Criminal Justice Act 1991 (c. 53)

(The document as of February, 2008)

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9 Section 72 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (supervision of children moving to England and Wales or to Northern Ireland) shall be amended as follows--

(a) in subsection (1)(b), for the words "to a juvenile court acting for the petty sessions area" there shall be substituted the following sub-paragraphs--

" (i) in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the [1969 c. 54.] Children and Young Persons Act 1969);

(ii) in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981). " ;

(b) in subsection (1A)--

(i) for the words "The juvenile court in England or Wales" there shall be substituted the words "A youth court";

(ii) after the word "12" there shall be inserted the words ", 12A, 12AA, 12B or 12C"; and

(iii) paragraph (a), and the word "and" immediately following that paragraph, shall cease to have effect;

(c) in subsection (2), for the words "The juvenile court in Northern Ireland" there shall be substituted the words "A juvenile court";

(d) in subsection (3), after the words "by a" there shall be inserted the words "youth court or, as the case may be"; and

(e) subsection (4) shall cease to have effect.

Part III Transfer of Probation Orders from Northern Ireland

10 (1) Where, in the case of an offender of or over the age of 16 years, a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, section 1 of the [1950 c. 7. (N.I.).] Probation Act (Northern Ireland) 1950 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection--

" (1A) A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside. "

(2) Where a probation order has been made by a court in Northern Ireland and--

(a) a court of summary jurisdiction acting for the petty sessions district in Northern Ireland for the time being specified in the order is satisfied that the offender has attained the age of 16 years and proposes to reside or is residing in England and Wales; and

(b) it appears to the court that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside,

the power of the court to amend the order under Schedule 2 to the [1950 c. 7. (N.I.).] Probation Act (Northern Ireland) 1950 shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a probation order in accordance with this paragraph, sections 2, 2A and 2B of the [1950 c. 7. (N.I.).] Probation Act (Northern Ireland) 1950 shall have effect as if--

(a) any reference to a probation officer were a reference to a probation officer assigned to the petty sessions area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force;

(b) the reference in section 2(2) to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a mental hospital within the meaning of paragraph 5 of Schedule 1A to the 1973 Act;

(c) the reference in section 2A(5) to the Probation Board for Northern Ireland were a reference to the probation committee for the area in which the premises are situated; and

(d) references in section 2B to a day centre were references to a probation centre within the meaning of paragraph 3 of Schedule 1A to the 1973 Act.

(4) A probation order made or amended in accordance with this paragraph shall specify the petty sessions area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.

11 (1) Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

(2) Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, then, subject to the following provisions of this paragraph--

(a) the order shall be treated as if it were a probation order made in England and Wales; and

(b) the provisions relating to such orders of the 1973 Act and Schedule 2 to this Act (except paragraphs 9 and 10) shall apply accordingly.

(3) Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language--

(a) the requirements of the 1973 Act relating to probation orders;

(b) the powers of the home court under that Act and Schedule 2 to this Act, as modified by this paragraph; and

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under section 1(5) of the [1950 c. 7. (N.I.).] Probation Act (Northern Ireland) 1950.

(4) The home court may exercise in relation to the probation order any power which it could exercise in relation to a probation order made by a court in England and Wales by virtue of the 1973 Act, except a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to this Act.

(5) If at any time while the 1973 Act applies by virtue of sub-paragraph (2) above to a probation order made in Northern Ireland it appears to the home court--

(a) on information to a justice of the peace acting for the petty sessions area for the time being specified in the order, that the offender has failed to comply with any of the requirements of the 1973 Act applicable to the order; or

(b) on the application of the offender or the probation officer, that it would be in the interests of justice for the power conferred by paragraph 1 of Schedule 2 to the Probation Act (Northern Ireland) 1950 to be exercised,

the home court may require the offender to appear before the court which made the order.

(6) Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court--

(a) may issue a warrant for his arrest; and

(b) may exercise any power which it could exercise in respect of the probation order if the offender resided in Northern Ireland,

and section 4(2) to (7) of the Probation Act (Northern Ireland) 1950 shall have effect accordingly.

