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

(The document as of February, 2008)

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(ii) in the definition of "new provisions", after the word "amended" there shall be added "by this Act"; and

(b) in paragraph 2(1), for the words from "and to" to "Schedule" there shall be substituted-- " , to the following provisions of this Schedule and to the exception in the definition of "existing provisions" in paragraph 1 above, " .

(2) Sections 18 (constitution and functions of Parole Board etc.), 22 (release on licence of persons serving determinate sentences), 28 (revocation of licences and conviction of prisoners on licence) and 42(3) (exercise of power to make rules etc.) of the [1989 c. 45.] Prisons (Scotland) Act 1989, being provisions which, notwithstanding their repeal by the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993, are "existing provisions" for the purposes of that Act of 1993, shall for those purposes be amended in accordance with the following subsections.

(3) In the said section 18, for subsections (3) and (4) there shall be substituted--

" (3A) The Secretary of State may by rules make provision with respect to the proceedings of the Board, including provision--

(a) authorising cases to be dealt with in whole or in part by a prescribed number of members of the Board in accordance with such procedure as may be prescribed;

(b) requiring cases to be dealt with at prescribed times; and

(3B) The Secretary of State may give the Board directions as to the matters to be taken into account by it in discharging its functions under this Part of this Act; and in giving any such directions the Secretary of State shall in particular have regard to--

(a) the need to protect the public from serious harm from offenders; and

(b) the desirability of preventing the commission by offenders of further offences and of securing their rehabilitation. " .

(4) In each of the said sections 22 and 28, after subsection (1) there shall be inserted--

" (1A) The Secretary of State may by order provide that, in relation to such class of case as may be specified in the order, subsection (1) above shall have effect subject to the modification that for the word "may" there shall be substituted the word "shall". " .

(5) In the said section 22, at the beginning of subsection (7) there shall be inserted the words "In a case where the Parole Board has recommended that a person be released on licence, and by virtue of subsection (1A) above such release is then mandatory, no licence conditions shall be included in the licence, or subsequently inserted, varied or cancelled in it, except in accordance with recommendations of the Board; and in any other case".

(6) In the said section 42--

(a) in each of subsections (1) and (4), for the words "22(2)" there shall be substituted "22(1A) or (2), 28(1A),"; and

(b) in subsection (3), for the word "(3)" there shall be substituted "(3A)".

135 Further amendment of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993: application of "new provisions"

In Schedule 6 to the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 (transitional provisions and savings), after paragraph 6 there shall be inserted the following paragraphs--

" 6A (1) This paragraph applies where a prisoner sentenced before the relevant date to a sentence of imprisonment for life for an offence the sentence for which is not fixed by law has been (whether before, on or after that date) released on licence under the 1989 Act.

(2) Without prejudice to section 22(6) of the 1989 Act, in a case to which this paragraph applies, the new provisions shall apply as if the prisoner were a discretionary life prisoner, within the meaning of section 2 of this Act, whose licence has been granted under subsection (4) of that section of this Act on his having served the relevant part of his sentence.

6B (1) This paragraph applies where--

(a) a prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date and that sentence was for a term of, or as the case may be those sentences fall to be treated as for a single term of, two or more years; and

(b) on or after that date he is, or has been, sentenced to a further term or terms of imprisonment, on conviction of an offence, to be served consecutively to, or concurrently with, the sentence or sentences mentioned in head (a) above.

(2) In a case to which this paragraph applies--

(a) the sentence or sentences mentioned in head (b) of sub-paragraph (1) above shall be treated as a single term with the sentences mentioned in head (a) of that sub-paragraph and that single term as imposed on or after the relevant date (so however that nothing in the foregoing provisions of this head shall affect the application of sections 39(7) (which makes provision as respects the award of additional days for breaches of discipline) and 24 (which makes provision as respects remission for good conduct) of the 1989 Act); and

(b) the new provisions shall apply accordingly, except that--

(i) where the prisoner is a long-term prisoner by virtue only of the aggregation provided for in head (a) of this sub-paragraph, he shall be released unconditionally on the same day as he would have been but for that aggregation;

(ii) where, notwithstanding the aggregation so provided for, the prisoner remains a short-term prisoner, subsection (1) of section 1 of this Act shall in its application be construed as subject to the qualification that the prisoner shall be released no earlier than he would have been but for that aggregation;

(iii) that section shall in its application be construed as if for subsection (3) there were substituted--

