Law

Crime and Disorder Act 1998

United Kingdom · statute

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In force since 2026-06-04, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 186 provisions
  1. Title and introductory text
  2. 1 Anti-social behaviour orders.
  3. 1A Power of Secretary of State to add to relevant authorities
  4. 1AA Individual support orders
  5. 1AB Individual support orders: explanation, breach, amendment etc
  6. 1B Orders in county court proceedings
  7. 1C Orders on conviction in criminal proceedings
  8. 1CA Variation and discharge of orders under section 1C
  9. 1D Interim orders
  10. 1E Consultation requirements
  11. 1F Contracting out of local authority functions
  12. 1G Intervention orders
  13. 1H Intervention orders: explanation, breach, amendment etc.
  14. 1I Special measures for witnesses
  15. 1J Review of orders under sections 1, 1B and 1C
  16. 1K Responsibility for, and participation in, reviews under section 1J
  17. 2 Sex offender orders.
  18. 2A Interim orders: sex offenders
  19. 2B Sex offender orders made in Scotland or Northern Ireland
  20. 3 Sex offender orders: supplemental.
  21. 4 Appeals against orders.
  22. 5 Authorities responsible for strategies.
  23. 5A Combination agreements: further provision
  24. 6 Formulation and implementation of strategies.
  25. 6A Powers of the Secretary of State and National Assembly for Wales
  26. 7 Supplemental.
  27. 8 Parenting orders.
  28. 9 Parenting orders: supplemental.
  29. 10 Appeals against parenting orders.
  30. 11 Child safety orders.
  31. 12 Child safety orders: supplemental.
  32. 13 Appeals against child safety orders.
  33. 13A Parental compensation orders
  34. 13B Parental compensation orders: the compensation
  35. 13C Parental compensation orders: supplemental
  36. 13D Parental compensation orders: appeal
  37. 13E Effect of parental compensation order on subsequent award of damages in civil proceedings
  38. 14 Local child curfew schemes.
  39. 15 Contravention of curfew notices.
  40. 16 Removal of truants and excluded pupils to designated premises etc.
  41. 17 Duty to consider crime and disorder implications.
  42. 17A Sharing of information
  43. 18 Interpretation etc. of Chapter I.
  44. 19 Anti-social behaviour orders.
  45. 20 Sex offender orders.
  46. 21 Procedural provisions with respect to orders.
  47. 21A Sex offender orders made in England and Wales or Northern Ireland
  48. 22 Offences in connection with breach of orders.
  49. 22A Anti-social behaviour strategies
  50. 23 Anti-social behaviour as ground of eviction.
  51. 24 Noise-making equipment: police power of seizure.
  52. 25 Powers to require removal of masks etc.
  53. 26 Retention and disposal of things seized.
  54. 27 Power of arrest for failure to comply with requirement.
  55. 28 Meaning of “ racially or religiously aggravated”.
  56. 29 Racially or religiously aggravated assaults.
  57. 30 Racially or religiously aggravated criminal damage.
  58. 31 Racially or religiously aggravated public order offences.
  59. 32 Racially or religiously aggravated harassment etc.
  60. 33 Racially-aggravated offences.
  61. 34 Abolition of rebuttable presumption that a child is doli incapax.
  62. 35 Effect of child’s silence at trial.
  63. 36 Abolition of death penalty for treason and piracy.
  64. 37 Aim of the youth justice system.
  65. 38 Local provision of youth justice services.
  66. 39 Youth offending teams.
  67. 39A Detention of child or young person: local authorities to be notified
  68. 40 Youth justice plans.
  69. 41 The Youth Justice Board.
  70. 42 Supplementary provisions.
  71. 43 Time limits.
  72. 44 Additional time limits for persons under 18.
  73. 45 Re-institution of stayed proceedings.
  74. 46 Date of first court appearance in bail cases.
  75. 47 Powers of youth courts.
  76. 48 Youth courts: power of stipendiary magistrates to sit alone.
  77. 49 Powers of magistrates’ courts exercisable by single justice etc.
  78. 50 Early administrative hearings.
  79. 50A Order of consideration for either-way offences
  80. 51 Sending cases to the Crown Court: adults
  81. 51A Sending cases to the Crown Court: children and young persons
  82. 51B Notices in serious or complex fraud cases
  83. 51C Notices in certain cases involving children
  84. 51D Notice of offence and place of trial
  85. 51E Interpretation of sections 50A to 51D
  86. 52 Provisions supplementing section 51 and 51A.
  87. 52A Restrictions on reporting
  88. 52B Offences in connection with reporting
  89. 53 Crown Prosecution Service: powers of non-legal staff.
  90. 54 Bail: increased powers to require security or impose conditions.
  91. 55 Forfeiture of recognizances.
  92. 56 Bail: restrictions in certain cases of homicide or rape.
  93. 57 Use of live television links at preliminary hearings.
  94. 57A Introductory
  95. 57B Use of live link at preliminary hearings where accused is in custody
  96. 57C Use of live link at preliminary hearings where accused is at police station
  97. 57D Continued use of live link for sentencing hearing following a preliminary hearing
  98. 57E Use of live link in sentencing hearings
  99. 57F Use of live link in certain enforcement hearings
  100. 57G Requirement to attend court, perjury
  101. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  102. 59 Effect of extended sentences.
  103. 60 Re-release of prisoners serving extended sentences.
  104. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  105. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  106. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  107. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  108. 65 Reprimands and warnings.
  109. 66 Effect of reprimands and warnings.
  110. 66ZA Youth cautions
  111. 66ZB Effect of youth cautions
  112. 66A Youth conditional cautions
  113. 66B The five requirements
  114. 66BA Duty to consult victims
  115. 66C Financial penalties
  116. 66D Variation of conditions
  117. 66E Failure to comply with conditions
  118. 66F Restriction on sentencing powers where youth conditional caution given
  119. 66G Code of practice on youth conditional cautions
  120. 66H Interpretation
  121. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  122. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  123. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  124. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  125. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  126. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  127. 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  128. 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  129. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  130. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  131. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  132. 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  133. 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  134. 80 Sentencing guidelines.
  135. 81 The Sentencing Advisory Panel.
  136. 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  137. 83 Power to make confiscation orders on committal for sentence.
  138. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  139. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  140. 86 Extended sentences for sex and violent offenders.
  141. 87 Further provision as to extended sentences.
  142. 88 Re-release of prisoners serving extended sentences.
  143. 89 Drug treatment and testing orders.
  144. 90 Requirements and provisions to be included in drug treatment and testing orders.
  145. 91 Procedural matters relating to drug treatment and testing orders.
  146. 92 Amendment and periodic review of drug treatment and testing orders.
  147. 93 Consequences of breach of drug treatment and testing order.
  148. 94 Combination of orders.
  149. 95 Interpretation provision in relation to drug treatment and testing orders.
  150. 96 Offences racially aggravated.
  151. 97 Remands and committals of children and young persons.
  152. 98 Remands and committals: alternative provision for 15 or 16 year old boys.
  153. 99 Power to release short-term prisoners on licence.
  154. 100 Curfew condition to be included in licence.
  155. 101 Early release: two or more sentences.
  156. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  157. 103 Recall to prison of short-term prisoners.
  158. 104 Release on licence following recall to prison.
  159. 105 Release on licence following return to prison.
  160. 106 Pre-consolidation amendments.
  161. 107 Amendments to Chapter I of Part II of 1997 Act.
  162. 108 Repeal of Chapter I of Part III of Crime and Punishment (Scotland) Act 1997.
  163. 109 Transitional provisions in relation to certain life prisoners.
  164. 110 Calculation of period of detention at customs office etc. where person previously detained.
  165. 111 Early release in Scotland: two or more sentences.
  166. 112 Restriction on consecutive sentences for released prisoners: Scotland.
  167. 113 Deputy authorising officer under Part III of Police Act 1997.
  168. 114 Orders and regulations.
  169. 115 Disclosure of information.
  170. 116 Transitory provisions.
  171. 117 General interpretation.
  172. 118 Provision for Northern Ireland.
  173. 119 Minor and consequential amendments.
  174. 120 Transitional provisions, savings and repeals.
  175. 121 Short title, commencement and extent.
  176. SCHEDULE 1 Schedule 2A to the Civic Government (Scotland) Act 1982
  177. SCHEDULE 2 The Youth Justice Board: further provisions
  178. SCHEDULE 3 Procedure where persons are sent for trial under section 51
  179. SCHEDULE 3A Prohibitions and limitations on use of live links
  180. SCHEDULE 4
  181. SCHEDULE 5
  182. SCHEDULE 6 Drug treatment and testing orders: amendment of the 1995 Act
  183. SCHEDULE 7 Pre-consolidation amendments: powers of criminal courts
  184. SCHEDULE 8 Minor and consequential amendments
  185. SCHEDULE 9 Transitional provisions and savings
  186. SCHEDULE 10 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