(7) Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order--

(a) the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and

(b) a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

(8) In this paragraph "home court" means, if the offender resides in England and Wales, or will be residing there at the time when the order or the amendment to it comes into force, the court of summary jurisdiction acting for the petty sessions area in which he resides or proposes to reside.

Section 17(3).

SCHEDULE 4 Increase of Certain Maxima

Part I Substitution of Other Amounts

(1) Provision	(2) General description	(3) Present amount	(4) New amount
In Schedule 5A to the Army Act 1955 and the Air Force Act 1955, paragraph 11(2).	Maximum amount of compensation order.	£2,000	£5,000
Section 23(3) of the Attachment of Earnings Act 1971.	Maximum judge's fine in High Court or county court.	£100	£250
Section 27(3) of the 1973 Act.	Maximum fine for failure to comply with suspended sentence supervision order.	£400	£1,000
Section 8(1) of the Armed Forces Act 1976.	Maximum fine awarded by Standing Civilian Courts.	£2,000	£5,000
Section 40(1) of the 1980 Act.	Maximum amount of compensation order.	£2,000	£5,000
Section 63(3)(a) of that Act.	Maximum fine for disobedience of order other than for payment of money.	£2,000	£5,000
Section 97(4) of that Act.	Maximum fine for refusal to give evidence.	£1,000	£2,500
Section 12(2) of the Contempt of Court Act 1981.	Maximum fine for contempt in face of magistrates' court.	£1,000	£2,500
Section 14(2) of that Act.	Maximum fine for contempt in an inferior court.	£1,000	£2,500
Section 55(2) of the County Courts Act 1984.	Maximum fine for neglecting witness summons.	£400	£1,000
Section 118 (1) of that Act.	Maximum fine for contempt of court.	£1,000	£2,500
Section 10(1) and (2) and 21(5) of the Coroners Act 1988.	Maximum coroner's fine for refusal to give evidence etc.	£400	£1,000

Part II Substitution of Levels on Standard Scale

Section 33(1)(a) of the 1980 Act.	Maximum fine on summary conviction of offence tried in pursuance of section 22 of that Act (certain offences triable either way to be tried summarily if value involved is small).	£1,000	Level 4
Section 34(3)(b) of that Act.	Maximum fine on summary conviction where statute provides no express power to fine.	£400	Level 3

Part III Substitution of Statutory Maximum

(1) Provision	(2) General description	(3) Present amount
Section 6(8) of the Whaling Industry (Regulation) Act 1934.	Maximum fine on summary conviction for failure to keep or falsify records.	£1,000
Section 9(1) of that Act.	Maximum fine on summary conviction for forgery of certain documents.	£1,000
Section 11(1)(c) of the Sea Fisheries (Conservation) Act 1967.	Maximum fine on summary conviction for an offence under section 1, 2, 4(7) or (7A), 4A(7) or (8), 6(5) or (5A)(b) or 7(3) of that Act.	£1,000
Section 16(1A) of that Act.	Maximum fine on summary conviction for assaulting or obstructing officer exercising enforcement powers.	£1,000
Section 5(4) of the Sea Fisheries Act 1968.	Maximum fine on summary conviction for contravening order regulating fishing operations.	£1,000

Part IV Provisions Substituted for Schedule 6A to 1980 Act

" Schedule 6A Fines that may be Altered under Section 143

Enactment	Maximum fine
CHILDREN AND YOUNG PERSONS ACT 1969 (c. 54)Section 15(3)(a) (failure to comply with supervision order)Section 15(5)(b) and (c) (failure to comply with supervision order)	£1,000£5,000
ATTACHMENT OF EARNINGS ACT 1971 (c. 32)Section 23(3) (judge's fine)	£250
POWERS OF CRIMINAL COURTS ACT 1973 (c. 62)Section 27(3) (failure to comply with suspended sentence supervision order)	£1,000
MAGISTRATES' COURTS ACT 1980 (c. 43)Section 63(3)(a) (disobedience of orders other than payment of money)Section 97(4) (refusal to give evidence etc.)	£5,000£2,500
CONTEMPT OF COURT ACT 1981 (c. 49)Section 12(2) (contempt in face of magistrates' court)Section 14(2) (contempt in an inferior court)	£2,500£2,500

