Legalize / United Kingdom / Public General Act

Criminal Justice and Court Services Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

[^key-b33e49c723678dbe2b2df074fe816e5e]: Words in s. 71(2) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 105(3)(a); S.I. 2013/1682, art. 3(v)

[^key-ffd38070e1943b2dec93d6a5fca1efcc]: Words in s. 71(2)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 105(3)(c); S.I. 2013/1682, art. 3(v)

[^key-b5b836b933fb1a3aaeaea92476021f4d]: Sch. 7 para. 49 repealed (E.W.) (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)

[^key-1408976beb15703ce3ecb29849827698]: Words in s. 36(6)(fa) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 9(2)

[^key-bb6b820210f01a5ca124158a5832de31]: Sch. 1A para. 6(1A) inserted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 46(5)(a); S.I. 2014/900, art. 2(l)(iv)

[^key-4735992639a01157ff92d7fd712c180e]: Sch. 1A para. 6(2) substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 46(5)(b); S.I. 2014/900, art. 2(l)(iv)

[^key-c8ae3f8dcdef81925626a04f541244e4]: S. 64A inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 12(1), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(k)

[^key-580395f2ce82844f5b0c495d481ba02d]: S. 64(1A) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 11(2)(c), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(j)

[^key-7cf25b8d3ec4ba3bb5472e6954ea8236]: S. 64 amendment to earlier affecting provision 1997 c. 43 Sch. 1 para. 8(2)(4)(7) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(2)(b), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)

[^key-4bfb4f0d56e98d2d0075a99eda8c8951]: S. 64(1)(c) and word immediately preceding it inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 11(2)(b), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(j)

[^key-a6aec5107fee328baa603118167b77f1]: Words in s. 64(1)(a) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 11(2)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(j)

[^key-2af2058e8b1caf7d0446b16ee16bc814]: Words in s. 64(3) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 11(2)(e), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(j)

[^key-13de73ee7bb3e79663c40e4f07816bed]: Words in s. 64(2) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 11(2)(d), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(j)

[^key-940691a7660223c14ac712994ade40a3]: Word in s. 64(4) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 13 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u)

[^key-1225e56f55ac49dc28d3f7359cd3c959]: Words in s. 70(1) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 11(3)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(j)

[^key-226775337d6d2cd524947c4f6b87627d]: Words in s. 70(1) inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 11(3)(b), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(j)

[^key-f6cdedfbcdbafbb0dcd05fd7099adf7e]: S. 64 applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(aa)(4)(aa)(5A) (as amended) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(3)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)

[^key-725914618a1eaa0ef3fde817025d74dc]: S. 64A applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(aa)(4)(aa)(7) (as amended) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(2)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)

[^key-d98fe2b6aef61bf08b88c98bbe47eb95]: S. 64A applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(aa)(4)(aa)(5A) (as amended) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(3)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)

[^key-b0aa67bc5871b74ce4df86b05f209653]: Sch. 1A para. 2(2)(h) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 46(2); S.I. 2015/841, art. 3(x)

[^key-0d3d64bab552e34347880ebbef382826]: Sch. 1A para. 3(2)(e) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 46(3); S.I. 2015/841, art. 3(x)

[^key-92d390bb9f5e05c9b1931e1a599222a5]: Sch. 1A para. 4(h) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 46(4); S.I. 2015/841, art. 3(x)

[^key-fc681856ee34a147b85ff24fc45a30a4]: Words in s. 62 heading substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 2(3) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73

[^key-ddf1dcc598ea15a2767fdd03fa5defbf]: S. 62(3) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 2 para. 2(2) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 73

[^M_C_409875bd-3bd0-46af-bf7c-b64ce1a42555]: S. 64 applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(aa)(4)(aa)(7) (as amended) (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 13(2)(a), 22(1) (with Sch. 7 para. 6); S.I. 2015/40, art. 2(l)

[^M_F_0af6c191-a68e-4ebe-fd23-e9202b1b7b68]: S. 62(2)-(2B) substituted for s. 62(2) (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 7(2)(a), 95(1) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 7

[^M_F_94b58c93-4496-4a64-8681-b5de1179dcd5]: S. 62(5A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 7(2)(b), 95(1) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 7

