Criminal Justice Act 1991 (c. 53)

(The document as of February, 2008)

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" (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. "

(2) In sections 46(1) and (1A), 48(2) and 99(1) of that Act, for the words "the age of seventeen" there shall be substituted the words "the age of eighteen".

(3) In section 107(1) of that Act, for the definition of "young person" there shall be substituted the following definition--

" "young person" means a person who has attained the age of fourteen and is under the age of eighteen years. "

Prison Act 1952 (c. 52)

2 In section 43(3) of the 1952 Act (remand centres, young offender institutions etc.), for the words "aged 17 years" there shall be substituted the words "aged 18 years".

Children and Young Persons Act 1963 (c. 37)

3 In section 29(1) of the Children and Young Persons Act 1963, for the words "the age of seventeen" there shall be substituted the words "the age of eighteen".

Children and Young Persons Act 1969 (c. 54)

4 (1) Section 29 of the 1969 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 "young person" means a person who has attained the age of fourteen and is under the age of seventeen years. "

(2) In section 70(1) of that Act, for the definition of "young person" there shall be substituted the following definition--

" "young person" means a person who has attained the age of fourteen and is under the age of eighteen years; " .

Rehabilitation of Offenders Act 1974 (c. 53)

5 In section 5(2) of the Rehabilitation of Offenders Act 1974 (which provides for rehabilitation periods to be reduced by half for young offenders)--

(a) in paragraph (a), for the words "seventeen years of age" there shall be substituted the words "eighteen years of age"; and

(b) in the heading to Table A, for the words "under 17" there shall be substituted the words "under 18".

Magistrates' Courts Act 1980 (c. 43)

6 (1) Part I of the 1980 Act (criminal jurisdiction and procedure) shall be amended as follows--

(a) for the words "the age of 17", in each place where they occur, there shall be substituted the words "the age of 18 years";

(b) in section 22(9), for the words "under 17" there shall be substituted the words "under 18";

(d) in section 38 for the words "17 years old" there shall be substituted the words "18 years old".

(2) In section 81(1), (3) and (8) of that Act, for the words "the age of 17" there shall be substituted the words "the age of 18".

(3) In sections 96A, 135(3) and 136(4) of that Act, for the words "aged 17" there shall be substituted the words "aged 18".

Section 71.

SCHEDULE 9 Amendments to Service Law

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

1 In section 71A of the Army Act 1955 and the Air Force Act 1955 (life custody for young offenders), in subsections (1B) and (4)(a), for the words "17 years" there shall be substituted the words "18 years".

2 In section 71AA of those Acts (young service offenders: custodial orders)--

(a) in subsection (1), for the words "not exceeding" there shall be substituted the words " which--

(a) shall be not less than the appropriate minimum period, that is to say--

(i) in the case of an offender who has attained eighteen years of age, the period of 21 days; or

(ii) in the case of an offender who is under that age, the period of two months; and

(b) shall not exceed " ;

(b) subsection (1A) and, in subsection (1), the words "subject to subsection (1A) below" shall cease to have effect;

" (1AA) The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months. " ; and

(d) in subsection (6A), for the words "Section 15 of the Criminal Justice Act 1982" there shall be substituted the words "Section 65 of the Criminal Justice Act 1991".

3 For subsection (2) of section 93 of those Acts (evidence on oath in court-martial) there shall be substituted the following subsections--

" (1B) A witness before a court-martial--

(a) shall be examined on oath if he has attained the age of fourteen; and

(b) shall give evidence unsworn if he is under that age.

(2) Unsworn evidence admitted by virtue of subsection (1B)(b) above may corroborate evidence (sworn or unsworn) given by any other person. "

4 In paragraph 10 of Schedule 5A to those Acts (civilian offenders: custodial orders)--

(a) in sub-paragraph (1), for the words from "detained" to "and in this sub-paragraph" there shall be substituted the words " detained for a period, to be specified in the order, which--

(a) shall not be less than the appropriate minimum period, that is to say--

(i) in the case of an offender who has attained the age of 18, the period of 21 days; or

(ii) in the case of an offender who is under 18 years of age, the period of two months;

(b) shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; and

and in this sub-paragraph " .

(b) in sub-paragraph (1A), for the words "17 years" there shall be substituted the words "18 years"; and

(c) in sub-paragraph (6A), for the words "Section 15 of the Criminal Justice Act 1982" there shall be substituted the words "Section 65 of the Criminal Justice Act 1991".