" (3) Without prejudice to subsection (1) above and to sub-paragraph (2)(b)(i) of paragraph 6B of Schedule 6 to this Act, after a prisoner to whom that paragraph applies has either served one-third of the sentence, or as the case may be sentences, mentioned in sub-paragraph (1)(a) of that paragraph, or (if it results in a later date of release) has served twelve months of that sentence or those sentences, the Secretary of State may, if recommended to do so by the Parole Board under this section, release him on licence; and where such a prisoner has been released on licence under section 22 of the 1989 Act, that licence shall be deemed to have been granted by virtue of this subsection. " ;

(iv) section 11(1) shall in its application be construed as if the sentence referred to were the further term or terms mentioned in head (b) of sub-paragraph (1) above; and

(v) section 16 shall in its application be construed as if the original sentence (within the meaning of that section) were the further term or terms so mentioned. " .

Part X Cross-Border Enforcement

136 Execution of warrants

(1) A warrant issued in England, Wales or Northern Ireland for the arrest of a person charged with an offence may (without any endorsement) be executed in Scotland by any constable of any police force of the country of issue or of the country of execution as well as by any other persons within the directions in the warrant.

(2) A warrant issued in--

(a) Scotland; or

(b) Northern Ireland,

for the arrest of a person charged with an offence may (without any endorsement) be executed in England or Wales by any constable of any police force of the country of issue or of the country of execution as well as by any other persons within the directions in the warrant.

(3) A warrant issued in--

(a) England or Wales; or

(b) Scotland,

for the arrest of a person charged with an offence may (without any endorsement) be executed in Northern Ireland by any constable of any police force of the country of issue or of the country of execution as well as by any other persons within the directions in the warrant.

(4) A person arrested in pursuance of a warrant shall be taken, as soon as reasonably practicable, to any place to which he is committed by, or may be conveyed under, the warrant.

(5) A constable executing a warrant--

(a) under subsection (1), (2)(b) or (3)(a) of this section may use reasonable force and shall have the powers of search conferred by section 139;

(b) under subsection (2)(a) or (3)(b) of this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in Scotland by a constable of a police force in Scotland.

(6) Any other person within the directions in a warrant executing that warrant under this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in the country of issue by the person within those directions.

(7) This section applies as respects--

(a) a warrant of commitment and a warrant to arrest a witness issued by a judicial authority in England, Wales or Northern Ireland as it applies to a warrant for arrest; and

(b) a warrant for committal, a warrant to imprison (or to apprehend and imprison) and a warrant to arrest a witness issued by a judicial authority in Scotland as it applies to a warrant for arrest.

(8) In this section "judicial authority" means any justice of the peace or the judge of any court exercising jurisdiction in criminal proceedings; and any reference to a part of the United Kingdom in which a warrant may be executed includes a reference to the adjacent sea and other waters within the seaward limits of the territorial sea.

137 Cross-border powers of arrest etc

(1) If the conditions applicable to this subsection are satisfied, any constable of a police force in England and Wales who has reasonable grounds for suspecting that an offence has been committed or attempted in England or Wales and that the suspected person is in Scotland or in Northern Ireland may arrest without a warrant the suspected person wherever he is in Scotland or in Northern Ireland.

(2) If the condition applicable to this subsection is satisfied, any constable of a police force in Scotland who has reasonable grounds for suspecting that an offence has been committed or attempted in Scotland and that the suspected person is in England or Wales or in Northern Ireland may, as respects the suspected person, wherever he is in England or Wales or in Northern Ireland, exercise the same powers of arrest or detention as it would be competent for him to exercise were the person in Scotland.

(3) If the conditions applicable to this subsection are satisfied, any constable of a police force in Northern Ireland who has reasonable grounds for suspecting that an offence has been committed or attempted in Northern Ireland and that the suspected person is in England or Wales or in Scotland may arrest without a warrant the suspected person wherever he is in England or Wales or in Scotland.

(4) The conditions applicable to subsection (1) above are--

(a) that the suspected offence is an arrestable offence; or

(b) that, in the case of any other offence, it appears to the constable that service of a summons is impracticable or inappropriate for any of the reasons specified in subsection (3) of section 138.

(5) The condition applicable to subsection (2) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Scotland.

(6) The conditions applicable to subsection (3) above are--

(a) that the suspected offence is an arrestable offence; or

(b) that, in the case of any other offence, it appears to the constable that service of a summons is impracticable or inappropriate for any of the reasons specified in subsection (3) of section 138.

