Criminal Justice Act 1988

(26) (1) Her Majesty may by Order in Council— (a) direct in relation to a country or territory outside the United Kingdom designated by the Order (“a designated country") that, subject to such modifications as may be specified, this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there; (b) make— (i) such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order; and (ii) such provision as to evidence or proof of any matter for the purposes of this section and section 26A below; and (iii) such incidental, consequential and transitional provision, as appears to Her Majesty to be expedient; and (c) without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified. (2) In this Act— - “external confiscation order” means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value; and - “modifications” includes additions, alterations and omissions. (3) An Order in Council under this section may make different provision for different cases or classes of case. (4) The power to make an Order in Council under this section includes power to modify this Act in such a way as to confer power on a person to exercise a discretion. (5) An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament. (26A) (1) On an application made by or on behalf of the Government of a designated country, the High Court may register an external confiscation order made there if— (a) it is satisfied that at the time of registration the order is in force and not subject to appeal; (b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and (c) it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice. (2) In subsection (1) above “appeal” includes— (a) any proceedings by way of discharging or setting aside a judgment; and (b) an application for a new trial or a stay of execution. (3) The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.

.

16

The following subsections shall be substituted for subsections (12) and (13) of section 38 (general interpretation)—

(12) Proceedings for an offence are concluded— (a) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings; (b) on the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default). (13) An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

17

In section 40(4) (effect of Act in Scotland), in paragraph (b), for “17" there shall be substituted “17A".

Part II — Amendments of Criminal Justice (Scotland) Act 1987

18

The Criminal Justice (Scotland) Act 1987 shall be amended as follows.

19

In section 1 (confiscation orders) in paragraph (b) of subsection (2) after the words “restriction on importation" there shall be inserted the words “and exportation".

20

In subsection (6)(a) of section 11 (which applies the provisions of that section to restraint orders under the Drug Trafficking Offences Act 1986 registered in Scotland) after the word “information" there shall be inserted the words “in respect of the charge".

21

In subsection (3) of section 16 (application of proceeds of realisation and other sums) for the words from “sum", in the second place where it occurs, to “applied", in the third place where it occurs, there shall be substituted the words

sheriff clerk shall apply the money received— (a) first, in payment of any expenses to payment of which a person is entitled under section 37(2) of this Act but which were not paid to him under subsection (1) above; (b) next, in payment of the administrator’s remuneration and expenses; (c) next,

.

22

In section 34(6)(d) (bankruptcy in England and Wales of person holding realisable property) for the words “subsections (2)(b) and (4) are" there shall be substituted the words “subsection (2)(b) is".

23

In subsection (5) of section 38 (order to permit entry to premises) after the word “constable" there shall be inserted the words “or person commissioned as aforesaid".

SCHEDULE 6

Status

1

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

Membership

2

• (1) The Board shall consist of such number of members as the Secretary of State thinks fit to appoint, and he may appoint one of them as chairman.

• (2) A person may only be appointed to be a member of the Board if he is a barrister practising in England and Wales, an advocate practising in Scotland,a solicitor practising in England and Wales or Scotland or a person who holds or has held judicial office in England and Wales or Scotland.

• (3) Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or chairman of the Board in accordance with the terms of his appointment.

• (4) A person shall not hold office as a member of the Board for more than five years under any one appointment, but a person who ceases to be a member shall be eligible for reappointment.

• (5) A person shall vacate office as a member of the Board—

• (a) if he ceases to be qualified for appointment to that office; or

• (b) on attaining the age of 72;

unless the Secretary of State considers that it is in the interests of the efficient operation of the compensation scheme that he should continue to hold office.

• (6) A person may at any time resign his office as a member or as chairman of the Board by giving the Secretary of State notice in writing to that effect.

• (7) Subject to sub-paragraph (8) below, the Secretary of State may at any time remove a person from office as a member of the Board if satisfied that—

• (a) he has been convicted of a criminal offence;

• (b) he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors;

• (c) he is incapacitated by physical or mental illness; or

• (d) he is otherwise unable or unfit to perform his duties.

• (8) The power conferred by sub-paragraph (7) above shall only be exercisable—

• (a) in the case of a member who practises or has practised as a barrister or solicitor in England and Wales, or who holds or has held judicial office there, with the consent of the Lord Chancellor; and

• (b) in the case of a member who practises or has practised as an advocate or solicitor in Scotland, or who holds or has held judicial office there, with the consent of the Lord President of the Court of Session.

3

• (1) The Board shall pay to its members such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.

• (2) In the case of any such member or former member of the Board as the Secretary of State may, with the approval of the Treasury, determine, the Board shall pay, or make arrangements for the payment of, such pension, allowance or gratuity to, or in respect of, him as may be so determined.

4

Where a person ceases to hold office as a member of or as chairman of the Board otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Treasury, direct the Board to make to that person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.

Staff

5

The Board may, after consultation with the Secretary of State, appoint such officers and servants as the Board think fit, subject to the approval of the Treasury as to numbers and as to remuneration and other terms and conditions of service.

6

Employment by the Board shall be included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act, at the beginning of the list of “Other Bodies” there shall be inserted—

Criminal Injuries Compensation Board

.

Expenses

7

Any expenses incurred by the Board in discharging their functions shall be defrayed by the Secretary of State.

Proceedings

8

The validity of any proceedings of the Board shall not be affected by any defect in the appointment of a member.

Accounts and information etc.

9

• (1) The Board shall—

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

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

• (2) The statement of accounts prepared by the Board for each financial year shall be submitted to the Secretary of State at such time as he shall, with the approval of the Treasury, direct.

