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

(The document as of February, 2008)

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Transfers of proceedings

31 In section 25(1) of the [1988 c. 33.] Criminal Justice Act 1988 (principle to be followed by court in certain proceedings), in paragraph (a), after head (iii) there shall be inserted the following--

" (iv) on the hearing of an application under paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal of charges in certain cases involving children transferred from magistrates' court to Crown Court); or " .

Evidence through television links

32 In section 32 of the Criminal Justice Act 1988 (evidence through television links), in subsection (3B) (inserted by section 55(4) of the [1991 c. 53.] Criminal Justice Act 1991), for the words "subsection (3) above" there shall be substituted the words "subsection (3A) above".

Competence of children

33 In section 33A of the Criminal Justice Act 1988 (inserted by section 52(1) of the Criminal Justice Act 1991), after subsection (2) there shall be inserted the following subsection--

" (2A) A child's evidence shall be received unless it appears to the court that the child is incapable of giving intelligible testimony. " .

Reviews of sentencing

34 In section 35 of the [1988 c. 33.] Criminal Justice Act 1988 (kinds of case referable for review of sentence)--

(a) in subsection (3), for the words following "case" there shall be substituted the following words-- " --

(a) of a description specified in an order under this section; or

(b) in which sentence is passed on a person--

(i) for an offence triable only on indictment; or

(ii) for an offence of a description specified in an order under this section " ; and

(b) in subsection (4), after the word "case", there shall be inserted the words " of a description specified in the order or to any case " .

Assaulting prisoner custody officer triable with indictable offence

35 In section 40(3) of the [1988 c. 33.] Criminal Justice Act 1988 (summary offences triable with indictable offences), after paragraph (a), there shall be inserted the following paragraphs--

" (aa) an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer);

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

Confiscation orders: variation of sentence

36 In section 72A of the [1988 c. 33.] Criminal Justice Act 1988 (inserted by section 28 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 72(5)(b) or (c) above 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. " .

Extradition from the United Kingdom

37 (1) The [1989 c. 33.] Extradition Act 1989 shall be amended as follows.

(2) In section 2(4) (law of, and conduct in, parts or dependencies of foreign States)--

(a) for the words "subsections (1) to (3) above" there shall be substituted the words "this Act, except Schedule 1"; and

(b) at the end there shall be inserted the following paragraph preceded by the word "; but"--

" (d) reference shall be made to the law of the colony or dependency of a foreign state or of a designated Commonwealth country, and not (where different) to the law of the foreign state or Commonwealth country, to determine the level of punishment applicable to conduct in that colony or dependency. " .

(3) In section 7 (procedure for making and implementing extradition requests)--

(a) in subsection (1)--

(i) after the word "made" there shall be inserted the words "to the Secretary of State";

(ii) for paragraph (a) there shall be substituted the following paragraph--

" (a) by--

(i) an authority in a foreign state which appears to the Secretary of State to have the function of making extradition requests in that foreign state, or

(ii) some person recognised by the Secretary of State as a diplomatic or consular representative of a foreign state; or " and

(iii) after paragraph (b), there shall be inserted the words-- " and an extradition request may be made by facsimile transmission and an authority to proceed issued without waiting to receive the original " ;

(b) in subsection (2)--

(i) in paragraph (c), after the word "warrant" there shall be inserted the words "or a duly authenticated copy of a warrant"; and

(ii) in paragraph (d), after the word "certificate" there shall be inserted the words "or a duly authenticated copy of a certificate"; and

" (7) Where an extradition request is made by facsimile transmission this Act (including subsection (2) above) shall have effect as if the foreign documents so sent were the originals used to make the transmission and receivable in evidence accordingly. " .

Remands and committals of young persons to secure accommodation

38 In section 21 of the [1989 c. 41.] Children Act 1989 (provision of accommodation for children on remand, etc.), in subsection (2)(c)(i), after the words "on remand" there shall be inserted the words "(within the meaning of the section)".

