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1998 c. 37
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Prevention of crime and disorder
England and Wales
Anti-social behaviour orders.
— (1) An application for an order under this section may be made by a relevant authority if it appears to the authority that the following conditions are fulfilled with respect to any person aged 10 or over, namely—(a)
that the person has acted, since the commencement date, in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself; and
that such an order is necessary to protect relevant persons from further anti-social acts by him.]
(a)
the council for a local government area;
(b)
the chief officer of police of any police force maintained for a police area;
(c)
the chief constable of the British Transport Police Force; or
(d)
any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area.]
(a)
in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;
(b)
in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;
(c)
in relation to a relevant authority falling within paragraph (c) of that subsection— (i) persons who are on or likely to be on policed premises in a local government area; or (ii) persons who are in the vicinity of or likely to be in the vicinity of such premises;
(d)
in relation to a relevant authority falling within paragraph (d) of that subsection— (i) persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or (ii) persons who are in the vicinity of or likely to be in the vicinity of such premises.]
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b)
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
[F16 “British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]
“the commencement date” means the date of the commencement of this section;
“local government area” means— (a) in relation to England, a district or London borough, the City of London, the Isle of Wight and the Isles of Scilly; (b) in relation to Wales, a county or county borough.
[F17 “policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949.]
F7 | S. 1(1)(b) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(2) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii) |
F8 | Words in s. 1(1) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), ss. 61(3) , 107(2), Sch. 8 (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)(b)(iii) |
F9 | S. 1(1A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(4) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii) |
F10 | S. 1(1B) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(4) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii) |
F11 | S. 1(2) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), ss. 61(5) , 107(2), Sch. 8 (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)(b)(iii)(c) |
F12 | Words in s. 1(3) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(6) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii) |
F13 | S. 1(6) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(7) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii) |
F14 | Words in s. 1(10) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(8) (with s. 61(10)); S.I. 2002/2750 art. 2(a)(vii) |
F15 | Words in s. 1(11) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 192 |
F16 | S. 1(12): definition of "British Transport Police Force" inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(9) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii) |
F17 | S. 1(12): definition of "policed premises" inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(9) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii) |
C1 | S. 1(11) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w) (with savings in arts. 5-8)) |
[F18 1A
Power of Secretary of State to add to relevant authorities
The Secretary of State may by order provide that the chief officer of a body of constables maintained otherwise than by a police authority is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of section 1 above.]S. 1A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 62(1) ; S.I. 2002/2750, art. 2(a)(vii) | |
[F19 1C (2) If the court considers— it may make an order which prohibits the offender from doing anything described in the order. (3) The court may make an order under this section whether or not an application has been made for such an order. (4) An order under this section shall not be made except— (5) An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody. (6) An offender subject to an order under this section may apply to the court which made it for it to be varied or discharged. (7) In the case of an order under this section made by a magistrates’ court, the reference in subsection (6) to the court by which the order was made includes a reference to any magistrates’ court acting for the same petty sessions area as that court. (8) No application may be made under subsection (6) for the discharge of an order before the end of the period of two years beginning with the day on which the order takes effect. (9) Subsections (7), (10) and (11) of section 1 apply for the purposes of the making and effect of orders made by virtue of this section as they apply for the purposes of the making and effect of anti-social behaviour orders. (10) In this section—
Orders on conviction in criminal proceedings
(1) This section applies where a person (the “offender”) is convicted of a relevant offence.(a)
that the offender has acted, at any time since the commencement date, in an anti-social manner, that is to say in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself, and
(b)
that an order under this section is necessary to protect persons in any place in England and Wales from further anti-social acts by him,
(a)
in addition to a sentence imposed in respect of the relevant offence; or
(b)
in addition to an order discharging him conditionally.
“the commencement date” has the same meaning as in section 1 above;
“the court” in relation to an offender means— (a) the court by or before which he is convicted of the relevant offence; or (b) if he is committed to the Crown Court to be dealt with for that offence, the Crown Court; and
“relevant offence” means an offence committed after the coming into force of section 64 of the Police Reform Act 2002 (c. 30).]
S. 1C inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 64 ; S.I. 2002/2750, art. 2(a)(vii) | |
[F20 1D (2) If, before determining an application to which this section applies, the court considers that it is just to make an order under this section pending the determination of that application ( “the main application”), it may make such an order. (3) An order under this section is an order which prohibits the defendant from doing anything described in the order. (4) An order under this section— (5) Subsections (6), (8) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.]
Interim orders
(1) The applications to which this section applies are—(a)
an application for an anti-social behaviour order; and
(b)
an application for an order under section 1B.
(a)
shall be for a fixed period;
(b)
may be varied, renewed or discharged;
(c)
shall, if it has not previously ceased to have effect, cease to have effect on the determination of the main application.
S. 1D inserted (2.12.2002 for s. 1D(1)(a)(2)-(5) otherwise prosp.) by Police Reform Act 2002 (c. 30), ss. 65(1) , 108(2); S.I. 2002/2750, art. 2(a)(vii) | |
[F21 1E (2) Before making an application to which this section applies, the council for a local government area shall consult the chief officer of police of the police force maintained for the police area within which that local government area lies. (3) Before making an application to which this section applies, a chief officer of police shall consult the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside. (4) Before making an application to which this section applies, a relevant authority other than a council for a local government area or a chief officer of police shall consult—
Consultation requirements
(1) This section applies to—(a)
applications for an anti-social behaviour order; and
(b)
applications for an order under section 1B.
(a)
the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside; and
(b)
the chief officer of police of the police force maintained for the police area within which that local government area lies.]
S. 1E inserted (2.12.2002 for s. 1E(1)(a)(2)-(5) otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 66 ; S.I. 2002/2750, art. 2(a)(vii) | |
Sex offender orders.
— (1) If it appears to a chief officer of police that the following conditions are fulfilled with respect to any person [F22 who he believes is in, or is intending to come to, his police area] , namely—(a)
that the person is a sex offender; and
(b)
that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect [F23 the public in the United Kingdom, or any particular members of that public,] from serious harm from him,
any magistrates’ court]
any magistrates’ court whose commission area includes any part of the applicant’s police area.]
(a)
the defendant were subject to the notification requirements of that Part; and
(b)
in relation to the defendant, the relevant date (within the meaning of that Part) were the date of service of the order.
“the appropriate court” means— (a) the court which made the sex offender order; or (b) any magistrates’ court whose commission area includes any part of the police area of the applicant or of any other relevant chief officer of police;
“relevant chief officer of police” means a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.]
