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

(The document as of February, 2008)

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Young offenders: detention under secure training order

16 Section 67 of the [1967 c. 80.] Criminal Justice Act 1967 (computation of sentences of imprisonment or detention passed in England and Wales) shall be amended by the insertion in subsection (5), after paragraph (b), of the following paragraph--

" (c) to secure training orders under section 1 of the Criminal Justice and Public Order Act 1994; " .

Payment of damages by Scottish police authority

17 In section 39(4) of the [1967 c. 77.] Police (Scotland) Act 1967 (payment by police authority of damages awarded against constables), after the words "section 11 of this Act" there shall be inserted the words "or section 141 of the Criminal Justice and Public Order Act 1994".

Assaults on constables etc.

18 In section 41 of the Police (Scotland) Act 1967 (assaults on constables etc.), after subsection (2), there shall be inserted the following subsection--

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

Bail: exclusion in homicide and rape cases

19 In section 8(2)(a) of the [1968 c. 19.] Criminal Appeal Act 1968 (powers of Court of Appeal on retrial), after the words "custody or" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Bail: exclusion in homicide and rape cases

20 In section 11(5) of the Criminal Appeal Act 1968 (powers of Court of Appeal on quashing interim hospital order), 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 and rape cases

21 In section 16(3)(b) of the Criminal Appeal Act 1968 (powers of Court of Appeal on allowing an appeal against a finding that a person is under a disability), 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 and rape cases

22 In section 19(1) of the Criminal Appeal Act 1968 (power of Court of Appeal 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,".

Bail: exclusion in homicide and rape cases

23 In section 36 of the Criminal Appeal Act 1968 (power of Court of Appeal to grant bail on appeal by defendant), 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: possession of firearms

24 (1) The [1968 c. 27.] Firearms Act 1968 shall be amended as follows.

(2) In section 21 (possession of firearms by persons previously convicted of crime)--

(a) in subsection (2), after the word "Scotland" there shall be inserted the words "or who has been subject to a secure training order"; and

(b) for subsection (2A) there shall be substituted--

" (2A) For the purposes of subsection (2) above, "the date of his release" means--

(a) in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (prison sentence partly served and partly suspended), the date on which he completes service of so much of the sentence as was by that order required to be served in prison;

(b) in the case of a person who has been subject to a secure training order--

(i) the date on which he is released from detention under the order;

(ii) the date on which he is released from detention ordered under section 4 of the Criminal Justice and Public Order Act 1994; or

(iii) the date halfway through the total period specified by the court in making the order,

whichever is the later. " .

(3) In section 52(1) (forfeiture and disposal of firearms), in paragraph (a), after the word "Scotland" there shall be inserted the words "or is subject to a secure training order".

Cross-border enforcement: extension of protection

25 In section 7 of the [1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (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 England and Wales or Scotland when he is executing a warrant or otherwise acting in Northern Ireland by virtue of any statutory provision conferring powers on him in Northern Ireland. " .

Sexual offences: male rape

26 In section 9(2) of the [1968 c. 31.] Theft Act 1968 (offences which if intended by a trespasser constitute burglary), for the words "raping any woman" there shall be substituted the words "raping any person".

Payment of damages by Police Authority for Northern Ireland

27 In section 14(5) of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 (payment by Police Authority of damages awarded against persons serving with the Royal Ulster Constabulary), for the words "section 19" there shall be substituted the words "section 141 of the Criminal Justice and Public Order Act 1994".

Jury service: penalty for serving when not qualified

28 In section 20(5) of the [1974 c. 23.] Juries Act 1974 (offences in connection with jury service), at the end of paragraph (d) there shall be inserted " ; or

(e) knowing that he is not qualified for jury service by reason of section 40 of the Criminal Justice and Public Order Act 1994, serves on a jury, " .

Custody officers: ineligibility for jury service

29 In Part I of Schedule 1 to the [1974 c. 23.] Juries Act 1974, in Group B (ineligibility for jury service of certain persons concerned with the administration of justice), after the entry for prisoner custody officers within the meaning of Part IV of the [1991 c. 53.] Criminal Justice Act 1991, there shall be inserted the following entry--

" Custody officers within the meaning of Part I of the Criminal Justice and Public Order Act 1994 " .

Rehabilitation of offenders subject to secure training orders

30 In section 5(6) of the [1974 c. 53.] Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences), after paragraph (c), there shall be inserted the following paragraph, preceded by the word "or"--

" (d) a secure training order under section 1 of the Criminal Justice and Public Order Act 1994; " .