Non-intimate samples: samples of hair

39 In Article 63 of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (regulation of taking of non-intimate samples), at the end, there shall be inserted the following paragraph--

" (10) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary (in point of quantity or quality) for the purpose of enabling information to be produced by means of analysis used or to be used in relation to the sample. " .

Pre-sentence reports

40 (1) The [1991 c. 53.] Criminal Justice Act 1991 shall be amended as follows.

(2) In section 3 (requirement to obtain pre-sentence reports before passing custodial sentences)--

(a) in subsection (2), the words from the beginning to "indictment," shall be omitted;

(b) after subsection (2), there shall be inserted the following subsection--

" (2A) In the case of an offender under the age of eighteen years, save where the offence or any other offence associated with it is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (2) above or subsection (4A) below unless there exists a previous pre-sentence report obtained in respect of the offender and the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report. " ;

(i) the words from "which is" to "applies" shall be omitted;

(ii) for the words "comply with that subsection" there shall be substituted the words "obtain and consider a pre-sentence report before forming an opinion referred to in subsection (1) above"; and

(iii) in paragraph (a), after the word "shall" there shall be inserted the words ", subject to subsection (4A) below,"; and

(d) after subsection (4) there shall be inserted the following subsection--

" (4A) Subsection (4)(a) above does not apply if the court is of the opinion--

(a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report, or

(b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report. " .

(3) In section 7 (requirement to obtain pre-sentence reports before passing certain community sentences)--

(a) in subsection (3), at the beginning, there shall be inserted the words "Subject to subsection (3A) below,";

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

" (3A) Subsection (3) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.

(3B) In the case of an offender under the age of eighteen years, save where the offence or any other offence associated with it is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (3A) above or subsection (5) below unless there exists a previous pre-sentence report obtained in respect of the offender and the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report. " ;

(i) for the words "comply with" there shall be substituted the words "obtain and consider a pre-sentence report before forming an opinion referred to in"; and

(ii) in paragraph (a), after the word "shall" there shall be inserted the words ", subject to subsection (5) below,";

(d) after subsection (4) there shall be inserted the following subsection--

" (5) Subsection (4)(a) above does not apply if the court is of the opinion--

(a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report, or

Curfew orders

41 In section 12 of the Criminal Justice Act 1991 (curfew orders) after subsection (4) there shall be inserted the following subsection--

" (4A) A court shall not make a curfew order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender's whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn. " .

Fines

42 (1) Sections 18 and 20 of the [1991 c. 53.] Criminal Justice Act 1991 (which relate respectively to the fixing of fines and financial circumstances orders) shall be amended as provided in sub-paragraphs (2) and (3) below.

(2) In section 18--

(a) for subsection (1), there shall be substituted the following subsection--

" (1) Before fixing the amount of any fine to be imposed on an offender who is an individual, a court shall inquire into his financial circumstances. " ; and

(b) in subsection (3), after the word "fine" there shall be inserted the words " to be imposed on an offender (whether an individual or other person) " .

(3) In section 20, in subsections (1), (1A), (1B), (1C), (2) and (3) for the words "a person" and "any person" there shall be substituted the words "an individual" and "any individual".

(4) In section 57(4) of that Act (application to local authorities of power to order fines to be paid by a parent or guardian), paragraph (b) shall be omitted.

(5) The amendments made by this paragraph apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as they apply in relation to offenders convicted after that date.

False statements as to financial circumstances

43 After section 20 of the Criminal Justice Act 1991 there shall be inserted the following section--

" 20A False statements as to financial circumstances.

(1) A person who is charged with an offence who, in furnishing a statement of his financial circumstances in response to an official request--

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

(b) recklessly furnishes a statement which is false in a material particular; or

shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

(2) For the purposes of this section an official request is a request which--

(a) is made by the clerk of the magistrates' court or the appropriate officer of the Crown Court, as the case may be; and

(b) is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose.

(3) Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier. " .

Effect of previous probation orders and discharges

44 (1) Section 29 of the [1991 c. 53.] Criminal Justice Act 1991 (as substituted by section 66(6) of the [1993 c. 36.] Criminal Justice Act 1993) (effect of previous convictions and offending while on bail and treatment of certain orders as sentences and convictions) shall be amended as follows.

