Status and capacity
1 (1) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.
(2) It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of
(a) its functions under this Part in respect of long-term and short-term prisoners; and
(b) its functions under Chapter II of Part II of the Crime (Sentences) Act 1997 in respect of life prisoners within the meaning of that Chapter
Membership
2 (1) The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.
(2) The Board shall include among its members—
(a) a person who holds or has held judicial office;
(b) a registered medical practitioner who is a psychiatrist;
(c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and
(d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.
(3) A member of the Board—
(a) shall hold and vacate office in accordance with the terms of his appointment;
(b) may resign his office by notice in writing addressed to the Secretary of State;
and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment.
Payments to members
3 (1) The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.
(2) The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine.
(3) If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.
(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.
Proceedings
4 (1) Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine.
(2) The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board.
(3) The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.
Staff
5 (1) The Board may appoint such number of employees as it may determine.
(2) The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board.
(3) Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury.
(4) The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board.
Reports
6 (1) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted— “Parole Board.”.
(2) The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
Financial provisions
7 (1) The Secretary of State shall pay to the Board—
(a) any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and
(b) with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.
(2) Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.
Authentication of Board’s seal
8 The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.
Presumption of authenticity of documents issued by Board
9 Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
Accounts and audit
10 (1) It shall be the duty of the Board—
(a) to keep proper accounts and proper records in relation to the accounts;
(b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and
(c) to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.
(2) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.
(3) In this paragraph, “financial year” means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.
Reports
11 The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.
SCHEDULE 8 Amendments for Treating Persons Aged 17 as Young Persons
Section 68.
Children and Young Persons Act 1933 (c.12)
1 (1) Section 31 of the 1933 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—
(2) In this section and section 34 of this Act, “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.
(2) In sections 46(1) and (1A), 48(2) and 99(1) of that Act, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.
(3) In section 107(1) of that Act, for the definition of “young person” there shall be substituted the following definition—
“young person” means a person who has attained the age of fourteen and is under the age of eighteen years.
Prison Act 1952 (c.52)
2 In section 43(3) of the 1952 Act (remand centres, young offender institutions etc.), for the words “aged 17 years” there shall be substituted the words “aged 18 years”.
Children and Young Persons Act 1963 (c.37)
3 In section 29(1) of the Children and Young Persons Act 1963, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.
Children and Young Persons Act 1969 (c.54)
4 (1) Section 29 of the 1969 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—
(2) In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.
(2) In section 70(1) of that Act, for the definition of “young person” there shall be substituted the following definition—
“young person” means a person who has attained the age of fourteen and is under the age of eighteen years;
.
Rehabilitation of Offenders Act 1974 (c.53)
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Magistrates’ Courts Act 1980 (c.43)
6 (1) Part I of the 1980 Act (criminal jurisdiction and procedure) shall be amended as follows—
(a) for the words “the age of 17”, in each place where they occur, there shall be substituted the words “the age of 18 years”;
(b) in section 22(9), for the words “under 17” there shall be substituted the words “under 18”;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In section 81(1), (3) and (8) of that Act, for the words “the age of 17” there shall be substituted the words “the age of 18”.
(3) In sections 96A, 135(3) and 136(4) of that Act, for the words “aged 17” there shall be substituted the words “aged 18”.
SCHEDULE 10 Certification of Prisoner Custody Officers
Section 89.
Preliminary
1 In this Schedule—
“certificate” means a certificate under section 89 of this Act;
“the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.
Issue of certificates
2 (1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him.
(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—
(a) is a fit and proper person to perform the relevant functions; and
(b) has received training to such standard as he may consider appropriate for the performance of those functions.
(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.
(4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.
Suspension of certificate
3 (1) This paragraph applies where at any time—
(a) in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, it appears to the prisoner escort monitor for the area concerned that the officer is not a fit and proper person to perform escort functions;
(b) in the case of a prisoner custody officer performing custodial duties at a contracted out prison, it appears to the controller of that prison that the officer is not a fit and proper person to perform custodial duties; or
(c) in the case of a prisoner custody officer performing contracted out functions at a directly managed prison, it appears to the governor of that prison that the officer is not a fit and proper person to perform custodial duties.
(2) The prisoner escort monitor controller or governor may—
(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and
(b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.
(3) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Revocation of certificate
4 Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.