186 provisions

17 Duty to consider crime and disorder implications.

(1) Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, (a) crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and (b) the misuse of drugs, alcohol and other substances in its area; and (c) re-offending in its area ; and (d) serious violence in its area. (1A) The duty imposed on an authority by subsection (1) to do all it reasonably can to prevent serious violence in its area is a duty on the authority to do all it reasonably can to— (a) prevent people from becoming involved in serious violence in its area, and (b) reduce instances of serious violence in its area. (2) This section applies to each of the following— a local authority; a joint authority; a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1); a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; the London Fire Commissioner; a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; a fire and rescue authority created by an order under section 4A of that Act; a metropolitan county fire authority; a local policing body; a National Park authority; the Broads Authority; the Greater London Authority; ... Transport for London. (3) In this section— “local authority” means a local authority within the meaning given by section 270(1) of the Local Government Act 1972 or the Common Council of the City of London; “joint authority” has the same meaning as in the Local Government Act 1985; “National Park authority” means an authority established under section 63 of the Environment Act 1995. (4) The appropriate national authority may by order amend this section by— (a) adding an entry for any person or body to the list of authorities in subsection (2), (b) altering or repealing any entry for the time being included in the list, or (c) adding, altering or repealing provisions for the interpretation of entries in the list. (5) In subsection (4) “the appropriate national authority” has the same meaning as in section 5. (6) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

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17A Sharing of information

(1) A relevant authority is under a duty to disclose to all other relevant authorities any information held by the authority which is of a prescribed description, at such intervals and in such form as may be prescribed. (2) In subsection (1) “prescribed” means prescribed in regulations made by the Secretary of State. (3) The Secretary of State may only prescribe descriptions of information which appears to him to be of potential relevance in relation to the reduction of crime and disorder in any area of England and Wales (including anti-social or other behaviour adversely affecting the local environment in that area). (4) Nothing in this section requires a relevant authority to disclose any personal data (within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act)). (5) In this section “relevant authority” means an authority in England and Wales which is for the time being a relevant authority for the purposes of section 115.

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18 Interpretation etc. of Chapter I.