(2) In subsection (4), for the words "conditional discharge order" there shall be substituted the words "an order discharging the offender absolutely or conditionally".

(3) After subsection (4) there shall be inserted the following subsections--

" (5) A conditional discharge order made after 30th September 1992 (which, by virtue of section 1A of the Powers of Criminal Courts Act 1973, would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.

(6) A conviction in respect of which an order discharging the offender absolutely or conditionally was made after 30th September 1992 (which, by virtue of section 1C of the Powers of Criminal Courts Act 1973, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes. " .

(4) The amendments made by this paragraph shall apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as they apply in relation to offenders convicted after that date.

Sexual offences

45 (1) In section 31(1) of the [1991 c. 53.] Criminal Justice Act 1991 (which defines, amongst other expressions, "sexual offence"), for that definition, there shall be substituted the following definition--

" "sexual offence" means any of the following--

(a) an offence under the [1956 c. 69.] Sexual Offences Act 1956, other than an offence under section 30, 31 or 33 to 36 of that Act;

(b) an offence under section 128 of the [1959 c. 72.] Mental Health Act 1959;

(d) an offence under section 9 of the [1968 c. 60.] Theft Act 1968 of burglary with intent to commit rape;

(e) an offence under section 54 of the [1977 c. 45.] Criminal Law Act 1977;

(f) an offence under the [1978 c. 37.] Protection of Children Act 1978;

(g) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit any of the offences in paragraphs (a) to (f) above;

(h) an offence under section 1 of the [1981 c. 47.] Criminal Attempts Act 1981 of attempting to commit any of those offences;

(i) an offence of inciting another to commit any of those offences; " .

(2) The amendment made by this paragraph shall apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as it applies in relation to offenders convicted after that date.

Discretionary life prisoners

46 (1) In section 34 of the [1991 c. 53.] Criminal Justice Act 1991 (duty to release discretionary life prisoners after they have served the relevant part of their sentence and the Parole Board has directed their release)--

(a) in subsection (6), for the words after "sentence" there shall be substituted the following words-- " --

(a) account shall be taken of any corresponding relevant period; but

(b) no account shall be taken of any time during which the prisoner was unlawfully at large within the meaning of section 49 of the Prison Act 1952 ("the 1952 Act"). " ; and

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

" (6A) In subsection (6)(a) above, "corresponding relevant period" means the period corresponding to the period by which a determinate sentence of imprisonment imposed on the offender would fall to be reduced under section 67 of the Criminal Justice Act 1967 (reduction of sentences to take account of police detention or remands in custody). " .

(2) In paragraph 9(2) of Schedule 12 to that Act (application of early release provisions of the Act to existing life prisoners), after paragraph (b) there shall be inserted the following paragraph, preceded by the word "and"--

" (c) in section 34 of this Act, paragraph (a) of subsection (6) and subsection (6A) were omitted. " .

Committals for sentence

47 In section 40(3) of the [1991 c. 53.] Criminal Justice Act 1991 (power of magistrates' court to commit offender convicted of new offence during currency of previous sentence to Crown Court for sentence), in paragraph (b), for the words from "in accordance with" to the end there shall be substituted the words "; and the Crown Court to which he has been so committed may make such an order with regard to him as is mentioned in subsection (2) above.".

Extradited persons: sentence of imprisonment to reflect custody

48 (1) In section 47 of the Criminal Justice Act 1991 (computation of sentences of imprisonment of persons extradited to United Kingdom), in subsection (4), in the definition of "extradited to the United Kingdom", after paragraph (iv), there shall be inserted the following paragraph, preceded by the word "or"--

" (v) in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force; " .

(2) In each of sections 218(3) and 431(3) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (corresponding provisions for Scotland), after paragraph (c) there shall be inserted the following paragraph--

" (cc) in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force; " .

Transfers of proceedings

49 In section 53 of the [1991 c. 53.] Criminal Justice Act 1991 (notices of transfer in certain cases involving children)--

(a) in subsection (1), for the words "served" and "on" there shall be substituted the words "given" and "to";

(b) in subsection (2), for the word "served" there shall be substituted the word "given";

(d) in subsection (4), for the word "serve" there shall be substituted the word "give".

