Criminal Justice and Public Order Act 1994 (c. 33)

(The document as of February, 2008)

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he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 122(2).

SCHEDULE 7 Certification of Prisoner Custody Officers: Northern Ireland

Preliminary

1 In this Schedule--

"certificate" means a certificate under section 122 of this Act;
"the relevant functions", in relation to a certificate, means the escort functions 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.

Suspension of certificate

3 (1) This paragraph applies where at any time it appears to the prisoner escort monitor for the area concerned, that a prisoner custody officer is not a fit and proper person to perform the escort functions.

(2) The prisoner escort monitor 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.

(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, he may revoke that officer's certificate so far as it authorises the performance of those functions.

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 157.

SCHEDULE 8 Increase in Penalties

Part I Increase of Fines for Certain Sea Fisheries Offences

(1)	(2)	(3)	(4)
Enactment creating offence	Penalty enactment	Old maximum fine	New maximum fine
SEA FISHERIES (SHELLFISH) ACT 1967 (c. 83).
Offences under section 3(3) (dredging etc. for shellfish in contravention of restrictions etc. or without paying toll or royalty).	Section 3(3).	Level 2.	Level 5.
Offences under section 5(7) (obstruction of inspector or other person or refusal or failure to provide information to inspector etc.).	Section 5(7).	Level 3.	Level 5.
Offences under section 7(4) (fishing, dredging etc. in area where right of several fishery conferred or private oyster bed).	Section 7(4).	Level 3.	Level 5.
Offences under section 14(2) (contravention of order prohibiting the deposit or taking of shellfish, or importation of shellfish, or non-compliance with conditions of licences).	Section 14(2).	Level 4.	Level 5.
Offences under section 14(5) (obstruction of inspector).	Section 14(5).	Level 3.	Level 5.
Offences under section 16(1) (selling etc. of oysters between certain dates).	Section 16(1).	Level 1.	Level 4.
Offences under section 17(1) (taking and selling etc. of certain crabs).	Section 17(4).	Level 3.	Level 5.
Offences under section 17(3) (landing and selling etc. of certain lobsters).	Section 17(4).	Level 3.	Level 5.

Part II Increase of Fines for Certain Misuse of Drugs Offences

(1)	(2)	(3)	(4)
Enactment creating offence	Penalty enactment	Old maximum fine	New maximum fine
MISUSE OF DRUGS ACT 1971 (c. 38.)
Offences under section 4(2) committed in relation to Class C drugs (production, or being concerned in the production of, a controlled drug).	Schedule 4, column 6.	£500	£2,500
Offences under section 4(3) committed in relation to Class C drugs (supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another).	Schedule 4, column 6.	£500	£2,500
Offences under section 5(2) committed in relation to Class B drugs (having possession of a controlled drug).	Schedule 4, column 5.	£500	£2,500
Offences under section 5(2) committed in relation to Class C drugs (having possession of a controlled drug).	Schedule 4, column 6.	£200	£1,000
Offences under section 5(3) committed in relation to Class C drugs (having possession of a controlled drug with intent to supply it to another).	Schedule 4, column 6.	£500	£2,500
Offences under section 8 committed in relation to Class C drugs (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there).	Schedule 4, column 6.	£500	£2,500
Offences under section 12(6) committed in relation to Class C drugs (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs).	Schedule 4, column 6.	£500	£2,500
Offences under section 13(3) committed in relation to Class C drugs (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs).	Schedule 4, column 6.	£500	£2,500