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b)
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
Words in s. 2(1) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(2)(a) ; S.I. 2002/2750, art. 2(a)(viii) | |
Words in s. 2(1) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(2)(b) ; S.I. 2002/2750, art. 2(a)(viii) | |
S. 2(2)(a) and preceding word substituted (2.12.2002) for words in s. 2(2) by Police Reform Act 2002 (c. 30), s. 67(3)(a) ; S.I. 2002/2750, art. 2(a)(viii) | |
S. 2(2)(a) and preceding word substituted (2.12.2002) for words in s. 2(2) by Police Reform Act 2002 (c. 30), s. 67(3)(a) ; S.I. 2002/2750, art. 2(a)(viii) | |
S. 2(2)(b) and preceding word inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(3)(b) ; S.I. 2002/2750, art. 2(a)(viii) | |
S. 2(2)(b) and preceding word inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(3)(b) ; S.I. 2002/2750, art. 2(a)(viii) | |
Words in s. 2(4) substituted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(4)(10) ; S.I. 2002/2750, art. 2(a)(viii) | |
Words in s. 2(6) inserted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(5)(a)(10) ; S.I. 2002/2750, art. 2(a)(viii) | |
Words in s. 2(6) substituted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(5)(b)(10) ; S.I. 2002/2750, art. 2(a)(viii) | |
S. 2(6A) inserted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(6)(10) ; S.I. 2002/2750, art. 2(a)(viii) | |
Words in s. 2(7) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(7) ; S.I. 2002/2750, art 2(a)(viii) | |
S. 2(7A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(8) ; S.I. 2002/2750, art. 2(a)(viii) | |
Words in s. 2(8) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(9) ; S.I. 2002/2750, art. 2(a)(viii) | |
Words in s. 2(9) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 193 | |
S. 2(9) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w)(with savings in arts. 5-8)) | |
1997 c.51. | |
[F36 2A (2) The applicant may apply by complaint to the court for an interim order, pending the determination of the main application. (3) The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so. (4) An interim order— (5) While an interim order is in force, 
Part 1 of the Sex Offenders Act 1997 (c. 51) shall have effect as if— (6) The applicant or the defendant may apply by complaint to the court which made the interim order for it to be varied or discharged by a further order. (7) If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence. (8) A person guilty of an offence under subsection (7) above shall be liable— (9) Where a person is convicted of an offence under subsection (7) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b)(conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) in respect of the offence.]
Interim orders: sex offenders
(1) This section applies where an application for a sex offender order ( “the main application”) to a magistrates’ court has not been determined.(a)
shall have effect for the period specified in the order;
(b)
shall (if still in force) cease to have effect on the determination of the main application.
Part 1 of the Sex Offenders Act 1997 (c. 51) shall have effect as if—(a)
the defendant were subject to the notification requirements of that Part; and
(b)
in relation to him, the relevant date (within the meaning of that Part) were the date of service of the order.
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b)
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
S. 2A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 68(1) ; S.I. 2002/2750, art. 2(a)(viii) | |
[F37 2B he is guilty of an offence. (2) A person who is guilty of an offence under subsection (1) above shall be liable— (3) Where a person is convicted of an offence under subsection (1) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b)(conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of the offence.]
Sex offender orders made in Scotland or Northern Ireland
(1) If without reasonable excuse a person does anything in England and Wales which he is prohibited from doing there by—(a)
an order under section 20(4) below; or
(b)
an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b)
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
S. 2B inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 69 ; S.I. 2002/2750, art. 2(a)(viii) | |
Sex offender orders: supplemental.
— (1) In section 2 above and this section “sex offender” means a person who—(a)
has been convicted of a sexual offence to which Part I of the M2 Sex Offenders Act 1997 applies;
(b)
has been found not guilty of such an offence by reason of insanity, or found to be under a disability and to have done the act charged against him in respect of such an offence;
(c)
has been cautioned by a constable, in England and Wales or Northern Ireland, in respect of such an offence which, at the time when the caution was given, he had admitted; or
(d)
has been punished under the law in force in a country or territory outside the United Kingdom for an act which— (i) constituted an offence under that law; and (ii) would have constituted a sexual offence to which that Part applies if it had been done in any part of the United Kingdom.
(a)
the date or, as the case may be, the latest date on which he has been convicted, found, cautioned or punished as mentioned in subsection (1) above; or
(b)
if later, the date of the commencement of that section.
(a)
stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion satisfied;
(b)
showing his grounds for that opinion; and
(c)
requiring the applicant to show that it is satisfied.
Appeals against orders.
— (1) An appeal shall lie to the Crown Court against the making by a magistrates’ court of an anti-social behaviour order [F38 , an order under section 1D above,] [ F39 , a sex offender order or an order under section 2A above] .(a)
may make such orders as may be necessary to give effect to its determination of the appeal; and
(b)
may also make such incidental or consequential orders as appear to it to be just.
Words in s. 4(1) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 65(2) ; S.I. 2002/2750, art. 2(a)(vii) | |
Words in s. 4(1) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 68(2) ; S.I. 2002/2750, art. 2(a)(viii) | |
S. 4 wholly in force at 1.4.1999; S. 4 not in force at Royal Assent, see s. 121; s. 4 in force so far as relating to a sex offender order by S.I. 1998/2327, art. 4(1); S. 4 in force at 1.4.1999 to the extent that it is not already in force by S.I. 1998/3263, art. 5 | |
Authorities responsible for strategies.
— (1) Subject to the provisions of this section, the functions conferred by section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say—(a)
the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; and
(b)
every chief officer of police any part of whose police area lies within the area.
(a)
that the functions conferred by sections 6 to 7 below are to be carried out in relation to those areas taken together as if they constituted only one area; and
(b)
that the persons who for the purposes of this Chapter are to be taken to be responsible authorities in relation to the combined area are the persons who comprise every person who (apart from the order) would be a responsible authority in relation to any one or more of the areas included in the combined area.
(a)
an application for the order has been made jointly by all the persons who would be the responsible authorities in relation to the combined area or the Secretary of State has first consulted those persons; and
(b)
he considers it would be in the interests of reducing crime and disorder, or of combatting the misuse of drugs, to make the order.]
every local probation board any part of whose area lies within the area;]
(c)
every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection
(d)
where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;]
(a)
in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;
(b)
in relation to Wales, each county or county borough.
S. 5(2)(b) substituted (1.10.2002 for E. otherwise prosp.) for s. 5(a)(b) by Police Reform Act 2002 (c. 30), s. 97(4)(a) ; S.I. 2002/2306, art. 3(a) | |
S. 5(2)(d) and preceding word inserted (1.10.2002 for E. otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 97(4)(b) ; S.I. 2002/2306, art. 3(a) | |
S. 5: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3 | |
S. 5 wholly in force; S. 5 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
Formulation and implementation of strategies.
— (1) The responsible authorities for a local government area shall, in accordance with the provisions of section 5 above and this section, formulate and implement, for each relevant period, in the case of an area in England— (i) a strategy for the reduction of crime and disorder in the area; and (ii) a strategy for combatting the misuse of drugs in the area; and
(b)
in the case of an area in Wales— (i) a strategy for the reduction of crime and disorder in the area; and (ii) a strategy for combatting substance misuse in the area.]
carry out, taking due account of the knowledge and experience of persons in the area, a review— (i) in the case of an area in England, of the levels and patterns of crime and disorder in the area and of the level and patterns of the misuse of drugs in the area; and (ii) in the case of an area in Wales, of the levels and patterns of crime and disorder in the area and of the level and patterns of substance misuse in the area;]
(b)
prepare an analysis of the results of that review;
(c)
publish in the area a report of that analysis; and
(d)
obtain the views on that report of persons or bodies in the area (including those of a description prescribed by order under section 5(3) above), whether by holding public meetings or otherwise.
