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Criminal Justice Act 1988 (c. 33)(The document as of February, 2008) Page 7 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 (e) any offence under section 2 (causing explosion likely to endanger life or property) or 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property) of the [1883 c. 3.] Explosive Substances Act 1883; (f) an offence under section 16 (possession of firearm with intent to injure), 17 (use of firearm to resist arrest), 18 (carrying firearm with criminal intent), 19 (carrying firearm in a public place) or 20 (trespassing with firearm) of the [1968 c. 27.] Firearms Act 1968; (g) an offence under section 1 (riot), 2 (violent disorder) or 3 (affray) of the [1986 c. 64.] Public Order Act 1986; (h) mobbing; (j) kidnapping; (k) false imprisonment; (l) abduction; (m) trespass on a railway; and (n) any attempt to commit an offence mentioned in this subsection. (4) For the purposes of this Part of this Act, a person's conduct shall be treated as constituting an offence notwithstanding that he may not be convicted of the offence by reason of age, insanity or diplomatic immunity. 110 Qualifying injuries(1) Compensation for a criminal injury shall only be payable under this Part of this Act if the injury is a qualifying injury. (2) A criminal injury is only a qualifying injury if it is sustained-- (a) in Great Britain; (b) within the limits of the territorial waters adjacent to the United Kingdom; (c) on board a British ship, a British aircraft or a British hovercraft; (d) on, under or above an installation in a designated area within the meaning of section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964 or any waters within 500 metres of such an installation; or (e) on, under or above any waters in respect of which an Order in Council made under section 23 of the [1982 c. 23.] Oil and Gas (Enterprise) Act 1982 provides that questions arising from acts or omissions on, under or above such waters are to be determined in accordance with the law of England and Wales or the law of Scotland. (3) In subsection (2) above--
(a) any vessel used in navigation which is owned wholly by persons of the following descriptions, namely-- (i) British citizens; and (ii) bodies corporate incorporated under the law of some part of, and having their principal place of business in, the United Kingdom; or (b) one of Her Majesty's ships. (4) The references to Her Majesty's aircraft, hovercraft and ships in subsection (3) above are references to aircraft, hovercraft or ships which belong to, or are exclusively used in the service of, Her Majesty in right of the government of the United Kingdom. (5) Where any injury which is a criminal injury by virtue of section 109(1)(a) above is sustained by a person not under the age of 18 years who, when he sustains the injury, is living in the same household as the person or, if more than one, any of the persons, responsible for causing it, that injury is not a qualifying injury unless-- (a) the Board are satisfied in relation to the person responsible for causing the injury or, where more than one person is responsible for causing it, each of the persons responsible who was living in the same household as the person injured when the injury was sustained-- (i) that he has been prosecuted in connection with the injury; or (ii) that there is a sufficient reason why he has not been prosecuted; and (b) the Board are satisfied-- (i) that the person injured has ceased to live, and does not intend to live again, in the same household as the person responsible for causing the injury or, where more than one person is responsible for causing it, any of the persons responsible who was living in the same household as the person injured when the injury was sustained; or (ii) that the person injured has not so ceased to live but that the reason why he has not so ceased to live is that circumstances prevent him from doing so. (6) Where a person accidentally sustains an injury which is a criminal injury only by virtue of section 109(1)(b) above, that injury is not a qualifying injury unless the Board are satisfied that the risk he was taking when he was injured was an exceptional risk which was justified in all the circumstances. (7) Where any criminal injury is sustained in circumstances such that compensation in respect of the injury is payable-- (a) under any policy of insurance maintained in pursuance of Part VI of the [1972 c. 20.] Road Traffic Act 1972 (compulsory insurance in relation to the use of a motor vehicle on a road); or (b) under any arrangements for the compensation of victims of uninsured or unidentified drivers to which the Secretary of State is a party; that injury is not a qualifying injury. (8) Any reference in this section to a person who is responsible for causing an injury includes, where the injury is a criminal injury by virtue of an offence, a reference to any person who is a party to the commission of that offence. 