Criminal Justice Act 2003 (c. 44)

(The document as of February, 2008)

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(b) for this purpose, shall vary the dates upon which that member is summoned to attend and the summons shall have effect accordingly.

(1B) This subsection applies if that member's commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty.

(1C) Nothing in subsection (1A) or (1B) above shall affect the application of subsection (1) above to a full-time serving member of Her Majesty's naval, military or air forces in a case where subsection (1B) does not apply. "

9 For section 9A(2) (discretionary deferral) there is substituted--

" (2) The attendance of a person in pursuance of a summons shall not be deferred under subsection (1) or (1A) above if subsection (2A) or (2B) below applies. "

10 After section 9A(2) (discretionary deferral) there is inserted--

" (2A) This subsection applies where a deferral of the attendance of the person in pursuance of the summons has previously been made or refused under subsection (1) above or has previously been made under subsection (1A) above.

(2B) This subsection applies where--

(a) the person is a full-time serving member of Her Majesty's naval, military or air forces, and

(b) in addition to certifying to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty, that member's commanding officer certifies that this position is likely to remain for any period specified for the purpose of this subsection in guidance issued under section 9AA of this Act. "

11 In section 9A(3) (discretionary deferral) after "above" there is inserted "or any failure by the appropriate officer to defer his attendance as required by subsection (1A) above".

12 After section 9A (discretionary deferral) there is inserted--

" 9AA Requirement to issue guidance

(1) The Lord Chancellor shall issue guidance as to the manner in which the functions of the appropriate officer under sections 9 and 9A of this Act are to be exercised.

(2) The Lord Chancellor shall--

(a) lay before each House of Parliament the guidance, and any revised guidance, issued under this section, and

(b) arrange for the guidance, or revised guidance, to be published in a manner which he considers appropriate. "

13 In section 19 (payment for jury service), after subsection (1) there is inserted--

" (1A) The reference in subsection (1) above to payments by way of allowance for subsistence includes a reference to vouchers and other benefits which may be used to pay for subsistence, whether or not their use is subject to any limitations. "

14 In section 20 (offences), for subsection (5)(d) there is substituted--

" (d) knowing that he is disqualified under Part 2 of Schedule 1 to this Act, serves on a jury; "

15 For Schedule 1 (ineligibility and disqualification for and excusal from jury service) there is substituted--

" SCHEDULE 1 Mentally disordered persons and persons disqualified for jury service

Part 1 Mentally disordered persons

1 A person who suffers or has suffered from mental illness, psychopathic disorder, mental handicap or severe mental handicap and on account of that condition either--

(a) is resident in a hospital or similar institution; or

(b) regularly attends for treatment by a medical practitioner.

2 A person for the time being under guardianship under section 7 of the Mental Health Act 1983.

3 A person who, under Part 7 of that Act, has been determined by a judge to be incapable, by reason of mental disorder, of managing and administering his property and affairs.

4 (1) In this Part of this Schedule--

(a) "mental handicap" means a state of arrested or incomplete development of mind (not amounting to severe mental handicap) which includes significant impairment of intelligence and social functioning;

(b) "severe mental handicap" means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning;

(2) For the purposes of this Part a person is to be treated as being under guardianship under section 7 of the Mental Health Act 1983 at any time while he is subject to guardianship pursuant to an order under section 116A(2)(b) of the Army Act 1955, section 116A(2)(b) of the Air Force Act 1955 or section 63A(2)(b) of the Naval Discipline Act 1957.

Part 2 Persons disqualified

5 A person who is on bail in criminal proceedings (within the meaning of the Bail Act 1976).

6 A person who has at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man--

(a) to imprisonment for life, detention for life or custody for life,

(b) to detention during her Majesty's pleasure or during the pleasure of the Secretary of State,

(d) to an extended sentence under section 227 or 228 of the Criminal Justice Act 2003 or section 210A of the Criminal Procedure (Scotland) Act 1995, or

(e) to a term of imprisonment of five years or more or a term of detention of five years or more.

7 A person who at any time in the last ten years has--

(a) in the United Kingdom, the Channel Islands or the Isle of Man--

(i) served any part of a sentence of imprisonment or a sentence of detention, or

(ii) had passed on him a suspended sentence of imprisonment or had made in respect of him a suspended order for detention,

(b) in England and Wales, had made in respect of him a community order under section 177 of the Criminal Justice Act 2003, a community rehabilitation order, a community punishment order, a community punishment and rehabilitation order, a drug treatment and testing order or a drug abstinence order, or

(c) had made in respect of him any corresponding order under the law of Scotland, Northern Ireland, the Isle of Man or any of the Channel Islands.

