Children and Young Persons Act 1969 (c.54)
1 The Children and Young Persons Act 1969 has effect subject to the following amendments.
2 In section 12A (requirements that may be included in supervision orders), at the end add—
(14) In this section “make reparation” means make reparation for the offence otherwise than by the payment of compensation.
3 (1) Section 15 (variation and discharge of supervision orders) is amended as follows.
(2) In subsection (3)(b) (magistrates’ powers of re-sentence on breach of supervision order), for “relevant court” substitute “ magistrates’ court ”.
(3) After subsection (8) insert—
(8A) Where a supervision order has been made on appeal, for the purposes of subsection (3) above it shall be deemed—
(a) if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;
(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;
and, in relation to a supervision order made on appeal, subsection (3)(b) above shall have effect as if the words “if the order had not been made” were omitted and subsection (5) above shall have effect as if the words “if it had not made the order” were omitted.
4 (1) Section 16 (provisions supplementary to section 15) is amended as follows.
(2) In subsection (3A), for “(3C)” substitute “ (4A) ”.
(3) Omit subsections (3B) and (3C).
(4) In subsection (4), at the beginning insert “ Subject to subsection (4A) of this section, ”.
(5) After subsection (4) insert—
(4A) Where a supervised person has attained the age of eighteen at the time when he is brought before a justice under subsection (3) of this section, or has attained that age at a time when (apart from this subsection) a youth court could exercise its powers under subsection (4) of this section in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—
(a) to a remand centre, if the justice or youth court has been notified that such a centre is available for the reception of persons under this subsection; or
(b) to a prison, if the justice or youth court has not been so notified.
(4B) A court or justice remanding a person to local authority accommodation under this section shall designate, as the authority who are to receive him, the authority named in the supervision order.
Crime and Disorder Act 1998 (c.37)
5 The Crime and Disorder Act 1998 has effect subject to the following amendments.
6 (1) Section 74 (duties and powers of court in relation to detention and training orders) is amended as follows.
(2) For subsection (2) substitute—
(2) Subject to subsections (3) and (4A) below, a court making a detention and training order may order that its term shall commence on the expiration of the term of any other detention and training order made by that or any other court.
(3) After subsection (4) insert—
(4A) A court making a detention and training order shall not order that its term shall commence on the expiration of the term of a detention and training order under which the period of supervision has already begun (under section 76(1) below).
(4B) Where a detention and training order (“the new order”) is made in respect of an offender who is subject to a detention and training order under which the period of supervision has begun (“the old order”), the old order shall be disregarded in determining—
(a) for the purposes of subsection (3) above whether the effect of the new order would be that the offender would be subject to detention and training orders for a term which exceeds 24 months; and
(b) for the purposes of subsection (4) above whether the term of the detention and training orders to which the offender would (apart from that subsection) be subject exceeds 24 months.
(4) After subsection (5) insert—
(5A) Where a court proposes to make detention and training orders in respect of an offender for two or more offences—
(a) subsection (5) above shall not apply, but
(b) in determining the total term of the detention and training orders it proposes to make in respect of the offender, the court shall take account of the total period for which he has been remanded in custody in connection with any of those offences, or any other offence the charge for which was founded on the same facts or evidence.
(5B) Once a period of remand has, under subsection (5) or (5A) above, been taken account of in relation to a detention and training order made in respect of an offender for any offence or offences, it shall not subsequently be taken account of (under either of those subsections) in relation to such an order made in respect of the offender for any other offence or offences.
(5) In subsection (6), for “The reference in subsection (5) above” substitute “ Any reference in subsection (5) or (5A) above ”.
(6) In subsection (8), omit “this section or”.
7 In section 75(5) (alteration of release of offender subject to detention and training order), for “the youth court” substitute “ a youth court ”.
8 In section 77 (detention and training orders: breach of supervision requirements), after subsection (4) insert—
(5) An offender may appeal to the Crown Court against any order made under subsection (3)(a) or (b) above.
9 In section 79 (interaction of detention and training order with sentences of detention), after subsection (2) insert—
(2A) Subsection (1)(a) above has effect subject to section 78(3)(a) above and subsection (2)(a) above has effect subject to section 40(4)(b) of the 1991 Act.
10 (1) Paragraph 3 of Schedule 5 (failure to comply with reparation and action plan orders) is amended as follows.