(7) It shall be the duty of a constable who has arrested or, as the case may be detained, a person under this section--

(a) if he arrested him in Scotland, to take the person arrested either to the nearest convenient designated police station in England or in Northern Ireland or to a designated police station in a police area in England and Wales or in Northern Ireland in which the offence is being investigated;

(b) if he arrested him in England or Wales, to take the person arrested to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated or to the nearest convenient designated police station in Northern Ireland or to a designated police station in Northern Ireland in which the offence is being investigated;

(c) if he detained him in England or Wales, to take the person detained to either such police station in Scotland as is mentioned in paragraph (b) above, or to the nearest convenient designated police station in England or Wales;

(d) if he arrested him in Northern Ireland, to take the person arrested either to the nearest convenient designated police station in England or Wales or to a designated police station in a police area in England and Wales in which the offence is being investigated or to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated;

(e) if he detained him in Northern Ireland, to take the person detained to either such police station in Scotland as is mentioned in paragraph (b) above, or to the nearest convenient designated police station in Northern Ireland;

and to do so as soon as reasonably practicable.

(8) A constable--

(a) arresting a person under subsection (1) or (3) above, may use reasonable force and shall have the powers of search conferred by section 139;

(b) arresting a person under subsection (2) above shall have the same powers and duties, and the person arrested the same rights, as they would have had if the arrest had been in Scotland; and

(c) detaining a person under subsection (2) above shall act in accordance with the provisions applied by subsection (2) (as modified by subsection (6)) of section 138.

(9) In this section--

"arrestable offence" and "designated police station" have the same meaning as in the [1984 c. 60.] Police and Criminal Evidence Act 1984 and, in relation to Northern Ireland, have the same meaning as in the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989; and
"constable of a police force", in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

(10) This section shall not prejudice any power of arrest conferred apart from this section.

138 Powers of arrest etc.: supplementary provisions

(1) The following provisions have effect to supplement section 137 ("the principal section").

(2) Where a person is detained under subsection (2) of the principal section, subsections (2) to (7) of section 2 (detention and questioning at police station) and subsections (1) and (3) to (5) of section 3 (right to have someone informed when arrested or detained) of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 and section 28 (prints, samples etc. in criminal investigations) of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 shall apply to detention under that subsection of the principal section as they apply to detention under subsection (1) of the said section 2, but with the modifications mentioned in subsection (6) below.

(3) The reasons referred to in subsections (4)(b) and (6)(b) of the principal section are that--

(a) the name of the suspected person is unknown to, and cannot readily be ascertained by, the constable;

(b) the constable has reasonable grounds for doubting whether a name furnished by the suspected person as his name is his real name;

(i) the suspected person has failed to furnish a satisfactory address for service; or

(ii) the constable has reasonable grounds for doubting whether an address furnished by the suspected person is a satisfactory address for service;

(d) the constable has reasonable grounds for believing that arrest is necessary to prevent the suspected person--

(i) causing physical injury to himself or any other person;

(ii) suffering physical injury;

(iii) causing loss of or damage to property;

(iv) committing an offence against public decency; or

(v) causing an unlawful obstruction of a highway or road; or

(e) the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the suspected person.

(4) For the purposes of subsection (3) above an address is a satisfactory address for service if it appears to the constable--

(a) that the suspected person will be at it for a sufficiently long period for it to be possible to serve him with process; or

(b) that some other person specified by the suspected person will accept service of process for the suspected person at it.

(5) Nothing in subsection (3)(d) above authorises the arrest of a person under sub-paragraph (iv) of that paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested.

(6) The following are the modifications of sections 2 and 3 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 which are referred to in subsection (2) above--

(a) in section 2--

(i) in subsection (2), the reference to detention being terminated not more than six hours after it begins shall be construed as a reference to its being terminated not more than four hours after the person's arrival at the police station to which he is taken under subsection (7)(c) of the principal section; and

(ii) in subsections (4) and (7), references to "other premises" shall be disregarded; and

(b) in section 3(1), references to "other premises" shall be disregarded.

139 Search powers available on arrests under sections 136 and 137

(1) The following powers are available to a constable in relation to a person arrested under section 136(1), (2)(b) or (3)(a) or 137(1) or (3).

(2) A constable to whom this section applies may search the person if the constable has reasonable grounds for believing that the person may present a danger to himself or others.

