(1) This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph or pseudo-photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—
(a) were married or civil partners of each other , or
(b) lived together as partners in an enduring family relationship.
(2) This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph or pseudo-photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—
(a) were married or civil partners of each other , or
(b) lived together as partners in an enduring family relationship.
(3) This section applies whether the photograph or pseudo-photograph showed the child alone or with the defendant, but not if it showed any other person.
(4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph or pseudo-photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.
161 Possession of indecent photographs of children: Scotland.
(1) The following section shall be inserted after section 52 of the Civic Government (Scotland) Act 1982—
Possession of indecent photographs of children.
52A (1) It is an offence for a person to have any indecent photograph of a child (meaning in this section a person under the age of 16) in his possession.
(2) Where a person is charged with an offence under subsection (1), it shall be a defence for him to prove—
(a) that he had a legitimate reason for having the photograph in his possession; or
(b) that he had not himself seen the photograph and did not know, nor had any cause to suspect, it to be indecent; or
(c) that the photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
(3) A person shall be liable on summary conviction of an offence under this section to a fine not exceeding level 5 on the standard scale.
(4) Subsections (2) and (8) of section 52 of this Act shall have effect for the purposes of this section as they have for the purposes of that section.
.
(2) Section 52A of that Act shall not have effect in relation to anything done before it comes into force.
The following section shall be inserted after section 16 of the Video Recordings Act 1984—
Enforcement.
16A (1) The functions of a local weights and measures authority include the enforcement in their area of this Act.
(2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of this Act by such an authority as in relation to the enforcement of that Act—
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and documents),
section 29 (obstruction of authorised officers), and
section 33 (compensation for loss, &c. of goods seized under s. 28).
(3) Nothing in this section shall be taken as authorising a local weights and measures authority in Scotland to initiate proceedings for an offence.
(4) Subsection (1) above does not apply in relation to the enforcement of this Act in Northern Ireland, but the functions of the Department of Economic Development include the enforcement of this Act in Northern Ireland.
For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.
(5) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if the provisions of this Act were contained in that Act and as if the functions of any person in relation to the enforcement of this Act were functions under that Act.
.
166 Costs and expenses of prosecution witnesses and other persons.
(1) Section 14 of the Prosecution of Offences Act 1985 (control of certain fees and expenses etc. paid by Crown Prosecution Service) shall be amended as follows—
(a) at the end of paragraph (b) of subsection (1) there shall be added the words “and, subject to subsection (1A) below, of any other person who in the opinion of the Service necessarily attends for the purpose of the case otherwise than to give evidence";
(b) the following subsections shall be inserted after that subsection—
(1A) The power conferred on the Attorney General by subsection (1)(b) above only relates to the costs and expenses of an interpreter if the interpreter is required because of the lack of English of a person attending to give evidence at the instance of the Service.
(1B) In subsection (1)(b) above “attending” means attending at the court or elsewhere.
; and
(c) the following subsection shall be inserted after subsection (2)—
(3) Regulations made under subsection (1)(b) above may provide that scales or rates of costs and expenses shall be determined by the Attorney General with the consent of the Treasury.
.
(2) In paragraph (a) of section 19(3) of that Act (regulations as to payment out of central funds) after the word “proceedings" there shall be inserted the words “, and any other person who in the opinion of the court necessarily attends for the purpose of the proceedings otherwise than to give evidence,".
(3) The following subsection shall be inserted after that subsection—
(3A) In subsection (3)(a) above “attendance” means attendance at the core elsewhere.
.
(4) The amendments made by subsections (2) and (3) above shall be deemed to have come into force on 1st October 1986.
(5) In Schedule 1 to the Criminal Justice Act 1987 (control of certain fees and expenses etc. paid by Serious Fraud Office)—
(a) in sub-paragraph (1)(b) of paragraph 8, for the word “to" in the third place it occurs there shall be substituted the word “of"; and
(b) the following sub-paragraph shall be inserted after sub-paragraph (4) of that paragraph—
(5) In sub-paragraph (1)(b) above “attends” means attends at the court or elsewhere.
167 Acquisition of easements etc. under Prison Act 1952.
The power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952 (acquisition of land for prisons) shall include and be deemed always to have included power to purchase easements and other rights over land, including easements and other rights not previously in existence.
(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of any provision of this Act to which this section applies—
(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
(b) shall be subject to annulment in pursuance of a resolution of either House.
(2) The provisions of this Act to which this section applies are—
sections 23 to 27;
section 28;
sections 29 to 34;
section 44(3) and (4);
section 47;
section 144;
section 160.
There shall be paid out of money provided by Parliament—
(a) any expenses incurred under this Act by a Minister of the Crown; and
(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
170 Minor and consequential amendments and repeals.
(1) The enactments mentioned in Schedule 15 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on the foregoing provisions of this Act).
(2) The enactments mentioned in Schedule 16 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule but subject to the Notes at the end of the Schedule.
(1) Subject to the following provisions of this section, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.
(2) An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with any provision thereby brought into force . . ..
(3) . . ..
(4) . . ..
(5) The following provisions shall come into force on the day this Act is passed—
section 66;
section 67;
section 103(1), so far as it relates—
(a) to the addition of two subsections at the end of section 8 of the Drug Trafficking Offences Act 1986;
(b) to the insertion of a new subsection in section 24 of that Act; and
(c) to the substitution of two new sections for section 26 of that Act;
section 129;
section 132, so far as it relates to the Local Government Finance Act 1982;
section 141;
section 142;
section 143;
section 144;
section 149;
section 166;
section 167;
section 168;
section 169;
subsection (1) of section 170, so far as relating to the following—
section 112A(1) of the Land Registration Act 1925;
the extension of references in the Children and Young Persons Act 1933 to the offences mentioned in Schedule 1 to that Act so as to include offences under Part I of the Child Abduction Act 1984;
the Visiting Forces Act 1952;
section 67(6) of the Criminal Justice Act 1967;
section 29 of the Children and Young Persons Act 1969;
section 6(1) of the Juries Act 1974;
sections 171 and 368 of and Schedule 1 to the Criminal Procedure (Scotland) Act 1975;
the Child Care Act 1980;
sections 37 and 133 of the Magistrates’ Courts Act 1980;
section 52(7) of the Civic Government (Scotland) Act 1982;
the Criminal Justice Act 1982;
the Police and Criminal Evidence Act 1984;
the Prosecution of Offences Act 1985;
the Criminal Justice Act 1987;
the Criminal Justice (Scotland) Act 1987;
subsection (2) of that section, so far as relating to the following—
section 49 of the Criminal Justice Act 1967;
section 29 of the Children and Young Persons Act 1969;
the Criminal Justice Act 1987;
this section;
sections 172 and 173.
(6) The following provisions—
section 44;
section 45;
section 46;
section 47;
section 48;
section 58;
section 64;
section 68;
section 69;
section 134;
section 135;
section 136;
section 137;
section 138;
section 139;
section 140;
section 158;
sections 160 and 161;
subsection (1) of section 170, so far as relating to the Sexual Offences (Amendment) Act 1976, the Protection of Children Act 1978 and section 6(5) of the Magistrates’ Courts Act 1980;
subsection (2) of that section, so far as relating to the following—
the Prevention of Corruption Act 1916;
Schedule 3 to the Criminal Justice Act 1967;
section 28(3) of the Criminal Justice Act 1972;
the Sexual Offences (Amendment) Act 1976;
the Protection of Children Act 1978;
the Cable and Broadcasting Act 1984;
section 24(2)(e) of the Police and Criminal Evidence Act 1984,
shall come into force at the end of the period of two months beginning with the day this Act is passed.
(7) Section 162 above shall come into force—
(a) on the day appointed under section 23(2) of the Video Recordings Act 1984 for the coming into force of the provisions of that Act not in force at the passing of this Act; or
(b) on the passing of this Act,
whichever is the later.
(1) Subject to the following provisions of this section, and to sections 19, 20 and 21 above, this Act extends to England and Wales only.
(2) The following provisions extend also to Scotland—
Part I;
sections 44 to 48;
section 50;
section 57;
section 63;
section 68;
section 76(3);
section 77(10) and (11);
section 82;
sections 84 to 88;
sections 93A to 93D;
sections 93F and 93G
section 94;
section 102, so far as relating to other provisions of this Act extending to Scotland;
sections 108 to 115 and 117;
section 133;
section 134;
section 136;
section 137;
sections 141 141A and 142;
section 143;
section 145(a) and (b);
section 162;
section 170;
section 171;
this section; and
section 173.
(3) The following provisions extend also to Northern Ireland—
Part I;
Part IV;
section 50;
section 133;
sections 133 to 133B, with the exception of paragraph 5(ba) of Schedule 12 which extends to England and Wales and Scotland only
section 135;
section 136;
section 137;
section 139;
section 139A;
section 139B;
section 141;
section 142;
section 143;
section 152;
section 159;
section 162;
section 166(5);
section 170;
section 171;
this section; and
section 173;
(4) The following provisions—
section 56;
sections 90 to 93;
section 93E
section 103(2);
section 116;
section 124;
section 141ZA;
section 141C;
section 161;
extend to Scotland only.