• (3) The Secretary of State shall, on or before 30th November in any year, send to the Comptroller and Auditor General the statement of accounts prepared by the Board under sub-paragraph (1) above for the financial year last ended.

• (4) The Comptroller and Auditor General shall examine, certify and report on the statement of accounts sent to him under sub-paragraph (3) above and shall lay copies of the statement and of his report before each House of Parliament.

• (5) In this Schedule “financial year” means the period beginning with the day on which this Schedule comes into force and ending with 31st March following that day and each successive period of 12 months.

10

• (1) As soon as possible after the end of each financial year the Board shall make a report to the Secretary of State on the operation of the scheme and the discharge of their functions during that year.

• (2) The Secretary of State shall lay before each House of Parliament a copy of every report made by the Board under this paragraph.

11

The Board shall provide the Secretary of State with such information relating to their administration of the scheme as he may from time to time require and for that purpose shall permit any person authorised in that behalf by the Secretary of State to inspect and make copies of their accounts, books, documents or papers and shall afford to that person such explanation thereof as he may reasonably require.

12

The Secretary of State may give to the Board such directions as he thinks fit as to the financial and management systems and procedures to be adopted by the Board; and the Board shall give effect to any such directions.

SCHEDULE 7

Claims for compensation

1

• (1) The Board shall not award compensation to a person unless, in addition to any other conditions relating to it being satisfied, he has made a claim for it in the prescribed manner.

• (2) In this Schedule “prescribed” means prescribed by rules under paragraph 14 below.

2

Unless the circumstances appear to them to be exceptional—

• (a) in a case where the Board have not previously awarded compensation in respect of an injury they shall not determine a claim in respect of it which is made after the end of three years from the date of the incident giving rise to the injury; and

• (b) in a case where they have previously awarded compensation in respect of an injury, they shall not determine any further claim in respect of it which is made after the end of three years beginning with the date of the notice under paragraph 6(2) below relating to the award, or latest award, of compensation in respect of the injury.

3

If

• (a) the Board—

• (i) have previously awarded compensation in respect of an injury; and

• (ii) stated at the time of a previous award that the evidence before them showed that a particular medical condition might arise in the future as a result of the injury; and

• (b) a claim is made in respect of such a condition,

the Board shall determine the claim whenever it is made.

Procedure

4

• (1) The Secretary of State shall make rules of procedure in relation to claims for compensation.

• (2) Without prejudice to the generality of sub-paragraph (1) above rules under this paragraph may in particular—

• (a) specify matters which may be dealt with or which must be dealt with—

• (i) by members of the Board’s staff; or

• (ii) by a member or members of the Board;

• (b) make provision—

• (i) for the determination of a claim without a hearing;

• (ii) for the reconsideration without a hearing of a previous determination without a hearing; and

• (iii) for the extent to which a previous determination may be altered on such a reconsideration;

• (c) make provision as to circumstances in which a claim is to be or may be determined by a decision at a hearing on specified issues and as to the procedure for settling the issues which are to be considered;

• (d) make provision about the conduct of hearings and in particular about the calling of witnesses, the admissibility of, and weight to be given to, hearsay and opinion evidence and the order of proceedings;

• (e) make provision as to the confidentiality of information disclosed in connection with a claim; and

• (f) make such incidental or supplementary provision as appears to the Secretary of State to be appropriate.

• (3) Rules under this paragraph may make different provision for different descriptions of cases.

• (4) Rules under this paragraph shall be made by statutory instrument.

• (5) A statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Applications for reconsideration of claims

5

• (1) Where a claimant is aggrieved by the determination of a claim which was determined without a hearing, he may question the determination by applying to the Board for the claim to be reconsidered after a hearing.

• (2) A claimant may not make an application under this paragraph if, as part of their determination, the Board have certified that in their opinion no prima facie case for an award of compensation was disclosed by his application.

• (3) An application under this paragraph—

• (a) shall be entertained by the Board if it is made before the expiry of the period of three months beginning with the date on which the claimant was notified of their determination; and

• (b) may be entertained by them if made outside that period if they are satisfied that there are exceptional reasons for doing so.

• (4) The Board may refuse an application under this paragraph if they are of the opinion that there is sufficient reason to do so and, if the claimant so requires, shall give him a certificate that the application has been refused.

• (5) Where the Board refuse an application for the reconsideration of a claim determined without a hearing in accordance with the law of England and Wales, the High Court, on the application of the claimant, may make an order of mandamus requiring the Board to reconsider his claim after a hearing.

• (6) Where the Board refuse an application for the reconsideration of a claim determined without a hearing in accordance with the law of Scotland, the Court of Session, on the application of the claimant, may direct the Board to reconsider the claim after a hearing.

Payment of compensation

6

• (1) Except in prescribed cases, compensation, whether on an interim or a final award, shall be paid in a lump sum.

• (2) It shall be the duty of the Board to give a claimant written notice of the amount of an award.

• (3) A claimant shall not be entitled to a payment unless the Board have received from him written notice to the effect that he has received a notice under sub-paragraph (2) above and accepts the amount of compensation specified in the notice as the proper amount.

Deferment of determination

7

• (1) The Board may only defer the determination of a claim on the ground that criminal proceedings are current if they consider that the proceedings are likely to be material to their determination of the claim.

• (2) Where the Board are satisfied that a claimant is qualified for an award of compensation but do not have all the information they need to assess the amount of the award, they may defer the determination of the claim for such reasonable period as may be appropriate to allow them to obtain that information.