(3) Subject to subsections (4) to (6) below, a constable to whom this section applies may--

(a) search the person for anything--

(i) which he might use to assist him to escape from lawful custody; or

(ii) which might be evidence relating to an offence; and

(b) enter and search any premises in which the person was when, or was immediately before, he was arrested for evidence relating to the offence for which he was arrested.

(4) The power to search conferred by subsection (3) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.

(5) The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear, gloves or footwear but they do authorise a search of a person's mouth.

(6) A constable may not search a person in the exercise of the power conferred by subsection (3)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.

(7) A constable may not search premises in the exercise of the power conferred by subsection (3)(b) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph.

(8) In so far as the power of search conferred by subsection (3)(b) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search--

(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and

(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(9) A constable searching a person in the exercise of the power conferred by subsection (2) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(10) A constable searching a person in the exercise of the power conferred by subsection (3)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing--

(a) that he might use it to assist him to escape from lawful custody; or

(b) that it is evidence of an offence, or has been obtained in consequence of the commission of an offence.

(11) Nothing in this section shall be taken to affect the power conferred by section 15(3), (4) and (5) of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989.

(12) In this section--

"item subject to legal privilege" has the meaning given to it--
(a)
as respects anything in the possession of a person searched in England and Wales, by section 10 of the [1984 c. 60.] Police and Criminal Evidence Act 1984;
(b)
as respects anything in the possession of a person searched in Scotland, by section 40 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987;
(c)
as respects anything in the possession of a person searched in Northern Ireland, by Article 12 of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989;
"premises" includes any place and, in particular, includes--

(a) any vehicle, vessel, aircraft or hovercraft;

(b) any offshore installation; and

"offshore installation" has the meaning given to it by section 1 of the [1971 c. 61.] Mineral Workings (Offshore Installations) Act 1971.

140 Reciprocal powers of arrest

(1) Where a constable of a police force in England and Wales would, in relation to an offence, have power to arrest a person in England or Wales under section 24(6) or (7) or 25 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences and non-arrestable offences in certain circumstances) a constable of a police force in Scotland or in Northern Ireland shall have the like power of arrest in England and Wales.

(2) Where a constable of a police force in Scotland or in Northern Ireland arrests a person in England or Wales by virtue of subsection (1) above--

(a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by section 28 of that Act;

(b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by section 30 of that Act and so also as respects the other related requirements of that section; and

(c) the constable shall have powers to search the arrested person corresponding to the powers conferred by section 32 of that Act.

(3) Where a constable of a police force in Scotland would, in relation to an offence, have power to arrest a person in Scotland, a constable of a police force in England and Wales or in Northern Ireland shall have the like power of arrest in Scotland.

(4) Where a constable of a police force in England or Wales or in Northern Ireland arrests a person in Scotland by virtue of subsection (3) above, the arrested person shall have the same rights and the constable the same powers and duties as they would have were the constable a constable of a police force in Scotland.

(5) Where a constable of a police force in Northern Ireland would, in relation to an offence, have power to arrest a person in Northern Ireland under Article 26(6) or (7) or 27 of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (arrestable offences and non-arrestable offences in certain circumstances) a constable of a police force in England and Wales or Scotland shall have the like power of arrest in Northern Ireland.

(6) Where a constable of a police force in England and Wales or in Scotland arrests a person in Northern Ireland by virtue of subsection (5) above--

(a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by Article 30 of that Order;

(b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by Article 32 of that Order and so as respects the other related requirements of that Article; and

(c) the constable shall have powers to search the arrested person corresponding to the powers conferred by Article 34 of that Order.

(7) In this section "constable of a police force", in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

141 Aid of one police force by another

(1) The chief officer of police of a police force in England and Wales may, on the application of the chief officer of a police force in Scotland or the chief constable of the Royal Ulster Constabulary in Northern Ireland, provide constables or other assistance for the purpose of enabling the Scottish force or the Royal Ulster Constabulary to meet any special demand on its resources.

(2) The chief officer of a police force in Scotland may, on the application of the chief officer of police of a police force in England and Wales or the chief constable of the Royal Ulster Constabulary in Northern Ireland, provide constables or other assistance for the purpose of enabling the English or Welsh force or the Royal Ulster Constabulary to meet any special demand on its resources.

(3) The chief constable of the Royal Ulster Constabulary in Northern Ireland may, on the application of the chief officer of police of a police force in England and Wales or the chief officer of a police force in Scotland, provide constables or other assistance for the purpose of enabling the English or Welsh force or the Scottish force to meet any special demand on its resources.