111 Awards of compensation(1) An award of compensation may be made-- (a) to any person who satisfies the Board that he has sustained a qualifying injury; (b) to any person who satisfies the Board that he is a dependant of a person who died after sustaining a qualifying injury (whether or not he died as a result of it); and in this subsection "satisfies" means satisfies on a balance of probabilities. (2) The heads of compensation are those specified in subsections (3) to (6) below. (3) An award may be made under subsection (1)(a) above-- (a) for the injury; and (b) for any loss of or damage to property of the claimant which occurred in the course of his sustaining the injury, but compensation shall only be payable under paragraph (b) above if he relied on the property as a physical aid and for damage only if the damage impaired the utility of the property as a physical aid and shall only be for the cost of replacing it with other property of equal utility as a physical aid or carrying out repairs to restore its utility as a physical aid. (4) If a person dies as a result of a qualifying injury-- (a) an award of compensation for funeral expenses may be made to any person other than a public authority but shall not exceed a reasonable amount; (b) where a claim falls to be determined in accordance with the rules of the law of England and Wales, an award of compensation for bereavement may be made to any person falling within section 1A(2) of the [1976 c. 30.] Fatal Accidents Act 1976; (c) where a claim falls to be determined in accordance with the rules of the law of Scotland, an award of compensation for loss of society may be made to any person who is a member of the deceased's immediate family within the meaning of section 10(2) of the [1976 c. 13.] Damages (Scotland) Act 1976; and (d) an award may be made to a dependant of the deceased (whether or not an award is made to him or to any other person under paragraph (a), (b) or (c) above) in respect of any loss of support suffered by the dependant. (5) Subject to subsection (8) below, if a person who has sustained a qualifying injury dies otherwise than as a result of it, the Board may award compensation to a dependant of his in respect of any loss which he has suffered by reason-- (a) of any reduction in earnings (not being prospective earnings) by the deceased; and (b) of any expenses and liabilities incurred by the deceased as a result of the injury. (6) If-- (a) a woman is awarded compensation for rape; and (b) she has given birth to a child conceived as a result of the rape; and (c) at the time of the award she intends to keep the child, the Board shall award her the additional statutory sum in respect of each child so conceived that she then intends to keep. (7) The Board may make an interim award, but without prejudice to their powers on a final determination. (8) If a person who has sustained a qualifying injury dies otherwise than as a result of it, the Board may not award compensation to a dependant of his if before he died he became entitled, otherwise than on an interim award, to a payment of compensation in respect of it. (9) If-- (a) a deceased person was entitled to payment of compensation for an injury; and (b) a claim for compensation for the same injury is made by one of his dependants, any compensation awarded to the dependant shall be reduced by the amount of the compensation to payment of which the deceased was entitled; and proportionate reductions shall be made on awards to two or more dependants. (10) Where a person has been awarded compensation by the Board in respect of a qualifying injury sustained by him, he may be awarded further compensation in respect of the injury if the Board are satisfied-- (a) that since the date of the previous award his medical condition has deteriorated as a result of having sustained the injury; and (b) that the extent to which his condition has so deteriorated is such that it would be unjust not to make an award of further compensation to him in respect of the injury. (11) In this Part of this Act--
(12) The Secretary of State may by order made by statutory instrument substitute a different sum for the sum specified in subsection (11) above. (13) A statutory instrument containing an order under subsection (12) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. 112 Powers to withhold and reduce compen-sation(1) It is for the claimant to satisfy the Board, on a balance of probabilities-- (a) that he took all reasonable steps within a reasonable time to inform the police, or such other authority as the Board consider appropriate, of the circumstances of the injury to which the claim relates and that he has co-operated fully with the police, or with such other authority as the Board consider appropriate, in bringing to justice any person responsible for causing the injury; (b) that he has given the Board, or such other authority as the Board consider appropriate, all the assistance in connection with the claim which it is reasonable for him to give; and (c) that there is no possibility that a person responsible for