• (3) Where the Board are satisfied that a claimant is qualified for an award of compensation but have reason to believe that he may become entitled to an award of compensation under the scheme established by the Criminal Injuries (Compensation) (Northern Ireland) Order 1988, or any order replacing that Order, or under any similar scheme established in any other country or territory, they may defer the determination of his claim for such reasonable period as may be appropriate in order to establish whether he will become entitled to such an award and, if he will, the amount of the award.

Appropriate law

8

Subject to the provisions of this Part of this Act, a claim for compensation under any of the heads specified in section 111 above is to be determined, and the amount of any compensation which falls to be assessed under any of those heads is to be assessed, in accordance with the rules of the law of England and Wales or the law of Scotland (including rules contained in Acts of Parliament but not including rules allowing a plaintiff or pursuer aggravated damages or interest) in accordance with which a claim in tort or delict arising out of the same facts for damages under a corresponding head would fall to be determined.

Private medical treatment

9

In assessing compensation no account shall be taken of any expenses incurred in respect of private medical treatment unless the Board are satisfied that such treatment is or was essential; and where the Board are so satisfied in relation to any such treatment, compensation for the expenses incurred in respect of that treatment shall not exceed a reasonable amount.

Calculation of earning capacity

10

• (1) For the purposes of assessing compensation payable under this Part of this Act, the earning capacity of the person who sustained the injury to which the claim in question relates shall be taken not to be or to have been in excess of one-and-a-half times the gross average industrial wage.

• (2) For the purposes of this paragraph the gross average industrial wage shall be taken to be whatever sum is specified by the Secretary of State by order as being the gross average industrial wage; and the Secretary of State shall cause any order specifying such a sum to be published in such manner as he thinks fit.

• (3) The Secretary of State may by order amend sub-paragraph (1) above by varying the multiplier for the time being specified in that sub-paragraph.

• (4) An order under sub-paragraph (2) above shall be made by statutory instrument.

• (5) A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Reduction of compensation by reference to social security benefits etc.

11

• (1) Compensation, other than compensation in respect of funeral expenses, shall be assessed on the basis that the loss to be compensated is reduced by the value of any entitlement to benefits which the claimant has in consequence of the injury to which the claim relates or, as the case may be, the death of the person who sustained that injury.

• (2) In this paragraph—

• “benefit” means— any social security benefits payable under the laws of any part of the United Kingdom and any similar benefits payable under the laws of any other country or territory; Injuries (Compensation) (Northern Ireland) Order 1988, or any order replacing that Order, or under any similar scheme established in any other country or territory; benefits (including any return of premiums) under any insurance arrangements, other than private insurance arrangements; and

• “private insurance arrangements” means insurance arrangements for which no person wholly or partly pays except— the person who sustained the injury to which the claim relates; his spouse; any person who on the date that that injury was sustained— was living in the same household as the person who sustained that injury, was so living with him as his spouse; and had been so living with him in the same household during the whole of the period of two years immediately preceding that date; where the person who sustained that injury was at the time under the age of 18 years, his parent or guardian.

• (3) In calculating for the purposes of this paragraph the value of any entitlement to benefits regard shall be had—

• (a) to any liability to income tax likely to reduce the value of that entitlement; and

• (b) to any effect the making of the award is likely to have on that entitlement.

• (4) In the case of a claim by the surviving spouse of a person who died as a result of having sustained the injury to which the claim relates, no account shall be taken of any re-marriage of his or of his prospect of re-marriage in calculating for the purposes of this paragraph the value of the surviving spouse’s entitlement to social security benefits.

Reduction of compensation by reference to pension rights

12

• (1) Compensation payable, other than compensation in respect of funeral expenses, shall be assessed on the basis that the loss to be compensated is reduced by the value of any pension rights, other than private pension rights, which—

• (a) where the claimant is the person who sustained the injury to which the claim relates, are enjoyed by him in consequence of that injury and by virtue of any office or employment of his; or

• (b) where the claimant is a dependant of the person who sustained the injury to which the claim relates, are enjoyed by him in consequence of that person’s death and by virtue of any office or employment of that person.

• (2) In assessing the value of any pension rights for the purposes of this paragraph, regard shall be had to any likelihood that present or future liability to income tax may reduce their value.

• (3) In this Schedule “private pension rights” means rights arising under pension arrangements for which no person wholly or partly pays except—

• (a) the person who sustained the injury to which the claim relates;

• (b) his spouse;

• (c) any person who on the date that that injury was sustained—

• (i) was living in the same household as the person who sustained that injury;

• (ii) was so living with him as his spouse; and

• (iii) had been so living with him in the same household during the whole of the period of two years immediately preceding that date;

• (d) where the person who sustained that injury was at the time under the age of 18 years, his parent or guardian.

• (4) For the purposes of this paragraph “pension rights” includes sums paid under insurance arrangements, other than private insurance arrangements, and gratuities.

Reduction of compensation by reference to damages etc.

13

Where the Board are satisfied that, by virtue of—

• (a) a judgment or decree in, or the settlement of, any action for damages; or

• (b) any order under section 35 (compensation orders against convicted persons) or section 43A (payment of the proceeds of forfeited property to a person suffering personal injury, loss or damage as the result of an offence) of the of Criminal Courts Act 1973 or section 98 of the Criminal Justice (Scotland) Act 1980 (compensation orders against convicted persons),

a claimant has received any payment which compensates him for any loss in respect of which compensation is payable to him under this Part of this Act, the compensation so payable to him shall be assessed on the basis that that loss is reduced by the amount of that payment.