Part III Increase in Penalties for Certain Firearms Offences

(1)	(2)	(3)	(4)
Enactment creating offence	Penalty enactment	Old maximum term of imprisonment	New maximum term of imprisonment
FIREARMS ACT 1968 (c. 27).
Offences under section 1(1) committed in an aggravated form within the meaning of section 4(4) (possessing etc. shortened shot gun or converted firearm without firearm certificate).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 1(1) in any other case (possessing etc. firearms or ammunition without firearm certificate).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 2(1) (possessing etc. shot gun without shot gun certificate).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 3(1) (trading in firearms without being registered as a firearms dealer).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 3(2) (selling firearms to person without a certificate).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 3(3) (repairing, testing etc. firearm for person without a certificate).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 3(5) (falsifying certificate, etc., with view to acquisition of firearm).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 4(1) (shortening a shot gun).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 4(3) (conversion of firearms).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 5(1) (possessing or distributing prohibited weapons or ammunition).	Schedule 6, column 4.	5 years.	10 years.
Offences under section 5(1A) (possessing or distributing other prohibited weapons).	Schedule 6, column 4.	(a) On summary conviction, 3 months. (b) On conviction on indictment, 2 years.		(a) On summary conviction, 6 months. (b) On conviction on indictment, 10 years.
Offences under section 19 (carrying loaded firearm other than air weapon in public place).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 20(1) (trespassing with firearm other than air weapon in a building).	Schedule 6, column 4.	5 years.	7 years.
Offences under section 21(4) (contravention of provisions denying firearms to ex-prisoners and the like).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 21(5) (supplying firearms to person denied them under section 21).	Schedule 6, column 4.	3 years.	5 years.
Offences under section 42 (failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police).	Schedule 6, column 4.	3 years.	5 years.
FIREARMS (NORTHERN IRELAND) ORDER 1981 (SI 1981/155 (NI 2))
Offences under Article 3(1) (possessing etc. firearms or ammunition without firearm certificate).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 4(1) (trading in firearms without being registered as a firearms dealer).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 4(2) (selling firearms to person without a certificate).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 4(3) (repairing, testing etc. firearm for person without a certificate).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 4(4) (falsifying certificate, etc., with view to acquisition of firearm).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 5(1) (shortening a shot gun).	Schedule 2, column 4.	5 years.	7 years.
Offences under Article 5(3) (conversion of firearms).	Schedule 2, column 4.	5 years.	7 years.
Offences under Article 6(1) (possessing or distributing prohibited weapons or ammunition).	Schedule 2, column 4.	5 years.	10 years.
Offences under Article 6(1A) (possessing or distributing other prohibited weapons).	Schedule 2, column 4.	(a) On summary conviction, 3 months. (b) On conviction on indictment, 2 years.	(a) On summary conviction, 6 months. (b) On conviction on indictment, 10 years.
Offences under Article 22(5) (contravention of provisions denying firearms to ex-prisoners and the like).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 22(7) (supplying firearms to person denied them under Article 22).	Schedule 2, column 4.	3 years.	5 years.
Offences under Article 43 (failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police).	Schedule 2, column 4.	3 years.	5 years.

Section 168(1).

SCHEDULE 9 Minor Amendments

Poaching: increase in penalties

1 (1) The [1831 c. 32.] Game Act 1831 shall be amended as follows.

(2) In section 30 (trespassing in search or pursuit of game)--

(a) for the words "level 1" there shall be substituted the words "level 3"; and

(b) for the words "level 3" there shall be substituted the words " level 4 " .

(3) In section 32 (searching for or pursuing game with a gun and using violence, etc.), for the words "level 4" there shall be substituted the words "level 5".

(4) The [1832 c. 68.] Game (Scotland) Act 1832 shall be amended as follows.

(5) In section 1 (trespassing in search or pursuit of game)--

(a) for the words "level 1" there shall be substituted the words "level 3"; and

(b) for the words "level 3" there shall be substituted the words "level 4".

(6) In section 6 (penalty for assaults on persons acting under the Act), for the words "level 1" there shall be substituted the words "level 3".

(7) The amendments made by this paragraph shall not apply to offences committed before this paragraph comes into force.