(5) Section 95 above extends only to Scotland and Northern Ireland.
(6) Sections 145(c), 149 and 168 and paragraph 5(bb), 5(bc) and 5(bd) of Schedule 12 above extend to Northern Ireland only.
(7) Nothing in subsection (1) above affects the extent of section 146 or Schedule 13.
(10) Section 158 above extends—
(a) to Scotland, so far as it relates to courts-martial; and
(b) to Northern Ireland, so far as it relates to courts-martial and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) of the Sexual Offences (Amendment) Act 1976 as adapted by section 5(1)(b) of that Act.
(11) The extent of any amendment of an enactment in Schedule 15 to this Act is the same as that of the enactment amended, except that the amendments of the Offences against the Person Act 1861 do not extend to Northern Ireland.
(12) The extent of any repeal of an enactment in Schedule 16 to this Act is the same as that of the enactment repealed, subject to the Notes at the end of the Schedule.
1 Where a statement is admitted as evidence in criminal proceedings by virtue of Part II of this Act—
(a) any evidence which, if the person making the statement had been called as a witness, would have been admissible as relevant to his credibility as a witness shall be admissible for that purpose in those proceedings;
(b) evidence may, with the leave of the court, be given of any matter which, if that person had been called as a witness, could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party; and
(c) evidence tending to prove that that person, whether before or after making the statement, made (whether orally or not) some other statement which is inconsistent with it shall be admissible for the purpose of showing that he has contradicted himself.
2 A statement which is given in evidence by virtue of Part II of this Act shall not be capable of corroborating evidence given by the person making it.
3 In estimating the weight, if any, to be attached to such a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.
4 Without prejudice to the generality of any enactment conferring power to make them, Criminal Procedure Rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of Part II of this Act.
5 Expressions used in Part II of this Act and in Part I of the Civil Evidence Act 1968 are to be construed in Part II of this Act in accordance with section 10 of that Act.
6 In Part II of this Act “confession has the meaning assigned to it by section 82 of the Police and Criminal Evidence Act 1984.
Section 36.
1 (1) Notice of an application for leave to refer a case to the Court of Appeal under section 36 above shall be given within 28 days from the day on which the sentence, or the last of the sentences, in the case was passed ; but in England and Wales this is subject to sub-paragraphs (2) and (5).
(2) Where—
(a) the Attorney General receives a request to review the sentencing of a person, and
(b) the request is received in the last 14 days of the 28-day period mentioned in sub-paragraph (1),
notice of an application for leave to refer the case in question to the Court of Appeal under section 36 may be given within 14 days from the day on which the request is received.
(3) For the purposes of this Part, a certificate of the Attorney General as to the date on which a request to review the sentencing of a person was received is conclusive evidence of that fact.
(4) Where more than one request to review the sentencing of a person is received, references in sub-paragraphs (2) and (3) to a request are to the first request that is received.
2 If the registrar of criminal appeals is given notice of a reference or application to the Court of Appeal under section 36 above, he shall—
(a) take all necessary steps for obtaining a hearing of the reference or application; and
(b) obtain and lay before the Court in proper form all documents, exhibits and other things which appear necessary for the proper determination of the reference or application.
3 Rules of court may enable a person to whose sentencing such a reference or application relates to obtain from the registrar any documents or things, including copies or reproductions of documents, required for the reference or application and may authorise the registrar to make charges for them in accordance with scales and rates fixed from time to time by the Treasury.
4 An application to the Court of Appeal for leave to refer a case to the Supreme Court under section 36(5) above shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review of the case; and an application to the Supreme Court for leave shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review or refuse leave to refer the case to the Supreme Court .
5 The time during which a person whose case has been referred for review under section 36 above is in custody pending its review and pending any reference to the Supreme Court under subsection (5) of that section shall be reckoned as part of the term of any sentence to which he is for the time being subject.
6 Except as provided by paragraphs 7 and 8 below, a person whose sentencing is the subject of a reference to the Court of Appeal under section 36 above shall be entitled to be present, if he wishes it, on the hearing of the reference, although he may be in custody.
7 A person in custody shall not be entitled to be present—
(a) on an application by the Attorney General for leave to refer a case; or
(b) on any proceedings preliminary or incidental to a reference,
unless the Court of Appeal give him leave to be present.
8 The power of the Court of Appeal to pass sentence on a person may be exercised although he is not present.
9 A person whose sentencing is the subject of a reference to the Supreme Court under section 36(5) above and who is detained pending the hearing of that reference shall not be entitled to be present on the hearing of the reference or of any proceeding preliminary or incidental thereto except where an order of the Supreme Court authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.
10 The term of any sentence passed by the Court of Appeal or Supreme Court under section 36 above shall, unless they otherwise direct, begin to run from the time when it would have begun to run if passed in the proceeding in relation to which the reference was made.
11 (1) Where on a reference to the Court of Appeal under section 36 above or a reference to the the Supreme Court under subsection (5) of that section the person whose sentencing is the subject of the reference appears by counsel for the purpose of presenting any argument to the Court of Appeal or the Supreme Court , he shall be entitled ... to the payment out of central funds of such funds as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this paragraph shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, under Supreme Court Rules .
(2) Sub-paragraph (1) has effect subject to—
(a) sub-paragraph (3), and
(b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this paragraph).
(3) A person is not entitled under sub-paragraph (1) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal.
(4) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to funds payable out of central funds under sub-paragraph (1) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.
12 In the application of this Schedule to Northern Ireland—
(a) any reference to the Attorney General shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland;
(b) any reference (except in paragraph 11(1)) to the registrar of criminal appeals shall be construed as a reference to the Master (Queen’s Bench and Appeals);
(c) the reference in paragraph 11(1) to central funds shall be construed as a reference to money provided by Parliament;
(d) the reference in paragraph 11(1) to the registrar of criminal appeals shall be construed as a reference to the Master (Taxing Office);
(da) paragraph 1 has effect as if sub-paragraphs (2) to (5) were omitted;
(e) paragraph 11 has effect as if sub-paragraphs (2) to (4) were omitted.
Section 71.
Part I Offences in Respect of which Magistrates’ Courts may make Confiscation Orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Orders Varying List of Offences
1 The Secretary of State may by order made by statutory instrument amend Part I of this Schedule by removing any offence from or adding any offence to the offences listed in it.
2 A statutory instrument containing an order under paragraph 1 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Part I
1 The Drug Trafficking Offences Act 1986 shall be amended as follows.
2 In section 7 (cases in which restraint orders and charging orders may be made)—
(a) in subsection (2)(a) for the words from “an" to “committed" there shall be substituted the words “whether by the laying of an information or otherwise, a person is to be charged with"; and
(b) in subsection (4), for the words “the proposed proceedings are not instituted" there shall be substituted the words “proceedings in respect of the offence are not instituted (whether by the laying of an information or otherwise)".
3 (1) The following subsection shall be inserted after subsection (5) of section 8 (restraint orders)—
(5A) An application for the discharge or variation of a restraint order may be made by any person affected by it.
.
(2) The following subsections shall be added at the end of that section—
(10) The Land Charges Act 1972 and the Land Registration Act 1925 shall apply—
(a) in relation to restraint orders, as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognisances; and
(b) in relation to applications for restraint orders, as they apply in relation to other pending land actions.
(11) The prosecutor shall be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which a restraint order or an application for such an order relates.
.
4 (1) The following paragraphs shall be substituted for subsection (3)(a) and (b) of section 9 (charging orders in respect of land, securities etc.)—
(a) may be made only on an application by the prosecutor;
(b) may be made on an ex parte application to a judge in chambers;
(c) shall provide for notice to be given to persons affected by the order; and
(d) may be made subject to such conditions as the court thinks fit and, without prejudice to the generality of this paragraph, such conditions as it thinks fit as to the time when the charge is to become effective
.
(2) The following subsection shall be added at the end of that section—
(8) An application for the discharge or variation of a charging order may be made by any person affected by it.
.
5 Subsection (1) of section 10 of that Act (charging orders: supplementary provisions) shall cease to have effect.
6 (1) Section 12 (application of proceeds of realisation and other sums) shall be amended as follows.
(2) In subsection (1), after the word “shall" there shall be inserted the words “first be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under section 17A(2) of this Act and then shall,".
(3) In subsection (3), for the words from “sum", in the second place where it occurs, to “balance" there shall be substituted the words
justices’ clerk shall apply the money received for the purposes specified in this section and in the order so specified.
(4) The justices’ clerk shall first pay any expenses incurred by a person acting as an insolvency practitioner and payable under section 17A(2) of this Act but not already paid under subsection (1) above.
(5) If the money was paid to the justices’ clerk by a receiver appointed under section 8 or 11 of this Act or in pursuance of a charging order the justices’ clerk shall next pay the receiver’s remuneration and expenses.
(6) After making—
(a) any payment required by subsection (4) above; and
(b) in a case to which subsection (5) above applies, any payment required by that subsection,
the justices’ clerk shall reimburse any amount paid under section 18(2) of this Act.
(7) Any balance in the hands of the justices’ clerk after he has made all payments required by the foregoing provisions of this section
.