[^M_F_62f9c0db-f7f0-4627-8526-efc0bb63a785]: Ss. 62A , 62B inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 7(3), 95(1) (with s. 7(5)); S.I. 2015/778, art. 3, Sch. 1 para. 7

[^key-0b6c6d34edef1410bb9a730ec41b1973]: Sch. 8 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[^key-b076f3a899e36e1354f6da1981c3fd97]: S. 60 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-d879c4ada08f9e1e1bd064913f8db230]: S. 61(7) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-f4ef3d7df6bcecdd55915acf3b953815]: Words in s. 62(5)(f) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(d) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-d7a3737232328c378da922e26583a91e]: Words in s. 62(5)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(a) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-bd5075290e377bdb388e3d4165e5930e]: Words in s. 62(5)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(b) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-31427d10763a7b76b66ef87091f7e9ea]: Words in s. 62(5)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 173(c) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-031e1d52465b9f6220a2487ee59cbb80]: Words in s. 62A(4)(b) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 174 (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-95e0d8bade2af13b2de8ecffb3f4f6c3]: Words in s. 64(5)(e) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 175(c) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-09e77012418585dcc3a149c44ca68bb0]: Words in s. 64(5)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 175(a) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-09e5347c8a4b7389262fbed6ddfd5db2]: Words in s. 64(5)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 175(b) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-3d4e27ad7ab576fd88daa3a9ac504fd0]: Words in s. 64A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 176(a) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-0eec7ecc71b8a656f733da15bb50ef26]: Words in s. 64A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 176(b) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-1e9ed380bd2139a8367c270f9df8746c]: Words in s. 64A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 176(c) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-6a8429c885b4d029c19da039381a771d]: Words in s. 64A(8) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 176(d) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-f15e9a7bde010e1d50f2210ac3eb9a7e]: Sch. 7 para. 4(2) entry omitted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by virtue of Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 120(a); S.I. 2012/1236, reg. 2

[^key-ed755fae64dac3fac88d22f53163c2e2]: Sch. 7 para. 4(2) entry omitted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by virtue of Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 120(b); S.I. 2012/1236, reg. 2

[^key-b7d53c75c0cffc5845eb0042f9d3d952]: Sch. 7 para. 4(2) entry omitted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by virtue of Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 120(c); S.I. 2012/1236, reg. 2

[^key-6abe79da21a2b222ff108c3c13c01d58]: Sch. 7 para. 190 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-8e5861074e5b7774e48519a418239a44]: Sch. 7 para. 191 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-e48e0f866266e3abc52a98e6a3a56f83]: Sch. 7 para. 203(5) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-e2693836086e5922ed2910b803149889]: Sch. 7 paras. 176-178 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-171b7b7f3c2d34610d483129ca603285]: Sch. 7 paras. 180-182 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-2d71776d853e9743a974f51998a8e9a9]: Sch. 7 paras. 184-187 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-24ee8aaea4485e0339132380b60e840a]: Sch. 8 entry repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-05c174bfda70dceba091953d804a375e]: Words in s. 62(5)(d) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 18(2)

[^key-d5786b919c97b545af58089980737819]: Words in s. 62A(4)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 18(3)

[^key-85569dd7f03ae6def865c2266a0c0f01]: Words in s. 64(5)(d) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 18(4)

[^key-e93a6dee1abd714263806a896334850e]: Words in s. 64A(8) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 18(5)

[^key-e41bd72079fc8274c53f64ba616227fb]: S. 77(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 48(7)(a), 50(1)(h)

[^key-5dcec9d396a897f27910f347842ec294]: Words in s. 78(2) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 48(7)(b), 50(1)(h)

[^M_F_3e227ab1-b0c6-4b5e-c6cd-96703f0c8d0b]: Ss. 26-38 repealed (E.W.) (12.10.2009 for specified purposes, 30.3.2010 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 3; S.I. 2010/1101, art. 5

[^key-1dfbb27a276127d4d4113f7e2928b232]: S. 36(8A) inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 188(4); S.R. 2022/102, art. 2(b)

[^key-bdc94c1a830fb2e6854e56c760151442]: S. 36(8)(a) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 188(2); S.R. 2022/102, art. 2(b)

[^key-bca758dbd96a9823a29c66c1145a6255]: Words in s. 36(8)(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 188(3); S.R. 2022/102, art. 2(b)