Community sentences: binding over of parent or guardian

50 In section 58(2) of the [1991 c. 53.] Criminal Justice Act 1991 (power of court to bind over parent or guardian of young offender), at the end, there shall be inserted the following paragraph--

" Where the court has passed on the relevant minor a community sentence (within the meaning of section 6 above) it may include in the recognisance a provision that the minor's parent or guardian ensure that the minor complies with the requirements of that sentence. " .

Confiscation orders in terrorist-related activities cases: variation of sentences

51 (1) In section 48 of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (postponed confiscation orders etc.), after subsection (3B) there shall be inserted the following subsection--

" (3C) Where the court has sentenced the defendant under subsection (2) or (3) 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 subsection (5)(b) or (c) below so long as it does so within a period corresponding to that allowed by section 49(2) or (3) of the Judicature (Northern Ireland) Act 1978 (time allowed for varying a sentence) but beginning with the end of the specified period. " .

(2) For the purposes of section 69 of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (temporary provisions) the amendment made in that Act by this paragraph shall be treated, as from the time when this paragraph comes into force, as having been continued in force by the order made under subsection (3) of that section which has effect at that time.

Anonymity of victims of certain offences

52 (1) The [1992 c. 34.] Sexual Offences (Amendment) Act 1992 shall be amended as follows.

(2) In section 2(1) (offences to which the Act applies), after paragraph (e) there shall be inserted the following paragraphs--

" (f) any conspiracy to commit any of those offences;

(g) any incitement of another to commit any of those offences. " .

(3) In section 6 (interpretation)--

(a) after subsection (2) there shall be inserted the following subsection--

" (2A) For the purposes of this Act, where it is alleged or there is an accusation that an offence of conspiracy or incitement of another to commit an offence mentioned in section 2(1)(a) to (d) has been committed, the person against whom the substantive offence is alleged to have been intended to be committed shall be regarded as the person against whom the conspiracy or incitement is alleged to have been committed.

In this subsection, "the substantive offence" means the offence to which the alleged conspiracy or incitement related. " ; and

(b) in subsection (3), after the words "references in" there shall be inserted the words " subsection (2A) and in " .

Application of 1993 Act powers to pre-commencement offences

53 Section 78(6) of the [1993 c. 36.] Criminal Justice Act 1993 (application of Act to pre-commencement offences) shall have effect, and be deemed always to have had effect, with the substitution, for the words from "or the powers" to the end, of the words "and, where it confers a power on the court, shall not apply in proceedings instituted before the coming into force of that provision.".

Section 168(2).

SCHEDULE 10 Consequential Amendments

Bail: exclusion in homicide and rape cases

1 In section 2 of the [1679 c. 2.] Habeas Corpus Act 1679 (bail for persons released from custody under habeas corpus while awaiting trial), after the words "brought as aforesaid shall" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Evidence of accused in criminal proceedings

2 In section 1 of the [1898 c. 36.] Criminal Evidence Act 1898 (competency of accused to give evidence in criminal proceedings), proviso (b) shall be omitted.

Evidence of accused in criminal proceedings

3 In section 1 of the [1923 c. 9 (N.I.).] Criminal Evidence Act (Northern Ireland) 1923 (competency of accused to give evidence in criminal proceedings)--

(a) after the words "Provided as follows:--" there shall be inserted the following proviso--

" (a) A person so charged shall not be called as a witness in pursuance of this Act except upon his own application; " ;

(b) proviso (b) shall be omitted.

Responsibility for fine for breach of requirements of secure training order

4 In section 55(1A) of the [1933 c. 12.] Children and Young Persons Act 1933 (power of court to order parent or guardian to pay fine imposed on child or young person), after paragraph (b) there shall be inserted the following paragraph--

" (c) a court would impose a fine on a child or young person under section 4(3) of the Criminal Justice and Public Order Act 1994 (breach of requirements of supervision under secure training order), " .