causing the injury will benefit from an award, and if a claimant fails so to satisfy the Board, they may, if they think fit, refuse an award or award less than they would otherwise have awarded. (2) The Board may also, if they think fit, refuse an award or award less than they would otherwise have awarded because of any of the following-- (a) criminal convictions or unlawful conduct of the claimant; (b) conduct on his part connected with the injury. (3) The references to convictions and conduct in subsection (2) above are references to convictions and conduct at any time, including a time after the injury. (4) Where the person who sustained the injury is dead, the references to the claimant in subsections (1)(a) and (b) and (2) above shall include references to the person who sustained that injury. (5) Where an injury which is a criminal injury by virtue of section 109(1)(a) above is sustained by a person who, when he sustained it-- (a) was under the age of 18 years; and (b) was living in the same household as the person or, if more than one, any of the persons, responsible for causing it, the Board shall consider whether, in all the circumstances, it is in the interest of the person who sustained the injury to make an award of compensation to him and shall not make an award unless they are satisfied that it is in his interest. 113 Right of appeal(1) If the Board have determined a claim after hearing, an appeal on any ground which involves a question of law alone shall lie-- (a) to the High Court if they determined it under the law of England and Wales; and (b) to the Court of Session if they determined it under the law of Scotland. (2) No appeal to the Court of Appeal shall be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal. (3) An appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section, and such leave may be given on such terms as to costs or otherwise as the Court of Session or the House of Lords may determine. 114 Minimum awards(1) The Secretary of State may by order provide that the Board shall not make any award of compensation, other than an award in respect of funeral expenses, which is less than the minimum amount specified in the order. (2) An order under this section may make different provision for different cases or classes of case. (3) An order under this section shall be made by statutory instrument. (4) A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament. 115 Reimbursement and recovery(1) Where-- (a) a person has been convicted in England or Wales of an offence; and (b) the Board have made an award of compensation in respect of an injury which is a criminal injury by virtue of the offence, proceedings may be brought by the Board in a county court for an order for the repayment by the offender to the Board of the whole of the award or such part of it as the court thinks fit. (2) The Board shall only make an application for an order under subsection (1) above if they have reason to believe that the offender is able to pay the whole or a substantial part of the award. (3) In considering whether to make an order under subsection (1) above, the court shall have regard to the financial position of the offender and to such other matters (not including the question whether he was properly convicted) as the court considers relevant. (4) Where after an award of compensation under this Part of this Act has been made to a person he receives any payment which, had he received it before the making of the award, would, under any provision contained in Schedule 7 to this Act, have led to any reduction in the amount of compensation payable to him he shall be liable to repay to the Board a sum equal to the amount of that reduction. (5) The Board may set-off any sum owed to them by any person by virtue of subsection (4) above against any compensation under this Part of this Act to which that person is or becomes entitled. (6) Where by virtue of any order under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (compensation orders against convicted persons) compensation is required to be paid for any personal injury, loss or damage which the Board are satisfied has been the subject of compensation under this Part of this Act, they may by notice require the magistrates' court for the time being having functions in relation to the enforcement of that order to pay to them any amount recovered in pursuance of that order in respect of any such personal injury, loss or damage. 