(1) In this Chapter— ... “chief officer of police” has the meaning given by section 101(1) of the Police Act 1996; “child safety order” has the meaning given by section 11(1) above; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “local policing body” has the meaning given by section 101(1) of the Police Act 1996; “parental compensation order” has the meaning given by section 13A(1) above; “parenting order” has the meaning given by section 8(4) above; “police area” has the meaning given by section 1(2) of the Police Act 1996; ... “responsible officer”— ... in relation to a parenting order, has the meaning given by section 8(8) above; in relation to a child safety order, has the meaning given by section 11(8) above; “violence”— includes, in particular— domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act), sexual offences, violence against property, and threats of violence; does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)). ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) In the definition of “violence” in subsection (1) “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty). (1B) In determining for the purposes of subsection (1A) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded. (1C) References in this Chapter to becoming involved in serious violence include becoming a victim of serious violence. (1D) In considering whether violence in an area amounts to serious violence for the purposes of this Chapter account must be taken in particular of the following factors— (a) the maximum penalty which could be imposed for the offence (if any) involved in the violence, (b) the impact of the violence on any victim, (c) the prevalence of the violence in the area, and (d) the impact of the violence on the community in the area. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Where directions under a parenting order are to be given by an officer of a local probation board, the officer of a local probation board shall be an officer appointed for or assigned to the local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside. (3A) Where directions under a parenting order are to be given by an officer of a provider of probation services, the officer of a provider of probation services shall be an officer acting in the local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside. (4) Where the supervision under a child safety order is to be provided, or directions under ... a parenting order are to be given, by— (a) a social worker of a local authority . . . ; or (b) a member of a youth offending team, the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the child or, as the case may be, the parent , resides or will reside. (5) For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.

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19 Anti-social behaviour orders.

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20 Sex offender orders.

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21 Procedural provisions with respect to orders.

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21A Sex offender orders made in England and Wales or Northern Ireland

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22 Offences in connection with breach of orders.

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22A Anti-social behaviour strategies

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23 Anti-social behaviour as ground of eviction.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) For Ground 15 in Schedule 5 to the Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following— Ground 15 The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has— (a) been convicted of— (i) using or allowing the house to be used for immoral or illegal purposes; or (ii) an offence punishable by imprisonment committed in, or in the locality of, the house; or (b) acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or (c) pursued a course of anti-social conduct in relation to such a person as is mentioned in head (b) above. In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants. (5) No person shall be liable to eviction under paragraph 2 or 7 of Schedule 3 to the Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the Housing (Scotland) Act 1988 as substituted respectively by subsection (2), (3) and (4) above in respect of any act or conduct before the commencement of this section unless he would have been liable to be evicted under those paragraphs or, as the case may be, that Ground as they had effect before that substitution.

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24 Noise-making equipment: police power of seizure.

(1) The Civic Government (Scotland) Act 1982 shall be amended in accordance with this section. (2) In section 54 (offence of playing instruments, etc.), after subsection (2) there shall be inserted the following subsections— (2A) Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there. (2B) A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above. (2C) Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect. (3) In section 60 (powers of search and seizure)— (a) in subsection (5)— (i) after the words “Nothing in” there shall be inserted the words “ section 54(2A) of this Act or ”; and (ii) for the words from “which” to the end there shall be substituted the words “ which is otherwise exercisable by a constable ”; and (b) in subsection (6)— (i) in paragraph (a), for the words from “in pursuance” to the word “vessel” there shall be substituted the words— to enter and search— (i) any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or (ii) any vehicle or vessel in pursuance of the said subsection (1), ; and (ii) in paragraph (c), after “under” there shall be inserted the words “ section 54(2A) of this Act or ”. (4) After Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Act.

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25 Powers to require removal of masks etc.

(1) After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the Criminal Justice and Public Order Act 1994 (“the 1994 Act”) there shall be inserted the following subsection— (4A) This section also confers on any constable in uniform power— (a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity; (b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose. (2) In subsection (5) of that section, for the words “those powers” there shall be substituted the words “ the powers conferred by subsection (4) above ”. (3) In subsection (8) of that section, for the words “to stop or (as the case may be) to stop the vehicle” there shall be substituted the following paragraphs— (a) to stop, or to stop a vehicle; or (b) to remove an item worn by him, .

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26 Retention and disposal of things seized.

After section 60 of the 1994 Act there shall be inserted the following section— Retention and disposal of things seized under section 60. 60A (1) Any things seized by a constable under section 60 may be retained in accordance with regulations made by the Secretary of State under this section. (2) The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things. (3) Regulations under this section may make different provisions for different classes of things or for different circumstances. (4) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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27 Power of arrest for failure to comply with requirement.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) After section 60A of the 1994 Act there shall be inserted the following section— Arrest without warrant for offences under section 60: Scotland. 60B In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under section 60(8) he may arrest that person without warrant.

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28 Meaning of “ racially or religiously aggravated”.

(1) An offence is racially or religiously aggravated for the purposes of sections 29 to 32 below if— (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or (b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group. (2) In subsection (1)(a) above— “membership”, in relation to a racial or religious group, includes association with members of that group; “presumed” means presumed by the offender. (3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph. (4) In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins. (5) In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.

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29 Racially or religiously aggravated assaults.

(1) A person is guilty of an offence under this section if he commits— (a) an offence under section 20 of the Offences Against the Person Act 1861 (malicious wounding or grievous bodily harm); (b) an offence under section 47 of that Act (actual bodily harm); (ba) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation); or (c) common assault, which is racially or religiously aggravated for the purposes of this section. (2) A person guilty of an offence falling within subsection (1)(a) , (b) or (ba) above shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both. (3) A person guilty of an offence falling within subsection (1)(c) above shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

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30 Racially or religiously aggravated criminal damage.

(1) A person is guilty of an offence under this section if he commits an offence under section 1(1) of the Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is racially or religiously aggravated for the purposes of this section. (2) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both. (3) For the purposes of this section, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence.

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31 Racially or religiously aggravated public order offences.

(1) A person is guilty of an offence under this section if he commits— (a) an offence under section 4 of the Public Order Act 1986 (fear or provocation of violence); (b) an offence under section 4A of that Act (intentional harassment, alarm or distress); or (c) an offence under section 5 of that Act (harassment, alarm or distress), which is racially or religiously aggravated for the purposes of this section. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. (5) A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (6) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision. (7) For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.