False statements
5 If any person, for the purpose of obtaining a certificate for himself or for any other person—
(a) makes a statement which he knows to be false in a material particular; or
(b) recklessly makes a statement which is false in a material particular,
he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Section 100.
Children and Young Persons Act 1933 (c.12)
1 In section 38(2) of the 1933 Act (false evidence by child) for the words “as aforesaid” there shall be substituted the words “unsworn in any proceedings for an offence by virtue of section 52 of the Criminal Justice Act 1991”.
Criminal Justice Act 1967 (c.80)
2 (1) Section 67 of the 1967 Act (remand time to be taken into account in computing sentences) shall be amended as follows.
(2) In subsection (1A)(c)—
(a) after the word “remanded” there shall be inserted the words “or committed”; and
(b) after the words “section 23 of the Children and Young Persons Act 1969” there shall be inserted the words “or section 37 of the Magistrates’ Courts Act 1980”.
(3) For subsection (5) there shall be substituted the following subsection—
(5) This section applies—
(a) to sentences of detention in a young offender institution; and
(b) to determinate sentences of detention passed under section 53(2) of the Children and Young Persons Act 1933 (sentences for serious indictable offences),
as it applies to sentences of imprisonment.
(4) In subsection (6)—
(a) after the word “being”, in the second place where it occurs, there shall be inserted the words “remanded or”;
(b) for the words “committed to the care of a local authority” there shall be substituted the words “remanded or committed to local authority accommodation”; and
(c) after the words “the said section 23” there shall be inserted the words “or 37”.
Criminal Appeal Act 1968 (c.19)
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Civil Evidence Act 1968 (c.64)
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1969 (c. 54)
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vehicles (Excise) Act 1971 (c.10)
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Criminal Courts Act 1973 (c.62)
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juries Act 1974 (c.23)
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Solicitors Act 1974 (c.47)
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders Act 1974 (c.53)
20 In section 1(4) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the words “put on probation or” shall cease to have effect; and
(c) for the words “placing the person concerned on probation or discharging him” there shall be substituted the words “discharging the person concerned”.
Bail Act 1976 (c.63)
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 (1) Paragraph 8 of Schedule 1 to that Act (restrictions on the imposition of bail conditions) shall be amended as follows.
(2) In sub-paragraph (1), after the words “(4) to (7)” there shall be inserted the words “(except subsection (6)(d))”. . . .
(3) After sub-paragraph (1) there shall be inserted the following sub-paragraph—
(1A) No condition shall be imposed under section 3(6)(d) of this Act unless it appears to be necessary to do so for the purpose of enabling inquiries or a report to be made.
(4) In sub-paragraph (2) for the words “Sub-paragraph (1) above also applies”, there shall be substituted the words “Sub-paragraphs (1) and (1A) above also apply”.
(5) In sub-paragraph (3), for the words “sub-paragraph (1)” there shall be substituted the words “sub-paragraph (1A)”.
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c.32)
23 In section 1(2) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (exclusion orders), for paragraph (b) there shall be substituted the following paragraph—
(b) where the offence was committed in England and Wales, notwithstanding the provisions of sections 1A and 1C of the Power of Criminal Courts Act 1973 (cases in which absolute and conditional discharges may be made, and their effect), in addition to an order discharging him absolutely or conditionally;
.
Magistrates’ Courts Act 1980 (c.43)
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 In section 20(2)(b) of that Act (procedure where summary trial appears more suitable), for the words from “on obtaining information” to the end there shall be substituted the words “is of such opinion as is mentioned in subsection (2) of that section”.
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For subsection (3) of that section there shall be inserted the following subsection—
(3) In subsection (1) above the “relevant date” means—
(a) the date of the coming into force of section 17 of the Criminal Justice Act 1991 (increase of certain maxima); or
(b) where the sums specified in a provision mentioned in subsection (2) above have been substituted by an order under subsection (1) above, the date of that order.
28 In paragraph 2(2) of Schedule 4 to that Act (maximum periods of imprisonment in default of payment of magistrates’ court fine), for the words “five days” there shall be substituted the words “seven days”.
Contempt of Court Act 1981 (c.49)
29 (1) Section 12(2) of the Contempt of Court Act 1981 (offences of contempt of magistrates’ court) shall have effect as if the reference to any officer of the court included a reference to any court security officer assigned to the court-house in which the court is sitting.