7 In section 15 (bankruptcy of defendant etc.)—
(a) subsection (5)(b) and (c) shall cease to have effect; and
(b) the following paragraph shall be substituted for subsection (7)(d)—
(d) subsection (2)(b) is omitted.
.
8 (1) Section 16 (sequestration in Scotland of defendant etc.) shall be amended as follows.
(2) At the end of subsection (2) there shall be inserted the words “and it shall not be competent to submit a claim in relation to the confiscation order to the permanent trustee in accordance with section 48 of that Act".
(3) The following subsection shall be substituted for subsection (5)—
(5) Where, during the period before sequestration is awarded, an interim trustee stands appointed under the proviso to section 13(1) of that Act and any property in the debtor’s estate is subject to a restraint order, the powers conferred on the trustee by virtue of that Act do not apply to property for the time being subject to the restraint order.
.
9 In subsection (1) of section 17 (winding up of company holding realisable property) the words from “but" to the end shall cease to have effect.
10 The following section shall be inserted after that section—
Insolvency officers dealing with property subject to restraint order.
17A (1) Without prejudice to the generality of any enactment contained in the Insolvency Act 1986 or in any other Act, where—
(a) any person acting as an insolvency practitioner seizes or disposes of any property in relation to which his functions are not exercisable because it is for the time being subject to a restraint order; and
(b) at the time of the seizure or disposal he believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of an order of the court or otherwise) to seize or dispose of that property,
he shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence in so acting; and a person so acting shall have a lien on the property, or the proceeds of its sale, for such of his expenses as were incurred in connection with the liquidation, bankruptcy or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his remuneration as may reasonably be assigned for his acting in connection with those proceedings.
(2) Any person who, acting as an insolvency practitioner, incurs expenses—
(a) in respect of such property as is mentioned in paragraph (a) of subsection (1) above and in so doing does not know and has no reasonable grounds to believe that the property is for the time being subject to a restraint order; or
(b) other than in respect of such property as is so mentioned, being expenses which, but for the effect of a restraint order, might have been met by taking possession of and realising the property,
shall be entitled (whether or not he has seized or disposed of that property so as to have a lien under that subsection) to payment of those expenses under section 12(1) or (3)(za) of this Act.
(3) In this Act, the expression “acting as an insolvency practitioner” shall be construed in accordance with section 388 (interpretation) of the said Act of 1986 except that for the purposes of such construction the reference in subsection (2)(a) of that section to a permanent or interim trustee in sequestration shall be taken to include a reference to a trustee in sequestration and subsection (5) of that section (which provides that nothing in the section is to apply to anything done by the official receiver) shall be disregarded; and the expression shall also comprehend the official receiver acting as receiver or manager of the property.
.
11 In subsection (2) of section 18 (receivers: supplementary provisions) for “(3)(a)" there shall be substituted “(3B)".
12 In section 19 (compensation)—
(a) in paragraph (b)(i) of subsection (1), the words “(and no conviction for any drug trafficking offence is substituted)" shall cease to have effect;
(b) at the end of that subsection there shall be added the words “if, having regard to all the circumstances, it considers it appropriate to make such an order";
(c) in subsection (2)—
(i) the words “and that, but for that default, the proceedings would not have been instituted or continued,"; and
(ii) in paragraph (b), the word “substantial",
shall cease to have effect; and
(d) the following subsection shall be inserted after that subsection—
(2A) The Court shall not order compensation to be paid in any case where it appears to the Court that the proceedings would have been instituted or continued if the serious default had not occurred.
.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
14 (1) The following paragraph shall be substituted for subsection (1)(d) of section 25 (enforcement of Northern Ireland orders)—
(d) the references to the laying of an information in section 7(2) and (4) of this Act included references to making a complaint under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981.
.
(2) In subsection (3) of that section the words “varying or revoking a previous Order in Council" shall cease to have effect.
15 The following sections shall be substituted for section 26—
Enforcement of other external orders.
26 (1) Her Majesty may by Order in Council—
(a) direct in relation to a country or territory outside the United Kingdom designated by the Order (“a designated country") that, subject to such modifications as may be specified, this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;
(b) make—
(i) such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order; and
(ii) such provision as to evidence or proof of any matter for the purposes of this section and section 26A below; and
(iii) such incidental, consequential and transitional provision,
as appears to Her Majesty to be expedient; and
(c) without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.
(2) In this Act—
“external confiscation order” means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value; and
“modifications” includes additions, alterations and omissions.
(3) An Order in Council under this section may make different provision for different cases or classes of case.
(4) The power to make an Order in Council under this section includes power to modify this Act in such a way as to confer power on a person to exercise a discretion.
(5) An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
Registration of external confiscation orders.
26A (1) On an application made by or on behalf of the Government of a designated country, the High Court may register an external confiscation order made there if—
(a) it is satisfied that at the time of registration the order is in force and not subject to appeal;
(b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and
(c) it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
(2) In subsection (1) above “appeal” includes—
(a) any proceedings by way of discharging or setting aside a judgment; and
(b) an application for a new trial or a stay of execution.
(3) The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
.
16 The following subsections shall be substituted for subsections (12) and (13) of section 38 (general interpretation)—
(12) Proceedings for an offence are concluded—
(a) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings;
(b) on the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).
(13) An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.
17 In section 40(4) (effect of Act in Scotland), in paragraph (b), for “17" there shall be substituted “17A".
Part II Amendments of Criminal Justice (Scotland) Act 1987
18 The Criminal Justice (Scotland) Act 1987 shall be amended as follows.
19 In section 1 (confiscation orders) in paragraph (b) of subsection (2) after the words “restriction on importation" there shall be inserted the words “and exportation".
20 In subsection (6)(a) of section 11 (which applies the provisions of that section to restraint orders under the Drug Trafficking Offences Act 1986 registered in Scotland) after the word “information" there shall be inserted the words “in respect of the charge".
21 In subsection (3) of section 16 (application of proceeds of realisation and other sums) for the words from “sum", in the second place where it occurs, to “applied", in the third place where it occurs, there shall be substituted the words
sheriff clerk shall apply the money received—
(a) first, in payment of any expenses to payment of which a person is entitled under section 37(2) of this Act but which were not paid to him under subsection (1) above;
(b) next, in payment of the administrator’s remuneration and expenses;
(c) next,
.
22 In section 34(6)(d) (bankruptcy in England and Wales of person holding realisable property) for the words “subsections (2)(b) and (4) are" there shall be substituted the words “subsection (2)(b) is".
23 In subsection (5) of section 38 (order to permit entry to premises) after the word “constable" there shall be inserted the words “or person commissioned as aforesaid".
SCHEDULE 8 Custodial Sentences for Young Offenders
Section 123.
Part I Amendments
General
1 In any enactment for a reference to a detention centre or to a youth custody centre or to both there shall be substituted a reference to a young offender institution.
2 In any enactment except—
(a) section 21 of the Firearms Act 1968;
(b) Schedule 1 to the Juries Act 1974;
(c) section 5 of the Rehabilitation of Offenders Act 1974; and
(d) section 17(3) of the Criminal Justice Act 1982,
for a reference (however expressed) to a detention centre order or to a sentence of youth custody or to both there shall be substituted a reference to a sentence of detention in a young offender institution.
3 (1) In any enactment except—
(a) Part II of Schedule 1 to the Juries Act 1974;
(b) section 5 of the Rehabilitation of Offenders Act 1974; and
(c) sections . . . 17(3) of the Criminal Justice Act 1982,
for a reference to a sentence of Borstal training there shall be substituted a reference to a sentence of detention in a young offender institution.
(2) In any enactment for a reference to a Borstal institution there shall be substituted a reference to a young offender institution.
Army Act 1955 (c. 18)
Air Force Act 1955 (c. 19)
Naval Discipline Act 1957 (c. 53)
4 In subsection (6) –
(a) of section 71AA of the Army Act 1955 and the Air Force Act 1955; and
(b) of section 43AA of the Naval Discipline Act 1957,
(each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (a)—
(a) where the offender is in or removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;
5 In sub-paragraph (6) of paragraph 10—
(a) of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and
(b) of Schedule 4A to the Naval Discipline Act 1957,
(each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (a)—
(a) where the offender is removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;
Firearms Act 1968 (c. 27)
6 In section 21(1) and (2) of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime) after the words “youth custody" there shall be inserted the words “or detention in a young offender institution".
Employment Agencies Act 1973 (c. 35)
7 In section 13(7)(a)(ii) of the Employment Agencies Act 1973 for the words from “prison" to “institution", in the second place where it occurs, there shall be substituted the words “custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;".
Juries Act 1974 (c. 23)
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Rehabilitation of Offenders Act 1974 (c. 53)
9 In section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods) the words “detention in a young offender institution" shall be inserted—
(a) in subsection (1)(b), after the words “youth custody"; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1982 (c. 48)
10 The following paragraph shall be inserted after paragraph (b) of section 17(3) of the Criminal Justice Act 1982 (restrictions on making attendance centre orders)—
(bb) to detention in a young offender institution
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Part II Transitional Provisions
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SCHEDULE 9 Detention of Young Offenders in Scotland
Section 124.
