Criminal Justice Act 1991
1991 c. 53
An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes.
[25th July 1991]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Schedule 3 to this Act shall have effect for making provision for and in connection with—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the making and amendment in Scotland or Northern Ireland of certain orders relating to persons residing in England and Wales.
(1) In section 37 (standard scale of fines) of the Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—
(2) The standard scale is shown below—
Level on the scale | Amount of fine
1 | £200
2 | £500
3 | £1,000
4 | £2,500
5 | £5,000
.
(2) Part I of the Magistrates’ Courts Act 1980 (“the 1980 Act”) shall be amended as follows—
(a) in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) . . ., for “£400” there shall be substituted “£1,000”;
(b) in section 24(4) (maximum fine on summary conviction of child for indictable offence) . . ., for “£100” there shall be substituted “£250”; and
(c) in section 32(9) (maximum fine on summary conviction of offence triable either way), for “c£2,000” there shall be substituted “£5,000”;
and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.
(3) Schedule 4 to this Act shall have effect as follows—
(a) in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4;
(b) in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4;
(c) in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum;
(d) the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20A False statements as to financial circumstances.
(1) A person who is charged with an offence who, in furnishing a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) in response to an official request—
(a) makes a statement which he knows to be false in a material particular;
(b) recklessly furnishes a statement which is false in a material particular; or
(c) knowingly fails to disclose any material fact,
shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.
(1A) A person who is charged with an offence who fails to furnish a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(2) For the purposes of this section an official request is a request which—
(a) is made by the designated officer for the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and
(b) is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose and how it should be paid.
(3) Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.
(1) In the Table in paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—
An amount not exceeding £200 | 7 days
An amount exceeding £200 but not exceeding £500 | 14 days
An amount exceeding £500 but not exceeding £1,000 | 28 days
An amount exceeding £1,000 but not exceeding £2,500 | 45 days
An amount exceeding £2,500 but not exceeding £5,000 | 3 months
.
(2) For the Table in section 407(1A) of the Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—
Amount of fine or caution | Maximum period of imprisonment
An amount not exceeding £200 | 7 days
An amount exceeding £200 but not exceeding £500 | 14 days
An amount exceeding £500 but not exceeding £1,000 | 28 days
An amount exceeding £1,000 but not exceeding £2,500 | 45 days
An amount exceeding £2,500 but not exceeding £5,000 | 3 months
An amount exceeding £5,000 but not exceeding £10,000 | 6 months
An amount exceeding £10,000 but not exceeding £20,000 | 12 months
An amount exceeding £20,000 but not exceeding £50,000 | 18 months
An amount exceeding £50,000 but not exceeding £100,000 | 2 years
An amount exceeding £100,000 but not exceeding £250,000 | 3 years
An amount exceeding £250,000 but not exceeding £1 million | 5 years
An amount exceeding £1 million | 10 years.
(3) In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.
24 Recovery of fines etc. by deductions from universal credit and income support.
(1) The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made against an offender by such a court, and (in either case) the offender is entitled to universal credit, income support , a jobseeker’s allowance , state pension credit or an ... employment and support allowance
(a) the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of that benefit, in order to secure the payment of any sum which is or forms part of the fine , compensation or unlawful profit; and
(b) the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.
(2) The regulations may include—
(a) provision that, before making an application, the court shall make an enquiry as to the offender’s means;
(aa) provision that the court may require the offender to provide prescribed information in connection with an application;
(b) provision allowing or requiring adjudication as regards an application, and provision as to appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act;
(c) provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;
(d) provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of universal credit, income support , a jobseeker’s allowance , state pension credit or an ... employment and support allowance do not fall below prescribed figures);
(e) provision as to the circumstances in which the Secretary of State is to cease making deductions;
(f) provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and
(g) provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.
(2A) An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.
(2B) An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—
(a) makes a statement which he knows to be false in a material particular,
(b) recklessly provides a statement which is false in a material particular, or
(c) knowingly fails to disclose any material fact.
(2C) A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) In subsection (1) above—
(a) the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of section 132 of the Sentencing Code , as having been so imposed; and
(b) the reference to a sum being required to be paid by a compensation order , an unlawful profit order or a slavery and trafficking reparation order which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.
(c) the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995 (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).
(3A) This section applies in relation to a surcharge imposed under section 42 of the Sentencing Code or section 253F of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.
(3B) This section applies in relation to a restitution order imposed under section 253A of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a restitution order.
(4) In this section—
“fine” includes—
(a) a penalty imposed under section 29 or 37 of the Vehicle Excise and Registration Act 1994 or section 102(3)(aa) of the Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);
(b) an amount ordered to be paid, in addition to any penalty so imposed, under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);
(ba) a charge ordered to be paid under section 46 of the Sentencing Code (criminal courts charge);
(c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;
...
“income support” means income support within the meaning of the Social Security Act 1986, either alone or together with any ... incapacity benefit, or retirement pension which is paid by means of the same instrument of payment;
“prescribed” means prescribed by regulations made by the Secretary of State.
“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;
“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.