Naval Discipline Act 1957 (c. 53)

5 In section 43A of the Naval Discipline Act 1957 (life custody for young offenders), in subsections (1B) and (4)(a), for the words "17 years" there shall be substituted the words "18 years".

6 In section 43AA of that Act (young service offenders: custodial orders)--

(a) in subsection (1), for the words "not exceeding" there shall be substituted the words " which--

(a) shall be not less than the appropriate minimum period, that is to say--

(i) in the case of an offender who has attained eighteen years of age, the period of 21 days; or

(ii) in the case of an offender who is under that age, the period of two months; and

(b) shall not exceed " ;

(b) subsection (1A) and, in subsection (1), the words "subject to subsection (1A) below", shall cease to have effect; and

(d) in subsection (6A), for the words "Section 15 of the Criminal Justice Act 1982" there shall be substituted the words " Section 65 of the Criminal Justice Act 1991 " .

7 For subsections (2) and (3) of section 60 of that Act (evidence on oath in court-martial) there shall be substituted the following subsections--

" (2) A witness before a court-martial--

(a) shall be examined on oath if he has attained the age of fourteen; and

(b) shall give evidence unsworn if he is under that age.

(3) Unsworn evidence admitted by virtue of subsection (2)(b) above may corroborate evidence (sworn or unsworn) given by any other person. "

8 In paragraph 10 of Schedule 4A to that Act (civilian offenders: custodial orders)--

(a) in sub-paragraph (1), for the words from "detained" to "and in this sub-paragraph" there shall be substituted the words " detained for a period, to be specified in the order, which--

(a) shall be not less than the appropriate minimum period, that is to say--

(i) in the case of an offender who has attained the age of 18, the period of 21 days; or

(ii) in the case of an offender who is under 18 years of age, the period of two months; and

(b) shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21;

and in this sub-paragraph " ;

(b) in sub-paragraph (1A), for the words "17 years" there shall be substituted the words "18 years"; and

(c) in sub-paragraph (6A), for the words "Section 15 of the Criminal Justice Act 1982" there shall be substituted the words "Section 65 of the Criminal Justice Act 1991".

Section 89.

SCHEDULE 10 Certification of Prisoner Custody Officers

Preliminary

1 In this Schedule--

"certificate" means a certificate under section 89 of this Act;
"the relevant functions", in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Issue of certificates

2 (1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him.

(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant--

(a) is a fit and proper person to perform the relevant functions; and

(b) has received training to such standard as he may consider appropriate for the performance of those functions.

(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

(4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

Suspension of certificate

3 (1) This paragraph applies where at any time it appears--

(a) in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, to the prisoner escort monitor for the area concerned; or

(b) in the case of such an officer performing custodial duties at a contracted out prison, to the controller of that prison,

that the officer is not a fit and proper person to perform the escort functions or, as the case may be, custodial duties.

(2) The prisoner escort monitor or controller may--

(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer's certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

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

Revocation of certificate

4 Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer's certificate so far as it authorises the performance of those functions or duties.

False statements

5 If any person, for the purpose of obtaining a certificate for himself or for any other person--

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 100.

SCHEDULE 11 Minor and Consequential Amendments

Children and Young Persons Act 1933 (c. 12)

1 In section 38(2) of the 1933 Act (false evidence by child) for the words "as aforesaid" there shall be substituted the words "unsworn in any proceedings for an offence by virtue of section 52 of the Criminal Justice Act 1991".

Criminal Justice Act 1967 (c. 80)

2 (1) Section 67 of the 1967 Act (remand time to be taken into account in computing sentences) shall be amended as follows.

(2) In subsection (1A)(c)--

(a) after the word "remanded" there shall be inserted the words "or committed"; and

(b) after the words "section 23 of the [1969 c. 54.] Children and Young Persons Act 1969" there shall be inserted the words "or section 37 of the [1980 c. 43.] Magistrates' Courts Act 1980".