Part I AMENDMENTS
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Army Act 1955 (c. 18)
Air Force Act 1955 (c. 19)
Naval Discipline Act 1957 (c. 53)
2 In subsection (6)—
(a) of section 71AA of the Army Act 1955 and the Air Force Act 1955; and
(b) of section 43AA of the Naval Discipline Act 1957,
(each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (b)—
(b) where the offender is in or removed to Scotland, a young offenders institution;
.
3 In sub-paragraph (6) of paragraph 10—
(a) of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and
(b) of Schedule 4A to the Naval Discipline Act 1957,
(each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (b)—
(b) where the offender is removed to Scotland, a young offenders institution;
.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
4 In paragraph (b) of Part II (Persons Disqualified) of Schedule I to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 in sub-paragraph (i) for the words “or detention" there shall be substituted the words “detention or youth custody".
Criminal Justice (Scotland) Act 1980 (c. 62)
5 In section 41(2)(b)(ii) of the Criminal Justice (Scotland) Act 1980 after the words “detention in a" there shall be inserted the words “young offender institution or.".
Part II Transitional Provisions
6 An Offender who was ordered to be detained in a detention centre on a date before the commencement of section 124(1) of this Act shall, if the order has not expired at the commencement of that section, be treated for all purposes of detention, release and supervision as if he had been sentenced to detention for the like term in a young offenders institution.
7 A person who at the commencement of section 124 of this Act is detained in a detention centre by virtue of a custodial order—
(a) under section 71 AA of the Army Act 1955, section 71AA of the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957; or
(b) under paragraph 10 of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957,
shall be detained in such young offenders institution as the Secretary of State may direct, and any enactment applying to persons detained in young offenders institutions shall apply to a person so detained under this paragraph.
8 Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods) shall continue to apply as regards any person who, before the commencement of section 124(1) of this Act, had served a sentence of detention in a detention centre as if the said section 124(1) had not been commenced.
Part I Sections Substituted for Section 12 of Children and Young Persons Act 1969
Power to include requirements in supervision orders.
12 (1) A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section or by section 12A, 12B or 12C below.
(2) Subject to section 19(12) of this Act, a supervision order may require the supervised person to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things—
(a) to live at a place or places specified in the directions for a period or periods so specified;
(b) to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;
(c) to participate in activities specified in the directions on a day or days so specified;
but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by section 12B(1) of this Act.
(3) The total number of days in respect of which a supervised person may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of subsection (2) above in pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this subsection; and for the purpose of calculating the total number of days in respect of which such directions may be given the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.
Young offenders.
12A (1) Subject to subsection (2) of this section, this subsection applies to—
(a) any supervision order made under section 7(7) of this Act in respect of a child or young person found guilty as there mentioned; and
(b) any supervision order made in respect of a person under section 21(2) of this Act by a court on discharging a care order made in respect of him under the said section 7(7).
(2) Subsection (1) of this section does not apply to any supervision order which by virtue of section 12(2) above requires the supervised person to comply with directions given by the supervisor.
(3) Subject to the following provisions of this section and to section 19(13) of this Act, a supervision order to which subsection (1) of this section applies may require a supervised person—
(a) to do anything that by virtue of section 12(2) of this Act a supervisor has power, or would but for section 19(12) of this Act have power, to direct a supervised person to do;
(b) to remain for specified periods between 6 p.m. and 6 a.m.—
(i) at a place specified in the order; or
(ii) at one of several places so specified;
(c) to refrain from participating in activities specified in the order—
(i) on a specified day or days during the period for which the supervision order is in force; or
(ii) during the whole of that period or a specified portion of it.
(4) Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised.
(5) The total number of days in respect of which a supervised person may be subject to requirements imposed by virtue of subsection (3)(a) or (b) above shall not exceed 90.
(6) The court may not include requirements under subsection (3) above in a supervision order unless—
(a) it has first consulted the supervisor as to-
(i) the offender’s circumstances; and
(ii) the feasibility of securing compliance with the requirements,
and is satisfied, having regard to the supervisor’s report, that it is feasible to secure compliance with them;
(b) having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences; and
(c) the supervised person or, if he is a child, his parent or guardian, consents to their inclusion.
(7) The court shall not include in such an order by virtue of subsection (3) above—
(a) any requirement that would involve the co-operation of a person other than the supervisor and the supervised person unless that other person consents to its inclusion; or
(b) any requirement requiring the supervised person to reside with a specified individual; or
(c) any such requirement as is mentioned in section 12B(1) of this Act.
(8) The place, or one of the places, specified in a requirement under subsection (3)(b) above (“a night restriction") shall be the place where the supervised person lives.
(9) A night restriction shall not require the supervised person to remain at a place for longer than 10 hours on any one night.
(10) A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.
(11) A night restriction shall not be imposed in respect of more than 30 days in all.
(12) A supervised person who is required by a night restriction to remain at a place may leave it if he is accompanied—
(a) by his parent or guardian;
(b) by his supervisor; or
(c) by some other person specified in the supervision order.
(13) A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.
Requirements as to mental treatment.
12B (1) Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—
(a) treatment by or under the direction of a fully registered medical practitioner specified in the order;
(b) treatment as a non-resident patient at a place specified in the order; or
(c) treatment as a resident patient in a hospital or mental nursing home within the meaning of the said Act of 1983, but not a special hospital within the meaning of that Act.
(2) A requirement shall not be included in a supervision order in pursuance of subsection (1) above—
(a) in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;
(b) in the case of an order made or to be made in respect of a person who has attained the age of 14, unless he consents to its inclusion;
and a requirement so included shall not in any case continue in force after the supervised person becomes 18.
Requirements as to education.
12C (1) Subject to subsection (3) below, a supervision order to which section 12A(1) of this Act applies may require a supervised person, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority.
(2) The court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.
(3) Expressions used in subsection (1) above and in the Education Act 1944 have the same meaning there as in that Act.
(4) The court may not include a requirement under subsection (1) above unless it has first consulted the supervisor as to the offender’s circumstances and, having regard to the circumstances of the case, it considers the requirement necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences.
Duty of court to state in certain cases that requirement in place of custodial sentence.
12D (1) Where—
(a) in pursuance of section 12A(3)(a) of this Act a court includes a requirement in a supervision order directing the supervised person to participate in specified activities; and
(b) it would have imposed a custodial sentence if it had not made a supervision order including such a requirement,
it shall state in open court—
(i) that it is making the order instead of a custodial sentence;
(ii) that it is satisfied that—
(a) the offender has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to any non-custodial penalty other than a supervision order including such a requirement; or
(b) only a supervision order including such a requirement or a custodial sentence would be adequate to protect the public from serious harm from him; or
(c) the offence for which he has been convicted or found guilty was so serious that a non-custodial sentence for it other than a supervision order including such a requirement could not be justified; and
(iii) why it is so satisfied.
(2) Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.
(3) Where a magistrates’ court makes such a statement, it shall certify in the supervision order that it has made such a statement and shall cause the statement to be entered in the register.
Part II Amendments Consequential on Substitution of Sections Set Out in Part 1 for Section 12
The amendments of the Children and Young Persons Act 1969 mentioned in section 128(2) above are—
the substitution of references to section 12A(3) for the references to section 12(3C) in . . . section 18(4) and section 19(1)(b) and (13);
the substitution of references to section 12B(1) for the references to section 12(4) in . . . section 16(6)(c) and (7); and
the insertion of “, 12A, 12B or 12C" after “section 12" in . . . section 16(5)(b) and (c) and (6)(a).
Part III
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Part IV Section Inserted After Section 16
Application of sections 17 to 19 of Criminal Justice Act 1982.
16A (1) The provisions of section 17 of the Criminal Justice Act 1982 (attendance centre orders) shall apply for the purposes of section 15(2A)(b) and (4)(a) of this Act but as if—
(a) in subsection (1), for the words from “has power" to “probation order" there were substituted the words “considers it appropriate to make an attendance centre order in respect of any person in pursuance of 1969 c. 54. section 15(2A) or (4) of the Children and Young Persons Act 1969";
(b) for references to an offender there were substituted references to a supervised person; and
(c) subsection (13) were omitted.
(2) Sections 18 and 19 of the Criminal Justice Act 1982 (discharge and variation of attendance centre order and breach of attendance centre orders or attendance centre rules) shall also apply for the purposes of each of those paragraphs but as if—
(a) for the references to an offender there were substituted references to the person in respect of whom the attendance centre order has been made; and
(b) there were omitted—
(i) from subsections (3) and (5) of section 19, the words “ , for the offence in respect of which the order was made," and “for that offence" ; and
(ii) from subsection (6), the words “for an offence".
Amendments of Schedule 3 to Powers of Criminal Courts Act 1973
1 Schedule 3 to the Powers of Criminal Courts Act 1973 shall be amended as follows.
2 In paragraph 4—
(a) in sub-paragraph (1), for the word “For" there shall be substituted the words “Subject to sub-paragraph (1A) below, for";
(b) the following sub-paragraph shall be inserted after that sub-paragraph—
(1A) Where two or more petty sessions areas outside the inner London area form a probation area or part of a probation area, the probation committee, if they think fit, may determine that there shall be one or more joint probation liaison committees for those petty sessions areas; and a joint committee shall consist of not less than three justices appointed by the justices acting for each of the petty sessions areas.