Enactment	Maximum fine
CRIMINAL JUSTICE ACT 1982 (c. 48)Section 19(3) (failure to comply with attendance centre order or attendance centre rules)	£1,000
COUNTY COURTS ACT 1984 (c. 28)Section 55(2) (neglect or refusal to give evidence)Section 118(1) (contempt in face of court)	£1,000£2,500
CORONERS ACT 1988 (c. 13)Sections 10(1) and (2) and 21(5) (refusal to give evidence etc.)	£1,000
CRIMINAL JUSTICE ACT 1991 (c. 53)In Schedule 2, paragraphs 3(1) and 4(1) (failure to comply with probation, community service, curfew or combination order)	£1,000 " .

Part V Other Amendments

1 In section 27 of the 1973 Act (breach of requirement of suspended sentence supervision order), for subsection (4) there shall be substituted the following subsection--

" (4) Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (3) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction. "

2 In section 97 of the 1980 Act (maximum fine for refusal to give evidence), after subsection (4) there shall be inserted the following subsection--

" (5) Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (4) above as if the failure to attend before the magistrates' court were a summary offence punishable by a fine not exceeding level 4 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction. "

3 In section 12 of the Contempt of Court Act 1981 (maximum fine for contempt in face of magistrates' court), after subsection (2) there shall be inserted the following subsection--

" (2A) Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (2) above as if the failure to attend before the magistrates' court were a summary offence punishable by a fine not exceeding level 4 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction. "

4 In section 14 of that Act (maximum fine for contempt in an inferior court), after subsection (2) there shall be inserted the following subsection--

Section 32(7).

SCHEDULE 5 The Parole Board

Membership

1 The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.

2 The Board shall include among its members--

(a) a person who holds or has held judicial office;

(b) a registered medical practitioner who is a psychiatrist;

(c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and

(d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

3 A member of the Board--

(a) shall hold and vacate office in accordance with the terms of his appointment;

(b) may resign his office by notice in writing addressed to the Secretary of State;

and a person who ceases to hold office as a member of the Board shall be eligible for reappointment.

Remuneration and allowances

4 There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may with the consent of the Treasury determine.

5 The expenses of the Board under paragraph 4 above and any other expenses incurred by the Board in discharging its functions under Part II of this Act shall be defrayed by the Secretary of State.

Reports

6 The Board shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year; and the Secretary of State shall lay a copy of the report before Parliament.

Section 53(5).

SCHEDULE 6 Notices of Transfer: Procedure in lieu of Committal

Contents of notice of transfer

1 (1) A notice of transfer shall specify the proposed place of trial; and in selecting that place the Director of Public Prosecutions shall have regard to the considerations to which a magistrates' court committing a person for trial is required by section 7 of the 1980 Act to have regard when selecting the place at which he is to be tried.

(2) A notice of transfer shall specify the charge or charges to which it relates and include or be accompanied by such additional material as regulations under paragraph 4 below may require.

Remand

2 (1) If a magistrates' court has remanded in custody a person to whom a notice of transfer relates, it shall have power, subject to section 4 of the [1976 c. 63.] Bail Act 1976 and regulations under section 22 of the [1985 c. 23.] Prosecution of Offences Act 1985--

(a) to order that he shall be safely kept in custody until delivered in due course of law; or

(b) to release him on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear before the Crown Court for trial.

(2) Where--

(a) a person's release on bail under paragraph (b) of sub-paragraph (1) above is conditional on his providing one or more sureties; and

(b) in accordance with subsection (3) of section 8 of the Bail Act 1976, the court fixes the amount in which a surety is to be bound with a view to his entering into his recognisance subsequently in accordance with subsections (4) and (5) or (6) of that section,

the court shall in the meantime make an order such as is mentioned in paragraph (a) of that sub-paragraph.