Prisoner custody officers: ineligibility for jury service

31 In Schedule 2 to the [S.I. 1974/2143 (N.I. 6).] Juries (Northern Ireland) Order 1974 (exemptions from jury service) in the group headed "Persons connected with the administration of justice", at the end there shall be inserted-- " Prisoner custody officers within the meaning of section 122(1) of the Criminal Justice and Public Order Act 1994. " .

Bail: exclusion in homicide and rape cases

32 In section 4 of the [1976 c. 63.] Bail Act 1976 (entitlement to bail), after subsection (7), there shall be inserted the following subsection--

" (8) This section is subject to section 25 of the Criminal Justice and Public Order Act 1994 (exclusion of bail in cases of homicide and rape). " .

Police bail: variation by magistrates

33 In section 4(2) of the [1976 c. 63.] Bail Act 1976 (occasions for implementation of right to bail), in paragraph (b), after the words "for bail" there shall be inserted the words "or for a variation of the conditions of bail".

Bail: no right for persons offending while on bail

34 In Part III of Schedule 1 to the Bail Act 1976, in paragraph 2, at the end, there shall be inserted the words "; and so as respects the reference to an offence committed by a person on bail in relation to any period before the coming into force of paragraph 2A of Part 1 of this Schedule.".

Sexual offences: male rape

35 (1) The [1976 c. 82.] Sexual Offences (Amendment) Act 1976 shall be amended as follows.

(2) In section 1(2) (reasonable grounds for belief in consent to intercourse), after the word "woman" there shall be inserted the words "or man".

(3) In section 2(3) (restrictions on evidence at trials for rape etc.), after the word "woman" there shall be inserted the words "or man".

(4) In section 7(2) (interpretation of terms used in the Act)--

(a) the words from "references" to "only);" shall be omitted; and

(b) for the words "and section 46 of that Act" there shall be substituted the words "section 46 of the Sexual Offences Act 1956".

Sexual offences: male rape

36 (1) Section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976 (anonymity of complainants in rape etc. cases) shall be amended as follows.

(2) In subsection (1)--

(a) in paragraph (a)--

(i) after the word "woman" in both places where it occurs there shall be inserted the words "or man";

(ii) for the words "woman's name nor her address" there shall be substituted the words "name nor the address of the woman or man";

(iii) after the words "of her" there shall be inserted the words "or him";

(iv) for the words "her lifetime" there shall be substituted the words "that person's lifetime"; and

(v) for the words "identify her" there shall be substituted the words "identify that person"; and

(b) in paragraph (b)--

(i) after the word "woman" there shall be inserted the words "or man"; and

(ii) for the words "her lifetime" there shall be substituted the words "that person's lifetime".

(3) In subsection (5A), after the word "woman" there shall be inserted the words "or man".

(4) In subsection (5B), for the words "woman's peace or comfort" there shall be substituted the words "peace or comfort of the woman or man".

(5) In subsection (6), in the definition of "complainant", after the word "woman" there shall be inserted the words "or man".

Indecent photographs etc.

37 (1) The [1978 c. 37.] Protection of Children Act 1978 shall be amended as follows.

(2) In section 2(3), after the words "proceedings under this Act" there shall be inserted the words "relating to indecent photographs of children".

(3) In section 4--

(a) in subsection (1), after the word "photograph" there shall be inserted the words "or pseudo-photograph"; and

(b) in subsection (2), after the word "photographs" there shall be inserted the words "or pseudo-photographs".

(4) In section 5(2), (5) and (6), after the word "photographs" there shall be inserted the words "or pseudo-photographs".

Indecent photographs etc. (Northern Ireland)

38 (1) The [S.I. 1978/1047 (N.I.17).] Protection of Children (Northern Ireland) Order 1978 shall be amended as follows.

(2) In Article 4(1)--

(a) after the word "photograph" there shall be inserted the words "or pseudo-photograph"; and

(b) after the word "photographs" there shall be inserted the words "or pseudo-photographs".

(3) In Article 5(3) and (5), after the word "photographs" there shall be inserted the words "or pseudo-photographs".

(4) In Article 6(1), after the word "photographs" there shall be inserted the words "or pseudo-photographs".

(5) In Article 7(1), after the word "Order" there shall be inserted the words "relating to indecent photographs of children".

Secure training orders: absence of accused

39 In section 11(3) of the [1980 c. 43.] Magistrates' Courts Act 1980 (certain sentences and orders not to be made in absence of accused), after the word "make" there shall be inserted the words "a secure training order or".

Procedure for young offenders in cases of grave crimes

40 In section 24(1)(a) of the Magistrates' Courts Act 1980 (exception to summary trial of children or young persons) the words "he has attained the age of 14 and" shall be omitted.