; and
(c) the following sub-paragraph shall be inserted after sub-paragraph (3)—
(4) A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.
.
3 The following paragraphs shall be inserted after paragraph 6—
6A Any probation committee may also co-opt one or more justices with experience of sitting as members of the Crown Court, and one or more stipendiary magistrates appointed in a commission area which is the same as or is situated within the probation area.
6B (1) The Secretary of State may by order provide that the probation committee for any probation area shall co-opt members of the local authority, or any of the local authorities, liable under paragraph 15 below to defray the expenses of the committee.
(2) An order under this paragraph may make such consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient in consequence of the order, including provision for such repeals in or modifications of this Schedule as appear to him to be necessary or expedient in consequence of it.
(3) Without prejudice to the generality of sub-paragraph (2) above, an order under this paragraph—
(a) may specify, either as a number or as a proportion of the members of the committee, how many persons may be co-opted to a committee and, where two or more authorities are liable to pay the expenses of a committee, how many persons may be co-opted from each of them;
(b) may provide for the procedure for co-opting persons to be followed by a committee;
(c) may require that such consultations as may be specified in the order shall be carried out before persons are so co-opted; and
(d) may disqualify persons of specified descriptions from being co-opted.
(4) An order under this paragraph may make different provision for different committees.
.
4 Paragraph 7 shall cease to have effect.
5 The following paragraph shall be substituted for paragraph 10(3)(a)—
(a) to appoint staff;
.
6 The following paragraph shall be inserted after paragraph 18(1)(a)—
(aa) limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;
.
Amendment of Local Government Finance Act 1982
8 In paragraph (l) of section 12(2) of the Local Government Finance Act 1982 (bodies whose accounts are subject to audit by Audit Commission), after the word “committee" there shall be inserted the words “, except the committee for the inner London area.".
SCHEDULE 12 Assessors of Compensation for Miscarriages of Justice
Section 133.
1 A person may only be appointed to be an assessor for the purposes of section 133 above if he is—
(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland;
(c) a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing; or
(d) a person who holds or has held judicial office in any part of the United Kingdom; or
(e) a member (whether the chairman or not) of the Criminal Injuries Compensation Board.
2 A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.
3 A person shall vacate office as an assessor—
(a) if he ceases to be qualified for appointment as an assessor; or
(b) on attaining the age of 72;
unless the Secretary of State considers that it is in the interests of the efficient operation of section 133 above that he should continue to hold office.
4 A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.
5 Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—
(a) he has been convicted of a criminal offence;
(b) he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors;
(ba) a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him;
(bb) he has become the subject of a bankruptcy restrictions order under Schedule 2A to the Insolvency (Northern Ireland) Order 1989
(bc) debt relief order (under Part 7A of the Insolvency (Northern Ireland) Order 1989) has been made in respect of him;
(bd) he has become the subject of a debt relief restrictions order (under Part 7A of the Insolvency (Northern Ireland) Order 1989);
(c) he is incapacitated by physical or mental illness; or
(d) he is otherwise unable or unfit to perform his duties.
6 (1) The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.
(2) In the case of a person who qualifies for appointment under—
(a) paragraph (1)(a), or
(b) paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.
(3) In the case of a person who qualifies for appointment under—
(a) paragraph (1)(b), or
(b) paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,
that power shall only be exercisable with the consent of the Lord President of the Court of Session.
(4) In the case of a person who qualifies for appointment under—
(a) paragraph (1)(c), or
(b) paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,
that power shall only be exercisable with the consent of the ... Lord Chief Justice of Northern Ireland.
7 An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.
8. In relation to an assessor appointed by the Department of Justice in Northern Ireland, in this Schedule—
(a) references to the Secretary of State are to be read as references to the Department of Justice;
(b) references to the Treasury are to be read as references to the Department of Finance and Personnel in Northern Ireland.
Section 146.
Interpretation
1 In this Schedule—
“procedural instruments” means—
(a) Court Martial rules within the meaning of the Armed Forces Act 2006;
(b) SCC rules within the meaning of that Act; and
(c) rules under section 49 of the Court Martial Appeals Act 1968;
“Service courts” means—
(a) the Court Martial;
(b) the Service Civilian Court; and
(c) the Court Martial Appeal Court.
First-hand hearsay
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Documentary evidence
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Letters of request etc.
6 (1) No application shall be made under section 7 of the Crime (International Co-operation) Act 2003 ... in relation to any offence which is or is to be the subject of proceedings before a Service court, but the Secretary of State may by order make provision as to requests for assistance in obtaining outside the United Kingdom evidence for such proceedings.
(2) An order under this paragraph may make different provision for different classes of case.
(3) The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to requests for assistance in obtaining evidence for proceedings before a Service court.
Form of evidence and glossaries
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use of television links
8 (1) The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—
(a) to proceedings before Service courts; or
(b) to proceedings or proceedings of specified descriptions before Service courts in specified places.
(2) If an order is made under this paragraph—
(a) subsection (1) of section 32 above shall have effect in relation to any court to which the order applies with the substitution of the following paragraph for paragraph (a)—
(a) the witness is not in the country where the court is sitting; or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) An order under this paragraph may provide that section 32(1), . . . or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides.
(4) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.
(6) In this paragraph “modifications” includes additions, omissions and amendments.
Video recordings of evidence
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cross -examination of children
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 170.
Criminal Law Act 1826 (c. 64)
1 Section 30 of the Criminal Law Act 1826 (which enables a court to order payment of compensation to relatives of a man killed in endeavouring to make an arrest) shall cease to have effect.
Offences against the Person Act 1861 (c. 100)
2 The Offences against the Person Act 1861 shall be amended as follows.
3 There shall be omitted from section 44 (certificates as to cases of assault or battery) the word “such", in the first place where it occurs, and the words “under either of the last two preceding sections,".
4 In section 45 (bars to further proceedings) for the words “in either of the last three preceding sections mentioned" there shall be substituted the words “is mentioned in section 44 of this Act".
Bankruptcy Act 1914 (c. 59)
5 Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.
Land Registration Act 1925 (c. 21)
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1933 (c. 12)
8 In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply) after the third paragraph there shall be inserted the following paragraph—
Common assault, or battery.
.
9 References in that Act to the offences mentioned in Schedule 1 to the Act shall include offences under Part I of the Child Abduction Act 1984.
Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prison Act 1952 (c. 52)
11 The following paragraph shall be inserted after paragraph (a) of subsection (1) of section 43 of the Prison Act 1952—
(aa) young offender institutions, that is to say places for the detention of offenders sentenced to detention in a young offender institution;
.
12 In subsection (3) of that section, for the word “or" there shall be substituted the words “and a person aged 17 years or over may be detained in such a centre".
Visiting Forces Act 1952 (c. 67)
13 In section 5 of the Visiting Forces Act l952 (custody of offenders against United Kingdom law)—
(a) for each of the references in subsections (2) and (4) to section 43 of the Magistrates’ Courts Act l980 there shall be substituted references to Part IV of the Police and Criminal Evidence Act l984; and
(b) the following subsection shall be substituted for subsection (3)—
(3) In the application of subsection (2) of this section to Scotland,—
(a) for the first reference to Part IV of the Police and Criminal Evidence Act 1984 there shall be substituted a reference to section 32(3) of the Criminal Procedure (Scotland) Act 1975; and
(b) for the words “in accordance with the said Part IV, be released on bail or" there shall be substituted the words “if not liberated under section 294(2) of that Act, be".
.
14 (1) In subsection (1) of section 12 of that Act, in the definition of “visiting force", after the words “United Kingdom", in the first place where they occur, there shall be inserted the words “(including United Kingdom territorial waters), or in any place to which subsection (1A) below applies,".
(2) The following subsection shall be inserted after that subsection—
(1A) This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 or any waters within 500 metres of such an installation.
.
15 —In paragraphs 1(a) and 2(a) of the Schedule, after the word “rape," there shall be inserted the word “ , torture".
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
16 In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (powers as to costs and legal aid) for the words from “section 1" to “central funds)" there shall be substituted the words “sections 16(1) and 17(1) of the Prosecution of Offences Act 1985".
Criminal Justice Act 1967 (c. 80)
17 The Criminal Justice Act 1967 shall be amended as follows.
18 In section 62—
(a) in subsection (10) (subsequent release of prisoner whose licence has been revoked) for the words “one year" there shall be substituted the words “the specified period"; and
(b) the following subsection shall be inserted after that subsection—
(10A) In subsection (10) above “the specified period” has the same meaning as in section 60(1) above.
.
