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

(The document as of February, 2008)

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(2) In subsection (2)(b), for the words "12 months" there shall be substituted the words "24 months".

(3) In subsection (4), for the words "12 months" there shall be substituted the words "24 months".

(4) In subsection (5), for the words "12 months" in both places where they occur there shall be substituted the words "24 months".

18 Accommodation of young offenders sentenced to custody for life

(1) In section 1C of the Criminal Justice Act 1982 (young offenders sentenced to detention in a young offender institution to be detained in such an institution unless the Secretary of State otherwise directs)--

(a) in subsection (1), after the words "young offender institution" there shall be inserted the words "or to custody for life" and for the words "such an institution" there shall be substituted the words "a young offender institution"; and

(b) in subsection (2), after the words "in a young offender institution" there shall be inserted the words "or to custody for life".

(2) Subsections (6) and (7) of section 12 of the Criminal Justice Act 1982 (which provide for the detention of young offenders sentenced to custody for life in a prison unless the Secretary of State otherwise directs) are hereby repealed.

(3) In section 43(1) of the [1952 c. 52.] Prison Act 1952 (which relates to the institutions for the detention of young offenders which may be provided by the Secretary of State), in paragraph (aa), at the end, there shall be inserted the words "or to custody for life".

Secure accommodation for certain young persons

19 Extension of kinds of secure accommodation

(1) Section 23 of the [1969 c. 54.] Children and Young Persons Act 1969 (remands and committals to local authority accommodation) shall be amended by the insertion, in subsection (12), in the definition of "secure accommodation", after the words "community home", of the words ", a voluntary home or a registered children's home", and, at the end of that subsection, of the words "but, for the purposes of the definition of "secure accommodation", "local authority accommodation" includes any accommodation falling within section 61(2) of the [1991 c. 53.] Criminal Justice Act 1991.".

(2) In the [1989 c. 41.] Children Act 1989, Schedules 5 and 6 (which provide for the regulation of voluntary homes and registered childrens' homes respectively) shall be amended as follows, that is to say--

(a) in Schedule 5, in paragraph 7(2) (regulations as to conduct of voluntary homes)--

(i) head (f) (power to prohibit provision of secure accommodation) shall be omitted; and

(ii) after that head, there shall be inserted the following--

" (ff) require the approval of the Secretary of State for the provision and use of accommodation for the purpose of restricting the liberty of children in such homes and impose other requirements (in addition to those imposed by section 25) as to the placing of a child in accommodation provided for that purpose, including a requirement to obtain the permission of any local authority who are looking after the child; " ; and

(b) in Schedule 6, in paragraph 10(2) (regulations as to conduct, etc. of registered childrens' homes)--

(i) head (j) (power to prohibit use of accommodation as secure accommodation) shall be omitted; and

(ii) after that head, there shall be inserted the following--

" (jj) require the approval of the Secretary of State for the provision and use of accommodation for the purpose of restricting the liberty of children in such homes and impose other requirements (in addition to those imposed by section 25) as to the placing of a child in accommodation provided for that purpose, including a requirement to obtain the permission of any local authority who are looking after the child. " .

(3) In section 61 of the Criminal Justice Act 1991 (provision by local authorities of secure accommodation)--

(a) in subsection (2), at the end, there shall be inserted the words "or by making arrangements with voluntary organisations or persons carrying on a registered childrens' home for the provision or use by them of such accommodation or by making arrangements with the Secretary of State for the use by them of a home provided by him under section 82(5) of the Children Act 1989"; and

(b) in subsection (5), at the end, there shall be inserted the words "and expressions, other than "local authority", used in the [1989 c. 41.] Children Act 1989 have the same meanings as in that Act.".

20 Secure remands for young offenders

In section 23(5) of the [1969 c. 54.] Children and Young Persons Act 1969 (as substituted by section 60 of the [1991 c. 53.] Criminal Justice Act 1991) (conditions for imposing a security requirement in case of young persons remanded to local authority accommodation), for the words "young person who has attained the age of fifteen" there shall be substituted the words--

(a) "person who has attained the age of fourteen";

(b) "person who has attained the age of thirteen"; or

but no substitution may be brought into force on more than one occasion.