(4) If it appears to the Secretary of State to be expedient in the interests of public safety or order that any police force should be reinforced or should receive other assistance for the purpose of enabling it to meet any special demand on its resources, and that satisfactory arrangements under subsection (1), (2) or (3) above cannot be made, or cannot be made in time, he may direct the chief officer of police of any police force in England and Wales, the chief officer of any police force in Scotland or the chief constable of the Royal Ulster Constabulary, as the case may be, to provide such constables or other assistance for that purpose as may be specified in the direction.

(5) While a constable is provided under this section for the assistance of another police force he shall, notwithstanding any enactment,--

(a) be under the direction and control of the chief officer of police of that other force (or, where that other force is a police force in Scotland or the Royal Ulster Constabulary in Northern Ireland, of its chief officer or the chief constable of the Royal Ulster Constabulary respectively); and

(b) have in any place the like powers and privileges as a member of that other force therein as a constable.

(6) The police authority maintaining a police force for which assistance is provided under this section shall pay to the police authority maintaining the force from which that assistance is provided such contribution as may be agreed upon between those authorities or, in default of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in default of such general agreement, as may be determined by the Secretary of State.

(7) Any expression used in the [1964 c. 48.] Police Act 1964, the [1967 c. 77.] Police (Scotland) Act 1967 or the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 and this section in its application to England and Wales, Scotland and Northern Ireland respectively has the same meaning in this section as in that Act.

(8) In this section "constable of a police force", in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

Part XI Sexual Offences

Rape

142 Rape of women and men

For section 1 of the [1956 c. 69.] Sexual Offences Act 1956 (rape of a woman) there shall be substituted the following section--

" 1 Rape of woman or man

(1) It is an offence for a man to rape a woman or another man.

(2) A man commits rape if--

(a) he has sexual intercourse with a person (whether vaginal or anal) who at the time of the intercourse does not consent to it; and

(b) at the time he knows that the person does not consent to the intercourse or is reckless as to whether that person consents to it.

(3) A man also commits rape if he induces a married woman to have sexual intercourse with him by impersonating her husband.

(4) Subsection (2) applies for the purpose of any enactment. " .

Male rape and buggery

143 Male rape and buggery

(1) Section 12 of the Sexual Offences Act 1956 (offence of buggery) shall be amended as follows.

(2) In subsection (1), after the words "another person" there shall be inserted the words "otherwise than in the circumstances described in subsection (1A) below".

(3) After subsection (1), there shall be inserted the following subsections--

" (1A) The circumstances referred to in subsection (1) are that the act of buggery takes place in private and both parties have attained the age of eighteen.

(1B) An act of buggery by one man with another shall not be treated as taking place in private if it takes place--

(a) when more than two persons take part or are present; or

(b) in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise.

(1C) In any proceedings against a person for buggery with another person it shall be for the prosecutor to prove that the act of buggery took place otherwise than in private or that one of the parties to it had not attained the age of eighteen. " .

Revised penalties for certain sexual offences

144 Revised penalties for buggery and indecency between men

(1) The following paragraphs of the Second Schedule to the [1956 c. 69.] Sexual Offences Act 1956 (which prescribe the punishments for offences of buggery and of indecency between men) shall be amended as follows.

(2) In paragraph 3--

(a) in sub-paragraph (a) (buggery), for the entry in the third column there shall be substituted "If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years."; and

(b) in sub-paragraph (a) (attempted buggery), for the entry in the third column there shall be substituted "If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years.".

(3) In paragraph 16--

(a) in sub-paragraph (a) (indecency between men), for the entry in the third column there shall be substituted "If by a man of or over the age of twenty-one with a man under the age of eighteen, five years; otherwise two years."; and

(b) in sub-paragraph (b) (attempted procurement of commission by a man of an act of gross indecency with another man), for the entry in the third column there shall be substituted "If the attempt is by a man of or over the age of twenty-one to procure a man under the age of eighteen to commit an act of gross indecency with another man, five years; otherwise two years.".

Homosexuality

145 Age at which homosexual acts are lawful

(1) In section 1 of the [1967 c. 60.] Sexual Offences Act 1967 (amendment of law relating to homosexual acts in private), for "twenty-one" in both places where it occurs there is substituted "eighteen".

(2) In section 80 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (homosexual offences), for "twenty-one" in each place where it occurs there is substituted "eighteen".