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32 Racially or religiously aggravated harassment etc.

(1) A person is guilty of an offence under this section if he commits— (a) an offence under section 2 or 2A of the Protection from Harassment Act 1997 (offences of harassment and stalking); or (b) an offence under section 4 or 4A of that Act (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress), which is racially or religiously aggravated for the purposes of this section. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A person guilty of an offence falling within subsection (1)(a) above shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. (4) A person guilty of an offence falling within subsection (1)(b) above shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years or to a fine, or to both. (5) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of either basic offence mentioned in that provision. (6) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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33 Racially-aggravated offences.

After section 50 of the Criminal Law (Consolidation) (Scotland) Act 1995 there shall be inserted the following section— Racially-aggravated harassment Racially-aggravated harassment. 50A (1) A person is guilty of an offence under this section if he— (a) pursues a racially-aggravated course of conduct which amounts to harassment of a person and— (i) is intended to amount to harassment of that person; or (ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or (b) acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress. (2) For the purposes of this section a course of conduct or an action is racially aggravated if— (a) immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person’s membership (or presumed membership) of a racial group; or (b) the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group. (3) In subsection (2)(a) above— “membership”, in relation to a racial group, includes association with members of that group; “presumed” means presumed by the offender. (4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on— (a) the fact or presumption that any person or group of persons belongs to any religious group; or (b) any other factor not mentioned in that paragraph. (5) A person who is guilty of an offence under this section shall— (a) on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and (b) on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment. (6) In this section— “conduct” includes speech; “harassment” of a person includes causing the person alarm or distress; “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins, and a course of conduct must involve conduct on at least two occasions.

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34 Abolition of rebuttable presumption that a child is doli incapax.

The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished.

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35 Effect of child’s silence at trial.

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36 Abolition of death penalty for treason and piracy.

(1) In section I of the Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words “have and suffer such pains of death and” there shall be substituted the words “ be liable to imprisonment for life and to such ”. (2) In the following enactments, namely— (a) section II of the Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason); (b) section XII of the Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority); (c) section 3 of the Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason); (d) section I of the Treason Act (Ireland) 1703 (which makes corresponding provision), for the words “suffer pains of death” there shall be substituted the words “ be liable to imprisonment for life ”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In section 1 of the Treason Act 1814 (form of sentence in case of high treason), for the words “such person shall be hanged by the neck until such person be dead”, there shall be substituted the words “ such person shall be liable to imprisonment for life ”. (5) In section 2 of the Piracy Act 1837 (punishment of piracy when murder is attempted), for the words “and being convicted thereof shall suffer death” there shall be substituted the words “ and being convicted thereof shall be liable to imprisonment for life ”. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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37 Aim of the youth justice system.

(1) It shall be the principal aim of the youth justice system to prevent offending by children and young persons. (2) In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to that aim.

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38 Local provision of youth justice services.

(1) It shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (2) below, to secure that, to such extent as is appropriate for their area, all youth justice services are available there. (2) It shall be the duty of— (a) every chief officer of police or local policing body any part of whose police area lies within the local authority’s area; (aa) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007; (ab) every provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to carry out the duty under this subsection in relation to the local authority; and (b) every local probation board , integrated care board or ... Local Health Board ... any part of whose area lies within that area, to co-operate in the discharge by the local authority of their duty under subsection (1) above. (3) The local authority and every person or body mentioned in subsection (2) above shall have power to make payments towards expenditure incurred in the provision of youth justice services— (a) by making the payments directly; or (b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made. (4) In this section and sections 39 to 41 below “youth justice services” means any of the following, namely— (a) the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers; (aa) the provision of assistance to persons determining whether youth cautions should be given under section 66ZA below; (b) the assessment of children and young persons, and the provision for them of rehabilitation programmes, for the purposes of section 66ZB(2) or (3) below; (ba) the provision of assistance to persons determining whether youth conditional cautions (within the meaning of Chapter 1 of Part 4) should be given and which conditions to attach to such cautions; (bb) the supervision and rehabilitation of persons to whom such cautions are given; (c) the provision of support for children and young persons remanded or committed on bail while awaiting trial or sentence; (d) the placement in local authority accommodation of children and young persons remanded to such accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; (e) the provision of reports or other information required by courts in criminal proceedings against children and young persons; (ee) the performance by youth offending teams and members of youth offending teams of functions under sections 25 to 27 of the Anti-social Behaviour Act 2003; (f) the provision of persons to act as responsible officers in relation to ... parenting orders, child safety orders and reparation orders; (fa) the provision of persons to act as responsible officers in relation to youth rehabilitation orders under Chapter 1 of Part 9 of the Sentencing Code; (fb) the supervision of children and young persons sentenced to a youth rehabilitation order under that Chapter which includes a supervision requirement (within the meaning of that Chapter); (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) the supervision of children and young persons sentenced to a detention and training order (including an order under section 211 of the Armed Forces Act 2006) . . . ; (ha) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) post-release supervision in accordance with a licence under section 31 of the Crime (Sentences) Act 1997 or section 250 of the Criminal Justice Act 2003 of a person sentenced to detention under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000, section 226, 226B or 228 of the Criminal Justice Act 2003 , section 250, 252A, 254 or 259 of the Sentencing Code or section 209, 218, 221, 221A or 222 of the Armed Forces Act 2006; (ia) post-release supervision under section 256B of the Criminal Justice Act 2003; (ib) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (k) the implementation of referral orders within the meaning given by section 83(1) of the Sentencing Code. (5) The Secretary of State may by order amend subsection (4) above so as to extend, restrict or otherwise alter the definition of “youth justice services” for the time being specified in that subsection.

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39 Youth offending teams.