21 Cost of secure accommodation

After section 61 of the Criminal Justice Act 1991 there shall be inserted the following section--

" 61A Cost of secure accommoda- tion

(1) The Secretary of State may, in relation to any costs incurred by a local authority in discharging their duty under section 61(1) above--

(a) defray such costs to such extent as he considers appropriate in any particular case;

(b) defray a proportion to be determined by him from time to time of such costs; and

(2) The Secretary of State may require any person providing secure accommodation to transmit to him, at such times and in such form as he may direct, such particulars as he may require with respect to any costs to which this section applies.

(3) Payments under this section shall be made out of money provided by Parliament. " .

22 Management of secure accommodation

(1) The Children Act 1989 shall be amended as follows.

(2) In section 53 (provision and management of community homes)--

(a) in subsection (3) (homes which may be community homes)--

(i) in paragraph (a), for the words "managed, equipped and maintained" there shall be substituted the words "equipped, maintained and (subject to subsection (3A)) managed"; and

(ii) in paragraph (b)(i), for the words "management, equipment and maintenance" there shall be substituted the words "equipment, maintenance and (subject to subsection (3B)) management"; and

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

" (3A) A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children.

(3B) Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children. " .

(3) In Part II of Schedule 4 (management of controlled and assisted community homes)--

(a) in paragraph 3(4), after the word "managers" there shall be inserted the words ", except in so far as, under section 53(3B), any of the accommodation is to be managed by another person."; and

(b) in paragraph 3(5), after the word "body" there shall be inserted the words "; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed".

Arrest of young persons in breach of conditions of remand

23 Liability of young persons to arrest for breaking conditions of remand

After section 23 of the [1969 c. 54.] Children and Young Persons Act 1969 there shall be inserted the following section--

" 23A Liability to arrest for breaking conditions of remand

(1) A person who has been remanded or committed to local authority accommodation and in respect of whom conditions under subsection (7) or (10) of section 23 of this Act have been imposed may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that that person has broken any of those conditions.

(2) A person arrested under subsection (1) above--

(a) shall, except where he was arrested within 24 hours of the time appointed for him to appear before the court in pursuance of the remand or committal, be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested; and

(b) in the said excepted case shall be brought before the court before which he was to have appeared.

In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

(3) A justice of the peace before whom a person is brought under subsection (2) above--

(a) if of the opinion that that person has broken any condition imposed on him under subsection (7) or (10) of section 23 of this Act shall remand him; and that section shall apply as if he was then charged with or convicted of the offence for which he had been remanded or committed;

(b) if not of that opinion shall remand him to the place to which he had been remanded or committed at the time of his arrest subject to the same conditions as those which had been imposed on him at that time. " .

Police detention of young persons

24 Detention of arrested juveniles after charge

In section 38(6) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (detention of arrested juveniles after charge), in paragraph (b), for the words "age of 15 years" there shall be substituted the words "age of 12 years".

Part II Bail

25 No bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences

(1) A person who in any proceedings has been charged with or convicted of an offence to which this section applies in circumstances to which it applies shall not be granted bail in those proceedings.

(2) This section applies, subject to subsection (3) below, to the following offences, that is to say--

(a) murder;

(b) attempted murder;

(d) rape; or

(e) attempted rape.

(3) This section applies to a person charged with or convicted of any such offence only if he has been previously convicted by or before a court in any part of the United Kingdom of any such offence or of culpable homicide and, in the case of a previous conviction of manslaughter or of culpable homicide, if he was then sentenced to imprisonment or, if he was then a child or young person, to long-term detention under any of the relevant enactments.

(4) This section applies whether or not an appeal is pending against conviction or sentence.

(5) In this section--

"conviction" includes--

(a) a finding that a person is not guilty by reason of insanity;

(b) a finding under section 4A(3) of the [1964 c. 84.] Criminal Procedure (Insanity) Act 1964 (cases of unfitness to plead) that a person did the act or made the omission charged against him; and

(c) a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally;

and "convicted" shall be construed accordingly; and

"the relevant enactments" means--

(a) as respects England and Wales, section 53(2) of the [1933 c. 12.] Children and Young Persons Act 1933;

(b) as respects Scotland, sections 205 and 206 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;

(c) as respects Northern Ireland, section 73(2) of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968.