8 For the purposes of this Part of this Schedule--

(a) a sentence passed by a court-martial is to be treated as having been passed in the United Kingdom, and

(b) a person is sentenced to a term of detention if, but only if--

(i) a court passes on him, or makes in respect of him on conviction, any sentence or order which requires him to be detained in custody for any period, and

(ii) the sentence or order is available only in respect of offenders below a certain age,

and any reference to serving a sentence of detention is to be construed accordingly. "

Section 324

SCHEDULE 34 Parenting orders and referral orders

Crime and Disorder Act 1998 (c. 37)

1 In section 8 of the Crime and Disorder Act 1998 (parenting orders), in subsection (2) the words from "and to section 19(5)" to "2000" shall cease to have effect.

2 (1) Section 9 of that Act (parenting orders: supplemental) is amended as follows.

(2) For subsection (1A) there is substituted--

" (1A) The requirements of subsection (1) do not apply where the court makes a referral order in respect of the offence. "

(3) After subsection (2) there is inserted--

" (2A) In a case where a court proposes to make both a referral order in respect of a child or young person convicted of an offence and a parenting order, before making the parenting order the court shall obtain and consider a report by an appropriate officer--

(a) indicating the requirements proposed by that officer to be included in the parenting order;

(b) indicating the reasons why he considers those requirements would be desirable in the interests of preventing the commission of any further offence by the child or young person; and

(2B) In subsection (2A) above "an appropriate officer" means--

(a) an officer of a local probation board;

(b) a social worker of a local authority social services department; or

(4) After subsection (7) there is inserted--

" (7A) In this section "referral order" means an order under section 16(2) or (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral of offender to youth offender panel). "

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

3 In section 19(5) of the Powers of Criminal Courts (Sentencing) Act 2000 (orders that cannot be made with referral orders)--

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

(b) paragraph (c) (parenting orders) and the word "or" immediately preceding it shall cease to have effect.

4 In section 22 of that Act (referral orders: attendance at panel meetings), after subsection (2) there is inserted--

" (2A) If--

(a) a parent or guardian of the offender fails to comply with an order under section 20 above (requirement to attend the meetings of the panel), and

(b) the offender is aged under 18 at the time of the failure,

the panel may refer that parent or guardian to a youth court acting for the petty sessions area in which it appears to the panel that the offender resides or will reside. "

5 (1) Section 28 of that Act (which introduces Schedule 1) is amended as follows.

(2) In the sidenote, for "Offender referred back to court or" there is substituted "Offender or parent referred back to court: offender".

(3) After paragraph (a) there is inserted--

" (aa) in Part 1A makes provision for what is to happen when a youth offender panel refers a parent or guardian to the court under section 22(2A) above, and " .

6 In Schedule 1 to that Act (youth offender panels: further court proceedings), after Part 1 there is inserted--

" Part 1a referral of parent or guardian for breach of section 20 order

Introductory

9A (1) This Part of this Schedule applies where, under section 22(2A) of this Act, a youth offender panel refers an offender's parent or guardian to a youth court.

(2) In this Part of this Schedule--

(a) "the offender" means the offender whose parent or guardian is referred under section 22(2A);

(b) "the parent" means the parent or guardian so referred; and

Mode of referral to court

9B The panel shall make the referral by sending a report to the youth court explaining why the parent is being referred to it.

Bringing the parent before the court

9C (1) Where the youth court receives such a report it shall cause the parent to appear before it.

(2) For the purpose of securing the attendance of the parent before the court, a justice acting for the petty sessions area for which the court acts may--

(a) issue a summons requiring the parent to appear at the place and time specified in it; or

(b) if the report is substantiated on oath, issue a warrant for the parent's arrest.

(3) Any summons or warrant issued under sub-paragraph (2) above shall direct the parent to appear or be brought before the youth court.

Power of court to make parenting order: application of supplemental provisions

9D (1) Where the parent appears or is brought before the youth court under paragraph 9C above, the court may make a parenting order in respect of the parent if--

(a) it is proved to the satisfaction of the court that the parent has failed without reasonable excuse to comply with the order under section 20 of this Act; and

(b) the court is satisfied that the parenting order would be desirable in the interests of preventing the commission of any further offence by the offender.

(2) A parenting order is an order which requires the parent--

(a) to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and

(b) subject to sub-paragraph (4) below, to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.

(3) The requirements that may be specified under sub-paragraph (2)(a) above are those which the court considers desirable in the interests of preventing the commission of any further offence by the offender.