(1) Subject to subsection (2) below, it shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (3) below, to establish for their area one or more youth offending teams. (2) Two (or more) local authorities acting together may establish one or more youth offending teams for both (or all) their areas; and where they do so— (a) any reference in the following provisions of this section (except subsection (4)(b)) to, or to the area of, the local authority or a particular local authority shall be construed accordingly, and (b) the reference in subsection (4)(b) to the local authority shall be construed as a reference to one of the authorities. (3) It shall be the duty of— (a) every chief officer of police any part of whose police area lies within the local authority’s area; (aa) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007; (ab) every provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to carry out the duty under this subsection in relation to the local authority; and (b) every local probation board , integrated care board or ... Local Health Board ... any part of whose area lies within that area, to co-operate in the discharge by the local authority of their duty under subsection (1) above. (4) The local authority and every person or body mentioned in subsection (3) above shall have power to make payments towards expenditure incurred by, or for purposes connected with, youth offending teams— (a) by making the payments directly; or (b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made. (5) A youth offending team shall include at least one of each of the following, namely— (a) an officer of a local probation boardor an officer of a provider of probation services; (aa) where the local authority is in England, a person with experience of social work in relation to children nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004; (b) where the local authority is in Wales, a social worker of the local authority . . . ; (c) a police officer; (d) a person nominated by an integrated care board or ... a Local Health Board any part of whose area lies within the local authority’s area; (da) where the local authority is in England, a person with experience in education nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004; (e) where the local authority is in Wales, a person nominated by the chief education officer appointed by the local authority under section 532 of the Education Act 1996. (6) A youth offending team may also include such other persons as the local authority thinks appropriate after consulting the persons and bodies mentioned in subsection (3) above. (7) It shall be the duty of the youth offending team or teams established by a particular local authority— (a) to co-ordinate the provision of youth justice services for all those in the authority’s area who need them; and (b) to carry out such functions as are assigned to the team or teams in the youth justice plan formulated by the authority under section 40(1) below.

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39A Detention of child or young person: local authorities to be notified

(1) Subsection (2) applies where a youth offending team becomes aware that— (a) a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or (b) a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation. (2) The youth offending team must as soon as practicable notify— (a) the home local authority, and (b) the host local authority, of the place where the child or young person is detained. (3) Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been— (a) subject to a detention order, and (b) detained in relevant youth accommodation. (4) The youth offending team must as soon as practicable notify the following authorities of the release— (a) the home local authority; (b) the host local authority; (c) any other local authority in whose area the youth offending team expects the person to live on release. (5) Nothing in this section requires a youth offending team to notify a local authority of any matter of which the authority is already aware. (6) In this section— “home local authority”, in relation to a child or young person, means the local authority which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation); “host local authority”, in relation to a child or young person who is detained in relevant youth accommodation, means the local authority for the area in which that person is detained; “local authority”has the meaning given by section 579(1) of the Education Act 1996; “young person” includes a person who is aged 18; and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).

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40 Youth justice plans.

(1) It shall be the duty of each local authority, after consultation with the relevant persons and bodies, to formulate and implement for each year a plan (a “youth justice plan”) setting out— (a) how youth justice services in their area are to be provided and funded; and (b) how the youth offending team or teams established by them (whether alone or jointly with one or more other local authorities) are to be composed and funded, how they are to operate, and what functions they are to carry out. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The functions assigned to a youth offending team under subsection (1)(b) above may include, in particular— (a) functions under paragraph 7(b) of Schedule 2 to the 1989 Act (local authority’s duty to take reasonable steps designed to encourage children and young persons not to commit offences); (b) functions relating to a local authority’s duty under section 15(2)(g) of the Social Services and Well-being (Wales) Act 2014 to provide or arrange for the provision of services for the purposes of encouraging children not to commit criminal offences. (4) A local authority shall submit their youth justice plan to the Board established under section 41 below, and shall publish it in such manner and by such date as the Secretary of State may direct.

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41 The Youth Justice Board.