(6) This section does not apply in relation to proceedings instituted before its commencement.

26 No right to bail for persons accused or convicted of committing offence while on bail

In Part I of Schedule 1 to the [1976 c. 63.] Bail Act 1976 (exceptions to right to bail for imprisonable offences)--

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

" 2A he defendant need not be granted bail if--

(a) the offence is an indictable offence or an offence triable either way; and

(b) it appears to the court that he was on bail in criminal proceedings on the date of the offence. " ; and

(b) in paragraph 9, after the words "paragraph 2" there shall be inserted the words " or 2A " .

27 Power for police to grant conditional bail to persons charged

(1) Part IV of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (detention of persons, including powers of police to grant bail) shall have effect with the following amendments, that is to say, in section 47 (bail after arrest)--

(a) in subsection (1), for the words after "in accordance with" there shall be substituted the words "sections 3, 3A, 5 and 5A of the Bail Act 1976 as they apply to bail granted by a constable"; and

(b) after subsection (1) there shall be inserted the following subsection--

" (1A) The normal powers to impose conditions of bail shall be available to him where a custody officer releases a person on bail under section 38(1) above (including that subsection as applied by section 40(10) above) but not in any other cases.

In this subsection, "the normal powers to impose conditions of bail" has the meaning given in section 3(6) of the Bail Act 1976. " .

(2) Section 3 of the Bail Act 1976 (incidents including conditions of bail in criminal proceedings) shall be amended as follows--

(a) in subsection (6), the words "(but only by a court)" shall be omitted;

(b) at the end of subsection (6) there shall be inserted-- " and, in any Act, "the normal powers to impose conditions of bail" means the powers to impose conditions under paragraph (a), (b) or (c) above " ;

" (10) This section is subject, in its application to bail granted by a constable, to section 3A of this Act. " .

(3) After section 3 of the [1976 c. 63.] Bail Act 1976 there shall be inserted the following section--

" 3A Conditions of bail in case of police bail

(1) Section 3 of this Act applies, in relation to bail granted by a custody officer under Part IV of the [1984 c. 60.] Police and Criminal Evidence Act 1984 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.

(2) Subsection (6) does not authorise the imposition of a requirement to reside in a bail hostel or any requirement under paragraph (d).

(3) Subsections (6ZA), (6A) and (6B) shall be omitted.

(4) For subsection (8), substitute the following--

" (8) Where a custody officer has granted bail in criminal proceedings he or another custody officer serving at the same police station may, at the request of the person to whom it was granted, vary the conditions of bail; and in doing so he may impose conditions or more onerous conditions. " .

(5) Where a constable grants bail to a person no conditions shall be imposed under subsections (4), (5), (6) or (7) of section 3 of this Act unless it appears to the constable that it is necessary to do so for the purpose of preventing that person from--

(a) failing to surrender to custody, or

(b) committing an offence while on bail, or

(c) interfering with witnesses or otherwise obstructing the course of justice, whether in relation to himself or any other person.

(6) Subsection (5) above also applies on any request to a custody officer under subsection (8) of section 3 of this Act to vary the conditions of bail. " .

(4) The further amendments contained in Schedule 3 to this Act shall have effect.

28 Police detention after charge

(1) Section 38 of the Police and Criminal Evidence Act 1984 (which requires an arrested person charged with an offence to be released except in specified circumstances) shall be amended as follows.

(2) In subsection (1)(a), for sub-paragraphs (ii) and (iii) there shall be substituted the following sub-paragraphs--

" (ii) the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;

(iii) in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;

(iv) in the case of a person arrested for an offence which is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;

(v) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence; or

(vi) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection; " .

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

" (2A) The custody officer, in taking the decisions required by subsection (1)(a) and (b) above (except (a)(i) and (vi) and (b)(ii)), shall have regard to the same considerations as those which a court is required to have regard to in taking the corresponding decisions under paragraph 2 of Part I of Schedule 1 to the [1976 c. 63.] Bail Act 1976. " .

(4) After subsection (7), there shall be inserted the following subsection--

" (7A) In this section "imprisonable offence" has the same meaning as in Schedule 1 to the Bail Act 1976. " .

29 Power for police to arrest for failure to answer to police bail

(1) Part IV of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (detention of persons, including powers of police to grant bail) shall be amended as follows.