(4) A parenting order under this paragraph may, but need not, include a requirement mentioned in subsection (2)(b) above in any case where a parenting order under this paragraph or any other enactment has been made in respect of the parent on a previous occasion.

(5) A counselling or guidance programme which a parent is required to attend by virtue of subsection (2)(b) above may be or include a residential course but only if the court is satisfied--

(a) that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the commission of any further offence by the offender, and

(b) that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.

(6) Before making a parenting order under this paragraph where the offender is aged under 16, the court shall obtain and consider information about his family circumstances and the likely effect of the order on those circumstances.

(7) Sections 8(3) and (8), 9(3) to (7) and 18(3) and (4) of the Crime and Disorder Act 1998 apply in relation to a parenting order made under this paragraph as they apply in relation to any other parenting order.

Appeal

9E (1) An appeal shall lie to the Crown Court against the making of a parenting order under paragraph 9D above.

(2) Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998 (appeals against parenting orders) apply in relation to an appeal under this paragraph as they apply in relation to an appeal under subsection (1)(b) of that section.

Effect on section 20 order

9F (1) The making of a parenting order under paragraph 9D above is without prejudice to the continuance of the order under section 20 of this Act.

(2) Section 63(1) to (4) of the Magistrates' Courts Act 1980 (power of magistrates' court to deal with person for breach of order, etc) apply (as well as section 22(2A) of this Act and this Part of this Schedule) in relation to an order under section 20 of this Act. "

Section 328

SCHEDULE 35 Criminal record certificates: amendments of Part 5 of Police Act 1997

1 The Police Act 1997 (c. 50) is amended as follows.

2 In section 112 (criminal conviction certificates), in subsection (1)(a), after "prescribed" there is inserted "manner and".

3 (1) Section 113 (criminal record certificates) is amended as follows.

(2) In subsection (1)--

(a) at the beginning there is inserted "Subject to subsection (4A)",

(b) in paragraph (a), after "prescribed" there is inserted "manner and", and

(3) After subsection (4) there is inserted--

" (4A) The Secretary of State may treat an application under this section as an application under section 115 if--

(a) in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b) the registered person provides him with the statement required by subsection (2) of that section, and

(c) the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under section 115 exceeds the fee paid in relation to the application under this section. " .

4 (1) Section 115 (enhanced criminal record certificates) is amended as follows.

(2) In subsection (1)--

(a) at the beginning there is inserted "Subject to subsection (9A),",

(b) in paragraph (a), after "prescribed" there is inserted "manner and", and

(3) In subsection (2), for paragraphs (a) to (c) there is substituted "for such purposes as may be prescribed under this subsection".

(4) Subsections (3) to (5) and subsections (6C) to (6E) are omitted.

(5) After subsection (9) there is inserted--

" (9A) The Secretary of State may treat an application under this section as an application under section 113 if in his opinion the certificate is not required for a purpose prescribed under subsection (2).

(9B) Where by virtue of subsection (9A) the Secretary of State treats an application under this section as an application under section 113, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113. "

5 In section 116 (enhanced criminal record certificates: judicial appointments and Crown employment), in subsection (2)(b), for the words from "to which" onwards there is substituted "of such description as may be prescribed".

6 (1) Section 120 (registered persons) is amended as follows.

(2) For subsection (2) there is substituted--

" (2) Subject to regulations under section 120ZA and 120AA and to section 120A the Secretary of State shall include in the register any person who--

(a) applies to him in writing to be registered,

(b) satisfies the conditions in subsections (4) to (6), and

(c) has not in the period of two years ending with the date of the application been removed from the register under section 120A or 120AA. "

(3) Subsection (3) is omitted.

7 After section 120 there is inserted--

" 120ZA Regulations about registration

(1) The Secretary of State may by regulations make further provision about registration.

(2) Regulations under this section may in particular make provision for--

(a) the payment of fees,

(b) the information to be included in the register,

(d) the nomination by--

(i) a body corporate or unincorporate, or

(ii) a person appointed to an office by virtue of any enactment,

of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part, and

(e) the refusal by the Secretary of State, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised.

(3) The provision which may be made by virtue of subsection (2)(c) includes provision--

(a) for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Secretary of State thinks fit, and

(b) for the Secretary of State to vary or revoke those conditions.

(4) The conditions imposed by virtue of subsection (2)(c) may in particular include conditions--

(a) requiring a registered person, before he countersigns an application at an individual's request, to verify the identity of that individual in the prescribed manner,

(b) requiring an application under section 113 or 115 to be transmitted by electronic means to the Secretary of State by the registered person who countersigns it, and

8 At the end of the sidenote to section 120A (refusal and cancellation of registration) there is inserted "on grounds related to disclosure".