Bail: exclusion in homicide and rape cases

41 In section 29(4)(b) of the Magistrates' Courts Act 1980 (person under 18 remitted to youth court for trial), 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 and rape cases

42 In section 37(1) of the Magistrates' Courts Act 1980 (committal to Crown Court for sentence), after the word "may" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Police bail

43 In section 43(1) of the Magistrates' Courts Act 1980 (bail under the [1984 c. 60.] Police and Criminal Evidence Act 1984), after the words "bail under" there shall be inserted the words "Part IV of".

Bail: exclusion in homicide or rape cases

44 In section 113(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to grant bail on appeal to Crown Court or by way of case stated), after the word "may" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Prisoner custody officers: ineligibility for jury service

45 In Part I of Schedule 1 to the [1980 c. 55.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (which makes ineligible for jury service persons connected with the administration of justice), in Group B, after paragraph (o) there shall be inserted the following paragraph--

" (oo) prisoner custody officers within the meaning of section 114(1) of the Criminal Justice and Public Order Act 1994; " .

Young offenders: detention in the custody of a constable and others

46 In section 6 of the [1980 c. 57.] Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable)--

(a) in subsection (1), after the words "remand centre" there shall be inserted the words "secure training centre";

(b) in subsection (2), after the words "remand centre" there shall be inserted the words "secure training centre"; and

" (4) Any reference in this section to a constable includes a reference to a custody officer (within the meaning of section 12 of the Criminal Justice and Public Order Act 1994) acting in pursuance of escort arrangements (within the meaning of Schedule 1 to that Act). " .

Detention by constables and officers of a prison etc.: maximum period

47 In section 2 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (detention and questioning at police station etc.)--

(a) at the beginning of subsection (3A) there shall be inserted "Subject to subsection (3B) below,"; and

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

" (3B) Subsection (3A) above shall not apply in relation to detention under section 41(3) of the Prisons (Scotland) Act 1989 (detention in relation to introduction etc. into prison of prohibited article), but where a person was detained under section 41(3) immediately prior to his detention under subsection (1) above the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention. " .

Bail: exclusion in homicide and rape cases

48 In section 81(1) of the [1981 c. 54.] Supreme Court Act 1981 (power of Crown 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: legal representation

49 In section 3(1) of the [1982 c. 48.] Criminal Justice Act 1982 (restriction on certain sentences where offender not legally represented), after paragraph (d) there shall be inserted the following paragraph, preceded by the word "or"--

" (e) make a secure training order, " .

Young offenders: early release

50 In section 32 of the [1982 c. 48.] Criminal Justice Act 1982 (early release by order of classes of prisoners and other persons), after subsection (7), there shall be inserted the following subsection--

" (7A) Subsections (1) and (4) above shall apply in relation to secure training centres and persons detained in such centres as they apply, by virtue of section 43(5) of the Prison Act 1952, to young offenders institutions and to persons detained in such institutions. " .

Bail: exclusion in homicide and rape cases

51 In section 51(4) of the [1983 c. 20.] Mental Health Act 1983 (power of court to remit or release on bail detained person), after the words "above or" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Video recordings

52 (1) The [1984 c. 39.] Video Recordings Act 1984 shall be amended as follows.

(2) In section 13, after subsection (2), there shall be inserted the following subsection--

" (3) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. " .

(3) For section 15 there shall be substituted the following section--

" 15 Time limit for prosecutions.

(1) No prosecution for an offence under this Act shall be brought after the expiry of the period of three years beginning with the date of the commission of the offence or one year beginning with the date of its discovery by the prosecutor, whichever is earlier.

(2) In Scotland, the reference in subsection (1) above to the date of discovery by the prosecutor shall be construed as a reference to the date on which evidence sufficient in the opinion of the Lord Advocate to warrant proceedings came to his knowledge.

(3) For the purposes of subsection (2) above--

(a) a certificate signed by the Lord Advocate or on his behalf and stating the date on which evidence came to his knowledge shall be conclusive evidence of that fact;

(b) a certificate purporting to be signed as mentioned in paragraph (a) above shall be presumed to be so signed unless the contrary is proved; and

(c) a prosecution shall be deemed to be brought on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay. " .

Interim possession order: power of entry

53 In section 17 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (police powers of entry to effect arrest etc.)--

(a) in subsection (1)(c), after sub-paragraph (iii), there shall be inserted the following sub-paragraph--

" (iv) section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order); " ;

(b) in subsection (3), after the words "subsection (1)(c)(ii)" there shall be inserted the words " or (iv) " .