19 In subsection (6) of section 67 (computation of sentences) for “(1)" there shall be substituted “(1A)".
Criminal Appeal Act 1968 (c. 19)
20 The Criminal Appeal Act 1968 shall be amended as follows.
21 Section 9 shall be renumbered so as to become section 9(1); and at the end of the resulting subsection (1) there shall be added the following subsection—
(2) A person who on conviction on indictment has also been convicted of a summary offence under section 41 of the Criminal Justice Act 1988 (power of Crown Court to deal with summary offence where person committed for either way offence) may appeal to the Court of Appeal against any sentence passed on him for the summary offence (whether on his conviction or in subsequent proceedings) under subsection (7) of that section.
22 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In subsection (4) of that section, after the word “section" there shall be inserted the words “and section 11 of this Act".
23 (1) In subsection (2) of section 11 (supplementary provisions as to appeal against sentence) after “9" there shall be inserted “(1)".
(2) The following subsections shall be inserted after that subsection—
(2A) Where following conviction on indictment a person has been convicted under section 41 of the Criminal Justice Act 1988 of a summary offence an appeal or application for leave to appeal against any sentence for the offence triable either way shall be treated also as an appeal or application in respect of any sentence for the summary offence and an appeal or application for leave to appeal against any sentence for the summary offence shall be treated also as an appeal or application in respect of the offence triable either way.
(2B) If the appellant or applicant was convicted on indictment of two or more offences triable either way, the references to the offence triable either way in subsection (2A) above are to be construed, in relation to any summary offence of which he was convicted under section 41 of the Criminal Justice Act 1988 following the conviction on indictment, as references to the offence triable either way specified in the notice relating to that summary offence which was given under subsection (2) of that section.
24 The following subsection shall be substituted for subsection (4) of that section—
(4) The power of the Court of Appeal under subsection (3) of this section to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 23(1) of the Powers of Criminal Courts Act 1973 or section 47(4) of the Criminal Law Act 1977 in respect of a suspended or partly suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that sentence where the court below made no order in respect of it.
.
25 The following section shall be inserted after section 18—
Appeals in cases of contempt of court.
18A (1) A person who wishes to appeal under section 13 of the Administration of Justice Act 1960 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in such manner as may be directed by rules of court.
(2) Notice of appeal shall be given within twenty-eight days from the date of the order or decision appealed against.
(3) The time for giving notice under this section may be extended, either before or after its expiry, by the Court of Appeal.
.
26 In subsection (1) of section 19 (bail)—
(a) in paragraph (b), the words “or paragraph (a) above” shall be inserted after “1981"; and
(b) in paragraph (c), the words “either of those paragraphs” shall be substituted for the words “that paragraph".
27 In section 29(2)(b) (circumstances in which there may not be a direction that time spent in custody is not to be reckoned as part of any sentence) for the words “under section 1 of this Act" there shall be substituted the words
under—
(i) section 1 or 11(1A) of this Act; or
(ii) section 81(1B) of the Supreme Court Act 1981
.
28 The following section shall be substituted for section 30—
Restitution of property.
30 (1) The operation of an order for the restitution of property to a person made by the Crown Court shall, unless the Court direct to the contrary in any case in which, in their opinion, the title to the property is not in dispute, be suspended until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, and provision may be made by rules of court for the custody of any property in the meantime.
(2) The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
(3) Where the House of Lords restores a conviction, it may make any order for the restitution of property which the court of trial could have made.
29 The following shall be substituted for the words in section 31 from the beginning of subsection (1) to “powers” in subsection (2)—
(1) There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—
(a) the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below;
(b) the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976; and
(c) the powers to make orders for the payment of costs under sections 16 to 18 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.
(2) The powers mentioned in subsection (1) (a) above
.
30 The following subsection shall be inserted after subsection (2A) of that section—
(2B) The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court
.
31 The following shall be substituted in the first subsection of section 44 for the words from the beginning to “judge", in the first place where it occurs—
(1) There may be exercised by a single judge—
(a) the powers of the Court of Appeal under this Part of this Act—
(i) to extend the time for making an application for leave to appeal;
(ii) to make an order for or in relation to bail; and
(iii) to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and
(b) their powers to make orders for the payment of costs under sections 16 and 17 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.
.
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Theft Act 1968 (c. 60)
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1969 (c. 54)
35 In subsection (1) of section 20A of the Children and Young Persons Act 1969 (power of court to add condition as to charge and control of offender in care), at the end of the first paragraph (b) there shall be inserted the words
or
(c) by virtue of section 15(1) of this Act in a case where—
(i) the supervision order for which the care order was substituted was made under section 7(7) of this Act; and
(ii) the offence in respect of which the supervision order was made was punishable with imprisonment in the case of a person over 21,
.
36 In section 29 of that Act (recognisance on release of arrested child or young person) the words “he or" shall cease to have effect.
Tribunals and Inquiries Act 1971 (c. 62)
37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Criminal Courts Act 1973 (c. 62)
38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal Aid Act 1974 (c. 4)
43 In section 28(7A) of the Legal Aid Act 1974 for the words “the person charged" there shall be substituted “a person to whom the notice relates".
Juries Act 1974 (c. 23)
44 In subsection (1) of section 3 of the Juries Act 1974 (electoral register as basis of jury selection) for “sixty five" there shall be substituted “seventy".
45 In section 6(1) of that Act (summoning of jury in exceptional circumstances) for the word “refusals" there shall be substituted the word “excusals".
46 In section 20(4) of that Act (offences) after the word “excusal" there shall be inserted the words “or deferral".
Rehabilitation of Offenders Act 1974 (c. 53)
47 In section 1(2)(a) of the Rehabilitation of Offenders Act 1974 (failure to pay fines etc. not to prevent a person from becoming rehabilitated) the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order.
Criminal Procedure (Scotland) Act 1975 (c. 21)
48 In each of sections 171 and 368 of the Criminal Procedure (Scotland) Act 1975 (which make provision as to the presumption and determination of the ages of children) in subsection (3) for the words “and (d)" there shall be substituted the words “(d) and (e)".
49 In section 289G of that Act (which creates the standard scale and amends certain enactments accordingly) in subsection (13) (inserted by section 66 of the Criminal Justice (Scotland) Act 1987)—
(a) after the word “is" there shall be inserted “(a)";
(b) for the words from “1987" there shall be substituted—
(b) under any instrument (however framed or worded) made by virtue of such an enactment,
a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.
.
50 In Schedule 1 to that Act (which lists offences against children under the age of 17 years to which special provisions apply) after paragraph (a) there shall be inserted the following paragraph—
(aa) any offence under section 80(7) of the Criminal Justice (Scotland) Act 1980 (commission of a homosexual act in certain circumstances).
51 In the said Schedule 1 after paragraph (d) there shall be inserted the following paragraph—
(e) any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.
Bail Act 1976 (c. 63)
52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Offences (Amendment) Act 1976 (c. 82)
53 (1) The Sexual Offences (Amendment) Act 1976 shall have effect subject to the following amendments (which relate to Northern Ireland).
(2) In section 5(1)(b), for the word “both" there shall be substituted the word “all".
(3) In section 7(6), for the words from “(including" to “6(4)(b))" there shall be substituted the words “and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) as adapted by section 5(1)(b)".
54, 55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicature (Northern Ireland) Act 1978 (c. 23)
56 In section 49(6) of the Judicature (Northern Ireland) Act 1978 (variation of sentences) after the word “appeal)" there shall be inserted the words “and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act.)".
57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation Act 1978 (c. 30)
58 In Schedule 1 to the Interpretation Act l978—
(a) after the definition of “Sheriff" there shall be inserted—
“The standard scale”, with reference to a fine or penalty for an offence triable only summarily,—
(a) in relation to England and Wales, has the meaning given by section 37 of the Criminal Justice Act l982;
(b) in relation to Scotland, has the meaning given by section 289G of the Criminal Procedure (Scotland) Act l975;
(c) in relation to Northern Ireland, has the meaning given by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984.
;
(b) after the definition of “Statutory declaration" there shall be inserted—
“Statutory maximum”, with reference to a fine or penalty on summary conviction for an offence,—
(a) in relation to England and Wales, means the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act l980;
(b) in relation to Scotland, means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act l975; and
(c) in relation to Northern Ireland, means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order l984.
.
59 In the definition of “offence triable either way" in that Schedule, after the word “offence", in the second place where it occurs, there shall be inserted the words “, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988".
Protection of Children Act 1978 (c. 37)
60 The Protection of Children Act 1978 shall be amended as follows.
61 (1) In subsection (1) of section 4 (entry, search and seizure) for the words from “are" to the end there shall be substituted the words “is an indecent photograph of a child".
(2) In subsection (2) of that section the words from “taken" to the end shall cease to have effect.
62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justices of the Peace Act 1979 (c. 55)
63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Care Act 1980 (c. 5)
64 In section 73(1)(b) of the Child Care Act 1980 (places of safety etc.) for the words “section 38(7)" there shall be substituted the words “section 38(6)".
Magistrates’ Courts Act 1980 (c. 43)
65 The Magistrates’ Courts Act 1980 shall be amended as follows.
66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67 In subsection (1) of section 37 (committal to Crown Court for sentence), for the words “nor more than 16" there shall be substituted the words “but under 17".
68 At the end of subsection (8) of section 102 (written statement before examining justices) there shall be added the words “and section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.) shall be given a corresponding construction".