(3) If the conditions specified in sub-paragraph (4) below are satisfied, a court may exercise the powers conferred by sub-paragraph (1) above in relation to a person charged without his being brought before it in any case in which by virtue of subsection (3A) of section 128 of the 1980 Act it would have the power further to remand him on an adjournment such as is mentioned in that subsection.

(4) The conditions referred to in sub-paragraph (3) above are--

(a) that the person in question has given his written consent to the powers conferred by sub-paragraph (1) above being exercised without his being brought before the court; and

(b) that the court is satisfied that, when he gave his consent, he knew that the notice of transfer had been issued.

(5) Where a notice of transfer is given after a person to whom it relates has been remanded on bail to appear before a magistrates' court on an appointed day, the requirement that he shall so appear shall cease on the giving of the notice unless the notice states that it is to continue.

(6) Where that requirement ceases by virtue of sub-paragraph (5) above, it shall be the duty of the person in question to appear before the Crown Court at the place specified by the notice of transfer as the proposed place of trial or at any place substituted for it by a direction under section 76 of the [1981 c. 54.] Supreme Court Act 1981.

(7) If, in a case where the notice states that the requirement mentioned in sub-paragraph (5) above is to continue, a person to whom the notice relates appears before the magistrates' court, the court shall have--

(a) the powers and duties conferred on a magistrates' court by sub-paragraph (1) above but subject as there provided; and

(b) power to enlarge, in the surety's absence, a recognisance conditioned in accordance with section 128(4)(a) of the 1980 Act so that the surety is bound to secure that the person charged appears also before the Crown Court.

Witnesses

3 For the purposes of the [1965 c. 69.] Criminal Procedure (Attendance of Witnesses) Act 1965--

(a) any magistrates' court for the petty sessions area for which the court from which a case was transferred sits shall be treated as examining magistrates; and

(b) a person indicated in the notice of transfer as a proposed witness shall be treated as a person who has been examined by the court.

Regulations

4 (1) The Attorney General--

(a) shall by regulations make provision requiring a copy of a notice of transfer, together with a statement of the evidence on which any charge to which it relates is based, to be given--

(i) to any person to whom the notice of transfer relates; and

(ii) to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial; and

(b) may by regulations make such further provision in relation to notices of transfer, including provision as to the duties of the Director of Public Prosecutions in relation to such notices, as appears to him to be appropriate.

(2) The power to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Applications for dismissal

5 (1) Where a notice of transfer has been given, any person to whom the notice relates may, at any time before he is arraigned (and whether or not an indictment has been preferred against him), apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed.

(2) The judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) which is the subject of any such application if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him.

(3) No oral application may be made under sub-paragraph (1) above unless the applicant has given the Crown Court mentioned in that sub-paragraph written notice of his intention to make the application.

(4) Oral evidence may be given on such an application only with the leave of the judge or by his order; and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.

(5) No leave or order under sub-paragraph (4) above shall be given or made in relation to oral evidence from a child (within the meaning of section 53 of this Act) who is alleged--

(a) to be a person against whom an offence to which the notice of transfer relates was committed; or

(b) to have witnessed the commission of such an offence.

(6) If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but that person does not do so, the judge may disregard any document indicating the evidence that he might have given.

(7) Dismissal of the charge, or all the charges, against the applicant shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may be brought on a dismissed charge except by means of the preferment of a voluntary bill of indictment.

(8) Crown Court Rules may make provision for the purposes of this paragraph and, without prejudice to the generality of this sub-paragraph, may make provision--

(a) as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);

(b) as to the contents and form of notices or other documents;

(d) as to persons to be served with notices or other material.

Reporting restrictions

6 (1) Except as provided by this paragraph, it shall not be lawful--

(a) to publish in Great Britain a written report of an application under paragraph 5(1) above; or

(b) to include in a relevant programme for reception in Great Britain a report of such an application,

if (in either case) the report contains any matter other than that permitted by this paragraph.

(2) An order that sub-paragraph (1) above shall not apply to reports of an application under paragraph 5(1) above may be made by the judge dealing with the application.