Bail: exclusion in homicide and rape cases

54 In section 38(1) of the Police and Criminal Evidence Act 1984 (duty of custody officer to release on bail or without bail after charge), after the word "shall" there shall be inserted the words ", subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Searches of persons detained at police stations

55 In section 54(1)(b) of the Police and Criminal Evidence Act 1984 (searches of persons detained at police stations), for the words "under section 47(5) above" there shall be substituted the words ", as a person falling within section 34(7), under section 37 above".

Fingerprinting: speculative searches

56 In section 61 of the Police and Criminal Evidence Act 1984 (which regulates the taking of fingerprints)--

(a) after subsection (7) there shall be inserted the following subsection--

" (7A) If a person's fingerprints are taken at a police station, whether with or without the appropriate consent--

(a) before the fingerprints are taken, an officer shall inform him that they may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken. " ; and

(b) in subsection (8), after the word "them" there shall be inserted the words " and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection " .

Intimate samples: speculative searches

57 In section 62 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples)--

(a) after subsection (7) there shall be inserted the following subsection--

" (7A) If an intimate sample is taken from a person at a police station--

(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken. " ; and

(b) in subsection (8), after the words "subsection (7)" there shall be inserted the words " or (7A) " .

Non-intimate samples: speculative searches

58 In section 63 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples)--

(a) after the subsection (8A) inserted by section 55 of this Act, there shall be inserted the following subsection--

" (8B) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent--

(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken. " ; and

(b) in subsection (9), after the words "(8A)" there shall be inserted the words " or (8B) " .

Sexual offences: male rape and buggery

59 In Part I of Schedule 5 to the [1984 c. 60.] Police and Criminal Evidence Act 1984 (serious arrestable offences mentioned in section 116(2)(a) of that Act), for item 7 (buggery) there shall be substituted--

" 7 Buggery with a person under the age of 16. " .

Trespassory assemblies

60 In section 15(1) of the [1986 c. 64.] Public Order Act 1986 (delegation of functions), for "14" there shall be substituted "14A".

Inferences from accused's silence

61 (1) The [S.I. 1988/1987 (N.I.20).] Criminal Evidence (Northern Ireland) Order 1988 shall be amended as follows.

(2) In Article 3(1)(a), after the word "questioned" there shall be inserted the words "under caution".

(3) In Article 4--

(a) in paragraph (1)--

(i) for the words "to (7)" there shall be substituted the words "and (4)";

(ii) in sub-paragraph (b), the words "be called upon to" shall be omitted;

(iii) for the words from "if" onwards there shall be substituted the words ", at the conclusion of the evidence for the prosecution, his legal representative informs the court that the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence";

(b) for paragraphs (2) and (3) there shall be substituted the following paragraph--

" (2) Where this paragraph applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment conducted with a jury, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question. " ;

(i) at the beginning there shall be inserted the words "Where this paragraph applies,";

(ii) in sub-paragraph (a), for the words "from the refusal as appear proper" there shall be substituted the words "as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question";

(d) in paragraph (5), for the words "refusal to be sworn" there shall be substituted the words "failure to do so"; and

(e) paragraphs (9) and (10) shall be omitted.

(4) In Article 5(1)(b), for the words "the constable" there shall be substituted the words " that or another constable investigating the case " .

(5) In Article 5(2), after sub-paragraph (a), for the word "and" there shall be substituted the following sub-paragraph--

" (aa) a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates' court to the Crown Court under Article 3 of that Order); and " .

(6) In Article 5, after paragraph 3, there shall be inserted the following paragraph--

" (3A) This Article applies in relation to officers of customs and excise as it applies in relation to constables. " .

(7) In Article 6(1)(b), for the words "the constable" there shall be substituted the words "that or another constable investigating the case".

(8) In Article 6(2), after sub-paragraph (a), for the word "and" there shall be substituted the following sub-paragraph--

" (aa) a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates' court to the Crown Court under Article 3 of that Order); and " .

(9) In Article 6, after paragraph 2, there shall be inserted the following paragraph--

" (2A) This Article applies in relation to officers of customs and excise as it applies in relation to constables. " .

(10) In Article 6(3), for the words "do so" there shall be substituted the words "comply with the request".

Samples: application to terrorist suspects

62 (1) The [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as provided in sub-paragraphs (2) and (3) below.

(2) In section 15 (provisions supplementary to powers to arrest and detain suspected persons), after subsection (10), there shall be inserted the following subsections--

" (11) Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall apply to the taking of an intimate sample from a person under subsection (9) above as if--

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