(2) After section 46 there shall be inserted the following section--

" 46A Power of arrest for failure to answer to police bail

(1) A constable may arrest without a warrant any person who, having been released on bail under this Part of this Act subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for him to do so.

(2) A person who is arrested under this section shall be taken to the police station appointed as the place at which he is to surrender to custody as soon as practicable after the arrest.

(3) For the purposes of--

(a) section 30 above (subject to the obligation in subsection (2) above), and

(b) section 31 above,

an arrest under this section shall be treated as an arrest for an offence. " .

(3) In section 34 after subsection (6), there shall be inserted the following subsection--

" (7) For the purposes of this Part of this Act a person who returns to a police station to answer to bail or is arrested under section 46A below shall be treated as arrested for an offence and the offence in connection with which he was granted bail shall be deemed to be that offence. " .

(4) In consequence of the foregoing amendments--

(a) in section 37(1), paragraph (b) shall be omitted;

(b) in sections 41(9), 42(11) and 43(19), at the end, there shall be inserted the words "; but this subsection does not prevent an arrest under section 46A below.";

(d) in section 47(6), for the words "is detained under subsection (5) above" there shall be substituted the words "who has been granted bail and either has attended at the police station in accordance with the grant of bail or has been arrested under section 46A above is detained at a police station"; and

(e) in section 47(7), at the end, there shall be inserted the words "; but this subsection does not apply to a person who is arrested under section 46A above or has attended a police station in accordance with the grant of bail (and who accordingly is deemed by section 34(7) above to have been arrested for an offence).".

(5) This section applies whether the person released on bail was granted bail before or after the commencement of this section.

30 Reconsideration of decisions granting bail

After the section 5A of the [1976 c. 63.] Bail Act 1976 inserted by Schedule 3 to this Act there shall be inserted the following section--

" 5B Recon- sideration of decisions granting bail

(1) Where a magistrates' court has granted bail in criminal proceedings in connection with an offence, or proceedings for an offence, to which this section applies or a constable has granted bail in criminal proceedings in connection with proceedings for such an offence, that court or the appropriate court in relation to the constable may, on application by the prosecutor for the decision to be reconsidered,--

(a) vary the conditions of bail,

(b) impose conditions in respect of bail which has been granted unconditionally, or

(2) The offences to which this section applies are offences triable on indictment and offences triable either way.

(3) No application for the reconsideration of a decision under this section shall be made unless it is based on information which was not available to the court or constable when the decision was taken.

(4) Whether or not the person to whom the application relates appears before it, the magistrates' court shall take the decision in accordance with section 4(1) (and Schedule 1) of this Act.

(5) Where the decision of the court on a reconsideration under this section is to withhold bail from the person to whom it was originally granted the court shall--

(a) if that person is before the court, remand him in custody, and

(b) if that person is not before the court, order him to surrender himself forthwith into the custody of the court.

(6) Where a person surrenders himself into the custody of the court in compliance with an order under subsection (5) above, the court shall remand him in custody.

(7) A person who has been ordered to surrender to custody under subsection (5) above may be arrested without warrant by a constable if he fails without reasonable cause to surrender to custody in accordance with the order.

(8) A person arrested in pursuance of subsection (7) above shall be brought as soon as practicable, and in any event within 24 hours after his arrest, before a justice of the peace for the petty sessions area in which he was arrested and the justice shall remand him in custody.

In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

(9) Magistrates' court rules shall include provision--

(a) requiring notice of an application under this section and of the grounds for it to be given to the person affected, including notice of the powers available to the court under it;

(b) for securing that any representations made by the person affected (whether in writing or orally) are considered by the court before making its decision; and

Part III Course of Justice: Evidence, Procedure, Etc.

Imputations on character

31 Imputations on character

In section 1 of the [1898 c. 36.] Criminal Evidence Act 1898 there shall be inserted at the end of sub-paragraph (ii) of paragraph (f) the words "the deceased victim of the alleged crime; or".

Corroboration

32 Abolition of corroboration rules

(1) Any requirement whereby at a trial on indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a person merely because that person is--

(a) an alleged accomplice of the accused, or

(b) where the offence charged is a sexual offence, the person in respect of whom it is alleged to have been committed,

is hereby abrogated.