(a)
objectives to be pursued by the responsible authorities, by co-operating persons or bodies or, under agreements with the responsible authorities, by other persons or bodies; and
(b)
long-term and short-term performance targets for measuring the extent to which such objectives are achieved.
(a)
co-operating persons and bodies;
(b)
the review carried out under subsection (2)(a) above;
(c)
the report published under subsection (2)(c) above; and
(d)
the strategy, including in particular— (i) the objectives mentioned in subsection (4)(a) above and, in each case, the authorities, persons or bodies by whom they are to be pursued; and (ii) the performance targets mentioned in subsection (4)(b) above.
(a)
in the case of a report relating to the strategies for an area in England, to the Secretary of State; and
(b)
in the case of a report relating to the strategies for an area in Wales, to the Secretary of State and to the National Assembly for Wales.]
“co-operating persons or bodies” means persons or bodies co-operating in the exercise of the responsible authorities’ functions under this section;
“relevant period” means— (a) the period of three years beginning with such day as the Secretary of State may by order appoint; and (b) each subsequent period of three years.
[F47 “reporting period” means every period of one year which falls within a relevant period and which begins— (a) in the case of the first reporting period in the relevant period, with the day on which the relevant period begins; and (b) in any other case, with the day after the day on which the previous reporting period ends;
“substance misuse” includes the misuse of drugs or alcohol.]
S. 6(6A) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 97(10) ; S.I. 2002/2306, art. 2(f)(viii) | |
S. 6(7): definitions of "reporting period" and "substance misuse" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 97(11) ; S.I. 2002/2306, art. 2(f)(viii) | |
S. 6: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3 | |
S. 6 wholly in force; S. 6 not in force at Royal Assent see s. 121; s. 6 in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
S. 6: 1.4.1999 appointed day for the purposes of s. 6 by S.I. 1998/3263, art. 7 | |
[F48 6A (2) After formulating any section 6 strategy (whether in a case in which there has been an order under subsection or in any other case), the responsible authorities for a local government area shall send both— to the Secretary of State. (3) It shall be the duty of the responsible authorities, when preparing any document to be published under section 6(5), to have regard to any guidance issued by the Secretary of State as to the form and content of the documents to be so published. (4) If the responsible authorities for a local government area propose to make any changes to a section 6 strategy of theirs, they shall send copies of the proposed changes to the Secretary of State. (5) In subsections (2) to (4)— (6) In this section—
Powers of the Secretary of State and National Assembly for Wales
(1) The Secretary of State may, by order, require—(a)
the responsible authorities for local government areas to formulate any section 6 strategy of theirs for the reduction of crime and disorder so as to include, in particular, provision for the reduction of— (i) crime of a description specified in the order; or (ii) disorder of a description so specified.
(b)
the responsible authorities for local government areas in England to prepare any section 6 strategy of theirs for combatting the misuse of drugs so as to include in it a strategy for combatting, in the area in question, such other forms of substance misuse as may be specified or described in the order.
(a)
a copy of the strategy, and
(b)
a copy of the document which they propose to publish under section 6(5),
(a)
references to the Secretary of State, in relation to responsible authorities for local government areas in Wales shall have effect as references to the Secretary of State and the National Assembly for Wales; and
(b)
accordingly, guidance issued for the purposes of subsection (3) in relation to local government areas in Wales must be issued by the Secretary of State and that Assembly acting jointly.
“responsible authorities” and “local government area” have same meanings as in sections 5 and 6;
“section 6 strategy” means a strategy required to be formulated under section 6(1); and
“substance misuse” has the same meaning as in section 6.]
Supplemental.
— (1) The responsible authorities for a local government area shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the exercise of their functions under section 6 above as may be specified in the requirement.S. 7 wholly in force; S. 7 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
8. (2) Subject to subsection (3) and section 9(1) below [F49 and to section 19(5) of, and paragraph 13(5) of Schedule 1 to, the Powers of Criminal Courts (Sentencing) Act 2000], if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person or, as the case may be, the person convicted of the offence under section 443 or 444 ( “the parent”). (3) A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn. (4) A parenting order is an order which requires the parent— and in this subsection “week” means a period of seven days beginning with a Sunday. (5) A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where such an order has been made in respect of the parent on a previous occasion. (6) The relevant condition is that the parenting order would be desirable in the interests of preventing— (7) The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition or, as the case may be, the commission of any such further offence. (8) In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—
Parenting orders.
— (1) This section applies where, in any court proceedings—(a)
a child safety order is made in respect of a child;
(b)
an anti-social behaviour order or sex offender order is made in respect of a child or young person;
(c)
a child or young person is convicted of an offence; or
(d)
a person is convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the M4 Education Act 1996.
(a)
to comply, for a period not exceeding twelve months, with such requirements as are specified in the order; and
(b)
subject to subsection (5) below, to attend, for a concurrent period not exceeding three months and not more than once in any week, such counselling or guidance sessions as may be specified in directions given by the responsible officer;
(a)
in a case falling within paragraph (a) or (b) of subsection (1) above, any repetition of the kind of behaviour which led to the child safety order, anti-social behaviour order or sex offender order being made;
(b)
in a case falling within paragraph (c) of that subsection, the commission of any further offence by the child or young person;
(c)
in a case falling within paragraph (d) of that subsection, the commission of any further offence under section 443 or 444 of the M5 Education Act 1996.
(a)
[F50 an officer of a local probation board] ;
(b)
a social worker of a local authority social services department; and
a person nominated by a person appointed as chief education officer under section 532 of the M6 Education Act 1996]
(c)
a member of a youth offending team.
Words in s. 8(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 194 | |
Words in s. 8(8)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i) | |
S. 8(8)(bb) inserted (1.4.2001) by 2000 c. 43, s. 73; S.I. 2001/919, art. 2(d) | |
S. 8 restricted (26.6.2000) by 1999 c. 23, ss. 4(5)(6), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2; which s. 4 of that 1999 Act was repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2) | |
S. 8 wholly in force; S. 8 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1996 c.56. | |
1996 c.56. | |
1996 c. 56. | |
Parenting orders: supplemental.
— (1) Where a person under the age of 16 is convicted of an offence, the court by or before which he is so convicted—(a)
if it is satisfied that the relevant condition is fulfilled, shall make a parenting order; and
(b)
if it is not so satisfied, shall state in open court that it is not and why it is not.
(a)
in a case falling within paragraph (a) of subsection (1) of section 8 above;
(b)
in a case falling within paragraph (b) or (c) of that subsection, where the person concerned is under the age of 16; or
(c)
in a case falling within paragraph (d) of that subsection, where the person to whom the offence related is under that age,
(a)
the effect of the order and of the requirements proposed to be included in it;
(b)
the consequences which may follow (under subsection (7) below) if he fails to comply with any of those requirements; and
(c)
that the court has power (under subsection (5) below) to review the order on the application either of the parent or of the responsible officer.
