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

(The document as of February, 2008)

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

110 In section 99(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; " .

111 In Schedule 3 (reciprocal enforcement of certain orders)--

(a) in paragraph 10--

(i) in sub-paragraphs (2)(b) and (3)(c), for "probation committee" there is substituted "local probation board",

(ii) in sub-paragraph (3)(a), for "a probation officer assigned" there is substituted "an officer of a local probation board assigned",

(iii) in sub-paragraph (3)(d), for "probation centre" there is substituted "community rehabilitation centre",

(b) in paragraph 11(4), for "4(1)(d), 5(1)(d)" there is substituted "4(1C)(d), 5(1C)(d)".

112 In Schedule 8 (amendments for treating persons aged 17 as young persons), paragraphs 2 and 6(3) are omitted.

113 In Schedule 12 (transitional provisions and savings), in paragraphs 15(4) and 16(3), "remand centre or" is omitted.

Water Industry Act 1991 (c. 56)

114 In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 13(2)(a), for "young offender institution or remand centre" there is substituted "or young offender institution".

Prison Security Act 1992 (c. 25)

115 In section 1(6) of the Prison Security Act 1992 (offence of prison mutiny), in the definition of "prison", for "young offender institution or remand centre" there is substituted "or young offender institution".

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

116 The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

117 In section 15(5) (variation of supervised release order), for "probation officer" there is substituted "officer of a local probation board".

118 In section 27(1) (interpretation of Part I), 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; " .

Intelligence Services Act 1994 (c. 13)

119 In section 5(3B)(b) of the Intelligence Services Act 1994 (warrants: general), after "twenty-one" there is inserted "(eighteen in relation to England and Wales)".

Criminal Procedure (Scotland) Act 1995 (c. 46)

120 The Criminal Procedure (Scotland) Act 1995 is amended as follows.

121 In section 209(7) (supervised release orders), for "probation officer" there is substituted "officer of a local probation board".

122 In section 228(2)(b) (probation orders), for "probation committee" there is substituted "local probation board".

123 In section 234 (probation orders: persons residing in England and Wales)--

(a) in subsection (2), for "probation order made" there is substituted "community rehabilitation order made",

(b) in subsection (3)(c), for "probation committee" there is substituted "local probation board",

(c) in subsection (4)(a), after "probation orders" there is inserted "or, as the case may be, community rehabilitation orders",

(d) in subsection (5)(a), for "probation order" there is substituted "community rehabilitation order",

(e) in subsection (5)(b), for "combination order" there is substituted "community punishment and rehabilitation order",

(f) in subsection (10), for "probation orders" there is substituted "community rehabilitation orders".

124 In section 242 (community service orders: persons residing in England and Wales)--

(a) in subsection (1)(a)(ii), for "community service order" there is substituted "community punishment order",

(b) in subsections (1)(a)(iii), (2)(b) and (3)(b), for "community service orders" there is substituted "community punishment orders",

(i) for "probation committee" there is substituted "local probation board",

(ii) for "a probation officer" there is substituted "an officer of the board".

125 In section 244 (community service orders: general provisions relating to persons living in England and Wales or Northern Ireland)--

(a) for subsection (3) there is substituted--

" (3) Subject to the following provisions of this section--

(a) a community service order made or amended in the circumstances specified in section 242 shall be treated as if it were a community punishment order made in England and Wales and the legislation relating to community punishment orders which has effect in England and Wales shall apply accordingly; and

(b) a community service order made or amended in the circumstances specified in section 243 shall be treated as if it were a community service order made in Northern Ireland and the legislation relating to community service orders which has effect in Northern Ireland shall apply accordingly. "

(b) in subsections (4)(a) and (6), after "community service orders" there is inserted "or, as the case may be, community punishment orders",

(c) in subsection (5), after "a community service order" there is inserted "or, as the case may be, a community punishment order".