(3) For subsection (5) there shall be substituted the following subsection--

" (5) This section applies--

(a) to sentences of detention in a young offender institution; and

(b) to determinate sentences of detention passed under section 53(2) of the [1933 c. 12.] Children and Young Persons Act 1933 (sentences for serious indictable offences),

as it applies to sentences of imprisonment. "

(4) In subsection (6)--

(a) after the word "being", in the second place where it occurs, there shall be inserted the words "remanded or";

(b) for the words "committed to the care of a local authority" there shall be substituted the words "remanded or committed to local authority accommodation"; and

Criminal Appeal Act 1968 (c. 19)

3 In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with by Crown Court), for paragraph (b) there shall be substituted the following paragraph--

" (b) having been made the subject of an order for conditional discharge or a community order within the meaning of Part I of the Criminal Justice Act 1991 (other than a supervision order within the meaning of that Part) or given a suspended sentence, appears or is brought before the Crown Court to be further dealt with for his offence. "

4 In section 50(1A) of that Act (right of appeal of probationer etc.), for the words "Section 13" there shall be substituted the words "Section 1C" and the words "a probation order or" shall cease to have effect.

Civil Evidence Act 1968 (c. 64)

5 In section 11(5)(a) of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), for the words "section 13" there shall be substituted the words "section 1C" and the words "probation or" shall cease to have effect.

Children and Young Persons Act 1969 (c. 54)

6 (1) In subsection (1) of section 12D of the 1969 Act (duty of court to state in certain cases that requirement is in place of custodial sentence), in paragraph (ii), for sub-paragraphs (a) to (c) there shall be substituted the following sub-paragraphs--

" (a) the offence of which he has been convicted, or the combination of that offence and one other offence associated with it, was so serious that only a supervision order containing such a requirement or a custodial sentence can be justified for that offence; or

(b) that offence was a violent or sexual offence and only a supervision order containing such a requirement or such a sentence would be adequate to protect the public from serious harm from him; " .

(2) After that subsection there shall be inserted the following subsection--

" (1A) Sub-paragraphs (a) and (b) of subsection (1)(ii) above shall be construed as if they were contained in Part I of the Criminal Justice Act 1991. "

7 (1) In subsection (4) of section 16 of that Act (provisions supplementary to section 15), for the words "a court" there shall be substituted the words "a youth court".

(2) In subsection (6)(b) of that section, for the words "subsection (5)" there shall be substituted the words "subsection (10)".

(3) In subsection (10) of that section, for the words "paragraph (b) of subsection (2A) and paragraph (a) of subsection (4)" there shall be substituted the words "paragraph (a) of subsection (3)".

8 (1) In subsection (1) of section 16A of that Act (application of sections 17 to 19 of the 1982 Act), for the words "section 15(2A)(b) and (4)(a)" there shall be substituted the words "section 15(3)(a)".

(2) In subsection (2) of that section, for the words "each of those paragraphs" there shall be substituted the words "section 15(3)(a) of this Act".

Vehicles (Excise) Act 1971 (c. 10)

9 In section 9(5) of the Vehicles (Excise) Act 1971 (additional liability for keeping unlicensed vehicle), for the words "Part I of the [1948 c. 58.] Criminal Justice Act 1948" there shall be substituted the words "section 1C of the [1973 c. 62.] Powers of Criminal Courts Act 1973" and the words "placing him on probation or" shall cease to have effect.

Powers of Criminal Courts Act 1973 (c. 62)

10 In section 11(2) of the 1973 Act (substitution of conditional discharge for probation) for the words "section 8 of this Act" there shall be substituted the words "paragraph 7 of Schedule 2 to the Criminal Justice Act 1991".

11 In section 12 of that Act (supplementary provisions as to probation and discharge)--

(a) in subsection (2), for the words "section 2(7) and paragraph 1 of Schedule 1" there shall be substituted the words "section 2(4)";

(b) in subsection (4), for the words "section 2 or 7" there shall be substituted the words "section 1A or 2".

12 In section 14 of that Act (community service orders)--

(a) in subsection (4), for the words "section 17(5) of this Act" there shall be substituted the words "Part IV of Schedule 2 to the Criminal Justice Act 1991";

(b) in subsection (5)(b), for the words "section 16" there shall be substituted the words "Part II of Schedule 2 to the Criminal Justice Act 1991"; and

(c) in subsection (5)(c), for the words "section 17" there shall be substituted the words "Parts III and IV of that Schedule".

13 In section 15(2) of that Act (obligations of person subject to community service order), for the words "section 17(1) of this Act" there shall be substituted the words "paragraph 15 of Schedule 2 to the Criminal Justice Act 1991".

14 In section 31(3C) of that Act (maximum periods of imprisonment in default of payment of Crown Court fine), for the words "five days" there shall be substituted the words "seven days".