(2) In sub-paragraph (2)(b), for “youth court” substitute “ magistrates’ court ”.
(3) Omit sub-paragraph (3).
(4) After sub-paragraph (8) insert—
(9) Where a reparation order or action plan order has been made on appeal, for the purposes of this paragraph it shall be deemed—
(a) if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;
(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;
and, in relation to a reparation order or action plan order made on appeal, sub-paragraph (2)(b) above shall have effect as if the words “if the order had not been made” were omitted and sub-paragraph (5) above shall have effect as if the words “if it had not made the order” were omitted.
11 (1) Paragraph 4 of that Schedule (presence of offender in court, remands, etc.) is amended as follows.
(2) In sub-paragraph (5)(b), for “(6)” substitute “ (7A) ”.
(3) Omit sub-paragraph (6).
(4) In sub-paragraph (7), at the beginning insert “ Subject to sub-paragraph (7A) below, ”.
(5) After sub-paragraph (7) insert—
(7A) Where the offender is aged 18 or over at the time when he is brought before a youth court other than the appropriate court under sub-paragraph (4) above, or is aged 18 or over at a time when (apart from this sub-paragraph) the appropriate court could exercise its powers under sub-paragraph (7) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—
(a) to a remand centre, if the court has been notified that such a centre is available for the reception of persons under this sub-paragraph; or
(b) to a prison, if it has not been so notified.
12 Omit paragraph 5(6) of that Schedule.
Section 67.
Reference | Short title or title | Extent of repeal or revocation
61 & 62 Vict. c. 36. | Criminal Evidence Act 1898. | In section 1, the words from the beginning to “Provided as follows:—”.
23 & 24 Geo. 5 c. 12. | Children and Young Persons Act 1933. | Section 38.
12, 13 & 14 Geo. 6 c. 88. | Registered Designs Act 1949. | Section 17(11).
1955 c. 18. | Army Act 1955. | Section 93(1B) and (2).
1955 c. 19. | Air Force Act 1955. | Section 93(1B) and (2).
1957 c. 53. | Naval Discipline Act 1957. | Section 60(2) and (3).
1963 c. 37. | Children and Young Persons Act 1963. | Section 57(2) and (4).
1968 c. 19. | Criminal Appeal Act 1968. | In section 10(2)(b), the words “, a referral order within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999 (referral to youth offender panel)”.
1968 c. 20. | Courts-Martial (Appeals) Act 1968. | In section 36(1), the words “section 4(4) of the Sexual Offences (Amendment) Act 1976 as adapted by section 5(1)(d) of that Act or”.
1968 c. 60. | Theft Act 1968. | In section 30(2), the words from “and a person bringing” onwards.
1969 c. 54. | Children and Young Persons Act 1969. | Section 16(3B) and (3C).
1976 c. 52. | Armed Forces Act 1976. | In Schedule 3, in paragraph 3(2), the words from “or direct that” onwards.
1976 c. 82. | Sexual Offences (Amendment) Act 1976. | Sections 2 to 5. In section 7(4), the words from “except that” onwards. Section 7(5).
1977 c. 37. | Patents Act 1977. | Section 32(12).
S.I. 1978/460 (N.I. 5). | Sexual Offences (Northern Ireland) Order 1978. | In Article 1(2), the words from “and Articles 6 and 8” onwards. Articles 6 and 7.
1978 c. 23. | Judicature (Northern Ireland) Act 1978. | In Part II of Schedule 5, the amendment of the Sexual Offences (Northern Ireland) Order 1978.
1979 c. 2. | Customs and Excise Management Act 1979. | Section 75A(6)(b). In section 118A(6)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”.
1980 c. 43. | Magistrates’ Courts Act 1980. | In section 125(4)(c)(iii), the “and” at the end. In section 126(d), the “and” at the end. In Schedule 7, paragraph 148.
1981 c. 55. | Armed Forces Act 1981. | In Schedule 2, paragraph 9.
1984 c. 60. | Police and Criminal Evidence Act 1984. | Sections 69 and 70. Section 80(1). In section 80(5), the words “competent and”. Section 80(8). In section 82(1), in the definition of “proceedings”, in paragraph (a) the words after “court-martial” and, in paragraph (b)(i), the words “so constituted”. Schedule 3.
1985 c. 9. | Companies Act 1985. | In section 709(3), the words from “In England and Wales” onwards.