Sexual offences: procurement of women

2 In sections 2(1) and 3(1) of the [1956 c. 69.] Sexual Offences Act 1956 (procurement of women to have unlawful sexual intercourse by threats or false pretences), the word "unlawful" shall be omitted.

Electronic transmission of obscene material

3 In section 1(3) of the [1959 c. 66.] Obscene Publications Act 1959 (definition of publication for purposes of that Act), in paragraph (b), after the words "projects it" there shall be inserted the words ", or, where the matter is data stored electronically, transmits that data.".

Poaching: forfeiture of vehicles

4 After section 4 of the [1960 c. 36.] Game Laws (Amendment) Act 1960 there shall be inserted the following section--

" 4A Forfeiture of vehicles.

(1) Where a person is convicted of an offence under section thirty of the Game Act 1831 as one of five or more persons liable under that section and the court is satisfied that any vehicle belonging to him or in his possession or under his control at the relevant time has been used for the purpose of committing or facilitating the commission of the offence, the court may make an order for forfeiture under this subsection in respect of that vehicle.

(2) The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restriction on forfeiture in any enactment.

(3) Facilitating the commission of the offence shall be taken for the purposes of subsection (1) above to include the taking of any steps after it has been committed for the purpose of--

(a) avoiding apprehension or detection; or

(b) removing from the land any person or property connected with the offence.

(4) An order under subsection (1) above shall operate to deprive the offender of his rights , if any, in the vehicle to which it relates, and the vehicle shall (if not already in their possession) be taken into the possession of the police.

(5) Where any vehicle has been forfeited under subsection (1) above, a magistrates' court may, on application by a claimant of the vehicle, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the vehicle to the applicant if it appears to the court that he is the owner of the vehicle.

(6) No application shall be made under subsection (5) above by any claimant of the vehicle after the expiration of six months from the date on which an order in respect of the vehicle was made under subsection (1) above.

(7) No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the vehicle or that he did not know, and had no reason to suspect, that the vehicle was likely to be used for a purpose mentioned in subsection (1) above.

(8) An order under subsection (5) above shall not affect the right of any person to take, within the period of six months from the date of an order under subsection (5) above, proceedings for the recovery of the vehicle from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease.

(9) The Secretary of State may make regulations for the disposal of vehicles, and for the application of the proceeds of sale of vehicles, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5) above has been made within the period specified in subsection (6) above or no such application has succeeded.

(10) The regulations may also provide for the investment of money and the audit of accounts.

(11) The power to make regulations under subsection (9) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) In this section, "relevant time", in relation to a person convicted of an offence such as is mentioned in subsection (1) above, means the time when the vehicle was used for the purpose of committing or facilitating the commission of the offence, or the time of the issue of a summons in respect of the offence. " .

Magistrates' courts' jurisdiction in cases involving children and young persons

5 In section 18 of the [1963 c. 37.] Children and Young Persons Act 1963 (jurisdiction of magistrates' courts in certain cases involving children and young persons)--

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

(b) in paragraph (b), for the words "the age of seventeen" there shall be substituted the words "the age of eighteen".

Service of documents by first class post

6 (1) In section 9(8) of the [1967 c. 80.] Criminal Justice Act 1967 (which relates to the service of a written statement to be admitted as evidence in criminal proceedings)--

(a) in paragraph (c), after the word "service" there shall be inserted the words "or by first class post"; and

(b) in paragraph (d), after the word "service" there shall be inserted the words "or by first class post".

(2) In section 11(7) of the Criminal Justice Act 1967 (which provides for the means by which a notice of alibi may be given), after the word "service" there shall be inserted the words "or by first class post".

(3) In section 1 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (which requires warning of prosecution for certain offences to be given), after subsection (1), there shall be inserted the following subsection--

" (1A) A notice required by this section to be served on any person may be served on that person--

(a) by delivering it to him;

(b) by addressing it to him and leaving it at his last known address; or

(c) by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address. " .