(1) There shall be a body corporate to be known as the Youth Justice Board for England and Wales (“the Board”). (2) 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. (3) The Board shall consist of 10, 11 or 12 members appointed by the Secretary of State. (4) The members of the Board shall include persons who appear to the Secretary of State to have extensive recent experience of the youth justice system. (5) The Board shall have the following functions, namely— (a) to monitor the operation of the youth justice system and the provision of youth justice services; (b) to advise the Secretary of State on the following matters, namely— (i) the operation of that system and the provision of such services; (ii) how the principal aim of that system might most effectively be pursued; (iii) the content of any national standards he may see fit to set with respect to the provision of such services, or the accommodation in which children and young persons are kept in custody; and (iv) the steps that might be taken to prevent offending by children and young persons; (c) to monitor the extent to which that aim is being achieved and any such standards met; (d) for the purposes of paragraphs (a), (b) and (c) above, to obtain information from relevant authorities; (e) to publish information so obtained; (f) to identify, to make known and to promote good practice in the following matters, namely— (i) the operation of the youth justice system and the provision of youth justice services; (ii) the prevention of offending by children and young persons; and (iii) working with children and young persons who are or are at risk of becoming offenders; (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) ... to commission research in connection with such practice. (ha) with the approval of the Secretary of State, to make grants to local authorities and other persons for the purposes of the operation of the youth justice system and the provision of youth justice services, subject to such conditions as the Board considers appropriate, including conditions as to repayment; (hb) to provide assistance to local authorities and other persons in connection with information technology systems and equipment used or to be used for the purposes of the operation of the youth justice system and the provision of youth justice services; (i) to enter into agreements for the provision of— (i) youth detention accommodation, within the meaning given by section 248 of the Sentencing Code , for the purpose of detaining persons subject to orders under section 100, 104(3)(a) or 105(2) of the Powers of Criminal Courts (Sentencing) Act 2000, detention and training orders within the meaning given by section 233 of the Sentencing Code, orders under paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code or orders under section 211 or 214 of the Armed Forces Act 2006; (ii) accommodation which is or may be used for the purpose of detaining persons sentenced under section 250, 252A, 254 or 259 of the Sentencing Code, section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 , section 226, 226B or 228 of the Criminal Justice Act 2003 or section 209 218, 221, 221A or 222 of the Armed Forces Act 2006; (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv) accommodation which is or may be used for the purpose of detaining persons who are under the age of 18 when remanded in custody under section 128 of the 1980 Act; (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vii) accommodation referred to in paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 which is or may be used for the purpose of detaining persons subject to a detention order under that Schedule; but no agreement shall be made under this paragraph in relation to accommodation for persons who have attained the age of 18 unless it appears to the Board that it is expedient to enter into such an agreement for the operation of the youth justice system; (j) to facilitate arrangements between the Secretary of State and any person providing— (i) youth detention accommodation, within the meaning given by section 248 of the Sentencing Code, to be used for detaining a person in accordance with a determination under section 241(1) of that Code, paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code, section 102(1), 104(3)(a) or 105(2) of the Powers of Criminal Courts (Sentencing) Act 2000 or section 214(3) of the Armed Forces Act 2006; or (ii) accommodation to be used for detaining a person in accordance with a direction by the Secretary of State under section 260 of the Sentencing Code or section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or a determination by the Secretary of State under section 210 or 218(3) of the Armed Forces Act 2006; (ja) at the request of the Secretary of State, to assist him in carrying out his functions in relation to the release of offenders detained in accommodation which is youth detention accommodation, within the meaning given by section 248(1) of the Sentencing Code; (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l) annually— (i) to assess future demand for secure accommodation for remanded children and young persons and secure and other accommodation for sentenced children and young persons, (ii) to prepare a plan setting out how they intend to exercise, in the following three years, the functions described in paragraphs (i) and (k) above, and any function for the time being exercisable by the Board concurrently with the Secretary of State by virtue of subsection (6)(b) below which relates to securing the provision of such accommodation, and (iii) to submit the plan to the Secretary of State for approval. (6) The Secretary of State may by order— (a) amend subsection (5) above so as to add to, subtract from or alter any of the functions of the Board for the time being specified in that subsection; or (b) provide that any function of his which is exercisable in relation to the youth justice system shall be exercisable concurrently with the Board. (6A) The power of the Secretary of State under subsection (6)(b) includes power— (a) to provide that, in relation to any function of his that is exercisable in respect of particular cases, the function is to be exercisable by the Board only— (i) where it proposes to exercise the function in a particular manner, or (ii) in respect of a class of case specified in the order, and (b) to make any supplementary, incidental or consequential provision (including provision for any enactment to apply subject to modifications). (7) In carrying out their functions, the Board shall comply with any directions given by the Secretary of State and act in accordance with any guidance given by him. (8) A relevant authority— (a) shall furnish to the Board any information required for the purposes of subsection (5)(a), (b) or (c) above; and (b) whenever so required by the Board, shall submit to the Board a report on such matters connected with the discharge of their duties under the foregoing provisions of this Part as may be specified in the requirement. A requirement under paragraph (b) above may specify the form in which a report is to be given. (9) The Board may arrange, or require the relevant authority to arrange, for a report under subsection (8)(b) above to be published in such manner as appears to the Board to be appropriate. (10) In this section “relevant authority” means a local authority, a chief officer of police, a local policing body, a local probation board a provider of probation services , an integrated care board and a Local Health Board .... (11) Schedule 2 to this Act (which makes further provision with respect to the Board) shall have effect.

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42 Supplementary provisions.

(1) In the foregoing provisions of this Part and this section— “chief officer of police” has the meaning given by section 101(1) of the Police Act 1996; “local authority” (except in section 39A) means— in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London; in relation to Wales, a county council or a county borough council; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “youth justice system” means the system of criminal justice in so far as it relates to children and young persons. (2) For the purposes of those provisions, the Isles of Scilly form part of the county of Cornwall and the Inner Temple and the Middle Temple form part of the City of London. (2A) So far as relating to the Isles of Scilly, subsection (2) does not apply for the purposes of section 39A. (3) In carrying out any of their duties under those provisions, a local authority, a police authority, a local probation board a provider of probation services an integrated care board, or a Local Health Board ... shall act in accordance with any guidance given by the Secretary of State.

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43 Time limits.

(1) In subsection (2) of section 22 (time limits in relation to criminal proceedings) of the Prosecution of Offences Act 1985 (“the 1985 Act”), for paragraphs (a) and (b) there shall be substituted the following paragraphs— (a) be made so as to apply only in relation to proceedings instituted in specified areas, or proceedings of, or against persons of, specified classes or descriptions; (b) make different provision with respect to proceedings instituted in different areas, or different provision with respect to proceedings of, or against persons of, different classes or descriptions; . (2) For subsection (3) of that section there shall be substituted the following subsection— (3) The appropriate court may, at any time before the expiry of a time limit imposed by the regulations, extend, or further extend, that limit; but the court shall not do so unless it is satisfied— (a) that the need for the extension is due to— (i) the illness or absence of the accused, a necessary witness, a judge or a magistrate; (ii) a postponement which is occasioned by the ordering by the court of separate trials in the case of two or more accused or two or more offences; or (iii) some other good and sufficient cause; and (b) that the prosecution has acted with all due diligence and expedition. (3) In subsection (4) of that section, for the words from “the accused” to the end there shall be substituted the words “ the appropriate court shall stay the proceedings ”. (4) In subsection (6) of that section— (a) for the word “Where” there shall be substituted the words “ Subsection (6A) below applies where ”; and (b) for the words from “the overall time limit” to the end there shall be substituted the words “ and is accordingly unlawfully at large for any period. ” (5) After that subsection there shall be inserted the following subsection— (6A) The following, namely— (a) the period for which the person is unlawfully at large; and (b) such additional period (if any) as the appropriate court may direct, having regard to the disruption of the prosecution occasioned by— (i) the person’s escape or failure to surrender; and (ii) the length of the period mentioned in paragraph (a) above, shall be disregarded, so far as the offence in question is concerned, for the purposes of the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time. (6) In subsection (7) of that section, after the words “time limit,” there shall be inserted the words “ or to give a direction under subsection (6A) above, ”. (7) In subsection (8) of that section, after the words “time limit” there shall be inserted the words “ , or to give a direction under subsection (6A) above, ”. (8) After subsection (11) of that section there shall be inserted the following subsection— (11ZA) For the purposes of this section, proceedings for an offence shall be taken to begin when the accused is charged with the offence or, as the case may be, an information is laid charging him with the offence.