Miscellaneous rules

14

• (1) The Secretary of State may by rules—

• (a) provide for the use of prescribed forms;

• (b) prescribe circumstances in which, and the method by which, one person may act for another in relation to a claim for compensation;

• (c) prescribe the manner in which the Board are to notify their determinations;

• (d) specify cases in which compensation is not to be paid as a lump sum and how it is to be paid in any such case;

• (e) provide that, in the case of compensation awarded to a person who is under the age of 18 years or under a disability, the Board shall have such power with respect to the payment and investment of the award as may be prescribed; and

• (f) make such incidental or supplementary provision as appears to the Secretary of State to be appropriate.

• (2) Rules under this paragraph may make different provision for different descriptions of cases.

• (3) Rules under this paragraph shall be made by statutory instrument.

• (4) A statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 8

Part I — Amendments

General

1

In any enactment for a reference to a detention centre or to a youth custody centre or to both there shall be substituted a reference to a young offender institution.

2

In any enactment except—

• (a) section 21 of the Firearms Act 1968;

• (b) Schedule 1 to the Juries Act 1974;

• (c) section 5 of the Rehabilitation of Offenders Act 1974; and

• (d) section 17(3) of the Criminal Justice Act 1982,

for a reference (however expressed) to a detention centre order or to a sentence of youth custody or to both there shall be substituted a reference to a sentence of detention in a young offender institution.

3

• (1) In any enactment except—

• (a) Part II of Schedule 1 to the Juries Act 1974;

• (b) section 5 of the Rehabilitation of Offenders Act 1974; and

• (c) sections . . . 17(3) of the Criminal Justice Act 1982,

for a reference to a sentence of Borstal training there shall be substituted a reference to a sentence of detention in a young offender institution.

• (2) In any enactment for a reference to a Borstal institution there shall be substituted a reference to a young offender institution.

Army Act 1955 (c. 18)Air Force Act 1955 (c. 19)Naval Discipline Act 1957 (c. 53)

4

In subsection (6) –

• (a) of section 71AA of the Army Act 1955 and the Air Force Act 1955; and

• (b) of section 43AA of the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (a)—

(a) where the offender is in or removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;

5

In sub-paragraph (6) of paragraph 10—

• (a) of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and

• (b) of Schedule 4A to the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (a)—

(a) where the offender is removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;

Firearms Act 1968 (c. 27)

6

In section 21(1) and (2) of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime) after the words “youth custody" there shall be inserted the words “or detention in a young offender institution".

Employment Agencies Act 1973 (c. 35)

7

In section 13(7)(a)(ii) of the Employment Agencies Act 1973 for the words from “prison" to “institution", in the second place where it occurs, there shall be substituted the words “custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;".

Juries Act 1974 (c. 23)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rehabilitation of Offenders Act 1974 (c. 53)

9

In section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods) the words “detention in a young offender institution" shall be inserted—

• (a) in subsection (1)(b), after the words “youth custody"; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1982 (c. 48)

10

The following paragraph shall be inserted after paragraph (b) of section 17(3) of the Criminal Justice Act 1982 (restrictions on making attendance centre orders)—

(bb) to detention in a young offender institution

.

Part II — Transitional Provisions

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Part I — AMENDMENTS

Prisons (Scotland) Act 1952 (c. 61)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Army Act 1955 (c. 18)Air Force Act 1955 (c. 19)Naval Discipline Act 1957 (c. 53)

2

In subsection (6)—

• (a) of section 71AA of the Army Act 1955 and the Air Force Act 1955; and

• (b) of section 43AA of the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (b)—

(b) where the offender is in or removed to Scotland, a young offenders institution;

.

3

In sub-paragraph (6) of paragraph 10—

• (a) of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and

• (b) of Schedule 4A to the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (b)—

(b) where the offender is removed to Scotland, a young offenders institution;

.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

4

In paragraph (b) of Part II (Persons Disqualified) of Schedule I to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 in sub-paragraph (i) for the words “or detention" there shall be substituted the words “detention or youth custody".

Criminal Justice (Scotland) Act 1980 (c. 62)

5

In section 41(2)(b)(ii) of the Criminal Justice (Scotland) Act 1980 after the words “detention in a" there shall be inserted the words “young offender institution or.".

Part II — Transitional Provisions

6

An Offender who was ordered to be detained in a detention centre on a date before the commencement of section 124(1) of this Act shall, if the order has not expired at the commencement of that section, be treated for all purposes of detention, release and supervision as if he had been sentenced to detention for the like term in a young offenders institution.

7

A person who at the commencement of section 124 of this Act is detained in a detention centre by virtue of a custodial order—

• (a) under section 71 AA of the Army Act 1955, section 71AA of the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957; or

• (b) under paragraph 10 of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957,

shall be detained in such young offenders institution as the Secretary of State may direct, and any enactment applying to persons detained in young offenders institutions shall apply to a person so detained under this paragraph.

8

Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods) shall continue to apply as regards any person who, before the commencement of section 124(1) of this Act, had served a sentence of detention in a detention centre as if the said section 124(1) had not been commenced.

SCHEDULE 10

Part I — Sections Substituted for Section 12 of Children and Young Persons Act 1969

Power to include requirements in supervision orders

12

• (1) A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section or by section 12A, 12B or 12C below.

• (2) Subject to section 19(12) of this Act, a supervision order may require the supervised person to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things—

• (a) to live at a place or places specified in the directions for a period or periods so specified;

• (b) to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;

• (c) to participate in activities specified in the directions on a day or days so specified;

but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by section 12B(1) of this Act.