15 In section 58 of that Act (application to Scotland), for the words "sections 8(4), 10, 13, 17C, 25(3), 29(7)" there shall be substituted the words "sections 1C, 25(3) and 29(7)".

16 In section 59 of that Act (application to Northern Ireland), for the words "Sections 17C and 29(7)" there shall be substituted the words "Section 29(7)".

17 (1) In paragraph 2(2)(a) of Schedule 3 to that Act (the probation service and its functions), the word "several" shall cease to have effect.

(2) In paragraph 8(1) of that Schedule, after the words "any person" there shall be inserted the words "and to make reports on such matters".

Juries Act 1974 (c. 23)

18 (1) In Schedule 1 to the Juries Act 1974, Group B (which disqualifies from jury service persons concerned with the administration of justice) shall be amended as follows.

(2) After the entry relating to a shorthandwriter in any court, there shall be inserted the following entry-- " A court security officer within the meaning of Part IV of the Criminal Justice Act 1991. "

(3) After the entry relating to governors, chaplains, medical officers and other officers of penal establishments and members of boards of visitors for such establishments, there shall be inserted the following entry-- " Prisoner custody officers within the meaning of Part IV of the Criminal Justice Act 1991. "

Solicitors Act 1974 (c. 47)

19 In section 43(7) of the Solicitors Act 1974 (control of employment of certain clerks), for the words "placing a person on probation or discharging him" there shall be substituted the words "discharging a person" and for the words "section 13" there shall be substituted the words "section 1C".

Rehabilitation of Offenders Act 1974 (c. 53)

20 In section 1(4) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions)--

(a) for the words "section 13" there shall be substituted the words "section 1C";

(b) the words "put on probation or" shall cease to have effect; and

(c) for the words "placing the person concerned on probation or discharging him" there shall be substituted the words "discharging the person concerned".

Bail Act 1976 (c. 63)

21 In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), for the words "section 6 or section 16 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (breach of requirement of probation or community service order)" there shall be substituted the words "Part II of Schedule 2 to the Criminal Justice Act 1991 (breach of requirement of probation, community service, combination or curfew order)".

22 (1) Paragraph 8 of Schedule 1 to that Act (restrictions on the imposition of bail conditions) shall be amended as follows.

(2) In sub-paragraph (1), after the words "(4) to (7)" there shall be inserted the words "(except subsection (6)(d))" and the words from "or, in the case" to the end shall cease to have effect.

(3) After sub-paragraph (1) there shall be inserted the following sub-paragraph--

" (1A) No condition shall be imposed under section 3(6)(d) of this Act unless it appears to be necessary to do so for the purpose of enabling inquiries or a report to be made. "

(4) In sub-paragraph (2) for the words "Sub-paragraph (1) above also applies", there shall be substituted the words "Sub-paragraphs (1) and (1A) above also apply".

(5) In sub-paragraph (3), for the words "sub-paragraph (1)" there shall be substituted the words "sub-paragraph (1A)".

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

23 In section 1(2) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (exclusion orders), for paragraph (b) there shall be substituted the following paragraph--

" (b) where the offence was committed in England and Wales, notwithstanding the provisions of sections 1A and 1C of the [1973 c. 62.] Power of Criminal Courts Act 1973 (cases in which absolute and conditional discharges may be made, and their effect), in addition to an order discharging him absolutely or conditionally; " .

Magistrates' Courts Act 1980 (c. 43)

24 In section 12(1)(a) of the 1980 Act (non-appearance of accused: plea of guilty), after the words "this section" there shall be inserted the words "and section 18 of the Criminal Justice Act 1991 (unit fines)".

25 In section 20(2)(b) of that Act (procedure where summary trial appears more suitable), for the words from "on obtaining information" to the end there shall be substituted the words "is of such opinion as is mentioned in subsection (2) of that section".

26 In section 81(3)(a) of that Act (enforcement of fines imposed on young offenders), for the words "section 19(1) of the [1948 c. 58.] Criminal Justice Act 1948" there shall be substituted the words "section 17(1) of the [1982 c. 48.] Criminal Justice Act 1982".

27 (1) In subsection (2) of section 143 of that Act (power to alter sums specified in certain provisions), paragraph (i) shall cease to have effect and after paragraph (o) there shall be inserted the following paragraph--

" (p) section 58(2) and (3) of the Criminal Justice Act 1991 (recognisance from parents or guardians); " .

