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

(The document as of February, 2008)

-- Back --

Page 17

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

" (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--

(a) for subsection (2) there were substituted--

" (2) An officer may only give an authorisation under subsection (1) or (1A) above for the taking of an intimate sample if he is satisfied that it is necessary to do so in order to assist in determining--

(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or

(b) whether he is subject to an exclusion order under that Act;

or if the officer has reasonable grounds for suspecting that person's involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that an intimate sample will tend to confirm or disprove his involvement " ; and

(b) in subsection (6), after the word "includes", there were inserted the words " where relevant " .

(12) In this section, "intimate sample" has the same meaning as in section 65 of the [1984 c. 60.] Police and Criminal Evidence Act 1984.

(13) Section 63(1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under subsection (9) above as if--

(a) for subsection (4) there were substituted--

" (4) An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining--

(b) whether he is subject to an exclusion order under that Act;

or if the officer has reasonable grounds for suspecting that person's involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that a non-intimate sample will tend to confirm or disprove his involvement " ; and

(b) in subsection (7), after the word "includes" there were inserted the words " where relevant " .

(14) In this section, "non-intimate sample" has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984. " .

(3) In Schedule 5, in paragraph 7 (provisions supplementary to powers to detain persons pending examination etc.), after sub-paragraph (6), there shall be inserted the following sub-paragraphs--

" (6A) 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 sub-paragraph (5) above as if--

(a) for subsection (2) there were substituted--

(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which paragraph 2 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or

(b) whether he is subject to an exclusion order under that Act; or

(b) in subsection (6), after the word "includes", there were inserted the words " where relevant " .

(6B) In this paragraph, "intimate sample" has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.

(6C) Section 63 (1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under sub-paragraph (5) above as if--

(a) for subsection (4) there were substituted--

" (4) An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining--

(b) whether he is subject to an exclusion order under that Act; or

(b) in subsection (7), after the word "includes", there were inserted the words " where relevant " .

(6D) In this paragraph, "non-intimate sample" has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984. " .

(4) In consequence of the foregoing amendments--

(a) in section 62 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples), at the end there shall be inserted the following subsection--

" (12) Nothing in this section, except as provided in section 15(11) and (12) of, and paragraph 7(6A) and (6B) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions. " ;

(b) in section 63 of the Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples), at the end there shall be inserted the following subsection--

" (10) Nothing in this section, except as provided in section 15(13) and (14) of, and paragraph 7(6C) and (6D) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions. " ; and

(c) in section 28(2) of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 (extent), in paragraph (b) (provisions extending only to England and Wales), after the words "section 15(10)" there shall be inserted the words "to (14)" and after the words "paragraph 7(6)" there shall be inserted the words " to (6D) " .

(5) For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), the amendments made by this paragraph shall be treated, as from the time when those amendments come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

Prevention of terrorism: consents for prosecutions etc.

63 (1) The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.

(2) In section 17(1)(b) (purposes of investigations), for the words "section 21(4) of that Act" there shall be substituted the words "section 28(3) of that Act".

(3) In section 19(1) (consents required for prosecutions), after paragraph (a), there shall be inserted the following paragraph--

" (aa) in England and Wales for an offence under section 13A, 16A or 16B except by or with the consent of the Director of Public Prosecutions; " .

(4) In section 28(2) (extent), in paragraph (a) (provisions not extending to Northern Ireland), for the words "and section 15(1)", there shall be substituted the words ", sections 13A and 15(1) and Part IVA".

(5) For the purposes of section 27 (temporary provisions), the amendments made by this paragraph shall be treated, as from the time when those amendments come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

Young offenders: powers to search and to test for drugs

64 In section 19(4) of the [1989 c. 45.] Prisons (Scotland) Act 1989 (remand centres and young offenders institutions), for the words "and 41" there shall be substituted the words "41, 41A and 41B".

Non-appearance of accused: plea of guilty

65 In section 20(1A) of the [1991 c. 53.] Criminal Justice Act 1991 (power of court to make financial circumstances order in absence of accused where guilty plea notified), for the words "section 12(2)" there shall be substituted the words "section 12(4)".

Young offenders: secure training order a custodial sentence

66 In section 31(1) of the [1991 c. 53.] Criminal Justice Act 1991 (which defines, amongst other expressions, "custodial sentence"), in paragraph (b) of that definition, after the words "1982 Act", there shall be inserted the words, "or a secure training order under section 1 of the Criminal Justice and Public Order Act 1994".

Bail: exclusion in homicide and rape cases

67 In section 40(3)(b) of the Criminal Justice Act 1991 (committal for sentence of offender convicted of offence during currency of original sentence), at the beginning, there shall be inserted the words "subject to section 25 of the Criminal Justice and Public Order Act 1994,".