126 In section 307(1) (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 " .

Education Act 1996 (c. 56)

127 The Education Act 1996 is amended as follows.

128 In section 468 (school may be struck off for contravention of regulations about employment of teachers), at the end there is inserted--

" (2) Where the Secretary of State is satisfied that a person who is included (otherwise than provisionally) in the list kept under section 1 of the [1999 c. 14.] Protection of Children Act 1999 (individuals considered unsuitable to work with children) or is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (disqualification from working with children)--

(a) is employed in a registered or provisionally registered school, or

(b) is the proprietor of such a school,

he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school. "

129 After section 473 there is inserted--

" 473A Removal of disqualification: persons no longer unsuitable to work with children

(1) Subject to section 473B, a person to whom this section applies may make an application under this section to the Tribunal.

(2) This section applies to any person who is disqualified, by an order made under section 470 or 471 on the grounds that he is unsuitable to work with children--

(a) from being the proprietor of any independent school; or

(b) from being a teacher or other employee in any school.

(3) On an application under this section the Tribunal shall determine whether or not the individual shall continue to be subject to the order.

(4) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children, it shall direct that the order shall cease to have effect; otherwise it shall dismiss the application.

(5) In this section and section 473B, "the Tribunal" means the tribunal established by section 9 of the [1999 c. 14.] Protection of Children Act 1999.

473B Conditions for application under section 473A

(1) A person may only make an application under section 473A with the leave of the Tribunal.

(2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the person's case.

(3) In the case of a person who was a child when the order was made, the appropriate conditions are satisfied if--

(a) at least five years have elapsed since the order was made; and

(b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application.

(4) In the case of any other person, the appropriate conditions are satisfied if--

(a) at least ten years have elapsed since the order was made; and

(b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.

(5) The Tribunal shall not grant an application under this section unless it considers--

(a) that the person's circumstances have changed since the order was made, or, as the case may be, since he last made an application under this section; and

(b) that the change is such that leave should be granted. "

130 In section 474 (removal of disqualification)--

(a) at the end of subsection (1) there is inserted--

" But this subsection does not apply in relation to the disqualification of a person to whom section 473A applies. " ,

(b) for the sidenote there is substituted "Removal of disqualification: other cases."

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

131 The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

132 In Article 10(1A) (probation orders) as it has effect pursuant to paragraph 10(1) of Schedule 3 to the [1991 c. 53.] Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for "probation committee" there is substituted "local probation board".

133 In Article 13(4)(b) (community service orders in respect of convicted persons) as it has effect pursuant to paragraph 7(1) of Schedule 13 to the [1982 c. 48.] Criminal Justice Act 1982 (reciprocal arrangements), for "such orders" there is substituted "community punishment orders".

Sexual Offences (Protected Material) Act 1997 (c. 39)

134 In section 2(1) of the Sexual Offences (Protected Material) Act 1997 (meaning of other expressions), in the definition of "prison", for "young offender institution or remand centre" there is substituted "or young offender institution".

Crime (Sentences) Act 1997 (c. 43)

135 The Crime (Sentences) Act 1997 is amended as follows.

136 In section 28 (duty to release certain life prisoners)--

(a) for the words from the beginning to the end of subsection (5)(a) there is substituted--

" (1A) In this Chapter--

(a) references to a life prisoner to whom this section applies are references to a life prisoner in respect of whom an order has been made under subsection (2) of section 82A of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 or a direction under subsection (5) of that section has been given or will be required to be given at the appropriate stage; and

(b) references to the relevant part of his sentence are references to the part of his sentence specified in the order or direction or, in the case of a life prisoner in respect of whom a direction under subsection (5) of that section has not been given but will be required to be given at the appropriate stage, the whole of his sentence,

and in this section "appropriate stage", in relation to such a direction, has the same meaning as in subsection (6) of that section.

(1B) But if a life prisoner is serving two or more life sentences--

(a) he is not to be treated for the purposes of this Chapter as a life prisoner to whom this section applies unless such an order or direction has been made or given in respect of each of those sentences or such a direction will be required to be given at the appropriate stage; and

(b) the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.

(5) As soon as--

(a) a life prisoner to whom this section applies has served the relevant part of his sentence " ,

(b) subsection (9) is omitted.