(2) In this paragraph “court security officer” and “court-house” have the meanings given by section 92(1) of this Act.
Criminal Justice Act 1982 (c.48)
30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repatriation of Prisoners Act 1984 (c.47)
35 (1) In section 2 of the Repatriation of Prisoners Act 1984 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (i) there shall be substituted the following sub-paragraph—
(i) released on licence under section 33(1)(b) or (2), 34(3) or 35(1) or (2) of the Criminal Justice Act 1991;
.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In paragraph 2 of the Schedule to that Act (operation of certain enactments in relation to prisoners transferred into United Kingdom)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in sub-paragraph (2), for the words “one third” there shall be substituted the words “any particular proportion or part”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prosecution of Offences Act 1985 (c.23)
36 In section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings), after the definition of “appropriate court” there shall be inserted the following definition—
“custody” includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969, and references to a person being committed to custody shall be construed accordingly;
.
Criminal Justice Act 1988 (c.33)
37 In section 34 of the Criminal Justice Act 1988 (abolition of requirement of corroboration for unsworn evidence of children), subsection (1) shall cease to have effect and, in subsection (3), for the words “section 38 of the Children and Young Persons Act 1933” there shall be substituted the words “section 52 of the Criminal Justice Act 1991”.
Road Traffic Offenders Act 1988 (c.53)
38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extradition Act 1989 (c.33)
39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References to juvenile courts
40 (1) Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court” or “juvenile courts”, in each place where they occur, there shall be substituted the words “youth court” or, as the case may require, “youth courts”.
(2) The enactments referred to in sub-paragraph (1) above are as follows—
(a) in the 1933 Act, sections 45 to 49 . . . and 108(4) . . . ;
(b) in the Education Act 1944, section 40;
(c) in the Children Act 1948, section 4B;
(d) in the Adoption Act 1958, sections 43, 47 and 48;
(e) in the Children and Young Persons Act 1963, sections 3, 18, 23, 26, 28, 29 and 57;
(f) in the Administration of Justice Act 1964, section 12;
(g) in the 1969 Act, sections 1 to 3, . . . 10, . . . 20A to 22 and 70(1) and Schedule 4;
(h) in the Criminal Justice Act 1972, section 51(1);
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) in the Adoption Act 1976, sections 34 and 37;
(k) in the 1979 Act, sections . . . 38(2) and 58(1) and (5);
(l) in the Child Care Act 1980, sections 5 to 7, 12C to 12E, 21A, 67 and 79(2);
(m) in the Foster Children Act 1980, sections 11(1), 12(1) and 14;
(n) in the 1980 Act, sections 12(1), 29, 104 and 146;
(o) in the 1982 Act, . . . in Schedule 3, the entry relating to section 49(2) of the 1933 Act;
(p) in the Administration of Justice Act 1985, section 61;
(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(r) in the Children Act 1989, section 90(1) and Schedule 14.
References to juvenile court panels
41 (1) Without prejudice to the generality of section 70(2) of this Act, in the enactments specified in sub-paragraph (2) below, for the words “juvenile court panel” or “juvenile court panels”, in each place where they occur, there shall be substituted the words “youth court panel” or, as the case may require, “youth court panels”.
(2) The enactments referred to in sub-paragraph (1) above are as follows—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in the 1973 Act, in Schedule 3, paragraph 2(3);
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) in the Child Care Act 1980, section 12E(5); and
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 101(1).
Custodial and community sentences
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community orders: supplemental
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial penalties
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6A Section 17 of this Act shall not apply in relation to offences committed before the commencement of that section.
Increase of certain penalties
7 Neither of subsections (3) and (4) of section 26 of this Act shall apply in relation to offences committed before the commencement of that subsection.
Early release: general
Early release of young persons detained under 1933 Act
Early release of prisoners serving extended sentences
Early release of fine defaulters and contemnors
Responsibilities of parent or guardian
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remands and committals of children and young persons
15 (1) In this paragraph—
“section 23” means section 23 of the 1969 Act as substituted by section 60(1) of this Act;
“the modifications” means the modifications of section 23 set out in section 62 of this Act;
“remand or committal” means a remand of a child or young person charged with or convicted of one or more offences, or a committal of a child or young person for trial or sentence.
