,

(b) at the end of paragraph 2(b) there is inserted " or

" 2A Information relating to a particular chief officer, former chief officer or applicant to become a chief officer of a local probation board within the meaning of the Criminal Justice and Court Services Act 2000. "

Juries Act 1974 (c. 23)

47 (1) Schedule 1 to the Juries Act 1974 (ineligibility and disqualification for and excusal from jury service) is amended as follows.

(2) In Part I, in Group B--

(a) in the entry for the warden and staff of a probation hostel or bail hostel, "(within the meaning of the [1993 c. 47.] Probation Service Act 1993)" is omitted,

(b) after that entry there is inserted--

" The warden or a member of the staff of approved premises (within the meaning of Part I of the Criminal Justice and Court Services Act 2000) " ,

" The chief officer and members of the staff of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.

Any person who performs the functions of a chief officer of a local probation board in accordance with a management order made under section 10 of the Criminal Justice and Court Services Act 2000.

Any person who performs the functions of an officer of a local probation board under section 5(2) of the Criminal Justice and Court Services Act 2000 " .

(3) In Part II, in the third paragraph, for "been placed on probation" there is substituted "had made in respect of him a probation order".

Rehabilitation of Offenders Act 1974 (c. 53)

48 The Rehabilitation of Offenders Act 1974 is amended as follows.

49 In section 5 (rehabilitation periods for particular sentences)--

(a) in subsection (4A), for "a person was placed on probation" there is substituted "a probation order was made",

(b) in subsection (4A)(b), for "probation order" there is inserted "order in question".

50 In section 6(3) (the rehabilitation period applicable to a conviction)--

(a) for "placed on probation" there is substituted "a probation order was made",

(b) for "or probation" there is substituted "or a breach of the order".

Adoption Act 1976 (c. 36)

51 The Adoption Act 1976 is amended as follows.

52 In section 65 (guardians ad litem and reporting officers)--

(a) in subsection (1)--

(i) after "as are prescribed" there is inserted "of an officer of the Service",

(ii) in paragraph (a), for the words from the beginning to "litem" there is substituted "to act on behalf",

(iii) in paragraph (b), "of a person to act as reporting officer" is omitted,

(b) in subsection (2)--

(i) for "as guardian ad litem or reporting officer" there is substituted "under subsection (1)",

(ii) for "be both guardian ad litem and reporting officer" there is substituted "act under both paragraphs (a) and (b) of subsection (1)",

" (3) Rules of court may make provision as to the assistance which an officer of the Service may be required by the court to give to it.

(4) In this section "officer of the Service" has the same meaning as in the Criminal Justice and Court Services Act 2000. " ,

(d) for the sidenote there is substituted "Duties of officers of the Service".

53 Section 65A (panels for selection of guardians ad litem and reporting officers) is omitted.

Criminal Law Act 1977 (c. 45)

54 The Criminal Law Act 1977 is amended as follows.

55 In section 38A(5) (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine), in the definition of "prison", for paragraph (ia) there is substituted--

" (ia) in the case of a person under that age arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 61(3), (4) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person); " .

56 In section 38B(5) (further provision for execution of warrants of commitment), in the definition of "prison", for paragraph (a) there is substituted--

" (a) in the case of a person who is under the age of 21 years arrested in England and Wales, any prison, or any young offender institution in which one or more persons mentioned in section 61(3), (4) or (5) of the Criminal Justice and Court Services Act 2000 are detained, determined by the Secretary of State (in respect of that person or a description of persons including that person); and " .

Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

57 In section 26(2) of the Domestic Proceedings and Magistrates' Courts Act 1978 (reconciliation)--

(a) for "a probation officer" there is substituted "an officer of the Service (within the meaning of the Criminal Justice and Court Services Act 2000)",

(b) for "the probation officer or that" there is substituted "that officer or".

Magistrates' Courts Act 1980 (c. 43)

58 The Magistrates' Courts Act 1980 is amended as follows.

59 In section 11(3) (non-appearance of accused: general provisions), "or detention in a detention centre" is omitted.

60 In section 31 (general limit on power of magistrates' court to impose imprisonment), in subsections (1) and (2), "or youth custody" is omitted.

61 Section 72 (report by probation officer on means of parties) is omitted.

62 In section 77(2) (postponement of issue of warrant), "or detention under section 108 of the Powers of [2000 c. 6.] Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)" is omitted.