Contracted out prisons: exclusion of search powers

68 In section 87(3) of the [1952 c. 52.] Criminal Justice Act 1991 (provisions of Prison Act 1952 not applying to contracted out prisons), after the word "officers)" there shall be inserted the words "and section 8A (powers of search by authorised employees)".

Testing prisoners for drugs: director's function

69 In section 87(4) of the Criminal Justice Act 1991 (certain functions as governor to be functions of director of contracted out prisons), after "13(1)" insert "16A".

The Parole Board

70 For Schedule 5 to the Criminal Justice Act 1991 (supplementary provisions about the Parole Board) there shall be substituted the following Schedule--

" SCHEDULE 5 The Parole Board: Supplementary Provisions

Status and capacity

1 (1) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board's property shall not be regarded as property of, or held on behalf of, the Crown.

(2) It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of its functions under Part II of this Act.

Membership

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

(2) The Board shall include among its members--

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

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

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

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

(3) A member of the Board--

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

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

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

Payments to members

3 (1) The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.

(2) The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine.

(3) If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.

(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Proceedings

4 (1) Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine.

(2) The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board's functions by a committee or by one or more of the members or employees of the Board.

(3) The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

Staff

5 (1) The Board may appoint such number of employees as it may determine.

(2) The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board.

(3) Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury.

(4) The Employers' Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board.

6 (1) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted-- " Parole Board. " .

(2) The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

Financial provisions

7 (1) The Secretary of State shall pay to the Board--

(a) any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and

(b) with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.

(2) Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

Authentication of Board's seal

8 The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.

Presumption of authenticity of documents issued by Board

9 Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

10 (1) It shall be the duty of the Board--

(a) to keep proper accounts and proper records in relation to the accounts;

(b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

(c) to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.

(2) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.

(3) In this paragraph, "financial year" means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.

Reports

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

Bail: exclusion in homicide and rape cases

71 In Schedule 6 to the [1991 c. 53.] Criminal Justice Act 1991 (procedure on notice of transfer in certain cases involving children), in paragraph 2(1), after the word "1976" where it occurs first there shall be inserted the words ", section 25 of the Criminal Justice and Public Order Act 1994".

Probation officers for offenders subject to secure training orders

72 In section 4 of the [1993 c. 47.] Probation Service Act 1993 (functions of probation committee)--

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

" (dd) to make arrangements for the selection, from the probation officers appointed for or assigned to a petty sessions area within their probation area, of an officer to supervise any person subject to supervision by a probation officer under a secure training order (within the meaning of section 1 of the Criminal Justice and Public Order Act 1994) naming as that petty sessions area the petty sessions area within which the person to be supervised resides for the time being; " ; and

(b) in subsection (4), for the words "paragraph (c) or (d)" there shall be substituted the words " paragraph (c), (d) or (dd) " .

Secure training orders: cost of supervision by probation officer

73 In section 17 of the [1993 c. 47.] Probation Service Act 1993 (probation committee expenditure)--

(a) in subsection (1), for the words "and (5)" there shall be substituted the words "(5) and (5A)"; and

(b) after subsection (5) there shall be inserted the following subsection--

" (5A) Nothing in sections 18 or 19 requires there to be paid out of the metropolitan police fund or defrayed by a local authority any expenses of a probation committee which are defrayed by the Secretary of State under section 3(6) of the Criminal Justice and Public Order Act 1994. " .

Section 168(3).

SCHEDULE 11 Repeals

Chapter	Short title	Extent of repeal
1848 c. 42.	Indictable Offences Act 1848.	Sections 12, 14 and 15.
1898 c. 36.	Criminal Evidence Act 1898.	In section 1, proviso (b).
1923 c. 9 (N.I.).	Criminal Evidence Act (Northern Ireland) 1923.	In section 1, proviso (b).
1925 c. 86.	Criminal Justice Act 1925.	Section 13(3).
		Section 49(2).
1952 c. 52.	Prison Act 1952.	In section 43(1)(a), the words "trial or".
		In section 43(1), the word "and" at the end of paragraph (b).
		In section 43(2)(b) and (c), the words "trial or".
1956 c. 69.	Sexual Offences Act 1956.	In section 2(1), the word "unlawful".
		Section 2(2).
		In section 3(1), the word "unlawful".
		Section 3(2).
		Section 4(2).
		Section 22(2).
		Section 23(2).
1963 c. 37.	Children and Young Persons Act 1963.	In section 57(2), the words "Section 49 of the principal Act and" and "an appeal by case stated or".
1965 c. 45.	Backing of Warrants (Republic of Ireland) Act 1965.	In section 2(2)(a), the words from ", or an offence under an enactment" to "control".
1965 c. 69.	Criminal Procedure (Attendance of Witnesses) Act 1965.	Section 1.
1967 c. 60.	Sexual Offences Act 1967.	In section 1(1), the words "but subject to the provisions of the next following section".
		Section 1(5).
		Section 2.
		Section 3.
1967 c. 77.	Police (Scotland) Act 1967.	Section 18.
1967 c. 80.	Criminal Justice Act 1967.	Section 7.
		In section 36(1), the definition of "committal proceedings".
		In section 67(5), the word "and" at the end of paragraph (a).
1968 c. 19.	Criminal Appeal Act 1968.	In Schedule 2, paragraph 1, the words from "section 13(3)" to "but".
1968 c. 52.	Caravan Sites Act 1968.	Sections 6 to 12.
		In section 16, the definition of "gipsies".
1969 c. 54.	Children and Young Persons Act 1969.	Section 10(1) and (2).
		In section 57(4), the words "49 and the said sections".
1969 c. 63.	Police Act 1969.	Sections 1, 3, 6 and 7.
1970 c. 9 (N.I.).	Police Act (Northern Ireland) 1970.	Sections 19 and 20.
1972 c. 71.	Criminal Justice Act 1972.	In section 46(1), the following words--
		"Section 102 of the Magistrates' Courts Act 1980 and";
		"which respectively allow";
		"committal proceedings and in other";
		"and section 106 of the said Act of 1980";