137 In section 33 (life prisoners transferred to England and Wales)--

(a) for "section 28" (in subsections (1) and (2)) there is substituted "the provisions of section 28(5) to (8)",

(b) in subsection (5), for "subsections (5) and (7) of section 28" there is substituted "the provisions of section 28(5) to (8)".

138 In section 34(1) (interpretation), the words following the first mention of "sentences" are omitted.

139 In section 35 (fine defaulters: general)--

(a) in subsection (1)(b), for "21" there is substituted "18",

(b) in subsections (5)(c) and (8)(a), for "4(1)(d)" there is substituted "4(1C)(d)".

140 In section 40(1)(b) (fine defaulters), for "21" there is substituted "18".

141 In section 54(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; " .

142 In section 57(8) (extent), at the end there is inserted--

" or the extent of Chapter II of Part II so far as it relates to sentences passed by a court-martial " ,

and Chapter II of Part II of that Act is to be treated as always having had effect as amended by this paragraph.

143 In Schedule 1 (transfer of prisoners within the British Islands), in each of paragraphs 8(5) and 11(6), in the table, for "Probation officer" there is substituted "Officer of a local probation board".

144 In Schedule 5 (transitional provisions and savings), paragraph 5(1) is omitted.

145 Paragraphs 135 to 138 and 144 above have effect in relation to life sentences passed after commencement.

146 Paragraph 147 below applies where a person serving any life sentence passed after commencement--

(a) is also serving a life sentence passed before commencement, or

(b) by reason of any sentence passed before commencement, is a transferred life prisoner within the meaning of section 33,

and the sentences referred to in paragraphs (a) and (b) are referred to in paragraph 147 below as pre-commencement life sentences.

147 Section 28(1B) is to have effect as if--

(a) any reference to a life sentence included a pre-commencement life sentence,

(b) any reference to an order or direction in relation to such a life sentence were to--

(i) an order under section 28(2)(b) or a direction under section 28(4) (as originally enacted), or

(ii) a certificate under section 33,

(c) any reference to the relevant part of such a life sentence were to the part specified in the order, direction or certificate (as the case may be) relating to that sentence.

148 In paragraphs 145 and 146 above, "commencement" means the coming into force of section 60 of this Act and "life sentence" has the same meaning as in Chapter II of Part II of that Act.

Police Act 1997 (c. 50)

149 In section 93(4)(b) of the Police Act 1997 (authorisations to interfere with property etc.), after "twenty-one" there is inserted "(eighteen in relation to England and Wales)".

Crime and Disorder Act 1998 (c. 37)

150 The Crime and Disorder Act 1998 is amended as follows.

151 In sections 5(2)(b), 38(2)(b), 39(3)(b), 41(10), 42(3) and 115(2)(e), for "probation committee" there is substituted "local probation board".

152 In section 117(1) (interpretation), after the definition of "guardian" there is inserted--

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

153 In Schedule 8 (minor and consequential amendments), paragraph 110 is omitted.

Protection of Children Act 1999 (c. 14)

154 The Protection of Children Act 1999 is amended as follows.

155 After section 4 there is inserted--

" 4A Applications for removal from list

(1) Subject to section 4B below, an individual who is included in the list kept by the Secretary of State under section 1 above may make an application to the Tribunal under this section.

(2) On an application under this section the Tribunal shall determine whether or not the individual should continue to be included in the list.

(3) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children it shall direct his removal from the list; otherwise it shall dismiss the application.

4B Conditions for application under section 4A

(1) An individual may only make an application under section 4A above with the leave of the Tribunal.

(2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual's case.

(3) In the case of an individual who was a child when he was included (otherwise than provisionally) in the list, the appropriate conditions are satisfied if--

(a) he has been so included for a continuous period of at least five years; and

(b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application.

(4) In the case of any other individual, the appropriate conditions are satisfied if--

(a) he has been included (otherwise than provisionally) in the list for a continuous period of at least ten years; and

(b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.