63 In section 82 (restriction on power to impose imprisonment for default)--

(a) in subsection (1)(c), "youth custody or detention in a detention centre" is omitted,

(b) in subsections (1)(c), (3)(a) and (5)(b), for "section 9 of the [1982 c. 48.] Criminal Justice Act 1982" there is substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000",

(c) in subsection (4A)(e), for "section 17 of the [1982 c. 48.] Criminal Justice Act 1982" there is substituted "section 60 of the Powers of Criminal Courts (Sentencing) Act 2000".

64 In section 88 (supervision pending payment)--

(a) in subsection (4), for "detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "prison" and for "such detention" there is substituted "prison",

(b) in subsection (5), for "such detention" there is substituted "prison".

65 Section 96A (application of Part III to persons aged 18 to 20) is omitted.

66 In section 133 (consecutive terms of imprisonment)--

(a) in subsection (1), the first, second and fourth mentions of "or youth custody" are omitted,

(b) subsection (2A) is omitted.

67 In section 135 (detention of offender for one day in court house or police station), subsection (3) is omitted.

68 In section 136 (committal to custody overnight at police station), subsection (4) is omitted.

69 In Schedule 6A (fines that may be altered under section 143), the entry relating to Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 is omitted.

Imprisonment (Temporary Provisions) Act 1980 (c. 57)

70 In section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable), in subsections (1) and (2), "remand centre" is omitted.

Criminal Justice Act 1982 (c. 48)

71 In paragraph 7(3)(b) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for "probation committee for that area to appoint or assign a probation officer" there is substituted "local probation board for that area (established under section 4 of the Criminal Justice and Court Services Act 2000) to appoint or assign an officer of the board".

Mental Health Act 1983 (c. 20)

72 The Mental Health Act 1983 is amended as follows.

73 In section 48(2)(a) (removal to hospital of other prisoners), "or remand centre" is omitted.

74 In section 134(3)(e) (correspondence of patients), for "probation committee (within the meaning of the [1993 c. 47.] Probation Service Act 1993)" there is substituted "local probation board established under section 4 of the Criminal Justice and Court Services Act 2000".

Health and Social Services and Social Security Adjudications Act 1983 (c. 41)

75 In section 10(16) of the Health and Social Services and Social Security Adjudications Act 1983 (central council for education and training in social work), paragraph (b) and the "and" preceding it are omitted.

Police and Criminal Evidence Act 1984 (c. 60)

76 The Police and Criminal Evidence Act 1984 is amended as follows.

77 In section 24(1)(b) (arrest without warrant for arrestable offences), for "21" there is substituted "18".

78 In section 62 (intimate samples), at the beginning of subsection (1) there is inserted "Subject to section 63B below".

Child Abduction and Custody Act 1985 (c. 60)

79 The Child Abduction and Custody Act 1985 is amended as follows.

80 In sections 6(a) and 21(a) (reports), for "a probation officer" there is substituted "an officer of the Service".

81 In section 27 (interpretation), after subsection (4) there is inserted--

" (5) In this Act "officer of the Service" has the same meaning as in the Criminal Justice and Court Services Act 2000. "

Local Government Act 1988 (c. 9)

82 In the Local Government Act 1988, in Schedule 2 (public supply or works contracts: the public authorities), for "A probation committee (within the meaning of the [1993 c. 47.] Probation Service Act 1993)" there is substituted "A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000".

Education Reform Act 1988 (c. 40)

83 In the Education Reform Act 1988, after section 218 there is inserted--

" 218A Regulations under section 218(6): further provision

(1) The power to make regulations under subsection (6) of section 218 above includes power to provide that a person may appeal to the Tribunal against--

(a) a decision to prohibit or restrict the person's employment or further employment on the grounds mentioned in subsection (6ZA)(a) to (d) of that section; or

(b) a decision not to revoke or vary such a decision as is mentioned in paragraph (a) above.

(2) The regulations may--

(a) make provision as to the circumstances in which the Tribunal shall allow an appeal under the regulations and as to the powers available to it on allowing such an appeal;

(b) provide that, where a person has been convicted of an offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under the regulations.

(3) The power to make regulations under subsection (6) of that section also includes power to make provision for a person who has been subject, for a prescribed period, to a prohibition or restriction imposed by virtue of that subsection on relevant grounds to apply, with the leave of the Tribunal, for a review of the prohibition or restriction.

(4) The regulations may make provision as to--

(a) the circumstances in which an application for leave, or a review, under the regulations shall be determined in the person's favour;

(b) the powers available to the Tribunal on determining a review in the person's favour.