69 (1) In subsection (3A) of section 128 (remand in custody without accused being brought before court)—
(a) after the word “custody" there shall be inserted the words “and the remand was not a remand under section 128A below for a period exceeding 8 clear days,"; and
(b) after the word “him" there shall be inserted the words “(otherwise than in the exercise of the power conferred by that section)".
(2) In subsection (6) of that section (which lists the cases in which a magistrates’ court may remand a person for a period exceeding 8 clear days) for the word “section", in the first place where it occurs, there shall be substituted the words “sections 128A and".
70 The following subsection shall be inserted after subsection (2) of section 133 (limit on length of imprisonment or youth custody where consecutive terms are imposed)—
(2A) In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment.
.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
71 The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.
72 The following subsection shall be substituted for subsection (4) of section 10 (supplementary provisions as to appeals against sentence)—
(4) The power of the Court under section 4(2) of this Act or subsection (3) above to pass a sentence which the Crown Court has power to pass for an offence shall, notwithstanding that the Crown Court made no order under section 19(1) of the Treatment of Offenders Act (Northern Ireland) 1968 in respect of a suspended sentence or order for detention previously passed or made on or in relation to the appellant for another offence, include power to deal with the appellant in respect of that sentence or order for detention where the Crown Court made no order in respect of it.
.
73 The following section shall be inserted after section 16—
Appeals in cases of contempt of court.
16A (1) Subject to subsection (2) below, a person who wishes to appeal under section 44 of the 1978 c. 23.Judicature (Northern Ireland) Act 1978 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in the prescribed manner within twenty-eight days from the date of the order or decision appealed against.
(2) The time for giving notice under this section may be extended either before or after its expiry by the Court.
.
74 The following section shall be substituted for section 17—
Bail.
17 (1) The Court of Appeal may, if it thinks fit—
(a) grant an appellant bail pending the determination of his appeal; or
(b) vary the conditions of bail granted to an appellant in the exercise of the power conferred by paragraph (a) above; or
(c) revoke bail granted to an appellant under paragraph (a) above.
(2) The powers conferred by subsection (1) above may be exercised—
(a) on the application of the appellant; or
(b) if it appears to the Master that any of them ought to be exercised, on a reference to the court by him.
.
75 The following section shall be substituted for section 18—
Groundless appeals or applications for leave to appeal.
18 If it appears to the Master that a notice of appeal or of application for leave to appeal under this Part of this Act does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court of Appeal for summary determination; and the Court may then, if it considers that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning the proceedings for a full hearing, dismiss the appeal or application for leave summarily without calling on any one to attend the hearing or to appear for the Crown thereon.
.
76 (1) In section 44(1) (constitution of Court of Appeal on appeals or references), after the word “Act" there shall be inserted the words “or section 36 of the Criminal Justice Act 1988".
(2) In section 44(4)(b) (judge of the Court of Appeal not to hear or determine applications relating to reference under section 14 or 15 where he was the trial judge), after the word “Act" there shall be inserted the words “or section 36 of the Criminal Justice Act 1988.".
77 The following paragraph shall be substituted for section 45(2)(d)—
(d) to exercise the powers conferred by section 17 of this Act;
.
78 The following subsection shall be inserted after section 45(3)—
(3A) The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.
.
Supreme Court Act 1981 (c. 54)
79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80 The following paragraph shall be inserted after subsection (4)(a) of section 55 of the Supreme Court Act 1981 (constitution of criminal division of Court of Appeal)—
(aa) reviewing sentencing under Part IV of the Criminal Justice Act 1988;
.
81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Civil Jurisdiction and Judgments Act 1982 (c. 27)
82 In section 18(4A) of the Civil Jurisdiction and Judgments Act 1982 (exception from provisions regulating the enforcement of UK judgments in other parts of the United Kingdom in respect of the enforcement in Scotland of High Court orders made under the Drug Trafficking Offences Act 1986), after “1986" there shall be inserted the words “or Part VI of the Criminal Justice Act 1988 (confiscation of the proceeds of offences)".
83, 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85—88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Civic Government (Scotland) Act 1982 (c. 45)
89 In subsection (7) of section 52 of the Civic Government (Scotland) Act 1982 after the word “thereof)" there shall be inserted the words “and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)".
Criminal Justice Act 1982 (c. 48)
90 At the end of section 15(11) of the Criminal Justice Act 1982 (offence of failing to comply with supervision requirements) there shall be added (but not as part of paragraph (b)) the words “but not liable to be dealt with in any other way".
91 At the end of part II of Schedule 1 to that Act there shall be added—
CRIMINAL JUSTICE ACT 1988 (c. 33)
30 Section 134 (torture).
92—94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95, 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police and Criminal Evidence Act 1984 (c. 60)
97 The Police and Criminal Evidence Act 1984 shall be amended as follows.
98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99 In section 55(1) (intimate searches) for the words “such a search" there shall be substituted the words “an intimate search".
100 In section 65, in the definition of “intimate samples", for the word “orifice" there shall be substituted the word “orifices".
101 In section 120 (extent) the second of the two subsections numbered as subsection (9) shall be re-numbered as subsection (9A).
102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prosecution of Offences Act 1985 (c. 23)
103 The following paragraph shall be inserted after subsection (4)(a) of section 16 of the Prosecution of Offences Act 1985 (defence costs)—
(aa) directs under section 8(1B) of the Criminal Appeal Act 1968 the entry of a judgment and verdict of acquittal;
.
104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1985 (c. 51)
105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bankruptcy (Scotland) Act 1985 (c. 66)
106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insolvency Act 1986 (c. 45)
110 Section 281(4) of the Insolvency Act 1986 (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.
Criminal Justice Act 1987 (c. 38)
Criminal Justice (Scotland) Act 1987 (c. 41)
111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1987 (c. 38)
112 The Criminal Justice Act 1987 shall be amended as follows.
113 (1) In subsection (2) of section 2 (Director’s investigation powers), for the words from “attend" to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith".
(2) In subsection (3) of that section—
(a) for the words “a specified time and place" there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and
(b) for the word “class" there shall be substituted the word “description".
114 (1) In subsection (1) of section 11, for the words from “a report" to “containing" there shall be inserted the words “a report of proceedings to which this section applies which contains".
(2) The following subsection shall be inserted after that subsection—
(1A) This section applies—
(a) to an application under section 6(1) above; and
(b) to a preparatory hearing and any appeal or application for leave to appeal relating to such a hearing.
(3) The following subsection shall be substituted for subsection (2)—
(2) An order that subsection (1) above shall not apply to reports—
(a) of an application under section 6(1) above;
(b) of a preparatory hearing;
(c) of an appeal to the Court of Appeal under section 9(11) above; or
(d) of an application for leave to appeal under that subsection,
may be made—
(i) in a case falling within paragraph (a), (b) or (d) above, by the judge dealing with the matter; and
(ii) in a case falling within paragraph (c) above, by the Court of Appeal.
.
(4) The following subsection shall be inserted after subsection (9)—
(9A) In subsection (9) above “engaged” means engaged under a contract of service or a contract for services.
(5) In subsection (15) the following definition shall be added after the definition of “publish"—
“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.
.
115 In section 13(1), for the words “operates only so as to make for Northern Ireland provision corresponding to" there shall be substituted the words “is made only for purposes corresponding to those of".
116 In paragraph 6(1) of Schedule 1, for “(4)" there shall be substituted “(5)".
Criminal Justice (Scotland) Act 1987 (c. 41)
117 (1) Section 52 of the Criminal Justice (Scotland) Act 1987 (Powers of investigation in relation to serious or complex fraud) shall be amended as follows.
(2) In subsection (1) for the words from “attend" to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.":
(3) In subsection (2)—
for the words “a specified time and place" there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and
for the word “class" there shall be substituted the word “description".
(4) In subsection (5) after the word “him" there shall be inserted “(a)" and at the end of the subsection there shall be added the words “; or (b)in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.”.
The Public Order (Northern Ireland) Order 1987 S.I. 1987 No. 463 (N.I.7)
118 (1) In Article 24(2) of the Public Order (Northern Ireland) Order 1987, for the words “or Part IV" there shall be substituted the words “Part IV or section 139 of the Criminal Justice Act 1988".
(2) In Article 26(1) of that Order, for the words “or 22(1)" there shall be substituted the words “22(1) or section 139 of the Criminal Justice Act 1988".
(3) In Article 26(2) (c) of that Order, after the words “Article 22(1)" there shall be inserted the words “or section 139 of the Criminal Justice Act 1988", and after the word “weapon" there shall be inserted the words “or article, as the case may be,".
Section 170.
7 Geo. 4. c. 24. | Criminal Law Act 1826. | Section 30.
24 & 25 Vict. c. 100. | Offences against the Person Act 1861. | Sections 42 and 43.
In section 44, the word “such, in the first place where it occurs, and the words “under either of the last two preceding sections.
Section 46.
In section 47, the words from “and to the end.
6 & 7 Geo. 5. c. 64. | Prevention of Corruption Act 1916. | Sections 1 and 3.
15 & 16 Geo. 5. c. 86. | Criminal Justice Act 1925. | Section 39.