• (3) The total number of days in respect of which a supervised person may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of subsection (2) above in pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this subsection; and for the purpose of calculating the total number of days in respect of which such directions may be given the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.

Young offenders

12A

• (1) Subject to subsection (2) of this section, this subsection applies to—

• (a) any supervision order made under section 7(7) of this Act in respect of a child or young person found guilty as there mentioned; and

• (b) any supervision order made in respect of a person under section 21(2) of this Act by a court on discharging a care order made in respect of him under the said section 7(7).

• (2) Subsection (1) of this section does not apply to any supervision order which by virtue of section 12(2) above requires the supervised person to comply with directions given by the supervisor.

• (3) Subject to the following provisions of this section and to section 19(13) of this Act, a supervision order to which subsection (1) of this section applies may require a supervised person—

• (a) to do anything that by virtue of section 12(2) of this Act a supervisor has power, or would but for section 19(12) of this Act have power, to direct a supervised person to do;

• (b) to remain for specified periods between 6 p.m. and 6 a.m.—

• (i) at a place specified in the order; or

• (ii) at one of several places so specified;

• (c) to refrain from participating in activities specified in the order—

• (i) on a specified day or days during the period for which the supervision order is in force; or

• (ii) during the whole of that period or a specified portion of it.

• (4) Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised.

• (5) The total number of days in respect of which a supervised person may be subject to requirements imposed by virtue of subsection (3)(a) or (b) above shall not exceed 90.

• (6) The court may not include requirements under subsection (3) above in a supervision order unless—

• (a) it has first consulted the supervisor as to-

• (i) the offender’s circumstances; and

• (ii) the feasibility of securing compliance with the requirements,

and is satisfied, having regard to the supervisor’s report, that it is feasible to secure compliance with them;

• (b) having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences; and

• (c) the supervised person or, if he is a child, his parent or guardian, consents to their inclusion.

• (7) The court shall not include in such an order by virtue of subsection (3) above—

• (a) any requirement that would involve the co-operation of a person other than the supervisor and the supervised person unless that other person consents to its inclusion; or

• (b) any requirement requiring the supervised person to reside with a specified individual; or

• (c) any such requirement as is mentioned in section 12B(1) of this Act.

• (8) The place, or one of the places, specified in a requirement under subsection (3)(b) above (“a night restriction") shall be the place where the supervised person lives.

• (9) A night restriction shall not require the supervised person to remain at a place for longer than 10 hours on any one night.

• (10) A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.

• (11) A night restriction shall not be imposed in respect of more than 30 days in all.

• (12) A supervised person who is required by a night restriction to remain at a place may leave it if he is accompanied—

• (a) by his parent or guardian;

• (b) by his supervisor; or

• (c) by some other person specified in the supervision order.

• (13) A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.

Requirements as to mental treatment

12B

• (1) Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—

• (a) treatment by or under the direction of a fully registered medical practitioner specified in the order;

• (b) treatment as a non-resident patient at a place specified in the order; or

• (c) treatment as a resident patient in a hospital or mental nursing home within the meaning of the said Act of 1983, but not a special hospital within the meaning of that Act.

• (2) A requirement shall not be included in a supervision order in pursuance of subsection (1) above—

• (a) in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;

• (b) in the case of an order made or to be made in respect of a person who has attained the age of 14, unless he consents to its inclusion;

and a requirement so included shall not in any case continue in force after the supervised person becomes 18.

Requirements as to education

12C

• (1) Subject to subsection (3) below, a supervision order to which section 12A(1) of this Act applies may require a supervised person, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority.

• (2) The court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.

• (3) Expressions used in subsection (1) above and in the Education Act 1944 have the same meaning there as in that Act.

• (4) The court may not include a requirement under subsection (1) above unless it has first consulted the supervisor as to the offender’s circumstances and, having regard to the circumstances of the case, it considers the requirement necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences.

Duty of court to state in certain cases that requirement in place of custodial sentence

12D

• (1) Where—

• (a) in pursuance of section 12A(3)(a) of this Act a court includes a requirement in a supervision order directing the supervised person to participate in specified activities; and

• (b) it would have imposed a custodial sentence if it had not made a supervision order including such a requirement,

it shall state in open court—

• (i) that it is making the order instead of a custodial sentence;

• (ii) that it is satisfied that—

• (a) the offender has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to any non-custodial penalty other than a supervision order including such a requirement; or

• (b) only a supervision order including such a requirement or a custodial sentence would be adequate to protect the public from serious harm from him; or

• (c) the offence for which he has been convicted or found guilty was so serious that a non-custodial sentence for it other than a supervision order including such a requirement could not be justified; and

• (iii) why it is so satisfied.

• (2) Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.

• (3) Where a magistrates’ court makes such a statement, it shall certify in the supervision order that it has made such a statement and shall cause the statement to be entered in the register.

Part II — Amendments Consequential on Substitution of Sections Set Out in Part 1 for Section 12

The amendments of the Children and Young Persons Act 1969 mentioned in section 128(2) above are—

Part III

1

2

3

Part IV — Section Inserted After Section 16

SCHEDULE 11

Amendments of Schedule 3 to Powers of Criminal Courts Act 1973

1

Schedule 3 to the Powers of Criminal Courts Act 1973 shall be amended as follows.