9 After section 120A there is inserted--

" 120AA Refusal, cancellation or suspension of registration on other grounds

(1) Regulations may make provision enabling the Secretary of State in prescribed cases to refuse to register a person who, in the opinion of the Secretary of State, is likely to countersign fewer applications under this Part in any period of twelve months than a prescribed minimum number.

(2) Subsection (3) applies where a registered person--

(a) is, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under this Part,

(b) has, in any period of twelve months during which he was registered, countersigned fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

(3) Subject to section 120AB, the Secretary of State may--

(a) suspend that person's registration for such period not exceeding 6 months as the Secretary of State thinks fit, or

(b) remove that person from the register.

120AB Procedure for cancellation or suspension under section 120AA

(1) Before cancelling or suspending a person's registration by virtue of section 120AA, the Secretary of State must send him written notice of his intention to do so.

(2) Every such notice must--

(a) give the Secretary of State's reasons for proposing to cancel or suspend the registration, and

(b) inform the person concerned of his right under subsection (3) to make representations.

(3) A person who receives such a notice may, within 21 days of service, make representations in writing to the Secretary of State as to why the registration should not be cancelled or suspended.

(4) After considering such representations, the Secretary of State must give the registered person written notice--

(a) that at the end of a further period of six weeks beginning with the date of service, the person's registration will be cancelled or suspended, or

(b) that he does not propose to take any further action.

(5) If no representations are received within the period mentioned in subsection (3) the Secretary of State may cancel or suspend the person's registration at the end of the period mentioned in that subsection.

(6) Subsection (1) does not prevent the Secretary of State from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.

(7) Any notice under this section that is required to be given in writing may be given by being transmitted electronically.

(8) This section does not apply where--

(a) the Secretary of State is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of countersigning applications under this Part, or

(b) the registered person has requested to be removed from the register.

(9) The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations. "

10 After section 122 there is inserted--

" 122A Delegation of functions of Secretary of State

(1) The Secretary of State may, to such extent and subject to such conditions as he thinks fit, delegate any relevant function of his under this Part to such person as he may determine.

(2) A function is relevant for the purposes of subsection (1) if it does not consist of a power--

(a) to make regulations, or

(b) to publish or revise a code of practice or to lay any such code before Parliament.

(3) A delegation under subsection (1) may be varied or revoked at any time. "

11 After section 124 (offences: disclosure) there is inserted--

" 124A Further offences: disclosure of information obtained in connection with delegated function

(1) Any person who is engaged in the discharge of functions conferred by this Part on the Secretary of State commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,--

(a) to another person engaged in the discharge of those functions,

(b) to the chief officer of a police force in connection with a request under this Part to provide information to the Secretary of State, or

(2) Where information is disclosed to a person and the disclosure--

(a) is an offence under subsection (1), or

(b) would be an offence under subsection (1) but for subsection (3)(a), (d) or (e),

the person to whom the information is disclosed commits an offence if he discloses it to any other person.

(3) Subsection (1) does not apply to a disclosure of information which is made--

(a) with the written consent of the person to whom the information relates,

(b) to a government department,

(d) in accordance with an obligation to provide information under or by virtue of any enactment, or

(e) for some other purpose specified in regulations made by the Secretary of State.

(4) A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both.

(5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months. "

12 In section 125 (regulations)--

(a) subsection (3) is omitted, and

(b) in subsection (4), the words "to which subsection (3) does not apply" are omitted.

Section 331

SCHEDULE 36 Further minor and consequential amendments

Part 1 Bail

Bail Act 1976 (c. 63)

1 The Bail Act 1976 is amended as follows.

2 (1) Section 5(6A)(a) (supplementary provisions about decisions on bail) is amended as follows.

(2) After "examination)" there is inserted ", section 52(5) of the Crime and Disorder Act 1998 (adjournment of proceedings under section 51 etc)".

(3) After sub-paragraph (ii) there is inserted--

" (iia) section 17C (intention as to plea: adjournment), or " .

(4) After sub-paragraph (iii) there is inserted " or

(iiia) section 24C (intention as to plea by child or young person: adjournment), " .

3 In Part 3 of Schedule 1 (interpretation) for paragraph 2 there is substituted--

" 2 References in this Schedule to previous grants of bail include--

(a) bail granted before the coming into force of this Act;

(b) as respects the reference in paragraph 2A of Part 1 of this Schedule (as substituted by section 14(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph;

(c) as respects the references in paragraph 6 of Part 1 of this Schedule (as substituted by section 15(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph;

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