(3) Where in the case of two or more accused one of them objects to the making of an order under sub-paragraph (2) above, the judge shall make the order if, and only if, he is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

(4) An order under sub-paragraph (2) above shall not apply to reports of proceedings under sub-paragraph (3) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by sub-paragraph (5) below.

(5) It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an application under paragraph 5(1) above containing any matter other than that permitted by sub-paragraph (8) below where the application is successful.

(6) Where--

(a) two or more persons were jointly charged; and

(b) applications under paragraph 5(1) above are made by more than one of them,

sub-paragraph (5) above shall have effect as if for the words "the application is" there were substituted the words "all the applications are".

(7) It shall not be unlawful under this paragraph to publish or include in a relevant programme a report of an unsuccessful application at the conclusion of the trial of the person charged, or of the last of the persons charged to be tried.

(8) The following matters may be contained in a report published or included in a relevant programme without an order under sub-paragraph (2) above before the time authorised by sub-paragraphs (5) and (6) above, that is to say--

(a) the identity of the court and the name of the judge;

(b) the names, ages, home addresses and occupations of the accused and witnesses;

(d) the names of counsel and solicitors engaged in the proceedings;

(e) where the proceedings are adjourned, the date and place to which they are adjourned;

(f) the arrangements as to bail;

(g) whether legal aid was granted to the accused or any of the accused.

(9) The addresses that may be published or included in a relevant programme under sub-paragraph (8) above are addresses--

(a) at any relevant time; and

(b) at the time of their publication or inclusion in a relevant programme.

(10) If a report is published or included in a relevant programme in contravention of this paragraph, the following persons, that is to say--

(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper;

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11) Proceedings for an offence under this paragraph shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

(12) Sub-paragraph (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

(13) In this paragraph--

"publish", in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;
"relevant programme" means a programme included in a programme service (within the meaning of the [1990 c. 42.] Broadcasting Act 1990);
"relevant time" means a time when events giving rise to the charges to which the proceedings relate occurred.

Avoidance of delay

7 (1) Where a notice of transfer has been given in relation to any case--

(a) the Crown Court before which the case is to be tried; and

(b) any magistrates' court which exercises any functions under paragraph 2 or 3 above or section 20(4) of the [1988 c. 34.] Legal Aid Act 1988 in relation to the case,

shall, in exercising any of its powers in relation to the case, have regard to the desirability of avoiding prejudice to the welfare of any relevant child witness that may be occasioned by unnecessary delay in bringing the case to trial.

(2) In this paragraph "child" has the same meaning as in section 53 of this Act and "relevant child witness" means a child who will be called as a witness at the trial and who is alleged--

(a) to be a person against whom an offence to which the notice of transfer relates was committed; or

(b) to have witnessed the commission of such an offence.

Procedures for indictment of offenders

8 (1) In subsection (2) of section 2 of the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders), after paragraph (aa), there shall be inserted the following paragraph--

" (ab) the offence is specified in a notice of transfer under section 53 of the Criminal Justice Act 1991 (violent or sexual offences against children); or " .

(2) In paragraph (iA) of the proviso to that subsection--

(a) after the words "paragraph (aa)" there shall be inserted the words "or (ab)"; and

(b) for the words "regulations under section 5(9) of the [1987 c. 38.] Criminal Justice Act 1987" there shall be substituted the the words "regulations under the relevant provision".

(3) At the end of that proviso there shall be inserted the words "and in paragraph (iA) above "the relevant provision" means section 5(9) of the [1987 c. 38.] Criminal Justice Act 1987 in a case to which paragraph (aa) above applies, and paragraph 4 of Schedule 6 to the Criminal Justice Act 1991 in a case to which paragraph (ab) above applies".

Legal aid

9 In section 20(4) of the [1988 c. 34.] Legal Aid Act 1988 (power of magistrates' court to grant legal aid for Crown Court proceedings), in paragraph (b), after the word "cases)" there shall be inserted the words "or section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children)".

Section 66.

SCHEDULE 7 Provisions Substituted for Section 15 of 1969 Act

" 15 Variation and discharge of supervision orders

(1) If while a supervision order is in force in respect of a supervised person it appears to a relevant court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it--

(a) by cancelling any requirement included in it in pursuance of section 12, 12A, 12AA, 12B, 12C or 18(2)(b) of this Act; or

(b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision which could have been included in the order if the court had then had power to make it and were exercising the power.