(2) In section 34(2) of the [1988 c. 33.] Criminal Justice Act 1988 (abolition of requirement of corroboration warning in respect of evidence of a child) the words from "in relation to" to the end shall be omitted.

(3) Any requirement that--

(a) is applicable at the summary trial of a person for an offence, and

(b) corresponds to the requirement mentioned in subsection (1) above or that mentioned in section 34(2) of the Criminal Justice Act 1988,

is hereby abrogated.

(4) Nothing in this section applies in relation to--

(a) any trial, or

(b) any proceedings before a magistrates' court as examining justices,

which began before the commencement of this section.

33 Abolition of corroboration requirements under Sexual Offences Act 1956

(1) The following provisions of the [1956 c. 69.] Sexual Offences Act 1956 (which provide that a person shall not be convicted of the offence concerned on the evidence of one witness only unless the witness is corroborated) are hereby repealed--

(a) section 2(2) (procurement of woman by threats),

(b) section 3(2) (procurement of woman by false pretences),

(d) section 22(2) (causing prostitution of women), and

(e) section 23(2) (procuration of girl under twenty-one).

(2) Nothing in this section applies in relation to--

(a) any trial, or

(b) any proceedings before a magistrates' court as examining justices,

which began before the commencement of this section.

Inferences from accused's silence

34 Effect of accused's failure to mention facts when questioned or charged

(1) Where, in any proceedings against a person for an offence, evidence is given that the accused--

(a) at any time before he was charged with the offence, on being questioned under caution by a constable trying to discover whether or by whom the offence had been committed, failed to mention any fact relied on in his defence in those proceedings; or

(b) on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact,

being a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, subsection (2) below applies.

(2) Where this subsection applies--

(a) a magistrates' court, in deciding whether to grant an application for dismissal made by the accused under section 6 of the [1980 c. 43.] Magistrates' Courts Act 1980 (application for dismissal of charge in course of proceedings with a view to transfer for trial);

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

(i) section 6 of the [1987 c. 38.] 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 [1991 c. 53.] 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

(d) the court or jury, in determining whether the accused is guilty of the offence charged,

may draw such inferences from the failure as appear proper.

(3) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.

(4) This section applies in relation to questioning by persons (other than constables) charged with the duty of investigating offences or charging offenders as it applies in relation to questioning by constables; and in subsection (1) above "officially informed" means informed by a constable or any such person.

(5) This section does not--

(a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from this section; or

(b) preclude the drawing of any inference from any such silence or other reaction of the accused which could properly be drawn apart from this section.

(6) This section does not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.

(7) In relation to any time before the commencement of section 44 of this Act, this section shall have effect as if the reference in subsection (2)(a) to the grant of an application for dismissal was a reference to the committal of the accused for trial.

35 Effect of accused's silence at trial

(1) At the trial of any person who has attained the age of fourteen years for an offence, subsections (2) and (3) below apply unless--

(a) the accused's guilt is not in issue; or

(b) it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence;

but subsection (2) below does not apply if, 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.

(2) Where this subsection applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment, 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.

(3) Where this subsection applies, the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question.

(4) This section does not render the accused compellable to give evidence on his own behalf, and he shall accordingly not be guilty of contempt of court by reason of a failure to do so.

(5) For the purposes of this section a person who, having been sworn, refuses to answer any question shall be taken to do so without good cause unless--

(a) he is entitled to refuse to answer the question by virtue of any enactment, whenever passed or made, or on the ground of privilege; or

(b) the court in the exercise of its general discretion excuses him from answering it.

(6) Where the age of any person is material for the purposes of subsection (1) above, his age shall for those purposes be taken to be that which appears to the court to be his age.

(7) This section applies--

(a) in relation to proceedings on indictment for an offence, only if the person charged with the offence is arraigned on or after the commencement of this section;

(b) in relation to proceedings in a magistrates' court, only if the time when the court begins to receive evidence in the proceedings falls after the commencement of this section.

36 Effect of accused's failure or refusal to account for objects, substances or marks

(1) Where--

(a) a person is arrested by a constable, and there is--

(i) on his person; or

(ii) in or on his clothing or footwear; or

(iii) otherwise in his possession; or

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