(3) In Article 3 of the [S.I. 1982/1536 (N.I. 19).] Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in private), for "21" in both places where it occurs there is substituted "18".

146 Extension of Sexual Offences Act 1967 to the armed forces and merchant navy

(1) Section 1(5) of the Sexual Offences Act 1967 (homosexual acts in the armed forces) is repealed.

(2) In section 80 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980--

(a) subsection (5) (homosexual acts in the armed forces) shall cease to have effect;

(b) in subsection (7)--

(i) after paragraph (b) there shall be inserted the word "or"; and

(ii) paragraph (d) (homosexual acts on merchant ships) and the word "; or" immediately preceding that paragraph shall cease to have effect; and

(3) Section 2 of the [1967 c. 60.] Sexual Offences Act 1967 (homosexual acts on merchant ships) is repealed.

(4) Nothing contained in this section shall prevent a homosexual act (with or without other acts or circumstances) from constituting a ground for discharging a member of Her Majesty's armed forces from the service or dismissing a member of the crew of a United Kingdom merchant ship from his ship or, in the case of a member of Her Majesty's armed forces, where the act occurs in conjunction with other acts or circumstances, from constituting an offence under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957.

Expressions used in this subsection and any enactment repealed by this section have the same meaning in this subsection as in that enactment.

147 Homosexuality on merchant ships and in the armed forces: Northern Ireland

(1) In the [S.I. 1982/1536 (N.I. 19).] Homosexual Offences (Northern Ireland) Order 1982, the following are revoked--

(a) in article 3(1) (homosexual acts in private), the words "and Article 5 (merchant seamen)"; and

(b) article 5 (homosexual acts on merchant ships).

(2) Article 3(4) of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in the armed forces) is revoked.

(3) Nothing in this section shall prevent a homosexual act (with or without other acts or circumstances) from constituting a ground for discharging a member of Her Majesty's armed forces from the service or dismissing a member of the crew of a United Kingdom merchant ship from his ship or, in the case of a member of Her Majesty's armed forces, where the act occurs in conjunction with other acts or circumstances, from constituting an offence under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.

Expressions used in this subsection and any enactment repealed by this section have the same meaning in this subsection as in that enactment.

148 Amendment of law relating to homosexual acts in Scotland

In section 80(6) of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (which defines "homosexual act" for the purpose of section 80), after "gross indecency" there is inserted "or shameless indecency".

Part XII Miscellaneous and General

The Parole Board

149 Incorporation of the Parole Board

In section 32 of the [1991 c. 53.] Criminal Justice Act 1991 (which provides the constitution and basic functions of the Parole Board), for subsection (1), there shall be substituted the following subsection--

" (1) The Parole Board shall be, by that name, a body corporate and as such shall be constituted in accordance with, and have the functions conferred by, this Part. " .

150 Powers to recall prisoners released on licence

In section 50 of the Criminal Justice Act 1991 (power by order to transfer certain functions to the Parole Board) subsection (4) shall cease to have effect and, in subsection (1), for the words "(2) to (4)" there shall be substituted the words "(2) or (3)".

Prisons: powers in relation to prisoners, visitors and others

151 Power to test prisoners for drugs

(1) After section 16 of the [1952 c. 52.] Prison Act 1952 there shall be inserted the following section--

" 16A Testing prisoners for drugs

(1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body.

(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine.

(3) In this section--

"authorisation" means an authorisation by the governor;
"drug" means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971;
"intimate sample" has the same meaning as in Part V of the [1984 c. 60.] Police and Criminal Evidence Act 1984;
"prison officer" includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991; and
"prison rules" means rules under section 47 of this Act. " .

(2) After section 41A of the [1989 c. 45.] Prisons (Scotland) Act 1989 there shall be inserted the following section--

" 41B Testing prisoners for drugs

(1) If an authorisation is in force for the prison, any officer of the prison may, at the prison, in accordance with rules under section 39 of this Act, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body.

(3) In this section--

"authorisation" means an authorisation by the governor;
"drug" means any drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971; and
"intimate sample" means a sample of blood, semen or any other tissue fluid, saliva or pubic hair, or a swab taken from a person's body orifice. " .

152 Powers of search by authorised employees in prisons

(1) In the [1952 c. 52.] Prison Act 1952, after section 8, there shall be inserted the following section--

" 8A Powers of search by authorised employees

(1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.

(2) An authorised employee searching a prisoner by virtue of this section--

(a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;

(b) may use reasonable force where necessary; and

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