(5) The Tribunal shall not grant an application under this section unless it considers--

(a) that the individual's circumstances have changed since he was included (otherwise than provisionally) in the list, or, as the case may be, since he last made an application under this section; and

(b) that the change is such that leave should be granted.

4C Restoration to list

(1) If it appears to a chief officer of police or a director of social services of a local authority that the conditions set out in subsection (2) below are satisfied in the case of an individual, the chief officer or (as the case may be) the director may apply to the High Court for an order under this section to be made in respect of the individual.

(2) The conditions are that--

(a) the individual is no longer included in the list kept by the Secretary of State under section 1 above, and

(b) the individual has acted in such a way (whether before or after he ceased to be included in the list) as to give reasonable cause to believe that an order under this section is necessary to protect children in general, or any children in particular, from serious harm from him.

(3) An application under this section may be made at any time after the individual ceased to be included in the list.

(4) If the High Court is satisfied that the conditions set out in subsection (2) above are satisfied, it must order the restoration of the individual's inclusion in the list; otherwise it must dismiss the application.

(5) Where an order is made under this section, section 4B above has effect with the following modifications--

(a) in subsection (3), the reference to the individual being a child when he was included in the list is to be read as a reference to his being a child when the order under this section was made,

(b) subsections (3)(a) and (4)(a) are to have effect as if at the end there were inserted "beginning with the making of the order under section 4C below",

(c) in subsection (5)(a), the reference to the individual's circumstances changing since he was included in the list is to be read as a reference to his circumstances changing since the order under this section was made.

(6) For the purposes of this section an individual is no longer included in the list if a direction under section 4A(3) above has been given in respect of him and his inclusion in the list is not restored by virtue of an order under this section.

(7) In this section, "local authority" has the same meaning as in the [1996 c. 56.] Education Act 1996. "

156 Section 6 (appeals against prohibition or restriction of employment) is omitted.

157 In section 9(2) (the Tribunal)--

(a) in paragraph (a), after "4" there is inserted ", 4A or 4B",

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

" (b) on an appeal or determination under regulations made under section 218(6) of the 1988 Act; " ,

" (ca) on a determination under section 473A or 473B of the Education Act 1996; " ,

(d) after paragraph (d) there is inserted " or

(e) on a determination under section 32 or 33 of the Criminal Justice and Court Services Act 2000. "

158 In section 12 (interpretation)--

(a) in the definition of "child care position", for paragraphs (a) to (c) there is substituted--

" (a) is a regulated position for the purposes of Part II of the Criminal Justice and Court Services Act 2000; but

(b) is not a position within subsection (3) below; " ,

(b) in subsection (3)(b), for the words from "an independent" to the end there is substituted "a school which is a children's home for the purposes of the [2000 c. 14.] Care Standards Act 2000".

159 In section 14 (extent etc.)--

(a) in subsection (3), for "This Act, except section 8 and this section," there is substituted "Subject to subsections (4) and (5) below, this Act",

(b) after subsection (4) there is inserted--

" (5) Section 9 above and the Schedule to this Act extend to the whole of the United Kingdom. "

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

160 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

161 In section 33(1) (meaning of "community order")--

(a) after paragraph (a) there is inserted--

" (aa) an exclusion order " ,

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

" (ee) a drug abstinence order " .

162 In section 37(10)(a) (curfew orders), for "section 38 below" there is substituted "section 36B above".

163 Section 38 (electronic monitoring of curfew orders) is omitted.

164 In section 40 (curfew orders: supplementary)--

(a) in subsection (1)(a), the words from "(including" to "available)" are omitted,

(b) after subsection (2) there is inserted--

" (3) An order under subsection (2)(a) above may make in paragraphs 2A(4) and (5) and 19(3) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order. "

165 In section 41 (probation orders)--

(a) in subsection (7)(c), for the words from "either" to the end there is substituted "of the offender, the responsible officer or any affected person",

(b) after subsection (9) there is inserted--

" (9A) The court by which such an order is made shall give to any affected person any information relating to the order which the court considers it appropriate for him to have. " ,

" (12) For the purposes of this Act, a person is an affected person in relation to a community rehabilitation order if--

(a) a requirement under section 36B(1) above is included in the order by virtue of his consent; or

(b) a requirement is included in the order under paragraph 8(1) of Schedule 2 to this Act for the purpose (or partly for the purpose) of protecting him from being approached by the offender. "

166 In section 42(1) (additional requirements which may be included in probation orders), for "probation period" there is substituted "community rehabilitation period".