(a)
any conflict with the parent’s religious beliefs; and
(b)
any interference with the times, if any, at which he normally works or attends an educational establishment.
S. 9(1A) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 paras. 25, 27 (with Sch. 7 paras. 3(3), 5(2)); 2000/1587, art. 2 | |
Words in s. 9(1A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 195 | |
S. 9 wholly in force; S. 9 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
Appeals against parenting orders.
— (1) An appeal shall lie—(a)
to the High Court against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 8 above; and
(b)
to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection.
(a)
may make such orders as may be necessary to give effect to its determination of the appeal; and
(b)
may also make such incidental or consequential orders as appear to it to be just.
(a)
the offence that led to the making of the order were an offence committed by him; and
(b)
the order were a sentence passed on him for the offence.
Child safety orders.
— (1) Subject to subsection (2) below, if a magistrates’ court, on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a “child safety order”) which—(a)
places the child, for a period (not exceeding the permitted maximum) specified in the order, under the supervision of the responsible officer; and
(b)
requires the child to comply with such requirements as are so specified.
(a)
that the child has committed an act which, if he had been aged 10 or over, would have constituted an offence;
(b)
that a child safety order is necessary for the purpose of preventing the commission by the child of such an act as is mentioned in paragraph (a) above;
(c)
that the child has contravened a ban imposed by a curfew notice; and
(d)
that the child has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.
(a)
securing that the child receives appropriate care, protection and support and is subject to proper control; or
(b)
preventing any repetition of the kind of behaviour which led to the child safety order being made.
(a)
a social worker of a local authority social services department; and
(b)
a member of a youth offending team.
Child safety orders: supplemental.
— (1) Before making a child safety order, a magistrates’ court shall obtain and consider information about the child’s family circumstances and the likely effect of the order on those circumstances.(a)
the effect of the order and of the requirements proposed to be included in it;
(b)
the consequences which may follow (under subsection (6) below) if the child fails to comply with any of those requirements; and
(c)
that the court has power (under subsection (4) below) to review the order on the application either of the parent or guardian or of the responsible officer.
(a)
any conflict with the parent’s religious beliefs; and
(b)
any interference with the times, if any, at which the child normally attends school.
(a)
by cancelling any provision included in it; or
(b)
by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
(a)
may discharge the order and make in respect of him a care order under subsection (1)(a) of section 31 of the 1989 Act; or
(b)
may make an order varying the order— (i) by cancelling any provision included in it; or (ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
S. 12 wholly in force; S. 12 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
Appeals against child safety orders.
— (1) An appeal shall lie to the High Court against the making by a magistrates’ court of a child safety order; and on such an appeal the High Court—(a)
may make such orders as may be necessary to give effect to its determination of the appeal; and
(b)
may also make such incidental or consequential orders as appear to it to be just.
S. 13 wholly in force at 1.6.2000; S. 13 not in force at Royal Assent see s. 121; S. 13(1)(2) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 13(3) in force at 1.6.2000 by S.I. 2000/924, art. 5 | |
Local child curfew schemes.
— (1) A local authority [F54 or a chief officer of police] may make a scheme (a “local child curfew scheme”) for enabling the authority [F55 or (as the case may be) the officer]—(a)
subject to and in accordance with the provisions of the scheme; and
(b)
if, after such consultation as is required by the scheme, the authority [F55 or (as the case may be) the officer] considers it necessary to do so for the purpose of maintaining order,
(a)
during specified hours (between 9 pm and 6 am); and
(b)
otherwise than under the effective control of a parent or a responsible person aged 18 or over.
(a)
every chief officer of police any part of whose police area lies within its area; and
(b)
such other persons or bodies as it considers appropriate.
(a)
every local authority any part of whose area lies within the area to be specified; and
(b)
such other persons or bodies as he considers appropriate.]
(a)
may confirm, or refuse to confirm, a local child curfew scheme submitted under this section for confirmation; and
(b)
may fix the date on which such a scheme is to come into operation;
(a)
by posting the notice in some conspicuous place or places within the specified area; and
(b)
in such other manner, if any, as appears to the local authority [F59 or (as the case may be) the chief officer of police] to be desirable for giving publicity to the notice.
“local authority” means— (a) in relation to England, the council of a district or London borough, the Common Council of the City of London, the Council of the Isle of Wight and the Council of the Isles of Scilly; (b) in relation to Wales, the council of a county or county borough;
Words in s. 14(1) inserted (1.8.2001) by 2001 c. 16, s. 49(2)(a); S.I. 2001/2223, art. 3 | |
Words in s. 14(1) inserted (1.8.2001) by 2001 c. 16, s. 49(2)(b); S.I. 2001/2223, art. 3 | |
Words in s. 14(2) substituted (1.8.2001) by 2001 c. 16, s. 48; S.I. 2001/2223, art. 3 | |
S. 14(3A) inserted (1.8.2001) by 2001 c. 16, s. 49(3); S.I. 2001/2223, art. 3 | |
S. 14(4)(4A) substituted (1.8.2001) for s. 14(4) by 2001 c. 16, s. 49(4); S.I. 2001/2223, art. 3 | |
Words in s. 14(7)(b) inserted (1.8.2001) by 2001 c. 16, s. 49(5); S.I. 2001/2223, art. 3 | |
S. 14 wholly in force; S. 14 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1986 c.64. | |
Contravention of curfew notices.
— (1) Subsections (2) and (3) below apply where a constable has reasonable cause to believe that a child is in contravention of a ban imposed by a curfew notice.(a)
in paragraph (a), after sub-paragraph (ii) there shall be inserted the following sub-paragraph— "(iii) has contravened a ban imposed by a curfew notice within the meaning of Chapter I of Part I of the Crime and Disorder Act 1998; or";and
(b)
at the end there shall be inserted the following paragraph— "In the case of a child falling within paragraph (a)(iii) above, the enquiries shall be commenced as soon as practicable and, in any event, within 48 hours of the authority receiving the information."
S. 15 wholly in force; S. 15 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
Removal of truants to designated premises etc.
— (1) This section applies where a local authority—(a)
designates premises in a police area ( “designated premises”) as premises to which children and young persons of compulsory school age may be removed under this section; and
(b)
notifies the chief officer of police for that area of the designation.
(a)
shall be exercisable as respects any area falling within the police area and specified in the direction; and
(b)
shall be so exercisable during a period so specified;
(a)
is of compulsory school age; and
(b)
is absent from a school without lawful authority,
(a)
any area in or in the vicinity of any policed premises; or
(b)
the whole or any part of any such premises;
[F61 “British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]
“local authority” means— (a) in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London; (b) in relation to Wales, a county council or a county borough council;
[F62 “policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949;]
“public place” has the same meaning as in section 14 above;
S. 16(3A) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(1) ; S.I. 2002/2306, art. 2(d)(vii) | |
S. 16(5): definition of "British Transport Police" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(a) ; S.I. 2002/2306, art. 2(d)(vii) | |
S. 16(5): definition of "policed premises" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(b) ; S.I. 2002/2306 art. 2(d)(vii) | |
1996 c.56. | |
1996 c.56. | |
Duty to consider crime and disorder implications.