23 & 24 Geo. 5. c. 12. | Children and Young Persons Act 1933. | Section 1(5) and (6).
In section 38(1), the proviso.
In Schedule 1, in the third paragraph, the words “forty-two, forty-three.
1 Edw. 8. & 1 Geo. 6. c. 37. | Children and Young Persons (Scotland) Act 1937. | Section 12(5) and (6).
15 & 16 Geo. 6. and 1 Eliz. 2. c. 52. | Prison Act 1952. | Section 43(1)(b) and (c).
1952 c. 61. | Prisons (Scotland) Act 1952. | In section 31(1), paragraph (b).
In section 31(3), the words “detention c entre.
In section 31(4), the words “detention centres wherever they occur.
In section 34, the words “or a detention centre.
In section 35(1), the words “detentio n centres.
In section 37(1), the words “or detention centre.
In section 37(2), the words “or detention centre wherever they occur.
9 & 10 Eliz. 2. c. 39. | Criminal Justice Act 1961. | Section 2.
1967 c. 68. | Fugitive Offenders Act 1967. | In section 8(1) and (2), the words “to custody.
In section 11(1), the words “in respect of a person in custody thereunder.
In section 16(1), the words “(except for purposes of the references to the United Kingdom in section 3).
Schedule 1.
1967 c. 80. | Criminal Justice Act 1967. | Section 49.
In Schedule 3, Part I, the entry relating to the Prevention of Corruption Act 1906.
1968 c. 19. | Criminal Appeal Act 1968. | In section 7(1), the words “and do so only by reason of evidence received or available to be received by them under section 23 of this Act.
Section 10(3)(d).
Section 42.
1968 c. 27. | Firearms Act 1968. | In section 21(2), the words “to borstal training, to corrective training for less than three years or.
In section 52(1)(a), the words “preventive detention, corrective training, borstal training,.
1969 c. 12. | Genocide Act 1969. | Section 2(1)(b) and the word “and immediately preceding it.
In section 3(1), the words “and sections 16 and 17 of the Fugitive Offenders Act 1967.
l969 c. 54. | Children and Young Persons Act l969. | In section 16(10), the words from “and the provisions to the end.
Section 22(5).
In section 29, the words “he or.
Section 34(1)(f)
In section 60, subsection (1)(b) and the word “and immediately preceding it, and in subsection (2), the words “or section 16(2) or 17 of the said Act of 1967.
. . .. | . . . | . . ..
1971 c. 40. | Fire Precautions Act 1971. | In section 40(2)(b), the words “detention centre.
1972 c. 20. | Road Traffic Act 1972. | In section 100, the words “or attempting to drive.
1972 c. 71. | Criminal Justice Act 1972. | Section 28(3).
In Schedule 5, the amendment of the Criminal Appeal Act l968.
1973 c. 14. | Costs in Criminal Cases Act 1973. | In Schedule 1, paragraph 3.
1973 c. 62. | Powers of Criminal Courts Act 1973. | Section 22(5).
In section 34A(1)(c), the words “other than an order under section 35 of this Act.'
Sections 39 and 40.
In section 57(3), the definition of “detention centre.
In Schedule 3, paragraph 2(4)(b) and the word “and immediately preceding it, and paragraph 7.
In Schedule 5, paragraph 29.
1974 c. 23. | Juries Act 1974. | In section 12(1)(a), the words “not more than three jurors without cause and.
In section 16(2), the words “for murde r or.
1976 c. 82. | Sexual Offences (Amendment) Act 1976. | In section 4, in subsection (3), the words “before the Crown Court at which a person is charged with a rape offence and “relating to the complainant, and subsection (7)(a).
In section 5(6), the words from the beginning to “and, in the second place where it occurs.
Section 6.
In section 7, in subsection (4), the words “and 6(4)(b), in subsection (5), the words “and 6 and in subsection (6), the words “and section 6(1) as adapted by section 6(4)(b).
1977 c. 45. | Criminal Law Act 1977. | Section 43.
In Schedule 5, paragraph 2, so far as relating to section 99(b) of the Road Traffic Act 1972.
In Schedule 6, the entry relating to the Offences against the Person Act 1861.
In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 4(b) and (c).
1978 c. 26. | Suppression of Terrorism Act 1978. | Section 3(2).
1978 c. 31. | Theft Act 1978. | In section 5(3) the words from “and to the end.
1978 c. 37. | Protection of Children Act 1978. | In section 1(6), paragraph (b) and the word “and immediately preceding it and the words “and sections 16 and 17 of the 1967 Act.
In section 4(2), the words from “taken to the end.
In section 5(2), the words from “taken to “distributed or shown,.
1980 c. 9. | Reserve Forces Act 1980. | In Schedule 1, paragraph 5(c)(ii) and the word “or immediately preceding it.
1980 c. 43. | Magistrates’ Courts Act 1980. | Section 22(7).
Section 32(7).
Section 134.
In section 143, subsection (2)(l) to (n), subsections (4) and (5) and in subsection (6) the words “or (4).
In Schedule 1, in paragraph 5(h), the words “— common assault.
1982 c. 16. | Civil Aviation Act 1982. | Section 93(3).
1982 c. 28. | Taking of Hostages Act 1982. | In section 3, subsection (1)(b) and the word “and immediately preceding it and subsections (3) and (5).
1982 c. 36. | Aviation Security Act 1982. | In section 9, subsection (1)(b) and the word “and immediately preceding it, and subsections (2) and (3).
1982 c. 48. | Criminal Justice Act 1982. | Sections 4 to 7.
Section 12(1) to (5), (8) and (9).
Section 14.
Section 20(1).
In section 43, the words from “and, in the case to “thereof and the words from “(but to the end of the section.
Sections 74 and 75.
In section 80(1), the words “section 74; section 75;.
In Schedule 8, paragraphs 3(c) and 7(d).
1983 c. 18. | Nuclear Material (Offences) Act 1983. | In section 5, subsection (1)(b) and the word “and immediately preceding it, and subsections (2) and (4).
1984 c. 39. | Video Recordings Act 1984. | Section 15(2), (4) and (5).
1984 c. 46. | Cable and Broadcasting Act 1984. | In Schedule 5, paragraph 34(6).
1984 c. 47. | Repatriation of Prisoners Act 1984. | In Schedule 1, paragraph 4.
1984 c. 60. | Police and Criminal Evidence Act 1984. | Section 24(2)(e).
In section 65, the word “and befor e “references.
Section 68.
In Schedule 3, paragraphs 1 to 7 and paragraph 13.
1985 c. 13. | Cinemas Act 1985. | In Schedule 2, paragraph 11.
1985 c. 37. | Prohibition of Female Circumcision Act 1985. | Section 3(1)(b) and the word “and immediately preceding it.
1985 c. 51. | Local Government Act 1985. | In section 15(5), the words “or 7.
1985 c. 65. | Insolvency Act 1985. | In Schedule 8, paragraph 24.
1986 c. 32. | Drug Trafficking Offences Act 1986. | In section 6, in subsection (1), paragraph (b) and the word “and immediately preceding it, in subsection (3), the words “or 9 and subsection (5).
Section 10(1).
Section 15(5)(b) and (c).
In section 17(1), the words from “but to the end.
In section 19, in subsection (1) (b) (i), the words “(and no conviction for any drug trafficking offence is substituted) and in subsection (2), in paragraph (a), the words “and that, but for that default, the proceedings would not have been instituted or continued, and in paragraph (b), the word “substantial.
In section 25(3), the words “varying or revoking a previous Order in Council.
In section 38(11), the words “in England and Wales.
1986 c. 45. | Insolvency Act 1986. | Section 264(1)(d) and the word “or immediately preceding it.
Section 266(4).
Section 267(3).
Section 277.
Section 282(2).
In section 293(1), the words “does not apply where the bankruptcy order was made on a petition under section 264(1)(d) (criminal bankruptcy); and it.
Section 297(1).
Section 327.
Section 341(4) and (5).
Section 382(1)(c).
In section 383(1)(a), the words from “(being, to “question).
In section 385(1), the definition of “criminal bankruptcy order.
Section 402.
1987 c. 38. | Criminal Justice Act 1987. | Section 9(3)(a).
In section 11, in subsection (8)(e), the word “engaged, and subsection (11).
In Schedule 2, paragraph 1(2).
1987 c. 41. | Criminal Justice (Scotland) Act 1987. | Section 45(7)(c)(ii) and the word “and immediately preceding it.
1988 c. 13. | Coroners Act 1988. | In Schedule 3, paragraph 14.
Notes
1 The repeals in the Offences against the Person Act 1861 and the Prevention of Corruption Act 1916 do not extend to Northern Ireland.
2 The repeal in the Road Traffic Act 1972 does not extend to Scotland.
3 The repeal of sections 74 and 75 of the Criminal Justice Act 1982 and the repeals in sections 80 and 81 of that Act do not affect those sections as they apply—
(a) in any of the Channel Islands; or
(b) in the Isle of Man,
and any Order in Council applying section 74(1) or 75 to any of those Islands shall continue to have effect as if this Act had not been passed.