2

In paragraph 4—

• (a) in sub-paragraph (1), for the word “For" there shall be substituted the words “Subject to sub-paragraph (1A) below, for";

• (b) the following sub-paragraph shall be inserted after that sub-paragraph—

(1A) Where two or more petty sessions areas outside the inner London area form a probation area or part of a probation area, the probation committee, if they think fit, may determine that there shall be one or more joint probation liaison committees for those petty sessions areas; and a joint committee shall consist of not less than three justices appointed by the justices acting for each of the petty sessions areas.

; and

• (c) the following sub-paragraph shall be inserted after sub-paragraph (3)—

(4) A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.

.

3

The following paragraphs shall be inserted after paragraph 6—

(6A) Any probation committee may also co-opt one or more justices with experience of sitting as members of the Crown Court, and one or more stipendiary magistrates appointed in a commission area which is the same as or is situated within the probation area. (6B) (1) The Secretary of State may by order provide that the probation committee for any probation area shall co-opt members of the local authority, or any of the local authorities, liable under paragraph 15 below to defray the expenses of the committee. (2) An order under this paragraph may make such consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient in consequence of the order, including provision for such repeals in or modifications of this Schedule as appear to him to be necessary or expedient in consequence of it. (3) Without prejudice to the generality of sub-paragraph (2) above, an order under this paragraph— (a) may specify, either as a number or as a proportion of the members of the committee, how many persons may be co-opted to a committee and, where two or more authorities are liable to pay the expenses of a committee, how many persons may be co-opted from each of them; (b) may provide for the procedure for co-opting persons to be followed by a committee; (c) may require that such consultations as may be specified in the order shall be carried out before persons are so co-opted; and (d) may disqualify persons of specified descriptions from being co-opted. (4) An order under this paragraph may make different provision for different committees.

.

4

Paragraph 7 shall cease to have effect.

5

The following paragraph shall be substituted for paragraph 10(3)(a)—

(a) to appoint staff;

.

6

The following paragraph shall be inserted after paragraph 18(1)(a)—

(aa) limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;

.

Amendment of Local Government Finance Act 1982

8

In paragraph (l) of section 12(2) of the Local Government Finance Act 1982 (bodies whose accounts are subject to audit by Audit Commission), after the word “committee" there shall be inserted the words “, except the committee for the inner London area.".

SCHEDULE 12

1

A person may only be appointed to be an assessor for the purposes of section 133 above if he is—

• (a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

• (b) an advocate or solicitor in Scotland;

• (c) a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing;or

• (d) a person who holds or has held judicial office in any part of the United Kingdom; or

• (e) a member (whether the chairman or not) of the Criminal Injuries Compensation Board.

2

A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.

3

A person shall vacate office as an assessor—

• (a) if he ceases to be qualified for appointment as an assessor; or

• (b) on attaining the age of 72;

unless the Secretary of State considers that it is in the interests of the efficient operation of section 133 above that he should continue to hold office.

4

A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.

5

Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—

• (a) he has been convicted of a criminal offence;

• (b) he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors;

• (ba) a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him;

• (bb) he has become the subject of a bankruptcy restrictions order under Schedule 2A to the Insolvency (Northern Ireland) Order 1989

• (bc) debt relief order (under Part 7A of the Insolvency (Northern Ireland) Order 1989) has been made in respect of him;

• (bd) he has become the subject of a debt relief restrictions order (under Part 7A of the Insolvency (Northern Ireland) Order 1989);

• (c) he is incapacitated by physical or mental illness; or

• (d) he is otherwise unable or unfit to perform his duties.

6

• (1) The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.

• (2) In the case of a person who qualifies for appointment under—

• (a) paragraph (1)(a), or

• (b) paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

• (3) In the case of a person who qualifies for appointment under—

• (a) paragraph (1)(b), or

• (b) paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

• (4) In the case of a person who qualifies for appointment under—

• (a) paragraph (1)(c), or

• (b) paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the ... Lord Chief Justice of Northern Ireland.

7

An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.

SCHEDULE 13

Interpretation

1

In this Schedule—

• “procedural instruments” means—

• (a) Court Martial rules within the meaning of the Armed Forces Act 2006;

• (b) SCC rules within the meaning of that Act; and

• (c) rules under section 49 of the Court Martial Appeals Act 1968;

• “Service courts” means—

• (a) the Court Martial;

• (b) the Service Civilian Court; and

• (c) the Court Martial Appeal Court.

First-hand hearsay

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Documentary evidence

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Letters of request etc.

6

• (1) No application shall be made under section 7 of the Crime (International Co-operation) Act 2003 ... in relation to any offence which is or is to be the subject of proceedings before a Service court, but the Secretary of State may by order make provision as to requests for assistance in obtaining outside the United Kingdom evidence for such proceedings.

• (2) An order under this paragraph may make different provision for different classes of case.

• (3) The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to requests for assistance in obtaining evidence for proceedings before a Service court.

Form of evidence and glossaries

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of television links

8

• (1) The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—

• (a) to proceedings before Service courts; or

• (b) to proceedings or proceedings of specified descriptions before Service courts in specified places.

• (2) If an order is made under this paragraph—

• (a) subsection (1) of section 32 above shall have effect in relation to any court to which the order applies with the substitution of the following paragraph for paragraph (a)—

(a) the witness is not in the country where the court is sitting; or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) An order under this paragraph may provide that section 32(1), . . . or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides.

• (4) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

• (6) In this paragraph “modifications” includes additions, omissions and amendments.

SCHEDULE 14

Scope of Schedule

1

This Schedule applies—

• (a) to an offence (whether at common law or under any enactment) specified in paragraph 2 below;

• (b) to an offence specified in paragraph 3 below;

• (c) to an offence not mentioned in either of those paragraphs—

• (i) for which a person of 21 years of age or over and of full capacity (not previously convicted) may be sentenced to imprisonment for a term of five years; and

• (ii) which is serious for the purposes of this Schedule.