— (1) Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. “local authority” means a local authority within the meaning given by section 270(1) of the M12 Local Government Act 1972 or the Common Council of the City of London;
“National Park authority” means an authority established under section 63 of the M14 Environment Act 1995.
Words in s. 17(2) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 63 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4 | |
S. 17 wholly in force; S. 17 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1972 c.70. | |
1985 c.51. | |
1995 c.25. | |
Interpretation etc. of Chapter I.
— (1) In this Chapter— “anti-social behaviour order” has the meaning given by section 1(4) above;
“child safety order” has the meaning given by section 11(1) above;
“curfew notice” has the meaning given by section 14(6) above;
“local child curfew scheme” has the meaning given by section 14(1) above;
“parenting order” has the meaning given by section 8(4) above;
“police authority” has the meaning given by section 101(1) of that Act;
“responsible officer”— (a) in relation to a parenting order, has the meaning given by section 8(8) above; (b) in relation to a child safety order, has the meaning given by section 11(8) above;
“sex offender order” has the meaning given by section 2(3) above.
(a)
a social worker of a local authority social services department; or
(b)
a member of a youth offending team,
S. 18(2) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 196 | |
Words in s. 18(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4; S.I. 2001/919, art. 2(f)(i) | |
S. 18 wholly in force; s. 18 not in force at Royal Assent see s. 121; In force at 30.9.1998 by 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1996 c.16. | |
1996 c.16. | |
Scotland
Anti-social behaviour orders.
— (1) A local authority may make an application for an order under this section if it appears to the authority that the following conditions are fulfilled with respect to any person of or over the age of 16, namely—(a)
that the person has— (i) acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause alarm or distress; or (ii) pursued a course of anti-social conduct, that is to say, pursued a course of conduct that caused or was likely to cause alarm or distress, to one or more persons not of the same household as himself in the authority’s area (and in this section “anti-social acts” and “anti-social conduct” shall be construed accordingly); and
(b)
that such an order is necessary to protect persons in the authority’s area from further anti-social acts or conduct by him.
Sex offender orders.
— (1) An application for an order under this section may be made by a chief constable if it appears to him that the conditions mentioned in subsection (2) below are fulfilled with respect to any person [F67 who he believes is in, or is intending to come to, the area of his police force] .(a)
that the person in respect of whom the application for the order is made is— (i) of or over the age of 16 years; and (ii) a sex offender; and
(b)
that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect [F68 the public in the United Kingdom, or any particular members of that public] from serious harm from him.
(a)]
the sheriff within whose sheriffdom the person is alleged to have acted as mentioned in subsection (2)(b) above.
(b)
the sheriff whose sheriffdom includes any part of the area of the applicant’s police force.]
(a)
pending the determination of the application, make any such interim order as he considers appropriate; and
(b)
if he is satisfied that the conditions mentioned in subsection (2) above are fulfilled, make an order under this section ( “a sex offender order”) which prohibits the person in respect of whom it is made from doing anything described in the order.
(a)
the person in respect of whom the order has been obtained were subject to the notification requirements of that Part; and
(b)
in relation to that person, the relevant date (within the meaning of that Part) were the date on which the copy of the order was given or delivered to that person in accordance with subsections (8) and (9) of section 21 below.
(a)
any reference in that section to the defendant shall be construed as a reference to the person in respect of whom the order is sought; and
(b)
in subsection (2) of that section, the reference to subsection (1) of the said section 2 shall be construed as a reference to subsection (2)(b) of this section.
Words in s. 20(3) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 70(4)(a) ; S.I. 2002/420, art. 2 | |
S. 20(3)(b) and preceding word inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 70(4)(b) ; S.I. 2002/420, art. 2 | |
Words in s. 20(5) substituted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(5)(9) ; S.I. 2002/420, art. 2 | |
1997 c.51. | |
Procedural provisions with respect to orders.
— (1) Before making an application under—(a)
section 19(1) above;
(b)
subsection (7)(b)(i) below,
(a)
shall have effect for a period specified in the order or indefinitely; and
(b)
may at any time be varied or revoked [F72 (in the case of a sex offender order, by the appropriate court for that order)] on a summary application by— (i) the local authority or, as the case may be, chief constable who obtained the order [F73 or, in the case of a sex offender order, any other relevant chief constable] ; or (ii) the person subject to the order.
“the appropriate court” means— (a) the sheriff who made the sex offender order; or (b) the sheriff whose sheriffdom includes any part of the area of the applicant’s police force or of the police force of any other relevant chief constable;
“relevant chief constable” means a chief constable who believes that the accused is in, or is intending to come to, the area of his police force.]
(a)
given to the person named in the order; or
(b)
sent to the person so named by registered post or by the recorded delivery service.
Words in s. 21(7)(b) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(6)(a)(9) ; S.I. 2002/420, art. 2 | |
Words in s. 21(7)(b)(i) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(6)(b) ; S.I. 2002/420, art. 2 | |
S. 21(7A) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(7)(9) ; S.I. 2002/420, art. 2 | |
S. 21(7B) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(8)(9) ; S.I. 2002/420, art. 2 | |
S. 21 wholly in force at 1.4.1999; s. 21 not in force at Royal Assent see s. 121; s. 21 in force at 1.12.1998 for the purposes of sex offender orders made under s. 20 and orders made under s. 20(4)(a) by S.I. 1998/2327, art. 4(1); S. 21 in force to the extent that it is not already in force at 1.4.1999 by S.I. 1998/3263, art. 5 | |
1967 c.77. | |
[F76 21A he is guilty of an offence. (2) A person who is guilty of an offence under subsection (1) above shall be liable—
Sex offender orders made in England and Wales or Northern Ireland
(1) If without reasonable excuse a person does anything in Scotland which he is prohibited from doing there by—(a)
an order under section 2(3) or 2A above; or
(b)
an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b)
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.]
Offences in connection with breach of orders.
— (1) Subject to subsection (3) below, if without reasonable excuse a person breaches an anti-social behaviour order by doing anything which he is prohibited from doing by the order, he shall be guilty of an offence and shall be liable—(a)
on summary conviction, to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or to both; or
(b)
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.
(a)
the breach of the anti-social behaviour order referred to in subsection (1) above consists in the accused having acted in a manner prohibited by the order which constitutes a separate offence (in this section referred to as the “separate offence”); and
(b)
the accused has been charged with that separate offence.
(a)
the fact that the offence was committed by him while subject to an anti-social behaviour order;
(b)
the number of such orders to which he was subject at the time of the commission of the offence;
(c)
any previous conviction of the accused of an offence under subsection (1) above; and
(d)
the extent to which the sentence or disposal in respect of any such previous conviction of the accused differed, by virtue of this subsection, from that which the court would have imposed but for this subsection.