167 In section 45(2) (community rehabilitation orders: supplementary), for "paragraph 19(2)(a)" there is substituted "paragraphs 2A(4) and (5) and 19(2)(a)".

168 In section 46(13) (community service orders), "(a) or (b)" is omitted.

169 In section 47 (obligations of person subject to community service order)--

(a) in subsection (4), for paragraphs (a) and (b) there is substituted "an officer of a local probation board appointed for or assigned to the petty sessions area specified in the order",

(b) in subsection (5)(a), "(a) or (b)" is omitted.

170 In section 52(4) (drug treatment and testing orders), after "body" there is inserted "(in a case where, at the time of his conviction, he was aged under 18)".

171 In section 57 (copies of orders)--

(a) in subsection (2), after "order shall" there is inserted "(subject to subsection (3A) below)",

(b) after subsection (3) there is inserted--

" (3A) Where--

(a) a magistrates' court amends a drug treatment and testing order under section 55(1) above; and

(b) the order as amended provides for a magistrates' court other than that mentioned in paragraph (a) above to be responsible for the order;

the court amending the order shall not give copies of the order as amended as mentioned in subsection (2) above but shall forthwith send copies of it to the court responsible for the order and that court shall, as soon as reasonably practicable after the order is amended, give copies to an officer of a local probation board assigned to that court. "

172 In section 58 (drug treatment and testing orders: supplementary), at the end there is inserted--

" (2) Where an order under paragraph 1(1A) of Schedule 3 to this Act provides for the warning provisions to apply to drug treatment and testing orders, an order under this section may make in paragraph 2A(4) and (5) of that Schedule any amendment which the Secretary of State thinks necessary in consequence of any substitution made by that order. "

173 In section 60(1)(b) (attendance centre orders), after "court" there is inserted "has power or".

174 In section 64(2) (selection and duty of supervisor), the words from "and selected under arrangements" to the end of the subsection are omitted.

175 In section 66 (facilities for implementing supervision orders), in subsections (2), (9) and (12) (in both places), for "probation committee" there is substituted "local probation board".

176 In section 76(1) (meaning of "custodial sentence"), paragraphs (c) and (d) are omitted.

177 In section 78 (general limit on magistrates' courts' power to impose imprisonment etc.), "or detention in a young offender institution" in subsections (1) and (2) and the sidenote is omitted.

178 In section 83(2) (restriction on imposing custodial sentences on persons not legally represented), for paragraphs (b) and (c) there is substituted--

" (aa) pass a sentence of imprisonment on a person who, when convicted, was aged at least 18 but under 21 " .

179 In section 87(12) (crediting periods of remand in custody: terms of imprisonment and detention), paragraph (b) and the preceding "and" are omitted.

180 In section 89 (restriction on imposing imprisonment etc. on persons under 21), for each mention of "under 21" (including the mention in the sidenote) there is substituted "under 18".

181 In section 91 (offenders under 18 convicted of certain serious offences), in subsections (1)(a) and (3), for "21" there is substituted "18".

182 Sections 93 to 98 (custody for life and detention in a young offender institution) are omitted.

183 In section 99 (conversion of sentence of detention or custody to sentence of imprisonment), subsection (2) is omitted.

184 In section 100(1) (offenders under 18: detention and training orders), for "91 and 93" there is substituted "and 91" and for "21" there is substituted "18".

185 In section 101(2) (term of order, consecutive terms and taking account of remands), for "21" there is substituted "18".

186 In section 105(1)(a) (offences during currency of order), for "21" there is substituted "18".

187 In section 106 (interaction of sentences of detention in a young offender institution)--

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