2

The offences mentioned in paragraph 1(a) above are—

• (a) treason;

• (b) murder;

• (c) manslaughter;

• (d) rape;

• (e) kidnapping;

• (f) incest with a girl under the age of 14;

• (g) buggery with—

• (i) a boy under the age of 16; or

• (ii) a person who has not consented; and

• (h) indecent assault which constitutes an act of gross indecency.

3

The offences mentioned in paragraph 1(b) above are—

• (a) causing an explosion likely to endanger life or property contrary to section 2 of the Explosives Substances Act 1883;

• (b) intercourse with a girl under the age of 14 contrary to section 4 of the Criminal Law Amendment Act 1885;

• (c) causing death by reckless driving contrary to Article 139(1) of the Road Traffic (Northern Ireland) Order 1981;

• (d) the following offences against the Firearms (Northern Ireland) Order 1981—

• (i) possession of firearm with intent to injure contrary to Article 17;

• (ii) use of firearm or imitation firearm to resist arrest contrary to Article 18(1); and

• (iii) carrying firearm with criminal intent contrary to Article 19;

• (e) hostage-taking contrary to section 1 of the Taking of Hostages Act 1982;

• (f) hi-jacking contrary to section 1 of the Aviation Security Act 1982; and

• (g) torture contrary to section 134 above.

4

• (1) Subject to sub-paragraph (2) below, an offence not mentioned in paragraph 2 or 3 above is serious for the purposes of this Schedule only if its commission—

• (a) has led to any of the consequences mentioned in sub-paragraph (3) below; or

• (b) is intended or is likely to lead to any of those consequences.

• (2) An offence which consists of making a threat is serious for the purposes of this Schedule if carrying out the threat would be likely to lead to any of the consequences specified in sub-paragraph (3) below.

• (3) The consequences mentioned in sub-paragraphs (1) and (2) above are—

• (a) serious harm to the security of the State or to public order;

• (b) serious interference with the administration of justice or with the investigation of offences or of a particular offence;

• (c) the death of any person;

• (d) serious injury to any person;

• (e) substantial financial gain to any person; and

• (f) serious financial loss to any person.

• (4) Loss is serious for the purposes of this Schedule if, having regard to all the circumstances, it is serious for the person who suffers it.

• (5) In this paragraph “injury” includes any disease and any impairment of a person’s physical or mental condition.

5

A person arrested under section 12(1)(b) of the Prevention of Terrorism (Temporary Provisions) Act 1984 is to be treated for the purposes of this Schedule as having been arrested on suspicion of involvement in an offence to which this Schedule applies and any reference in the following provisions of this Schedule to such an offence includes a reference to being or having been concerned in the commission, preparation or instigation of acts of terrorism to which Part IV of that Act applies.

Interpretation

6

• (1) In this Schedule—

• “appropriate consent” means— in relation to a person who has attained the age of 17 years, the consent of that person; in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

• “intimate sample” means a sample of blood, semen or any other tissue fluid, urine or pubic hair, or a swab taken from any of a person’s body orifices except his mouth;

• “non-intimate sample” means— a sample of hair other than pubic hair; a sample taken from a nail or from under a nail; a sample of saliva; a swab taken from a person’s mouth; a swab taken from any other part of a person’s body except a body orifice other than his mouth; a footprint or a similar impression of any part of a person’s body other than a part of his hand;

• “parent or guardian” means in the case of a child or young person in the care of the Department of Health and Social Services for Northern Ireland or a Health and Social Services Board, that Department or Board; and

• “the terrorism provisions” means— section 12(1) of the Prevention of Terrorism (Temporary Provisions) Act 1984; and any provision conferring a power of arrest or detention and contained in an order under section 13 of that Act.

• (2) A person is in police detention for the purposes of this Schedule if—

• (a) he has been taken to a police station after being arrested for an offence; or

• (b) he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,

and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.

Intimate samples

7

• (1) An intimate sample may be taken from a person in police detention only—

• (a) if a police officer of at least the rank of superintendent authorises it to be taken; and

• (b) if the appropriate consent is given.

• (2) An officer may only give an authorisation if he has reasonable grounds—

• (a) for suspecting the involvement of the person from whom the sample is to be taken in an offence to which this Schedule applies; and

• (b) for believing that the sample will tend to confirm or disprove his involvement.

• (3) An officer may give an authorisation under sub-paragraph (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

• (4) The appropriate consent must be given in writing.

• (5) Where—

• (a) an authorisation has been given; and

• (b) it is proposed that an intimate sample shall be taken in pursuance of the authorisation,

an officer shall inform the person from whom the sample is to be taken—

• (i) of the giving of the authorisation; and

• (ii) of the grounds for giving it.

• (6) The duty imposed by sub-paragraph (5)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

• (7) If an intimate sample is taken from a person—

• (a) the authorisation by virtue of which it was taken;

• (b) the grounds for giving the authorisation; and

• (c) the fact that the appropriate consent was given,

shall be recorded in writing as soon as is practicable after the sample is taken.

• (8) An intimate sample, other than a sample of urine, may only be taken from a person by a registered medical practitioner.

• (9) Where the appropriate consent to the taking of an intimate sample from a person was refused without good cause, in any proceedings against that person for an offence—

• (a) the court, in determining—

• (i) whether to commit that person for trial; or

• (ii) whether there is a case to answer; and

• (b) the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper; and the refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence against the person in relation to which the refusal is material.