1988 c. 33. | Criminal Justice Act 1988. | In section 23(1), paragraph (c) and the “and” preceding it. In section 24(1), paragraph (c) and the “and” preceding it. In section 32(1), paragraph (b) and the “or” preceding it. Section 32(2), (3A) to (3E) and (6). Section 32A. Section 33A. Section 34A. Section 158(2) to (4). In Schedule 13, in paragraph 8, sub-paragraph (2)(b) and the “and” preceding it and, in sub-paragraph (3), “, (2)”. In Schedule 15, paragraph 53.
1990 c. 42. | Broadcasting Act 1990. | In Schedule 20, paragraphs 26 and 27.
1991 c. 53. | Criminal Justice Act 1991. | Section 52. Section 54. Section 55(2)(b), (4), (6) and (7). In Schedule 9, paragraphs 3 and 7. In Schedule 11, paragraph 1 and, in paragraph 37, the words from “and, in subsection (3)” onwards.
1992 c. 34. | Sexual Offences (Amendment) Act 1992. | In section 5(2), the words “or programme”. In section 6(1), the definition of “written publication” and the “and” preceding it. In section 7(2), paragraph (b) and paragraph (e) except for the “and” at the end. Section 7(3).
1994 c. 9. | Finance Act 1994. | In section 22(2)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”. In Schedule 7, in paragraph 1(6)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”.
1994 c. 23. | Value Added Tax Act 1994. | In Schedule 11, in paragraph 6(6)(b), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”.
1994 c. 33. | Criminal Justice and Public Order Act 1994. | Section 50. In Schedule 9, paragraphs 11(1)(a), 13 and 33. In Schedule 10, paragraphs 32, 35(3) and 36.
S.I. 1994/2795 (N.I. 15). | Criminal Justice (Northern Ireland) Order 1994. | Article 2(3). Article 18(3). Articles 19 to 24.
1995 c. 35. | Criminal Appeal Act 1995. | In Schedule 2, paragraph 16(2)(b) and (3).
1995 c. 38. | Civil Evidence Act 1995. | In Schedule 1, paragraph 10.
1996 c. 8. | Finance Act 1996. | In Schedule 5, in paragraph 2(6)(a), the words “sections 69 and 70 of the Police and Criminal Evidence Act 1984 and”.
1996 c. 25. | Criminal Procedure and Investigations Act 1996. | Section 62. In Schedule 1, paragraphs 23, 27 and 33.
1996 c. 46. | Armed Forces Act 1996. | In Schedule 1, paragraph 107(a).
1998 c. 37. | Crime and Disorder Act 1998. | In section 74(8), the words “this section or”. In Schedule 5, paragraphs 3(3), 4(6) and 5(6).
S.I. 1998/1504 (N.I. 9). | Criminal Justice (Children) (Northern Ireland) Order 1998. | Article 22.
1999 c. 23. | Youth Justice and Criminal Evidence Act 1999. | Section 4(7)(d) except for the “or” at the end. In section 15(1), in the definition of “custodial sentence”, the words from “a sentence of detention in” to “1994,”. In Schedule 1, paragraphs 5(7) and 14(5). In Schedule 4, paragraph 4(2).
Section 67.
Interpretation
1 (1) In this Schedule—
“the 1988 Act” means the Criminal Justice Act 1988;
“commencement date”, in relation to any provisions of this Act and proceedings of any description, means the date on which those provisions come into force in relation to such proceedings;
“continuing proceedings” (except in paragraph 3) means proceedings instituted before the commencement date;
“existing special measures power” means any power of the court to make an order or give leave, in the exercise of its inherent jurisdiction, for the taking of measures in relation to a witness which are similar to those which could be provided for by a special measures direction.
(2) For the purposes of this Schedule—
(a) proceedings other than proceedings on appeal are to be taken to be instituted at the time when they would be taken to be instituted for the purposes of Part I of the Prosecution of Offences Act 1985 in accordance with section 15(2) of that Act; and
(b) proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 9 or 11 of the Criminal Appeal Act 1995 is made.
(3) Expressions used in this Schedule which are also used in Part II of this Act have the same meaning in this Schedule as in that Part.
Referral orders under Part I
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special measures under Chapter I of Part II
3 (1) A special measures direction may be given in relation to a witness in continuing proceedings unless the court has before the specified date—
(a) given leave in relation to the witness in connection with those proceedings under section 32 (evidence through television links) or section 32A (video recordings of testimony of child witnesses) of the 1988 Act, or
(b) exercised any existing special measures power in relation to the witness in connection with those proceedings.