(a)
in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72 of the M20 Criminal Procedure (Scotland) Act 1995 ( “the 1995 Act”) or under that paragraph as applied by section 71(2) of that Act; or
(b)
in summary proceedings, by preliminary objection before his plea is recorded,
S. 22 wholly in force at 1.4.1999; S. 22 not in force at Royal Assent, see s. 121; S. 22(6)(7) and for the purposes of their application to an order under s. 20(4)(a) and to a sex offender order made under s. 20, s. 22(1)-(5) in force at 1.12.1998 by S.I. 1998/2327, art. 4(1); S. 22 in force to the extent that it is not already in force at 1.4.1999 by S.I. 1998/3263, art. 5 | |
1995 c.46. | |
Anti-social behaviour as ground of eviction.
— F77 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " Ground 15
The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has—
(a)
been convicted of— (i) using or allowing the house to be used for immoral or illegal purposes; or (ii) an offence punishable by imprisonment committed in, or in the locality of, the house; or
(b)
acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or
(c)
pursued a course of anti-social conduct in relation to such a person as is mentioned in head (b) above.
In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants."
Noise-making equipment: police power of seizure.
— (1) The M24 Civic Government (Scotland) Act 1982 shall be amended in accordance with this section.(a)
in subsection (5)— (i) after the words “Nothing in” there shall be inserted the words "section 54(2A) of this Act or"; and (ii) for the words from “which” to the end there shall be substituted the words "which is otherwise exercisable by a constable"; and
(b)
in subsection (6)— (i) in paragraph (a), for the words from “in pursuance” to the word “vessel” there shall be substituted the words— (ii) in paragraph (c), after “under” there shall be inserted the words "section 54(2A) of this Act or".
"to enter and search— (i) any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or (ii) any vehicle or vessel in pursuance of the said subsection (1),";
and1982 c.45. | |
Great Britain
Powers to require removal of masks etc.
— [F78 (1) After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the M25 Criminal Justice and Public Order Act 1994 ( “the 1994 Act”) there shall be inserted the following subsection—(a)
to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;
(b)
to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose."]
"(a)
to stop, or to stop a vehicle; or
(b)
to remove an item worn by him,".
S. 25(1) repealed (E.W.) (14.12.2001) by 2001 c. 24, ss. 125, 127(2)(i), Sch. 8 Pt. 6 | |
S. 25 wholly in force at 1.3.1999; S. 25 not in force at Royal Assent, see s. 121; S. 25 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commencement of s. 25 omitted (30.8.1998) by virtue of S.I. 1998/2906, art. 2); S. 25 in force at 1.3.1999 by S.I. 1998/3263, art. 4 | |
1994 c.33. | |
Retention and disposal of things seized.
After section 60 of the 1994 Act there shall be inserted the following section— " Retention and disposal of things seized under section 60.
60A. — (1) Any things seized by a constable under section 60 may be retained in accordance with regulations made by the Secretary of State under this section. (2) The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things. (3) Regulations under this section may make different provisions for different classes of things or for different circumstances. (4) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."
S. 26 wholly in force at 1.3.1999; S. 26 not in force at Royal Assent, see s. 121; S. 26 in force at 1.12.1998 for the purpose of making regulations under s. 60A of the Criminal Justice and Public Order Act 1994 by S.I. 1998/2327, art. 4(1) (as amended by 1998/2906, art. 2(3)); S. 26 in force at 1.3.1999 by S.I. 1998/3263, art. 4 | |
Power of arrest for failure to comply with requirement.
— (1) In section 24(2)(arrestable offences) of the Police and Criminal Evidence Act 1984 ( “the 1984 Act”), after paragraph (n) there shall be inserted— "(o)
an offence under section 60(8)(b) of the M26 Criminal Justice and Public Order Act 1994 (failing to comply with requirement to remove mask etc.);".
S. 27 wholly in force at 1.3.1999; S. 27 not in force at Royal Assent, see s. 121; S. 27 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commnecement of s. 27 omitted (30.8.1998) by virtue of 1998/2906, art. 2(2)); S. 27 in force at 1.3.1999 by S.I. 1998/3263, art. 4 | |
1994 c.33. | |
Criminal law
[F79 Racially or religiously aggravated] offences: England and Wales
Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42) | |
Meaning of “ [F80 racially or religiously aggravated]”.
— (1) An offence is [F80 racially or religiously aggravated] for the purposes of sections 29 to 32 below if—(a)
at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a [F81 racial or religious group]; or
(b)
the offence is motivated (wholly or partly) by hostility towards members of a [F81 racial or religious group] based on their membership of that group.
“membership”, in relation to a [F81 racial or religious group], includes association with members of that group;
“presumed” means presumed by the offender.
Words in s. 28(1) and the sidenote substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(a), 127(2) (with s. 42) | |
Words in s. 28(1)(2) substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(b), 127(2) (with s. 42) | |
Words in s. 28(3) substituted (14.12.2001) for s. 28(3)(a)(b) by 2001 c. 24, ss. 39(3)(c), 127(2) (with s. 42) | |
S. 28(5) inserted (14.12.2001) by 2001 c. 24, ss. 39(4), 127(2) (with s. 42) | |
S. 28 applied (25.8.2000) by 2000 c. 6, ss. 153(3), 168(1) | |
S. 28 wholly in force; S. 28 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
[F84 Racially or religiously aggravated] assaults.
— (1) A person is guilty of an offence under this section if he commits—(a)
an offence under section 20 of the Offences Against the M27 Person Act 1861 (malicious wounding or grievous bodily harm);
(b)
an offence under section 47 of that Act (actual bodily harm); or
(c)
common assault,
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Words in the sidenote to s. 28 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(a) (with s. 42) | |
Words in s. 29(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(a) (with s. 42) | |
S. 29 wholly in force; S. 29 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1861 c.100. | |
[F86 Racially or religiously aggravated] criminal damage.
— (1) A person is guilty of an offence under this section if he commits an offence under section 1(1) of the M28 Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is [F87 racially or religiously aggravated] for the purposes of this section.(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.
Words in the sidenote to s. 30 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(b) (with s. 42) | |
Words in s. 30(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(b) (with s. 42) | |
S. 30 wholly in force; S. 30 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1971 c.48. | |
[F88 Racially or religiously aggravated] public order offences.
— (1) A person is guilty of an offence under this section if he commits—(a)
an offence under section 4 of the M29 Public Order Act 1986 (fear or provocation of violence);
(b)
an offence under section 4A of that Act (intentional harassment, alarm or distress); or
(c)
an offence under section 5 of that Act (harassment, alarm or distress),
(a)
he engages in conduct which a constable reasonably suspects to constitute an offence falling within subsection (1)(c) above;
(b)
he is warned by that constable to stop; and
(c)
he engages in further such conduct immediately or shortly after the warning.
The conduct mentioned in paragraph (a) above and the further conduct need not be of the same nature.
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Words in the sidenote to s. 31 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(c) (with s. 42) | |
Words in s. 31(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(c) (with s. 42) | |
S. 31 wholly in force; S. 31 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1986 c.64. | |
[F90 Racially or religiously aggravated] harassment etc.