[^key-f852210b92d0200a1aa58cda291e26d6]: Word in Sch. 1A para. 2(2)(i) omitted (29.1.2025) by virtue of Victims and Prisoners Act 2024 (c. 21), ss. 26(2), 81(2) (with s. 32); S.I. 2025/95, reg. 2(h)

[^key-90f642993b4e69578b960c1df9231808]: Sch. 1A para. 2(2)(ia) inserted (29.1.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 26(2), 81(2) (with s. 32); S.I. 2025/95, reg. 2(h)

[^key-e56572d75fd1f738753099c865baa7ed]: Sch. 1A para. 5(7)(8) inserted (E.W.) (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 26(3), 81(2) (with s. 32); S.I. 2025/1325, reg. 2(d)

[^key-f575c3c24051fda4e72036409e109bfa]: Word in s. 62(5)(g) omitted (22.1.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 28(2)(a), 49(3)(a) (with s. 28(6))

[^key-93be6622e73384c4007370d49cd55986]: S. 62(5)(ga) inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(2)(a), 49(3)(a) (with s. 28(6))

[^key-36d84fd3aaffb03e69b8d50e19329991]: Words in s. 62(5)(h) substituted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(2)(b), 49(3)(a) (with s. 28(6))

[^key-3e3fcbdda67c881162e8cfe2c56371a4]: S. 62(5)(i) and word inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(2)(c), 49(3)(a) (with s. 28(6))

[^key-eef28ab168f068cdac556f9e0132e9fc]: Word in s. 62A(4)(c) omitted (22.1.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 28(3)(a), 49(3)(a) (with s. 28(6))

[^key-8ed9101e3878bceddef9ae9fb1aba930]: S. 62A(4)(ca) inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(3)(a), 49(3)(a) (with s. 28(6))

[^key-961872ad54c67422a09035b0c8d5a904]: Words in s. 62A(4)(d) substituted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(3)(b), 49(3)(a) (with s. 28(6))

[^key-2ce0516e21ab698d351f4d63632c8acd]: S. 62A(4)(e) and word inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(3)(c), 49(3)(a) (with s. 28(6))

[^key-4d886bf6b0f70d3da35031daeb26c6c3]: Word in s. 64(5)(g) omitted (22.1.2026) by virtue of Sentencing Act 2026 (c. 2), ss. 28(4)(a), 49(3)(a) (with s. 28(6))

[^key-d870d865d4317c412892f17ee47ff4c9]: S. 64(5)(ga) inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(4)(a), 49(3)(a) (with s. 28(6))

[^key-d3a75fd1c6befa5f2dda144b8b882d19]: Words in s. 64(5)(h) substituted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(4)(b), 49(3)(a) (with s. 28(6))

[^key-16fd1cf601866fafe2a0f9fab8fd184e]: S. 64(5)(i) and word inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(4)(c), 49(3)(a) (with s. 28(6))

[^key-6b19c79793ed63a0353f999f9406afac]: Words in s. 64A(8) inserted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(5)(a), 49(3)(a) (with s. 28(6))

[^key-8ee16a19c5a16269ff0e20276d4ed596]: Words in s. 64A(8) substituted (22.1.2026) by Sentencing Act 2026 (c. 2), ss. 28(5)(b), 49(3)(a) (with s. 28(6))

[^key-47e5f123a2a2e7ba309948e6670c11c9]: Words in Sch. 8 Table omitted (18.2.2026) by virtue of Mental Health Act 2025 (c. 33), ss. 38(2), 56(1)

Disqualification in Scotland or Northern Ireland.

Indecent photographs of children: increase of maximum penalties.

Community service orders renamed community punishment orders.

Combination orders renamed community punishment and rehabilitation orders.

Right to bail: relevance of drug misuse.

Abolition of sentences of detention in a young offender institution, custody for life, etc.

Parenting orders: responsible officer.

In section 117(3)(a), “and a remand centre”.

29A

(1) This section applies where—

(a) an individual is convicted of an offence against a child (whether or not committed when he was aged 18 or over),

(b) the individual is sentenced by a superior court, and

(2) If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it may order the individual to be disqualified from working with children.

(3) If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.