(2) The repeals made by this Act shall not affect the continued operation in relation to a witness in continuing proceedings of section 32 or 32A of the 1988 Act where before the specified date leave was given in relation to the witness in connection with those proceedings by virtue of section 32(1)(b) or section 32A, as the case may be.
(3) Nothing in this Act affects the continued operation in relation to a witness in continuing proceedings of any order made or leave given under any existing special measures power exercised by the court before the specified date in relation to the witness in connection with those proceedings.
(4) In this paragraph—
(a) “continuing proceedings” means proceedings instituted before the specified date;
(b) “the specified date”, in relation to a witness in any proceedings, means such date as may be specified by the Secretary of State in a notice given to the court in question under section 18(2), where the date is expressed to apply—
(i) for the purposes of this paragraph, and
(ii) in relation to any description of witnesses and proceedings within which the witness and the proceedings fall.
Protection of witnesses from cross-examination by accused in person
4 Nothing in Chapter II of Part II applies in relation to proceedings instituted before the commencement date for that Chapter.
Protection of complainants in proceedings for sexual offences
5 (1) Nothing in Chapter III of Part II applies in relation to continuing proceedings in which leave has been given before the commencement date for that Chapter—
(a) under section 2 of the Sexual Offences (Amendment) Act 1976, or
(b) (in the case of proceedings to which section 2 does not apply) in the exercise of any similar power of the court exercisable by virtue of its inherent jurisdiction.
(2) Nothing in this Act affects the continued operation of any leave so given in relation to any such proceedings.
Reporting restrictions
6 (1) Section 44 applies in relation to an alleged offence whether the criminal investigation into it is begun before or after the coming into force of that section.
(2) The restrictions imposed by subsection (2) of section 44 do not apply to the inclusion of matter in a publication if—
(a) where the publication is a relevant programme, it is transmitted, or
(b) in the case of any other publication, it is published,
before the coming into force of that section.
(3) Nothing in section 45 or 46 applies in relation to proceedings instituted before the commencement date for that section.
(4) In sub-paragraph (3) the reference to the institution of proceedings shall be construed—
(a) in the case of proceedings in England in Wales (other than proceedings before a service court), in accordance with paragraph 1(2);
(b) in the case of proceedings in Northern Ireland (other than proceedings before a service court), in accordance with sub-paragraph (5);
(c) in the case of proceedings before a service court (wherever held) in accordance with sub-paragraph (6).
(5) In the case of proceedings falling within sub-paragraph (4)(b)—
(a) proceedings other than proceedings on appeal are to be taken to be instituted—
(i) where a justice of the peace issues a summons under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981, when the complaint for the offence is made;
(ii) where a justice of the peace issues a warrant for the arrest of any person under that Article, when the complaint for the offence is made;
(iii) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge;
(iv) where an indictment is presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, when the indictment is presented to the court;
and where the application of this paragraph would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times; and
(b) proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 10 or 12 of the Criminal Appeal Act 1995 is made.
(6) In the case of proceedings falling within sub-paragraph (4)(c)—
(a) proceedings other than proceedings on appeal are to be taken to be instituted when the charge is brought under section 121(1A) or 122 of the Armed Forces Act 2006; and
(b) proceedings on appeal are to be taken to be instituted—
(i) in the case of an appeal under the Court Martial Appeals Act 1968, when the application for leave to appeal is lodged in accordance with section 9 of that Act;
(ii) in the case of an appeal under section 285 of the Armed Forces Act 2006 (except one for which leave is required), when the notice of appeal is given;
(iii) in the case of an appeal under that section for which leave is required, when the application for leave to appeal is lodged;
(iv) in the case of a reference under section 34 of the Court Martial Appeals Act 1968 or section 12A or 12B of the Criminal Appeal Act 1995, when the reference is made.
Competence of witnesses and capacity to be sworn
7 Nothing in Chapter V of Part II applies in relation to proceedings instituted before the commencement date for that Chapter.
Inferences from silence
8 The amendments made by section 58—
(a) apply only to proceedings instituted on or after the commencement date for that section; but
(b) so apply whether the relevant failure or refusal on the part of the accused took place before or after that date.