Transfers of proceedings

7 In section 11 of the Criminal Justice Act 1967 (notice of alibi), in subsection (8)--

(a) in the definition of "the prescribed period" (as amended by paragraph 2 of Schedule 2 to the [1987 c. 38.] Criminal Justice Act 1987), for the words "section 4 of the Criminal Justice Act 1987" there shall be substituted the words "a relevant transfer provision"; and

(b) after that definition there shall be inserted the following definition--

" "relevant transfer provision" means--

(a) section 4 of the Criminal Justice Act 1987; or

(b) section 53 of the Criminal Justice Act 1991. " .

Offences aggravated by possession of firearms

8 In Schedule 1 to the [1968 c. 27.] Firearms Act 1968 (which lists the offences to which section 17(2) (possession of firearms when committing or being arrested for specified offences) relates)--

(a) in paragraph 4, after the word "Theft" there shall be inserted the word "robbery"; and

(b) after paragraph 5, there shall be inserted the following paragraphs--

" 5A An offence under section 90(1) of the Criminal Justice Act 1991 (assaulting prisoner custody officer).

5B An offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting secure training centre custody officer). " .

Notice of proceedings

9 In section 34(2) of the [1969 c. 54.] Children and Young Persons Act 1969 (which requires notice of certain proceedings to be given to a probation officer), for the words "the age of seventeen" there shall be substituted the words "the age of eighteen".

Treatment of mental condition of offenders placed on probation

10 (1) Paragraph 5 of Schedule 1A to the [1973 c. 62.] Powers of Criminal Courts Act 1973 (requirement in probation order for treatment of offender's mental condition) shall be amended as follows.

(2) In sub-paragraph (2)--

(a) after the words "such part" there shall be inserted the words "or parts"; and

(b) after the words "medical practitioner" there shall be inserted the words "or a chartered psychologist (or both, for different parts)".

(3) In sub-paragraph (3)(c), after the words "medical practitioner" there shall be inserted the words "or chartered psychologist (or both)".

(4) In sub-paragraphs (6) and (8), after the words "medical practitioner" (wherever they occur) there shall be inserted the words "or chartered psychologist".

(5) In sub-paragraph (10), after the words "In this paragraph" there shall be inserted the words " --

"chartered psychologist" means a person for the time being listed in the British Psychological Society's Register of Chartered Psychologists; and " .

Rehabilitation of offenders placed on probation

11 (1) In section 5 of the [1974 c. 53.] Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences)--

(a) in Table A in subsection (2), in the entry relating to fines or other sentences subject to rehabilitation under that Act, after the words "subsections (3)" there shall be inserted the words ", (4A)".

(b) in subsection (4), the words "or placed on probation," and "or probation order" shall be omitted; and

" (4A) Where in respect of a conviction a person was placed on probation, the rehabilitation period applicable to the sentence shall be--

(a) in the case of a person aged eighteen years or over at the date of his conviction, five years from the date of conviction;

(b) in the case of a person aged under the age of eighteen years at the date of his conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the probation order ceases or ceased to have effect, whichever is the longer. " .

(2) The amendments made by this paragraph shall apply only in relation to persons placed on probation after the date on which this paragraph comes into force.

Transfers of proceedings

12 In section 3 of the [1976 c. 63.] Bail Act 1976 (general provisions)--

(a) in subsection (8A) (inserted by paragraph 9 of Schedule 2 to the [1987 c. 38.] Criminal Justice Act 1987), for the words "section 4 of the Criminal Justice Act 1987" there shall be substituted the words "a relevant transfer provision"; and

(b) after subsection (9) there shall be inserted the following subsection--

" (10) In subsection (8A) above "relevant transfer provision" means--

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991. " .

Anonymity of victims of certain offences

13 In section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976 (anonymity of victims in rape etc. cases), after subsection (6) there shall be inserted the following subsection--

" (6A) For the purposes of this section, where it is alleged or there is an accusation that an offence of incitement to rape or conspiracy to rape has been committed, the person who is alleged to have been the intended victim of the rape shall be regarded as the alleged victim of the incitement or conspiracy or, in the case of an accusation, as the complainant. " .