116 Reimbursement and recovery in Scotland(1) Where any person has been convicted in Scotland of an offence and the Board have made an award of compensation in respect of an injury which is a criminal injury by virtue of the offence, the sheriff may, on a summary application made by the Board, require the offender to reimburse to the Board the whole or any specified part of the award. (2) In considering whether to make an order under subsection (1) above the sheriff shall have regard to the financial position of the offender and to such other matters (not including the question whether he was properly convicted) as the sheriff considers relevant. (3) The Board shall only make an application for an order under subsection (1) above if they have reason to believe that the offender is able to pay the whole or a substantial part of the award. (4) Section 115(4) and (5) above shall have effect in relation to Scotland. (5) Where by virtue of an order under section 58 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (compensation orders against convicted persons) compensation is required to be paid for any personal injury, loss or damage for which the person in whose favour the order is made has been compensated by an award under this Part of this Act, the Board may by notice require the clerk of the court having power to enforce the order to pay to them any amount recovered in pursuance of the order in respect of any such personal injury, loss or damage. 117 Inalienability of compensation awardsEvery assignment or in Scotland assignation of, or charge on, an award of compensation under this Part of this Act and every agreement to assign or charge such an award shall be void; and, on the bankruptcy of a person in whose favour an award is made or in Scotland the sequestration of such a person's estate, the award shall not pass to any trustee or other person acting on behalf of his creditors. Part VIII Amendments of Law Relating to Juries118 Abolition of peremptory challenge(1) The right to challenge jurors without cause in proceedings for the trial of a person on indictment is abolished. (2) In addition and without prejudice to any powers which the Crown Court may possess to order the exclusion of the public from any proceedings a judge of the Crown Court may order that the hearing of a challenge for cause shall be in camera or in chambers. 119 Persons aged between 65 and 70 to be eligible as jurors(1) In section 1 of the [1974 c. 23.] Juries Act 1974 (qualification for jury service) for "sixty-five" there shall be substituted "seventy". (2) The following shall be inserted at the beginning of Part III of Schedule 1 to that Act (persons excusable from jury service as of right)-- " General Persons more than sixty-five years of age. "120 Discretionary deferral of jury serviceThe following section shall be inserted after section 9 of the Juries Act 1974-- " 9A Discretionary deferral(1) If any person summoned under this Act shows to the satisfaction of the appropriate officer that there is good reason why his attendance in pursuance of the summons should be deferred, the appropriate officer may defer his attendance, and, if he does so, he shall vary the days on which that person is summoned to attend and the summons shall have effect accordingly. (2) If an application under subsection (1) above has been granted or refused, the powers conferred by that subsection may not be exercised subsequently in relation to the same summons. (3) Crown Court Rules shall provide a right of appeal to the court (or one of the courts) before which the person is summoned to attend against any refusal of the appropriate officer to defer his attendance under subsection (1) above. (4) Without prejudice to the preceding provisions of this section, the court (or any of the courts) before which a person is summoned to attend under this Act may defer his attendance. " . 121 Continuation of trials for murder on death or discharge of jurorIn section 16(2) of the [1974 c. 23.] Juries Act 1974 (cases where trial not to proceed on death or discharge of juror without assent of prosecution and accused) the words "for murder or" shall cease to have effect. 122 Autrefois acquit and autrefois convictWhere an accused pleads autrefois acquit or autrefois convict it shall be for the judge, without the presence of a jury, to decide the issue. Part IX Young Offenders123 Custodial sentences for young offenders(1) Part I of the [1982 c. 48.] Criminal Justice Act 1982 shall be amended as mentioned in subsections (2) to (5) below. (2) The following subsection shall be inserted after subsection (3) of section 1-- " (3A) Subject to section 53 of the [1933 c. 12.] Children and Young Persons Act 1933 (punishment of certain grave crimes), the only custodial orders that a court may make where a person under 21 years of age is convicted or found guilty of an offence are-- (a) a sentence of detention in a young offender institution under section 1A below; and (b) a sentence of custody for life under section 8 below. " . (3) The following subsections shall be substituted for subsection (4) of that section-- " (4) A court may not-- (a) pass a sentence of detention in a young offender institution; or (b) pass a sentence of custody for life under section 8(2) below, unless it is satisfied-- (i) that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and (ii) that he qualifies for a custodial sentence. (4A) An offender qualifies for a custodial sentence if-- (a) he has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to them; or (b) only a custodial sentence would be adequate to protect the public from serious