(2) Section 23 as it has effect with the modifications shall not apply in relation to any remand or committal which is in force immediately before the commencement of sections 60 and 62 of this Act.
(3) Subject to sub-paragraphs (4) and (5) below, section 23 as it has effect without the modifications shall not apply in relation to any remand or committal which is in force immediately before the day appointed under section 62(1) of this Act.
(4) Any person who, in pursuance of any such remand or committal, is held in a remand centre or prison shall be brought before the court which remanded or committed him before the end of the period of 8 days beginning with the day so appointed.
(5) Where any person is brought before a court under sub-paragraph (4) above, section 23 as it has effect without the modifications shall apply as if the court were just remanding or committing him as mentioned in subsection (1)(a) of that section.
16 (1) Subsection (2)(a) of section 60 of this Act shall not apply in any case where proceedings for the offence in question have begun before the commencement of that section.
(2) Subject to sub-paragraphs (3) and (4) below, subsection (2)(b) and (c) of that section shall not apply in relation to any committal under section 37 of the 1980 Act which is in force immediately before that commencement.
(3) Any person less than 17 years old who, in pursuance of any such committal, is held in a remand centre or prison shall be brought before the court which committed him before the end of the period of 8 days beginning with that commencement.
(4) Where any person is brought before a court under sub-paragraph (3) above, section 37 of the 1980 Act shall apply as if the court were just committing him under that section.
Custodial sentences for young offenders
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Section 64 of this Act shall not apply in any case where the offence in question was committed before the commencement of that section and the offender is aged 16 at the date of his conviction.
Supervision of young offenders after release
19 Section 65 of this Act shall not apply in relation to any person under the age of 22 years who, before the commencement of that section, is released from a term of detention in a young offender institution or under section 53 of the 1933 Act; and the repeal by this Act of section 15 of the 1982 Act shall not affect the operation of that section in relation to any such person who is so released.
Supervision orders
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attendance centre orders
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions for treating persons aged 17 as young persons
22 (1) Paragraphs 1, 3, 4 and 6 of Schedule 8 shall not apply in any case where proceedings for the offence in question have begun before the commencement of that Schedule.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Renaming of juvenile courts etc.
23 In relation to any time before the commencement of section 70 of this Act, references in any other provision of this Act, or in any enactment amended by this Act, to youth courts shall be construed as references to juvenile courts.
Supplemental
24 For the purposes of this Schedule proceedings for an offence shall be regarded as having begun as follows—
(a) in the case of an offence triable only summarily, when a plea is entered;
(b) in the case of an offence triable only on indictment, when the magistrates’ court begins to inquire into the offence as examining magistrates;
(c) in the case of an offence triable either way, when the magistrates’ court determines to proceed with the summary trial of the offence or, as the case may be, to proceed to inquire into the offence as examining justices.
Section 101(2).
Chapter | Short title | Extent of repeal
2 & 3 Vict. c. 47. | The Metropolitan Police Act 1839. | Section 11.
23 & 24 Geo. 5 c. 12. | The Children and Young Persons Act 1933. | Section 34(1).Section 38(1).
15 & 16 Geo. 6 & 1 Eliz. 2 c. 52. | The Prison Act 1952. | Section 25.
3 & 4 Eliz. 2 c. 18. | The Army Act 1955. | In section 71AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 71AA(1A).Section 93(2A).
3 & 4 Eliz. 2 c. 19. | The Air Force Act 1955. | In section 71AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 71AA(1A).Section 93(2A).
5 & 6 Eliz. 2 c. 53. | The Naval Discipline Act 1957. | In section 43AA(1), the words “subject to subsection (1A) below” and “being not less than 21 days and”.Section 43AA(1A).Section 60(3A).
1967 c. 80. | The Criminal Justice Act 1967. | Sections 59 to 64.In section 67(6), the words “remanded or”, in the first place where they occur, and the words “section 23 of the Children and Young Persons Act 1969 or”.Schedule 2.
1968 c. 19. | The Criminal Appeal Act 1968. | In section 50(1A), the words “a probation order or”.
1968 c. 49. | The Social Work (Scotland) Act 1968. | In section 72, in subsection (1A), paragraph (a) and the word “and” immediately following that paragraph, and subsection (4).
1968 c. 64. | The Civil Evidence Act 1968. | In section 11(5)(a), the words “probation or”.