(2) For subsection (3) of that section there shall be inserted the following subsection--

" (3) In subsection (1) above the "relevant date" means--

(a) the date of the coming into force of section 17 of the Criminal Justice Act 1991 (increase of certain maxima); or

(b) where the sums specified in a provision mentioned in subsection (2) above have been substituted by an order under subsection (1) above, the date of that order. "

28 In paragraph 2(2) of Schedule 4 to that Act (maximum periods of imprisonment in default of payment of magistrates' court fine), for the words "five days" there shall be substituted the words "seven days".

Contempt of Court Act 1981 (c. 49)

29 (1) Section 12(2) of the [1981 c. 49.] Contempt of Court Act 1981 (offences of contempt of magistrates' court) shall have effect as if the reference to any officer of the court included a reference to any court security officer assigned to the court-house in which the court is sitting.

(2) In this paragraph "court security officer" and "court-house" have the meanings given by section 92(1) of this Act.

Criminal Justice Act 1982 (c. 48)

30 For subsection (5) of section 1 of the 1982 Act (general restrictions on custodial sentences) there shall be substituted the following subsections--

" (5) No court shall commit a person under 21 years of age to be detained under section 9 below unless it is of the opinion that no other method of dealing with him is appropriate; and in forming any such opinion, the court--

(a) shall take into account all such information about the circumstances of the default or contempt (including any aggravating or mitigating factors) as is available to it; and

(b) may take into account any information about that person which is before it.

(5A) Where a magistrates' court commits a person under 21 years of age to be detained under section 9 below, it shall--

(a) state in open court the reason for its opinion that no other method of dealing with him is appropriate; and

(b) cause that reason to be specified in the warrant of commitment and to be entered in the register. "

31 (1) In subsection (1) of section 1A of that Act (detention in a young offender institution), for paragraph (b) there shall be substituted the following paragraph--

" (b) the court is of the opinion that either or both of paragraphs (a) and (b) of subsection (2) of section 1 of the Criminal Justice Act 1991 apply or the case falls within subsection (3) of that section, " .

(2) In subsection (4) of that section, for the words "section 15(11) below" there shall be substituted the words "section 65(6) of the Criminal Justice Act 1991".

32 In section 3(1) of that Act (restrictions on imposing custodial sentences on persons under 21 not legally represented), for paragraphs (a) and (b) there shall be substituted the following paragraph--

" (a) pass a sentence of detention in a young offender institution under section 1A above; " .

33 In section 13 of that Act (conversion of sentence of detention in a young offender institution to imprisonment), after subsection (5) there shall be inserted the following subsection--

" (6) This section applies to a person who is serving a sentence of custody for life under section 8(2) above, or is detained under section 53 of the [1933 c. 12.] Children and Young Persons Act 1933, as it applies to a person serving a sentence of detention in a young offender institution. "

34 In section 17(1) of that Act (attendance centre orders), for the words "section 6 of the [1973 c. 62.] Powers of Criminal Courts Act 1973" there shall be substituted the words "Part II of Schedule 2 to the Criminal Justice Act 1991".

Repatriation of Prisoners Act 1984 (c. 47)

35 (1) In section 2 of the Repatriation of Prisoners Act 1984 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (i) there shall be substituted the following sub-paragraph--

" (i) released on licence under section 33(1)(b) or (2), 34(3) or 35(1) or (2) of the Criminal Justice Act 1991; " .

(2) In section 3 of that Act (transfer of prisoners into United Kingdom), after subsection (8) there shall be inserted the following subsection--

" (9) The provisions contained by virtue of subsection (1)(c) above in a warrant under this Act shall, in the case of a prisoner to whom section 48 of the Criminal Justice Act 1991 (discretionary life prisoners transferred to England and Wales) applies, include provision specifying the relevant part of his sentence within the meaning of section 34 of that Act (duty of Secretary of State to release discretionary life prisoners). "

(3) In paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to prisoners transferred into United Kingdom)--

(a) in sub-paragraph (1), for the words from "section 60" to "of that section" there shall be substituted the words "section 33(1)(b) or (2), 34(3) or (5) or 35(1) of the Criminal Justice Act 1991 whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision,"; and

(b) in sub-paragraph (2), for the words "one third" there shall be substituted the words "any particular proportion or part".

(4) In paragraph 3 of that Schedule, for the words "section 61 of the Criminal Justice Act 1967" there shall be substituted the words "section 35(2) of the Criminal Justice Act 1991".

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