Bail: exclusion in homicide and rape cases

5 In section 56(3) of the [1933 c. 12.] Children and Young Persons Act 1933 (powers of courts remitting young offenders to youth court), after the word "may" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Bail: exclusion in homicide or rape cases

6 In section 37(1) of the [1948 c. 58.] Criminal Justice Act 1948 (power of High Court to grant bail on case stated or application for certiorari)--

(a) in paragraph (b), after the word "may" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,"; and

(b) in paragraph (d), after the word "may" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Modernisation of "servant" in Prison Act

7 In section 3(1) of the [1952 c. 52.] Prison Act 1952 (officers and servants at prisons), for the word "servants" there shall be substituted the words "employ such other persons".

Use of young offender institutions as secure training centres

8 In section 37(4) of the Prison Act 1952 (prisons not deemed closed where used as remand centres etc.), at the end, there shall be inserted the words "or secure training centre".

Young offenders absconding from secure training centres

9 (1) Section 49 of the [1952 c. 52.] Prison Act 1952 (persons unlawfully at large) shall be amended as follows.

(2) In subsection (1), after the words "young offenders institution" there shall be inserted the words "or a secure training centre".

(3) In subsection (2), for the words between "detained in a" and "is unlawfully" there shall be substituted the words "young offenders institution or in a secure training centre".

(4) In subsection (2), in proviso (a), for the words after "prison" there shall be substituted the words "remand centre, young offenders institution or secure training centre".

Bail: exclusion in homicide and rape cases

10 In section 4(2) of the [1960 c. 65.] Administration of Justice Act 1960 (power of High Court to grant bail to persons appealing to the House of Lords), after the words "Divisional Court shall" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Young offenders: application of prison rules

11 In section 23(4) of the [1961 c. 39.] Criminal Justice Act 1961 (which applies provisions relating to prison rules to other institutions), before the words "and remand centres" there shall be inserted the words "secure training centres".

Young offenders: transfer, supervision and recall within British Islands

12 (1) Part III of the [1961 c. 39.] Criminal Justice Act 1961 (transfer, supervision and recall within British Islands) shall have effect with the following amendments.

(2) In section 29--

(a) in subsection (1), for the words from "youth custody centre" to "young offenders institution" there shall be substituted the words "or institution for young offenders to which this subsection applies";

(b) after subsection (2), there shall be inserted the following subsection--

" (2A) The institutions for young offenders to which subsection (1) above applies are the following: a remand centre, young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre. " .

(3) In section 30--

(a) in subsection (3), for the words between "prison" and "in any part" there shall be substituted the words "or institution for young offenders to which this subsection applies";

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

" (3A) The institutions for young offenders to which subsection (3) above applies are the following: a young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre. " .

(4) In section 32, in subsection (2), after paragraph (k), there shall be inserted the following paragraph--

" (l) sections 1 and 3 of the Criminal Justice and Public Order Act 1994. " .

(5) In section 38(3), for paragraph (a), there shall be substituted the following paragraph--

" (a) the expression "imprisonment or detention" means imprisonment, custody for life, detention in a young offenders institution or in a secure training centre or detention under an equivalent sentence passed by a court in the Channel Islands or the Isle of Man; " .

Payment of damages by police authority

13 In section 48(4) of the [1964 c. 48.] Police Act 1964 (payment by police authority of damages awarded against constables), after the words "section 14 of this Act" there shall be inserted the words "or section 141 of the Criminal Justice and Public Order Act 1994".

Cross-border enforcement: extension of protection

14 In section 51 of the [1964 c. 48.] Police Act 1964 (assaults on, and obstruction of, constables), after subsection (3), there shall be inserted the following subsection--

" (4) This section also applies to a constable who is a member of a police force maintained in Scotland or Northern Ireland when he is executing a warrant or otherwise acting in England or Wales by virtue of any enactment conferring powers on him in England and Wales. " .

Bail: exclusion in homicide and rape cases

15 In section 22(1) of the [1967 c. 80.] Criminal Justice Act 1967 (power of High Court to grant bail), after the word "may", there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Young offenders: detention under secure training order

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