29B

(1) Where—

(a) section 28 applies but the court has neither made an order under that section nor complied with subsection (6) of that section, or

(b) section 29 applies but the court has not made an order under that section, and it appears to the prosecutor that the court has not considered the making of an order under that section,

the prosecutor may at any time apply to that court for an order under section 28 or 29.

(2) Subject to subsection (3), on an application under subsection (1)—

(a) in a case falling within subsection (1)(a), the court—

(i) must make an order under section 28 unless it is satisfied as mentioned in subsection (5) of that section, and

(ii) if it does not make an order under that section, must comply with subsection (6) of that section,

(b) in a case falling within subsection (1)(b), the court—

(i) must make an order under section 29 if it is satisfied as mentioned in subsection (4) of that section, and

(ii) if it does so, must comply with subsection (5) of that section.

(3) Subsection (2) does not enable or require an order under section 28 or 29 to be made where the court is satisfied that it had considered the making of an order under that section at the time when it imposed the qualifying sentence or made the relevant order.

Indecent photographs of children: increase of maximum penalties.

Probation orders renamed community rehabilitation orders.

Parenting orders: responsible officer.

Release on licence etc: conditions as to monitoring.

In section 117(3)(a), “and a remand centre”.

3

Offences under the following provisions of the Fraud Act 2006 are trigger offences—

section 1 (fraud)

section 6 (possession etc. of articles for use in frauds)

section 7 (making or supplying articles for use in frauds).

4

Offences under the following provisions of the Vagrancy Act 1824 are trigger offences:

section 3 (begging)

section 4 (persistent begging).

In section 117(3)(a), “and a remand centre”.

Restoration of disqualification order.

Interpretation of Part II.

Combination orders renamed community punishment and rehabilitation orders.

Abolition of sentences of detention in a young offender institution, custody for life, etc.

In section 117(3)(a), “and a remand centre”.

3A

An offence under section 1(1) of the Criminal Attempts Act 1981 is a trigger offence, if committed in respect of an offence under—

(a) any of the followingprovisions of the Theft Act 1968:

section 1 (theft)

section 8 (robbery)

section 9 (burglary)

section 22 (handling stolen goods), or

(b) section 1 of the Fraud Act 2006 (fraud).

SCHEDULE 1A

Delegation of functions

1

(1) A member of the inspectorate may delegate any of his functions (to such extent as he may determine) to another public authority.

(2) If a member of the inspectorate delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 7 and this Schedule as carried out by that member.

(3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature.

Inspection programmes and inspection frameworks

2

(1) The chief inspector shall from time to time, or at such times as the Secretary of State may specify by order, prepare—

(a) a document setting out what inspections he proposes to carry out (an “inspection programme”);

(b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”).

(2) Before preparing an inspection programme or an inspection framework the chief inspector shall consult the Secretary of State and (subject to sub-paragraph (3))—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of Constabulary,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Care Quality Commission,

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Auditor General for Wales, ...

(ia) the Commissioner for Victims and Witnesses, and

(j) any other person or body specified by an order made by the Secretary of State,

and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared.

(3) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.

(4) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take.

(5) Nothing in any inspection programme or inspection framework is to be read as preventing the inspectorate from making visits without notice.

Inspections by other inspectors of organisations within inspectorate's remit

3

(1) If—

(a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b) the chief inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

the chief inspector shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

(2) The persons or bodies within this sub-paragraph are—

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of Education, Children's Services and Skills;

(d) the Care Quality Commission;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may by order amend sub-paragraph (2).

(4) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State.

(5) A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectorate under section 7.

(6) A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

(7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (9).

(9) The Secretary of State, if satisfied that the proposed inspection—

(a) would not impose an unreasonable burden on the organisation in question, or

(b) would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—

(a) provision about the form of notices;

(b) provision prescribing the period within which notices are to be given;

(d) provision for revising or withdrawing notices;

(e) provision for setting aside notices not validly given.

Co-operation

4

The inspectorate shall co-operate with—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Inspectors of Constabulary,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Care Quality Commission,

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Auditor General for Wales, and

(j) any other public authority specified by an order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectorate.

Joint action

5

(1) The inspectorate may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of the inspectorate's functions.

(2) The chief inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out—

(a) what inspections the inspectorate proposes to carry out in the exercise of the power conferred by sub-paragraph (1), and

(b) what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

(3) The chief inspectors within this sub-paragraph are—

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of Constabulary;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.