— (1) A person is guilty of an offence under this section if he commits—(a)
an offence under section 2 of the M30 Protection from Harassment Act 1997 (offence of harassment); or
(b)
an offence under section 4 of that Act (putting people in fear of violence),
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(a)
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.
Words in the sidenote to s. 32 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(d), 127(2) (with s. 42) | |
Words in s. 32(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(d), 127(2) (with s. 42) | |
S. 32(2) repealed (1.10.2002) by Police Reform Act 2002 (c. 30), s. 107(2), Sch. 8 ; S.I. 2002/2306, art. 2(g)(iii)(f) | |
S. 32 wholly in force; S. 32 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1997 c.40. | |
1997 c.40. | |
Racially-aggravated offences.
After section 50 of the M32 Criminal Law (Consolidation)(Scotland) Act 1995 there shall be inserted the following section— " Racially-aggravated harassment
Racially-aggravated harassment.
50A. — (1) A person is guilty of an offence under this section if he— (2) For the purposes of this section a course of conduct or an action is racially aggravated if— (3) In subsection (2)(a) above— (4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on— (5) A person who is guilty of an offence under this section shall— (6) In this section— and a course of conduct must involve conduct on at least two occasions."
(a)
pursues a racially-aggravated course of conduct which amounts to harassment of a person and— (i) is intended to amount to harassment of that person; or (ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or
(b)
acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress.
(a)
immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person’s membership (or presumed membership) of a racial group; or
(b)
the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group.
“membership”, in relation to a racial group, includes association with members of that group;
“presumed” means presumed by the offender.
(a)
the fact or presumption that any person or group of persons belongs to any religious group; or
(b)
any other factor not mentioned in that paragraph.
(a)
on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and
(b)
on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment.
“conduct” includes speech;
“harassment” of a person includes causing the person alarm or distress;
“racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins,
Abolition of rebuttable presumption that a child is doli incapax.
The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished.S. 34 wholly in force; S. 34 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
Effect of child’s silence at trial.
In section 35 of the 1994 Act (effect of accused’s silence at trial), the following provisions shall cease to have effect, namely—(a)
in subsection (1), the words “who has attained the age of fourteen years”; and
(b)
subsection (6).
S. 35 wholly in force; S. 35 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
Abolition of death penalty for treason and piracy.
— (1) In section I of the M33 Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words “have and suffer such pains of death and” there shall be substituted the words "be liable to imprisonment for life and to such".(a)
section II of the M34 Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);
(b)
section XII of the M35 Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);
(c)
section 3 of the M36 Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);
(d)
section I of the M37 Treason Act (Ireland) 1703 (which makes corresponding provision),
(a)
the M38 Treason Act 1790;
(b)
the M39 Treason Act 1795.
(a)
the Sentence of M42 Death (Expectant Mothers) Act 1931; and
(b)
sections 32 and 33 of the M43 Criminal Justice Act Northern Ireland) 1945 (which make corresponding provision).
S. 36 wholly in force; S. 36 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1537 c.7. | |
1542 c.1. | |
1560 c.1. | |
1702 c.21. | |
1703 c.5. | |
1790 c.48. | |
1795 c.7. | |
1814 c.146. | |
1837 c.88. | |
1931 c.24. | |
1945 c.15 (N.I.). | |
Criminal justice system
Aim of the youth justice system.
— (1) It shall be the principal aim of the youth justice system to prevent offending by children and young persons.S. 37 wholly in force; S. 37 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
Local provision of youth justice services.
— (1) It shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (2) below, to secure that, to such extent as is appropriate for their area, all youth justice services are available there.(a)
every chief officer of police or police authority any part of whose police area lies within the local authority’s area; and
(b)
(a)
by making the payments directly; or
(b)
by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.
(a)
the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers;
(b)
the assessment of children and young persons, and the provision for them of rehabilitation programmes, for the purposes of section 66(2) below;
(c)
the provision of support for children and young persons remanded or committed on bail while awaiting trial or sentence;
(d)
the placement in local authority accommodation of children and young persons remanded or committed to such accommodation under section 23 of the M44 Children and Young Persons Act 1969 ( “the 1969 Act”);
(e)
the provision of reports or other information required by courts in criminal proceedings against children and young persons;
(f)
the provision of persons to act as responsible officers in relation to parenting orders, child safety orders, reparation orders and action plan orders;
(g)
the supervision of young persons sentenced to a probation order, a community service order or a combination order;
(h)
the supervision of children and young persons sentenced to a detention and training order or a supervision order;
(i)
the post-release supervision of children and young persons under section 37(4A) or 65 of the 1991 Act or section 31 of the M45 Crime (Sentences) Act 1997 ( “the 1997 Act”);
(j)
the performance of functions under subsection (1) of [F95 section 102 of the Powers of Criminal Courts (Sentencing) Act 2000 (period of detention and training under detention and training orders)] by such persons as may be authorised by the Secretary of State under that subsection.
the implementation of referral orders within the meaning of [F97 the Powers of Criminal Courts (sentencing) Act 2000].]
Words in s. 38(2)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 151; S.I. 2001/919, art. 2(f)(ii) | |
Words in s. 38(2)(b) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 25(2) | |
Words in s. 38(4)(j) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(a) | |
S. 38(4)(k) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 paras. 25, 28 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2 | |
Words in s. 38(4)(k) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(b) | |
S. 38 wholly in force; S. 38 not in force at Royal Assent see s. 121. S. 38(4) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); S. 38(1)-(3)(5) in force at 30.8.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 38 in force at 1.4.2000 by S.I. 2000/924, art. 2 | |
1969 c.54. | |
1997 c.43. | |
Youth offending teams.
— (1) Subject to subsection (2) below, it shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (3) below, to establish for their area one or more youth offending teams.(a)
any reference in the following provisions of this section (except subsection (4)(b)) to, or to the area of, the local authority or a particular local authority shall be construed accordingly, and
(b)
the reference in subsection (4)(b) to the local authority shall be construed as a reference to one of the authorities.
(a)
every chief officer of police any part of whose police area lies within the local authority’s area; and
(b)
(a)
by making the payments directly; or
(b)
by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.
(a)
[F100 an officer of a local probation board];
(b)
a social worker of a local authority social services department;
(c)
a police officer;
(d)
a person nominated by [F101 a Primary Care Trust or] a health authority any part of whose area lies within the local authority’s area;
(e)
a person nominated by the chief education officer appointed by the local authority under section 532 of the M46 Education Act 1996.
(a)
to co-ordinate the provision of youth justice services for all those in the authority’s area who need them; and
(b)
to carry out such functions as are assigned to the team or teams in the youth justice plan formulated by the authority under section 40(1) below.
Words in s. 39(3)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii) | |
Words in s. 39(3)(b) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 25(3)(a) | |
Words in s. 39(5)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a), (2); S.I. 2001/919, art. 2(f)(i) | |
Words in s. 39(5)(d) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt 1 para. 25(3)(b) | |
S. 39 wholly in force at 1.4.2000; S. 39 not in force at Royal Assent see s. 121; S. 39 in force at 30.9.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 39 in force at 1.4.2000 insofar as not already in force by S.I. 2000/924, art. 2 | |
1996 c.56. | |
Youth justice plans.