Execution of warrants for non-payment

14 (1) In section 38A(6) of the [1977 c. 45.] Criminal Law Act 1977 (execution of warrants for imprisonment for non-payment of fine), for the words "the age of 17 years" there shall be substituted the words "the age of 18 years".

(2) In section 38B(6) of the Criminal Law Act 1977 (execution of warrants for commitment for non-payment of due sum), for the words "the age of 17 years" there shall be substituted the words "the age of 18 years".

Committals for sentence

15 In section 38 of the [1980 c. 43.] Magistrates' Courts Act 1980 (power of magistrates' court to commit offender to Crown Court for sentence), in subsection (2)(b)--

(a) the words from "committed" to "21 years old" shall be omitted; and

(b) for the words "sentence of imprisonment" there shall be substituted the words "custodial sentence".

Conditional or absolute discharge: appeal to Crown Court

16 In section 108(1A) of the Magistrates' Courts Act 1980 (right of appeal to Crown Court in case of conditional or absolute discharge), for the words "Section 13" there shall be substituted the words "Section 1C".

Transfers of proceedings

17 In section 76 of the [1981 c. 54.] Supreme Court Act 1981 (alteration by Crown Court of place of trial) (as amended by paragraph 10 of Schedule 2 to the Criminal Justice Act 1987)--

(a) in subsection (1), for the words "section 4 of the Criminal Justice Act 1987" there shall be substituted the words "a relevant transfer provision";

(b) in subsection (3), for the words "section 4 of the Criminal Justice Act 1987" there shall be substituted the words "a relevant transfer provision"; and

" (5) In this section "relevant transfer provision" means--

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991. " .

The amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 51 of Schedule 4 to this Act.

Transfers of proceedings

18 In section 77 of the [1981 c. 54.] Supreme Court Act 1981 (date of trial) (as amended by paragraph 11 of Schedule 2 to the [1987 c. 38.] Criminal Justice Act 1987)--

(a) in subsection (1), for the words "section 4 of the Criminal Justice Act 1987" there shall be substituted the words "a relevant transfer provision";

(b) in subsection (2), after the words "committed by a magistrates' court" there shall be inserted the words "or in respect of whom a notice of transfer under a relevant transfer provision has been given";

(c) in subsection (3), after the words "committal for trial" there shall be inserted the words "or of a notice of transfer"; and

(d) after subsection (3), there shall be inserted the following subsection--

" (4) In this section "relevant transfer provision" means--

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991. " .

The amendments made by this paragraph shall cease to have effect on the coming into force of the amendments made by paragraph 52 of Schedule 4 to this Act.

Transfers of proceedings

19 In section 81 of the Supreme Court Act 1981 (bail by Crown Court)--

(a) in subsection (1)(a) (as amended by paragraph 12 of Schedule 2 to the Criminal Justice Act 1987), for the words "section 4 of the Criminal Justice Act 1987" there shall be substituted the words "a relevant transfer provision"; and

(b) after subsection (6), there shall be inserted the following subsection--

" (7) In subsection (1) above "relevant transfer provision" means--

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991. " .

Electronic transmission of obscene material (Scotland)

20 In section 51(8) of the [1982 c. 45.] Civic Government (Scotland) Act 1982, after the words "otherwise reproducing" there shall be inserted the words ", or, where the material is data stored electronically, transmitting that data".

Fines for breach of attendance centre orders or rules

21 In section 19 of the [1982 c. 48.] Criminal Justice Act 1982 (breach of attendance centre orders or rules), for the subsection (3A) inserted by section 67(5) of the [1991 c. 53.] Criminal Justice Act 1991 there shall be substituted the following subsection--

" (3A) A fine imposed under subsection (3) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction. " .