(5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

(6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.

(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims.

(8) In sub-paragraph (7)—

“specified” means specified in the direction;

“victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.

Assistance for other public authorities

6

(1) The chief inspector may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.

(1A) The chief inspector may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).

(2) Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector thinks fit.

5A

(1) A local probation board may, in pursuance of arrangements made with the Secretary of State, carry out activities anywhere in the world in relation to persons who are or have been subject to proceedings before the Court Martial, the Summary Appeal Court or the Service Civilian Court.

(2) Any activities carried out in relation to such persons must correspond to activities which the board is required or authorised to carry out in relation to persons who have been charged with or convicted of criminal offences.

Meaning of “regulated position”.

Restoration of disqualification order.

In section 117(3)(a), “and a remand centre”.

Indecent photographs of children: increase of maximum penalties.

Community service orders renamed community punishment orders.

Exclusion orders.

Amendments.

In section 117(3)(a), “and a remand centre”.

Interpretation of Part II.

Combination orders renamed community punishment and rehabilitation orders.

Release on licence etc: conditions as to monitoring.

In section 117(3)(a), “and a remand centre”.

Joint inspection of courts

7

(1) The inspectorate may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition.

(2) Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.

(3) The power of the inspectorate under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.

62A

(1) The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.

(2) An order under this section may—

(a) require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;

(b) make provision generally or in relation to a case described in the order.

(3) An order under this section may, in particular—

(a) make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;

(b) make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;

(4) An order under this section may not make provision about a case in which the sentence imposed on the person is—

(a) a detention and training order,

(b) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 250 or 252A of the Sentencing Code (detention of offenders under 18 convicted of certain offences),

(c) a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences), ...

(ca) a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain offences),

(d) an order under section 211 of the Armed Forces Act 2006 , or

(e) a custodial order under—

(i) section 71AA of the Army Act 1955 or the Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, or

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

(5) In this section, “electronic monitoring condition” has the same meaning as in section 62.

62B

(1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62.

(2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

64A

(1) This section applies where—

(a) the Secretary of State releases a person serving a sentence of imprisonment (“the offender”) who is aged 18 or over,

(b) the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed),

(c) an officer of a provider of probation services has recommended to the Secretary of State that a condition authorised by this section be imposed on the offender, and

(d) the Secretary of State is satisfied of the matters in subsection (2).

(2) Those matters are—

(a) that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,

(b) that the offender is dependent on, or has a propensity to misuse, a controlled drug,

(d) that arrangements have been made, or can be made, for the offender to have treatment.

(3) The conditions mentioned in subsection (1)(b) may include a condition which requires the offender, in accordance with instructions given by an officer of a provider of probation services, to attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.

(4) The condition must specify—

(a) the person with whom the offender is to meet or under whose direction the appointments are to take place, and

(b) where the appointments are to take place.

(5) The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.

(6) The only instructions that an officer of a provider of probation services may give for the purposes of the requirement are instructions as to—

(a) the duration of each appointment, and

(b) when each appointment is to take place.

(7) For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.

(8) In this section—

“controlled drug” has the same meaning as in the Misuse of Drugs Act 1971;

“sentence of imprisonment” does not include a detention and training order or an order under section 211 of the Armed Forces Act 2006 but does include—a sentence of detention in a young offender institution,a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 259 of the Sentencing Code (detention at Her Majesty's pleasure),a sentence of detention under section 91 of that Act or section 250 or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),a sentence of custody for life under section 93 or 94 of that Act or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006),a sentence of detention under section 226, 226B or 228 of the Criminal Justice Act 2003 or section 254 of the Sentencing Code (including one passed as a result of section 221, 221A or 222 of the Armed Forces Act 2006),a sentence of detention under section 209 of the Armed Forces Act 2006 or section 71A(4) of the Army Act 1955 or the Air Force Act 1955, or section 43A(4) of the Naval Discipline Act 1957 (detention of offenders under 18 convicted of certain serious offences), anda sentence of detention under section 218 of the Armed Forces Act 2006 or section 71A(3) of the Army Act 1955 or the Air Force Act 1955, or section 43A(3) of the Naval Discipline Act 1957 (detention at Her Majesty's pleasure).

In section 117(3)(a), “and a remand centre”.

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