harm from him; or (c) the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified. " . (4) The following sections shall be inserted after section 1-- " 1A Detention in a young offender institution(1) Subject to section 8 below and to section 53 of the Children and Young Persons Act 1933, where-- (a) a male offender under 21 but not less than 14 years of age or a female offender under 21 but not less than 15 years of age is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over; and (b) the court is satisfied of the matters referred to in section 1(4) above, the sentence that the court is to pass is a sentence of detention in a young offender institution. (2) Subject to section 1B(1) and (2) below, the maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for that offence. (3) Subject to subsection (4) below and section 1B(3) below, a court shall not pass a sentence for an offender's detention in a young offender institution for less than 21 days. (4) A court may pass a sentence of detention in a young offender institution for less than 21 days for an offence under section 15(11) below. (5) Subject to section 1B(4) below, where-- (a) an offender is convicted of more than one offence for which he is liable to a sentence of detention in a young offender institution; or (b) an offender who is serving a sentence of detention in a young offender institution is convicted of one or more further offences for which he is liable to such a sentence, the court shall have the same power to pass consecutive sentences of detention in a young offender institution as if they were sentences of imprisonment. (6) Where an offender who-- (a) is serving a sentence of detention in a young offender institution; and (b) is aged over 21 years, is convicted of one or more further offences for which he is liable to imprisonment, the court shall have the power to pass one or more sentences of imprisonment to run consecutively upon the sentence of detention in a young offender institution. 1B Special provision for offenders under 17(1) In the case of a male offender under 15 the maximum term of detention in a young offender institution that a court may impose is whichever is the lesser of-- (a) the maximum term of imprisonment the court may impose for the offence; and (b) 4 months. (2) In the case of an offender aged 15 or 16 the maximum term of detention in a young offender institution that a court may impose is whichever is the lesser of-- (a) the maximum term of imprisonment the court may impose for the offence; and (b) 12 months. (3) Where an offender is a female under 17 a court shall not pass a sentence for her detention in a young offender institution whose effect would be that she would be sentenced to a total term of four months or less. (4) A court shall not pass a sentence of detention in a young offender institution on an offender whose effect would be that the offender would be sentenced to a total term which exceeds-- (a) if the offender is male and under 15, 4 months; and (b) if the offender is aged 15 or 16, 12 months. (5) Where the total term of detention in a young offender institution to which an offender is sentenced exceeds-- (a) in the case of a male offender under 15, 4 months; and (b) in the case of an offender aged 15 or 16, 12 months, so much of the term as exceeds 4 or 12 months, as the case may be, shall be treated as remitted. (6) In this section "total term" means-- (a) in the case of an offender sentenced (whether or not on the same occasion) to two or more terms of detention in a young offender institution which are consecutive or wholly or partly concurrent, the aggregate of those terms; (b) in the case of any other offender, the term of the sentence of detention in a young offender institution in question. 1C Accommodation of offenders sentenced to detention in a young offender institution(1) Subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc.), an offender sentenced to detention in a young offender institution shall be detained in such an institution unless a direction under this section is in force in relation to him. (2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offender institution shall be detained in a prison or remand centre instead of a young offender institution, but if he is under 17 at the time of the direction, only for a temporary purpose. " . (5) The following subsection shall be substituted for section 2(4)-- " (4) Where-- (a) the Crown Court passes a sentence of detention in a young offender institution or a sentence of custody for life under section 8(2) below, or (b) a magistrates' court passes a sentence of detention in a young offender institution, it shall be its duty-- (i) to state in open court that it is satisfied that he qualifies for a custodial sentence under one or more of the paragraphs of section 1(4A) above, the paragraph or paragraphs in question and why it is so satisfied; and (ii) to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him. " . (6) The amendments and transitional provisions in Schedule 8 to this Act shall have effect. 