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44 Additional time limits for persons under 18.

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45 Re-institution of stayed proceedings.

After section 22A of the 1985 Act there shall be inserted the following section— Re-institution of proceedings stayed under section 22(4) or 22A(5). 22B (1) This section applies where proceedings for an offence (“the original proceedings”) are stayed by a court under section 22(4) or 22A(5) of this Act. (2) If— (a) in the case of proceedings conducted by the Director, the Director or a Chief Crown Prosecutor so directs; (b) in the case of proceedings conducted by the Director of the Serious Fraud Office, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, that Director or those Commissioners so direct; or (c) in the case of proceedings not conducted as mentioned in paragraph (a) or (b) above, a person designated for the purpose by the Secretary of State so directs, fresh proceedings for the offence may be instituted within a period of three months (or such longer period as the court may allow) after the date on which the original proceedings were stayed by the court. (3) Fresh proceedings shall be instituted as follows— (a) where the original proceedings were stayed by the Crown Court, by preferring a bill of indictment; (b) where the original proceedings were stayed by a magistrates’ court, by laying an information. (4) Fresh proceedings may be instituted in accordance with subsections (2) and (3)(b) above notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980 (limitation of time). (5) Where fresh proceedings are instituted, anything done in relation to the original proceedings shall be treated as done in relation to the fresh proceedings if the court so directs or it was done— (a) by the prosecutor in compliance or purported compliance with section 3, 4, 7 or 9 of the Criminal Procedure and Investigations Act 1996; or (b) by the accused in compliance or purported compliance with section 5 or 6 of that Act. (6) Where a person is convicted of an offence in fresh proceedings under this section, the institution of those proceedings shall not be called into question in any appeal against that conviction.

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46 Date of first court appearance in bail cases.

(1) In subsection (3) of section 47 of the 1984 Act (bail after arrest), for the words “subsection (4)” there shall be substituted the words “ subsections (3A) and (4) ”. (2) After that subsection there shall be inserted the following subsection— (3A) Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, he shall appoint for the appearance— (a) a date which is not later than the first sitting of the court after the person is charged with the offence; or (b) where he is informed by the clerk to the justices for the relevant petty sessions area that the appearance cannot be accommodated until a later date, that later date.

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47 Powers of youth courts.

(1) Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time— (a) before the start of the trial; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . remit the person for trial . . . to a magistrates’ court (other than a youth court) . . . . In this subsection “the start of the trial” shall be construed in accordance with section 22(11B) of the 1985 Act. (2) Where a person is remitted under subsection (1) above— (a) he shall have no right of appeal against the order of remission; (b) the remitting court shall adjourn proceedings in relation to the offence; and (c) subsections (3) and (4) below shall apply. (3) The following, namely— (a) section 128 of the 1980 Act; and (b) all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings, shall have effect in relation to the remitting court’s power or duty to remand the person on the adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted (“the other court”). (4) The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court. (5) After subsection (3) of section 10 of the 1980 Act (adjournment of trial) there shall be inserted the following subsection— (3A) A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact— (a) that the court commits the accused for trial for another offence; or (b) that the accused is charged with another offence. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In subsection (2) of section 47 (procedure in youth courts) of the Children and Young Persons Act 1933 (“the 1933 Act”), the words from the beginning to “court; and” shall cease to have effect.

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48 Youth courts: power of stipendiary magistrates to sit alone.

(1) In paragraph 15 of Schedule 2 to the 1933 Act (constitution of youth courts)— (a) in paragraph (a), after the word “shall”, in the first place where it occurs, there shall be inserted the words “either consist of a metropolitan stipendiary magistrate sitting alone or” and the word “shall”, in the other place where it occurs, shall cease to have effect; (b) in paragraph (b), after the words “the chairman” there shall be inserted the words “(where applicable)”; and (c) in paragraph (c), after the words “the other members” there shall be inserted the words “(where applicable)”. (2) In paragraph 17 of that Schedule, the words “or, if a metropolitan stipendiary magistrate, may sit alone” shall cease to have effect.

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49 Powers of magistrates’ courts exercisable by single justice etc.

(1) The following powers of a magistrates’ court for any area may be exercised by a single justice of the peace for that area, namely— (a) to extend bail or to impose or vary conditions of bail; (b) to mark an information as withdrawn; (c) to dismiss an information, or to discharge an accused in respect of an information, where no evidence is offered by the prosecution; (d) to make an order for the payment of defence costs out of central funds; (e) to request a pre-sentence report following a plea of guilty and, for that purpose, to give an indication of the seriousness of the offence; (f) to request a medical report and, for that purpose, to remand the accused in custody or on bail; (g) to remit an offender to another court for sentence; (h) where a person has been granted police bail to appear at a magistrates’ court, to appoint an earlier time for his appearance; (i) to extend, with the consent of the accused, a custody time limit or an overall time limit; (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (k) where an accused has been convicted of an offence, to order him to produce his driving licence; (l) to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court; (m) to give, vary or revoke directions for the conduct of a trial, including directions as to the following matters, namely— (i) the timetable for the proceedings; (ii) the attendance of the parties; (iii) the service of documents (including summaries of any legal arguments relied on by the parties); (iv) the manner in which evidence is to be given; and (n) to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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50 Early administrative hearings.