— (1) It shall be the duty of each local authority, after consultation with the relevant persons and bodies, to formulate and implement for each year a plan (a “youth justice plan”) setting out—(a)
how youth justice services in their area are to be provided and funded; and
(b)
how the youth offending team or teams established by them (whether alone or jointly with one or more other local authorities) are to be composed and funded, how they are to operate, and what functions they are to carry out.
S. 40: functions of the local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3 | |
S. 40 wholly in force at 1.1.2000; S. 40 not in force at Royal Assent see s. 121; S. 40 in force at 30.9.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 40 in force at 1.1.2000 insofar as not already in force by S.I. 1999/3426, art. 2 | |
The Youth Justice Board.
— (1) There shall be a body corporate to be known as the Youth Justice Board for England and Wales ( “the Board”).(a)
to monitor the operation of the youth justice system and the provision of youth justice services;
(b)
to advise the Secretary of State on the following matters, namely— (i) the operation of that system and the provision of such services; (ii) how the principal aim of that system might most effectively be pursued; (iii) the content of any national standards he may see fit to set with respect to the provision of such services, or the accommodation in which children and young persons are kept in custody; and (iv) the steps that might be taken to prevent offending by children and young persons;
(c)
to monitor the extent to which that aim is being achieved and any such standards met;
(d)
for the purposes of paragraphs (a), (b) and (c) above, to obtain information from relevant authorities;
(e)
to publish information so obtained;
(f)
to identify, to make known and to promote good practice in the following matters, namely— (i) the operation of the youth justice system and the provision of youth justice services; (ii) the prevention of offending by children and young persons; and (iii) working with children and young persons who are or are at risk of becoming offenders;
(g)
to make grants, with the approval of the Secretary of State, to local authorities or other bodies for them to develop such practice, or to commission research in connection with such practice; F102 . . .
(h)
themselves to commission research in connection with such practice.
to enter into agreements for the provision of— (i) secure accommodation within the meaning of section 75(7) below for the purpose of detaining persons in respect of whom a detention and training order is made under section 73 below or an order is made under section 77(3)(a) or 78(2) below; (ii) accommodation which is or may be used for the purpose of detaining persons sentenced under section 53(1) or (3) of the 1933 Act; (iii) accommodation which is or may be used for the purpose of detaining persons dealt with under subsection (4)(c) of section 23 of the 1969 Act, as that section has effect in relation to persons described in section 98(1) below; (iv) accommodation which is or may be used for the purpose of detaining persons who are under the age of 18 when remanded in custody under section 128 of the 1980 Act; (v) accommodation which is or may be used for the purpose of detaining persons sentenced when under the age of 18 and before 1st April 2000 to detention in a young offender institution under section 1A of the 1982 Act; and (vi) accommodation which is or may be used for the purpose of detaining persons subject to secure training orders made before 1st April 2000 under section 1 of the 1994 Act; but no agreement shall be made under this paragraph in relation to accommodation for persons who have attained the age of 18 unless it appears to the Board that it is expedient to enter into such an agreement for the operation of the youth justice system;
(j)
to facilitate arrangements between the Secretary of State and any person providing— (i) secure accommodation within the meaning of section 75(7) below to be used for detaining a person in accordance with a determination under section 75(1), 77(3)(a) or 78(2) below, or (ii) accommodation to be used for detaining a person in accordance with a direction by the Secretary of State under section 53(1)(a) or (3)(a) of the 1933 Act;
(k)
to offer assistance to local authorities in discharging their duty under section 61 of the 1991 Act, whether by acting as the agent of a local authority or facilitating arrangements under section 61(2), or otherwise; and
(l)
annually— (i) to assess future demand for secure accommodation for remanded and sentenced children and young persons, (ii) to prepare a plan setting out how they intend to exercise, in the following three years, the functions described in paragraphs (i) and (k) above, and any function for the time being exercisable by the Board concurrently with the Secretary of State by virtue of subsection (6)(b) below which relates to securing the provision of such accommodation, and (iii) to submit the plan to the Secretary of State for approval.]
(a)
amend subsection (5) above so as to add to, subtract from or alter any of the functions of the Board for the time being specified in that subsection; or
(b)
provide that any function of his which is exercisable in relation to the youth justice system shall be exercisable concurrently with the Board.
(a)
shall furnish to the Board any information required for the purposes of subsection (5)(a), (b) or (c) above; and
(b)
whenever so required by the Board, shall submit to the Board a report on such matters connected with the discharge of their duties under the foregoing provisions of this Part as may be specified in the requirement.
Word in s. 41(5)(g) omitted (20.4.2000) by virtue of S.I. 2000/1160, art. 3(a) | |
S. 41(5)(i)-(k) inserted (20.4.2000) by S.I. 2000/1160, art. 3(b) | |
Words in s. 41(10) substituted (1.4.2001) by 2000 c. 43, s. 74, SCh. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii) | |
Words in s. 41(10) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 25(4) | |
S. 41 wholly in force; s. 41 not in force at Royal Assent, see s. 121. in force at 1.8.1998 for the purposes of making appointments under this section and under paragraph 1 of Sch. 2 by S.I. 1998/1883, art. 2(a). s. 41 in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
Supplementary provisions.
— (1) In the foregoing provisions of this Part and this section— “local authority” means— (a) in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London; (b) in relation to Wales, a county council or a county borough council;
“youth justice system” means the system of criminal justice in so far as it relates to children and young persons.
Words in s. 42(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii) | |
Words in s. 42(3) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 25(5) | |
S. 42 wholly in force; S. 42 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8) | |
1996 c.16. | |
1996 c.16. | |
Time limits.
— (1) In subsection (2) of section 22 (time limits in relation to criminal proceedings) of the M49 Prosecution of Offences Act 1985 ( “the 1985 Act”), for paragraphs (a) and (b) there shall be substituted the following paragraphs— "(a)
be made so as to apply only in relation to proceedings instituted in specified areas, or proceedings of, or against persons of, specified classes or descriptions;
(b)
make different provision with respect to proceedings instituted in different areas, or different provision with respect to proceedings of, or against persons of, different classes or descriptions;".
(a)
that the need for the extension is due to— (i) the illness or absence of the accused, a necessary witness, a judge or a magistrate; (ii) a postponement which is occasioned by the ordering by the court of separate trials in the case of two or more accused or two or more offences; or (iii) some other good and sufficient cause; and
(b)
that the prosecution has acted with all due diligence and expedition."
(a)
for the word “Where” there shall be substituted the words "Subsection (6A) below applies where"; and
(b)
for the words from “the overall time limit” to the end there shall be substituted the words "and is accordingly unlawfully at large for any period."
(a)
the period for which the person is unlawfully at large; and
(b)
such additional period (if any) as the appropriate court may direct, having regard to the disruption of the prosecution occasioned by— (i) the person’s escape or failure to surrender; and (ii) the length of the period mentioned in paragraph (a) above, shall be disregarded, so far as the offence in question is concerned, for the purposes of the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time."