1977 c. 45.	Criminal Law Act 1977.	Section 6(3).
		Section 38.
1978 c. 30.	Interpretation Act 1978.	In Schedule 1, paragraph (a) of the definition of "Committed for trial".
1978 c. 37.	Protection of Children Act 1978.	In section 1(1)(a), the words following "child".
		In section 4(2), the words from "within" to "warrant".
1980 c. 43.	Magistrates' Courts Act 1980.	In section 22(1), the words "subject to subsection (7) below".
		In section 24(1)(a) the words "he has attained the age of 14 and".
		In section 38(2)(b), the words from "committed" to "21 years old".
		In section 97(1), the words from "at an inquiry" to "be) or".
		Section 102.
		Section 103.
		Section 105.
		Section 106.
		Section 145(1)(e).
		In section 150(1), the definition of "committal proceedings".
		In Schedule 5, paragraph 2.
1980 c. 62.	Criminal Justice (Scotland) Act 1980.	In section 80, subsection (5); in subsection (7), paragraph (d) and the word "; or" immediately preceding that paragraph; and subsection (8).
1981 c. 47.	Criminal Attempts Act 1981.	In section 2(2)(g), the words "or committed for trial".
1982 c. 48.	Criminal Justice Act 1982.	In section 1(2), the words "trial or".
		Section 12(6), (7) and, in subsection (11), paragraph (b) and the word "and".
		Section 67(5).
		In Schedule 14, paragraph 8.
S.I. 1982/1536 (N.I. 19).	Homosexual Offences (Northern Ireland) Order 1982.	In Article 3, in paragraph (1), the words "and Article 5 (merchant seamen)" and paragraph (4).
		Article 5.
1984 c. 39.	Video Recordings Act 1984.	In section 1, in subsection (2)(a), the word "or" and in subsection (3), the word "or" where it occurs first.
		In section 17(1), the words from "within" to "warrant".
1984 c. 60.	Police and Criminal Evidence Act 1984.	Section 37(1)(b), together with the word "or" preceding it.
		Section 47(5).
		In section 62(10), the words following "proper".
		In section 118(1), the definition of "intimate search".
1985 c. 23.	Prosecution of Offences Act 1985.	In Schedule 1, paragraph 1.
1986 c. 64.	Public Order Act 1986.	Section 39.
		In section 42(2), "39".
1987 c. 38.	Criminal Justice Act 1987.	In Schedule 2, paragraphs 10 and 11.
1988 c. 33.	Criminal Justice Act 1988.	In section 25(1)(a)(ii), the word "or".
		Section 32A(10).
		In section 34(2), the words from "in relation to" to the end.
		Section 126.
		In section 160, in subsection (1), the words from "(meaning" to "16)" and subsection (5).
1988 c. 34.	In Schedule 7, paragraph 5(3)(c).
1991 c. 53.	Criminal Justice Act 1991.	In section 3(2), the words from the beginning to "indictment,".
		In section 3(4), the words from "which is" to "applies".
		Section 50(4).
		Section 52(2).
		Section 57(4)(b), together with the word "and" preceding it.
		Section 64.
S.I. 1992/1829.	Parole Board (Transfer of Functions) Order 1992.	In Article 3, the words from "and 39" to "licence)" and the words "and (4)".
1993 c. 24.	Video Recordings Act 1993.	Section 3.
1993 c. 36.	Criminal Justice Act 1993.	Section 67(2).

Note: The repeals that are to come into force on the passing of this Act are the following, namely, the repeals in the Sexual Offences Act 1967, the Caravan Sites Act 1968, the Sexual Offences (Amendment) Act 1976, the Public Order Act 1986, the Criminal Justice (Scotland) Act 1980 and the Homosexual Offences (Northern Ireland) Order 1982.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

-- Back --

Stat