• (10) Nothing in this paragraph affects Articles 141 to 152 of the Road Traffic (Northern Ireland) Order 1981.

Other Samples

8

• (1) Except as provided by this paragraph, a non-intimate sample may not be taken from a person without the appropriate consent.

• (2) Consent to the taking of a non-intimate sample must be given in writing.

• (3) A non-intimate sample may be taken from a person without the appropriate consent if—

• (a) he is in police detention or is being held in custody by the police on the authority of a court; and

• (b) an officer of at least the rank of superintendent authorises it to be taken without the appropriate consent.

• (4) An officer may only give an authorisation under sub-paragraph (3) above if he has reasonable grounds—

• (a) for suspecting the involvement of the person from whom the sample is to be taken in an offence to which this Schedule applies; and

• (b) for believing that the sample will tend to confirm or disprove his involvement.

• (5) An officer may give an authorisation under sub-paragraph (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

• (6) Where—

• (a) an authorisation has been given; and

• (b) it is proposed that a non-intimate sample shall be taken in pursuance of the authorisation,

an officer shall inform the person from whom the sample is to be taken—

• (i) of the giving of the authorisation; and

• (ii) of the grounds for giving it.

• (7) The duty imposed by sub-paragraph (6)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

• (8) If a non-intimate sample is taken from a person by virtue of sub-paragraph (3) above—

• (a) the authorisation by virtue of which it was taken; and

• (b) the grounds for giving the authorisation,

shall be recorded in writing as soon as is practicable after the sample is taken.

Destruction of samples

9

• (1) If—

• (a) a sample is taken from a person in connection with the investigation of an offence; and

• (b) he is cleared of that offence,

it must be destroyed as soon as is practicable after the conclusion of the proceedings.

• (2) If—

• (a) a sample is taken from a person in connection with such an investigation; and

• (b) it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable,

it must be destroyed as soon as is practicable after that decision is taken.

• (3) If—

• (a) a sample is taken from a person in connection with the investigation of an offence; and

• (b) that person is not suspected of having committed the offence,

it must be destroyed as soon as it has fulfilled the purpose for which it was taken.

• (4) Proceedings which are discontinued are to be treated as concluded for the purpose of this paragraph.

• (5) Nothing in this paragraph—

• (a) affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or

• (b) applies to a person arrested or detained under the terrorism provisions.

SCHEDULE 15

Criminal Law Act 1826 (c. 64)

1

Section 30 of the Criminal Law Act 1826 (which enables a court to order payment of compensation to relatives of a man killed in endeavouring to make an arrest) shall cease to have effect.

Offences against the Person Act 1861 (c. 100)

2

The Offences against the Person Act 1861 shall be amended as follows.

3

There shall be omitted from section 44 (certificates as to cases of assault or battery) the word “such", in the first place where it occurs, and the words “under either of the last two preceding sections,".

4

In section 45 (bars to further proceedings) for the words “in either of the last three preceding sections mentioned" there shall be substituted the words “is mentioned in section 44 of this Act".

Bankruptcy Act 1914 (c. 59)

5

Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.

Land Registration Act 1925 (c. 21)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1933 (c. 12)

8

In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply) after the third paragraph there shall be inserted the following paragraph—

Common assault, or battery.

.

9

References in that Act to the offences mentioned in Schedule 1 to the Act shall include offences under Part I of the Child Abduction Act 1984.

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

10

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Prison Act 1952 (c. 52)

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The following paragraph shall be inserted after paragraph (a) of subsection (1) of section 43 of the Prison Act 1952—

(aa) young offender institutions, that is to say places for the detention of offenders sentenced to detention in a young offender institution;

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In subsection (3) of that section, for the word “or" there shall be substituted the words “and a person aged 17 years or over may be detained in such a centre".

Visiting Forces Act 1952 (c. 67)

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In section 5 of the Visiting Forces Act l952 (custody of offenders against United Kingdom law)—

• (a) for each of the references in subsections (2) and (4) to section 43 of the Magistrates’ Courts Act l980 there shall be substituted references to Part IV of the Police and Criminal Evidence Act l984; and

• (b) the following subsection shall be substituted for subsection (3)—

(3) In the application of subsection (2) of this section to Scotland,— (a) for the first reference to Part IV of the Police and Criminal Evidence Act 1984 there shall be substituted a reference to section 32(3) of the Criminal Procedure (Scotland) Act 1975; and (b) for the words “in accordance with the said Part IV, be released on bail or" there shall be substituted the words “if not liberated under section 294(2) of that Act, be".

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• (1) In subsection (1) of section 12 of that Act, in the definition of “visiting force", after the words “United Kingdom", in the first place where they occur, there shall be inserted the words “(including United Kingdom territorial waters), or in any place to which subsection (1A) below applies,".

• (2) The following subsection shall be inserted after that subsection—

(1A) This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 or any waters within 500 metres of such an installation.

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—In paragraphs 1(a) and 2(a) of the Schedule, after the word “rape," there shall be inserted the word “ , torture".

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

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In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (powers as to costs and legal aid) for the words from “section 1" to “central funds)" there shall be substituted the words “sections 16(1) and 17(1) of the Prosecution of Offences Act 1985".

Criminal Justice Act 1967 (c. 80)

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The Criminal Justice Act 1967 shall be amended as follows.

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In section 62—

• (a) in subsection (10) (subsequent release of prisoner whose licence has been revoked) for the words “one year" there shall be substituted the words “the specified period"; and

• (b) the following subsection shall be inserted after that subsection—