124 Detention of young offenders in Scotland(1) In each of sections 207 and 415 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 for subsections (5) to (10) there shall be substituted the following subsection-- " (5) A sentence of detention imposed under this section shall be a sentence of detention in a young offenders institution. " . (2) Subject to subsection (3) below, in any enactment-- (a) for a reference to a detention centre there shall be substituted a reference to a young offenders institution; and (b) for a reference (however expressed) to a detention centre order there shall be substituted a reference to a sentence of detention in a young offenders institution. (3) Nothing in subsection (2) above applies-- (a) to section 21 of the [1968 c. 27.] Firearms Act 1968; (b) to Part I of Schedule I to the [1980 c. 55.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1980; (c) to section 41(2) of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980. (4) The amendments and transitional provisions in Schedule 9 to this Act shall have effect. 125 Abolition of power of court to commit juvenile to remand centre instead of local authority care. 1969 c. 54Section 22(5) of the Children and Young Persons Act 1969 shall cease to have effect. 126 Amendment of section 53(2) of Children and Young Persons Act 1933The following words shall be substituted for the words in section 53(2) of the [1933 c. 12.] Children and Young Persons Act 1933 (punishment of certain grave offences) from the beginning of the subsection to "law"-- " (2) Where-- (a) a young person is convicted on indictment of any offence punishable in the case of an adult with imprisonment for fourteen years or more, not being an offence the sentence for which is fixed by law; or (b) a child is convicted of manslaughter, " 127 Payment of fine by parent or guardianThe following subsection shall be inserted after subsection (1) of section 55 of the Children and Young Persons Act 1933 (power to order parent or guardian to pay fine etc.)-- " (1A) Where but for this subsection-- (a) a court would order a child or young person to pay a fine under section 15(2A) of the Children and Young Persons Act l969 (failure to comply with requirement included in supervision order); or (b) a court would impose a fine on a young person under section 16(3) of the Powers of Criminal Courts Act l973 (breach of requirements of community service order), it shall be the duty of the court to order that the fine be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied-- (i) that the parent or guardian cannot be found; or (ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case. " . 128 Supervision(1) The sections set out in Part I of Schedule 10 to this Act shall be substituted for section 12 of the Children and Young Persons Act 1969. (2) The Act shall in consequence have effect with the amendments specified in Part II of that Schedule. (3) Section 15 shall also have effect with the amendments specified in Part III. (4) The section set out in Part IV shall be inserted after section 16. 129 Signature of orders relating to detention of young offendersThe words "or, in the case of a direction under section 53(1) or (2) above, of any authorised officer" shall be added at the end of section 106(1) of the Children and Young Persons Act 1933 (orders to be under hand of the Secretary of State or of an Under-Secretary or Assistant Under-Secretary of State). 130 Computation of sentence--time passed in care of local authority in accommodation provided for restricting liberty. 1967 c. 80(1) At the end of section 67(1A) of the Criminal Justice Act 1967 there shall be added the words " or-- (c) any period during which, in connection with the offence for which the sentence was passed, he was in the care of a local authority by virtue of an order under section 23 of the Children and Young Persons Act 1969 and in accommodation provided for the purpose of restricting liberty. " . (2) This section shall not have effect in relation to any sentence imposed before it comes into force. Part X Probation and the Probation Service, Etc.131 Bail: hostel conditions(1) In section 3 of the [1976 c. 63.] Bail Act 1976 (grant of bail) the following subsection shall be inserted after subsection (6)-- " (6ZA) Where he is required under subsection (6) above to reside in a bail hostel or probation hostel, he may also be required to comply with the rules of the hostel. " . (2) In paragraph 8 of Schedule 1 to that Act (restrictions on bail conditions) at the end of sub-paragraph (1) there shall be added the words "or, where the condition is that the defendant reside in a bail hostel or probation hostel, that it is necessary to impose it to assess his suitability for being dealt with for the offence in a way which would involve a period of residence in a probation hostel.". 132 Administration of the probation service etcPages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 -- Back --
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