1969 c. 54. | The Children and Young Persons Act 1969. | In section 3, the words “disregarding section 4 of this Act”, in each place where they occur.Section 4.In section 5, subsections (1) to (7) and, in subsection (9), the definitions of “qualified informant” and “designated”.In section 7, in subsection (7), the words “is found guilty of homicide” and paragraph (c), and subsections (7B) and (7C).Section 8.Section 10(1)(a).In section 12AA, subsections (7), (8) and (12).In section 34(1), in paragraph (a), the word “4,” and paragraph (b).In Schedule 4, paragraphs 2 and 3.
1971 c. 10. | The Vehicles (Excise) Act 1971. | In section 9(5), the words “placing him on probation or”.
1971 c. 23. | The Courts Act 1971. | In Schedule 8, in paragraph 57(1)(a), the reference to subsection (2) of section 10.
1972 c. 19. | The Criminal Justice Act 1972. | Section 35.
1973 c. 62. | The Powers of Criminal Courts Act 1973. | Sections 5 to 10.Section 13.In section 14, in subsection (1), the words “instead of dealing with him in any other way” and, in subsection (3), the words “(i) or (ii)”.Sections 16 to 17C.Sections 20 and 20A.Sections 28 and 29.In section 30(1), the words “(such as the power to make a probation order)”.In section 42(2)(a), the words from “subject to” to “twelve months)”.Section 45.Section 48.In section 57(1), the definition of “supervising court”.Schedule 1.In Schedule 3, in paragraph 2(2)(a), the word “several”.
1974 c. 53. | The Rehabilitation of Offenders Act 1974. | In section 1(4), the words “put on probation or”.
1975 c. 21. | The Criminal Procedure (Scotland) Act 1975. | In section 403, the proviso to subsection (4) and, in subsection (6), the words “the proviso to subsection (4) of this section shall not apply, but”.In Schedule 9, paragraph 50.
1976 c. 63. | The Bail Act 1976. | In Schedule 1, in paragraph 8(1), the words from “or, in the case” to the end.
1977 c. 45. | The Criminal Law Act 1977. | Section 47.In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 3.
1980 c. 43. | The Magistrates’ Courts Act 1980. | In section 24(4), the words from “but this subsection” to the end.Section 35.In section 36(2), the words from “but this subsection” to the end.Section 103(3)(a).Section 37(1A).In section 108(1A), the words “ a probation order or”.Section 143(2)(i).In Schedule 3, paragraph 5.
1982 c. 48. | The Criminal Justice Act 1982. | In section 1, subsections (3) to (4A).In section 1A(3), the words “and section 1B(3) below”.In section 1B, subsections (1) and (3).Section 2.Section 15.Section 17(3).In section 18(6)(b), the words from the beginning to “residence”.Section 33.In section 48, subsections (1)(c) and (2).Section 62.Schedule 5.In Schedule 11, paragraph 6(a)(v).In Schedule 13, Part I.In Schedule 14, paragraphs 23(a), 25 and 32.
1983 c. 20. | The Mental Health Act 1983. | In section 50(3), the words from “and that period” to the end.
1984 c.60. | The Police and Criminal Evidence Act 1984. | In section 37, subsections (11) to (14).
1988 c. 33. | The Criminal Justice Act 1988. | Section 34(1).In section 123, subsections (2) and (3).Section 131(2).In Schedule 8, in paragraph 3(1)(c), the words “1(3) and”.In Schedule 10, in Part II, the words “section 15(1)”, “section 15(1) and (5) and” and “section 15(1)(a) and”, and Part III.In Schedule 15, paragraph 22(1).In Schedule 16, the entry relating to section 41(8) of the Administration of Justice Act 1970.
1988 c. 38. | The Legal Aid Act 1988. | In section 20(4), the word “or” immediately following paragraph (b).
1988 c. 53. | The Road Traffic Offenders Act 1988. | In section 46, in subsections (1) and (2), the words “placed on probation or”.
1989 c. 41. | The Children Act 1989. | In Schedule 12, paragraphs 21 and 24.In Schedule 13, paragraph 53(1).
1989 c. 42. | The Local Government and Housing Act 1989. | Section 189.
1991 c. 62. | The Armed Forces Act 1991. | In section 3(1), the words from “and after the words” to the end.In section 5, subsections (2)(b) and (9).In Schedule 2, paragraph 3.