(1) Where a person (“the accused”) has been charged with an offence at a police station, the magistrates’ court before whom he appears or is brought for the first time in relation to the charge may, ..., consist of a single justice. (2) At a hearing conducted by a single justice under this section — (a) the accused shall be asked whether he wishes to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and (b) if he indicates that he does, the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) At such a hearing the single justice— (a) may exercise, subject to subsection (2) above, such of his powers as a single justice as he thinks fit; and (b) on adjourning the hearing, may remand the accused in custody or on bail. (4) Where the powers of a single justice are exercised by a person authorised under section 67B(2) of the Courts Act 2003, nothing in subsection (3)(b) above authorises the person to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed. (4A) A hearing conducted by a single justice under this section may be— (a) adjourned to enable the decision mentioned in subsection (2A) above to be taken, and (b) subsequently resumed by a single justice. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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50A Order of consideration for either-way offences

(1) Where an adult appears or is brought before a magistrates' court charged with an either-way offence (the “relevant offence”), the court shall proceed in the manner described in this section. (2) If notice is given in respect of the relevant offence under section 51B or 51C below, the court shall deal with the offence as provided in section 51 below. (3) Otherwise— (a) if the adult (or another adult with whom the adult is charged jointly with the relevant offence) is or has been sent to the Crown Court for trial for an offence under section 51(2)(a) or 51(2)(c) below— (i) the court shall first consider the relevant offence under subsection (3), (4), (5) or, as the case may be, (6) of section 51 below and, where applicable, deal with it under that subsection; (ii) if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of sub-paragraph (i) above, the court shall then proceed to deal with the relevant offence in accordance with sections 17A to 23 of the 1980 Act; (b) in all other cases— (i) the court shall first consider the relevant offence under sections 17A to 20 (excluding subsections (8) and (9) of section 20) of the 1980 Act; (ii) if, by virtue of sub-paragraph (i) above, the court would be required to proceed in relation to the offence as mentioned in section 17A(6), 17B(2)(c) or 20(7) of that Act (indication of guilty plea), it shall proceed as so required (and, accordingly, shall not consider the offence under section 51 or 51A below); (iii) if sub-paragraph (ii) above does not apply— (a) the court shall consider the relevant offence under sections 51 and 51A below and, where applicable, deal with it under the relevant section; (b) if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of paragraph (a) of this sub-paragraph, the court shall then proceed to deal with the relevant offence as contemplated by section 20(9) or, as the case may be, section 21 of the 1980 Act. (4) Subsection (3) above is subject to any requirement to proceed as mentioned in subsections (2) or (6)(a) of section 22 of the 1980 Act (certain offences where value involved is small). (5) Nothing in this section shall prevent the court from committing the adult to the Crown Court for sentence pursuant to any enactment, if he is convicted of the relevant offence.

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51 Sending cases to the Crown Court: adults

(1) Where an adult appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (2) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence. (2) Those conditions are— (a) that the offence is an offence triable only on indictment other than one in respect of which notice has been given under section 51B or 51C below; (b) that the offence is an either-way offence and the court is required under section 20(9)(b), 21, 22A(2)(b), 23(4)(b) or (5) or 25(2D) of the Magistrates' Courts Act 1980 to proceed in relation to the offence in accordance with subsection (1) above; (c) that notice is given to the court under section 51B or 51C below in respect of the offence. (3) Where the court sends an adult for trial under subsection (1) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which— (a) (if it is an either-way offence) appears to the court to be related to the offence mentioned in subsection (1) above; or (b) (if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (1) above or to the either-way offence, and which fulfils the requisite condition (as defined in subsection (11) below). (4) Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates' court charged with an either-way or summary offence which— (a) appears to the court to be related to the offence mentioned in subsection (1) above; and (b) (in the case of a summary offence) fulfils the requisite condition, the court may send him forthwith to the Crown Court for trial for the either-way or summary offence. (5) Where— (a) the court sends an adult (“A”) for trial under subsection (1) or (3) above; (b) another adult appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an either-way offence; and (c) that offence appears to the court to be related to an offence for which A was sent for trial under subsection (1) or (3) above, the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence. (6) Where the court sends an adult for trial under subsection (5) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which— (a) (if it is an either-way offence) appears to the court to be related to the offence for which he is sent for trial; and (b) (if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the either-way offence, and which fulfils the requisite condition. (7) Where— (a) the court sends an adult (“A”) for trial under subsection (1), (3) or (5) above; and (b) a child or young person appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an indictable offence for which A is sent for trial under subsection (1), (3) or (5) above, or an indictable offence which appears to the court to be related to that offence, the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence. (8) Where the court sends a child or young person for trial under subsection (7) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which— (a) (if it is an indictable offence) appears to the court to be related to the offence for which he is sent for trial; and (b) (if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the indictable offence, and which fulfils the requisite condition. (9) Subsections (7) and (8) above are subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain cases involving children and young persons to be tried summarily). (10) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption. (11) A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving. (12) In the case of an adult charged with an offence— (a) if the offence satisfies paragraph (c) of subsection (2) above, the offence shall be dealt with under subsection (1) above and not under any other provision of this section or section 51A below; (b) subject to paragraph (a) above, if the offence is one in respect of which the court is required to, or would decide to, send the adult to the Crown Court under— (i) subsection (5) above; or (ii) subsection (6) of section 51A below, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51A below. (13) The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice.

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