Video recordings

22 In section 1 of the [1984 c. 39.] Video Recordings Act 1984 (which provides for the interpretation of, among other terms, "video work" and "video recordings")--

(a) in subsection (2), in paragraph (a), the word "or" before the words "magnetic tape" shall be omitted and after those words there shall be inserted the words "or any other device capable of storing data electronically"; and

(b) in subsection (3), the word "or" before the words "magnetic tape" shall be omitted and after those words there shall be inserted the words "or any other device capable of storing data electronically".

Standard period of validity of search warrants

23 In the following enactments there shall be omitted the words from "within" to "warrant" (which prescribe the period of validity of warrants under those enactments for which section 16(3) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 prescribes a standard period of one month), namely--

(a) section 4(2) of the [1978 c. 37.] Protection of Children Act 1978; and

(b) section 17(1) of the Video Recordings Act 1984.

Transfers of proceedings

24 In section 62(10) of the [1984 c. 39.] Police and Criminal Evidence Act 1984 (power of court to draw inferences from failure of accused to consent to provide intimate sample), after paragraph (a) there shall be inserted the following paragraph--

" (aa) a judge, in deciding whether to grant an application made by the accused under--

(i) section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or

(ii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); and " .

Transfers of proceedings

25 In section 16 of the [1985 c. 23.] Prosecution of Offences Act 1985 (defence costs)--

(a) in subsection (2)(aa) (inserted by paragraph 14 of Schedule 2 to the [1987 c. 38.] Criminal Justice Act 1987), for the words "section 4 of the Criminal Justice Act 1987" there shall be substituted the words "a relevant transfer provision"; and

(b) after subsection (11) there shall be inserted the following subsection--

" (12) In subsection (2)(aa) "relevant transfer provision" means--

(a) section 4 of the Criminal Justice Act 1987, or

(b) section 53 of the Criminal Justice Act 1991. " .

Award of costs against accused

26 In section 18(5) of the Prosecution of Offences Act 1985 (award of costs against accused), for the words "the age of seventeen" there shall be substituted the words "the age of eighteen".

Transfers of proceedings

27 In section 22 of the [1985 c. 23.] Prosecution of Offences Act 1985 (time limits for preliminary stages of criminal proceedings), in subsection (11), in the definition of "custody of the Crown Court", after paragraph (c) (inserted by paragraph 104 of Schedule 15 to the [1988 c. 38.] Criminal Justice Act 1988), there shall be inserted the following paragraph, preceded by the word ", or", namely--

" (d) paragraph 2(1)(a) of Schedule 6 to the Criminal Justice Act 1991 (custody after transfer order in certain cases involving children). " .

Confiscation orders in drug trafficking cases: variation of sentences

28 In section 1A of the [1986 c. 32.] Drug Trafficking Offences Act 1986 (inserted by section 8 of the [1993 c. 36.] Criminal Justice Act 1993) (power of court to postpone determinations required before a confiscation order can be made), after subsection (9) there shall be inserted the following subsection--

" (9A) Where the court has sentenced the defendant under subsection (7) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in section 1(5)(b)(ii) or (iii) of this Act so long as it does so within a period corresponding to that allowed by section 47(2) or (3) of the Supreme Court Act 1981 (time allowed for varying a sentence) but beginning with the end of the specified period. " .

Transfer of fraud cases

29 In section 4 of the [1987 c. 22.] Criminal Justice Act 1987 (transfer of certain fraud cases to Crown Court), in subsection (1)(b)(ii), for the words "seriousness and complexity" there shall be substituted the words "seriousness or complexity".

Fraud cases: preparatory hearings

30 In section 7 of the Criminal Justice Act 1987 (preparatory hearings for certain fraud cases), in subsection (1), for the words "seriousness and complexity" there shall be substituted the words "seriousness or complexity".

Transfers of proceedings

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