(5) In this section--

(a) "relevant grounds" means the grounds mentioned in section 218(6ZA)(c) above;

(b) "the Tribunal" means the Tribunal established under section 1 of the [1999 c. 14.] Protection of Children Act 1999. "

Local Government Finance Act 1988 (c. 41)

84 The Local Government Finance Act 1988 is amended as follows.

85 In section 74(1)(c) (levies), for "magistrates' courts committee or probation committee" there is substituted "or magistrates' courts committee".

86 In section 117(5)(c) (rates and precepts: abolition), for "magistrates' courts committee or probation committee" there is substituted "or magistrates' courts committee".

Children Act 1989 (c. 41)

87 The Children Act 1989 is amended as follows.

88 In section 7 (welfare reports)--

(a) in subsection (1), for "a probation officer" (in both places) there is substituted "an officer of the Service",

(b) in subsection (5), for "probation officer" there is substituted "officer of the Service".

89 In section 16 (family assistance orders)--

(a) in subsection (1)(a), for "a probation officer" there is substituted "an officer of the Service",

(b) subsections (8) and (9) are omitted.

90 In section 31(1)(b) (care and supervision orders), "or of a probation officer" is omitted.

91 In section 41 (representation of child and of his interests in certain proceedings)--

(a) in subsections (1) and (11), for "a guardian ad litem" there is substituted "an officer of the Service",

(b) in subsections (2), (4)(a) and (10)(a) and (b), for "guardian ad litem" there is substituted "officer of the Service",

(d) subsections (7) to (9) and (12) are omitted,

(e) for the cross-heading preceding section 41 there is substituted "Representation of child".

92 In section 42 (right of guardian ad litem to have access to local authority records)--

(a) in subsection (1)--

(i) for "a person" there is substituted "an officer of the Service",

(ii) for "as a guardian ad litem under this Act" there is substituted "under section 41",

(b) in subsection (2), for "a guardian ad litem" there is substituted "an officer of the Service",

93 In section 58(4) (financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises)--

(a) in paragraph (a), "or" is omitted,

(b) in paragraph (b), after "hostels or homes" there is inserted " or

(c) of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act). "

94 In section 68(2)(d), (persons disqualified from being private foster parents), for "has been placed on probation or" there is substituted "a probation order has been made in respect of him or he has been".

95 In section 105(1) (interpretation), at the appropriate place there is inserted--

" "officer of the Service" has the same meaning as in the Criminal Justice and Court Services Act 2000; " .

96 In Schedule 3 (supervision orders), in paragraph 9, sub-paragraphs (2) to (5) are omitted.

97 In Schedule 10 (amendments of adoption legislation), paragraph 29 is omitted.

Computer Misuse Act 1990 (c. 18)

98 In section 2(2)(b) of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences), for "of twenty-one years of age or over (not previously convicted)" there is substituted "who has attained the age of twenty-one years (eighteen in relation to England and Wales) and has no previous convictions".

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)

99 The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 is amended as follows.

100 In section 6(1) (general interpretation), at the appropriate place there is inserted--

" "local probation board" means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000; " .

101 In Schedule 1 (orders for admission to hospital), in paragraph 4(1)--

(a) paragraph (c) and the "or" preceding it are omitted,

(b) for "prison or remand centre" there is substituted "or prison".

102 In Schedule 2 (supervision and treatment orders), in paragraph 1(1)(a), for "probation officer" there is substituted "an officer of a local probation board".

Criminal Justice Act 1991 (c. 53)

103 The Criminal Justice Act 1991 is amended as follows.

104 In section 34A(2)(c) (power to release short term prisoners on licence), for "4(1)(d) or 5(1)(d)" there is substituted "4(1C)(d) or 5(1C)(d)".

105 In section 37A (curfew condition to be included in licence), subsection (7) is omitted.

106 In section 45(1) (fine defaulters and contemnors), "or to be detained under section 108 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000" is omitted.

107 In section 65 (supervision of young offenders after release)--

(a) in subsection (1), for the words from the first mention of "under" to "from" there is substituted "("the offender") sentenced to a term of imprisonment or to" and after "Powers of Criminal Courts (Sentencing) Act 2000" there is inserted "is released while under the age of 22 years",

(b) in subsection (7), for "21" there is substituted "18" and for "detention in a young offender institution" there is substituted "detention in 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".

108 In section 68 (persons aged 17 to be treated as young persons for certain purposes), paragraph (b) is omitted.

109 In section 92(1) (interpretation of Part IV), in the definition of "prison", "or remand centre" is omitted.

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