(2) The powers of variation conferred by subsection (1) above do not include power--

(a) to insert in the supervision order, after the expiration of three months beginning with the date when the order was originally made, a requirement in pursuance of section 12B(1) of this Act, unless it is in substitution for such a requirement already included in the order; or

(b) to insert in the supervision order a requirement in pursuance of section 12A(3)(b) of this Act in respect of any day which falls outside the period of three months beginning with the date when the order was originally made.

(3) If while a supervision order made under section 7(7) of this Act is in force in respect of a person it is proved to the satisfaction of a relevant court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A, 12AA, 12C or 18(2)(b) of this Act, the court--

(a) whether or not it also makes an order under subsection (1) above, may order him to pay a fine of an amount not exceeding £1,000 or, subject to section 16A(1) of this Act, may make an attendance centre order in respect of him; or

(b) in the case of a person who has attained the age of eighteen, may (if it also discharges the supervision order) make an order imposing on him any punishment, other than a sentence of detention in a young offender institution, which it could have imposed on him if it--

(i) had then had power to try him for the offence in consequence of which the supervision order was made; and

(ii) had convicted him in the exercise of that power.

(4) If while a supervision order is in force in respect of a person it is proved to the court under subsection (3) above that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12A(3)(a) of this Act directing the supervised person to participate in specified activities, the court may, if it also discharges the supervision order, make an order imposing on him any sentence which it could have imposed on him if it--

(a) had then had power to try him for the offence in consequence of which the supervision order was made; and

(b) had convicted him in the exercise of that power.

(5) In a case falling within subsection (3)(b) or (4) above where the offence in question is of a kind which the court has no power to try, or has no power to try without appropriate consents, the sentence imposed by virtue of that provision--

(a) shall not exceed that which any court having power to try such an offence could have imposed in respect of it; and

(b) where the case falls within subsection (3)(b) above and the sentence is a fine, shall not in any event exceed £5,000; and

(c) where the case falls within subsection (4) above, shall not in any event exceed a custodial sentence for a term of six months and a fine of £5,000.

(6) A court may not make an order by virtue of subsection (4) above unless the court which made the supervision order made a statement under subsection (1) of section 12D of this Act; and for the purposes of this subsection a certificate under that section shall be evidence of the making of the statement to which it relates.

(7) Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply--

(a) for the purposes of subsection (3)(a) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and

(b) for the purposes of subsections (3)(b) and (4) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 5 on that scale;

and a fine imposed under any of those provisions shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.

(8) In dealing with a supervised person under subsection (3) or (4) above, the court shall take into account the extent to which that person has complied with the requirements of the supervision order.

(9) If a medical practitioner by whom or under whose direction a supervised person is being treated for his mental condition in pursuance of a requirement included in a supervision order by virtue of section 12B(1) of this Act is unwilling to continue to treat or direct the treatment of the supervised person or is of opinion--

(a) that the treatment should be continued beyond the period specified in that behalf in the order; or

(b) that the supervised person needs different treatment; or

(d) that he does not require further treatment,

the practitioner shall make a report in writing to that effect to the supervisor.

(10) On receiving a report under subsection (9) above, the supervisor shall refer it to a relevant court; and on such a reference, the court may make an order cancelling or varying the requirement.

(11) In this section "relevant court" means--

(a) in the case of a supervised person who has not attained the age of eighteen, a youth court;

(b) in the case of a supervised person who has attained that age, a magistrates' court other than a youth court.

(12) The provisions of this section shall have effect subject to the provisions of section 16 of this Act. "

Section 68.

SCHEDULE 8 Amendments for Treating Persons Aged 17 as Young Persons

Children and Young Persons Act 1933 (c. 12)

1 (1) Section 31 of the 1933 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection--

" (2) In this section and section 34 of this Act, "young person" means a person who has attained the age of fourteen and is under the age of seventeen years. "

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