(5) In the application of this section to Scotland—
(a) references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and
(b) in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—
(a) the reference to a fine having been imposed by a court includes a reference to a fine being treated, by virtue of section 211(4) of the Criminal Procedure (Scotland) Act 1995, as having been so imposed; and
(b) the reference to a compensation order having been made by a court includes a reference to such an order being treated, by virtue of section 252 of the Criminal Procedure (Scotland) Act 1995, as having been so made.
(1) In section 7 of the Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.
(2) For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—
(3) A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—
(a) where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;
(b) in any other case, ten years.
(4) References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In section 51(4) of the Criminal Law Act 1977 (penalties for bomb hoaxes)—
(a) in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and
(b) in paragraph (b), for the words “five years” there shall be substituted the words “seven years”.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) After section 39 of the 1983 Act there shall be inserted the following section—
Information to facilitate guardianship orders.
39A Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate—
(a) to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and
(b) if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below;
and that authority shall comply with any such request.
(2) After section 54 of that Act there shall be inserted the following section—
Reduction of period for making hospital orders.
54A (1) The Secretary of State may by order reduce the length of the periods mentioned in sections 37(4) and (5) and 38(4) above.
(2) An order under subsection (1) above may make such consequential amendments of sections 40(1) and 44(3) above as appear to the Secretary of State to be necessary or expedient.
(3) In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”.
(1) Any power of the Secretary of State . . . to make rules, regulations or orders under this Part—
(a) shall be exercisable by statutory instrument; and
(b) shall include power to make different provision for different cases or classes of case.
(2) A statutory instrument containing any rules, regulations or order under this Part . . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Parole Board shall be, by that name, a body corporate and as such shall .
(a) be constituted in accordance with this Part; and
(b) have the functions conferred by this Part in respect of long-term and short-term prisoners and by Chapter II of Part II of the Crime (Sentences) Act 1997 (“Chapter II”) in respect of life prisoners within the meaning of that Chapter.
(2) It shall be the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is connected with the early release or recall of prisoners.
(3) The Board shall deal with cases as respects which it makes recommendations under this Part or Chapter II on consideration of—
(a) any documents given to it by the Secretary of State; and
(b) any other oral or written information obtained by it,
and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and shall consider the report of the interview made by that member.
(4) The Board shall deal with cases as respects which it gives directions under this Part or Chapter II on consideration of all such evidence as may be adduced before it.
(5) Without prejudice to subsections (3) and (4) above, the Secretary of State may make rules with respect to the proceedings of the Board, including provision authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.
(6) The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Part or Chapter II; and in giving any such directions the Secretary of State shall in particular have regard to—
(a) the need to protect the public from serious harm from offenders; and
(b) the desirability of preventing the commission by them of further offences and of securing their rehabilitation.
(7) Schedule 5 to this Act shall have effect with respect to the Board.
33 Duty to release short-term and long-term prisoners.
(1) As soon as a short-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State—
(a) to release him unconditionally if that sentence is for a term of less than twelve months; and
(b) to release him on licence if that sentence is for a term of twelve months or more.
(2) As soon as a long-term prisoner has served two-thirds of his sentence, it shall be the duty of the Secretary of State to release him on licence.
(3) As soon as a short-term or long-term prisoner who—
(a) has been released on licence under this Part; and
(b) has been recalled to prison under section 39(1) or (2) below,
would (but for his release) have served three-quarters of his sentence, it shall be the duty of the Secretary of State to release him on licence.
(3A) In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this Part—
“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;
“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years.
(1) As soon as a prisoner—
(a) whose sentence is for a term of less than twelve months; and
(b) who has been released on licence under section 34A(3) or 36(1) below and recalled to prison under section 38A(1) or 39(1) or (2) below,
would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him unconditionally.
(2) As soon as a prisoner—
(a) whose sentence is for a term of twelve months or more; and
(b) who has been released on licence under section 34A(3) below and recalled to prison under section 38A(1) below,
would (but for his release) have served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.
(3) In the case of a prisoner who—
(a) has been released on licence under this Part and recalled to prison under section 39(1) or (2) below; and
(b) has been subsequently released on licence under section 33(3) or (3A) above and recalled to prison under section 39(1) or (2) below,
section 33(3) above shall have effect as if for the words “three-quarters” there were substituted the words “the whole” and the words “on licence” were omitted.
34A Power to release short-term prisoners on licence.
(1) Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner . . . is serving a sentence of imprisonment for a term of three months or more.
(2) Subsection (3) below does not apply where—
(a) the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000;
(b) the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995;
(c) the sentence was imposed under paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 in a case where the prisoner had failed to comply with a requirement of a curfew order;
(d) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983;
(da) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 ;
(e) the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below;
(f) the prisoner has been released on licence under this section at any time and has been recalled to prison under section 38A(1)(a) below;
(g) the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below;
(h) the prisoner has been returned to prison under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000at any time; or
(j) the interval between—
(i) the date on which the prisoner will have served the requisite period for the term of the sentence; and
(ii) the date on which he will have served one-half of the sentence,
is less than 14 days.
(3) After the prisoner has served the requisite period for the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence.
(4) In this section “the requisite period” means—
(a) for a term of three months or more but less than four months, a period of 30 days;
(b) for a term of four months or more but less than eighteen months , a period equal to one-quarter of the term;
(c) for a term of eighteen months or more, a period that is 135 days less than one-half of the term.
(5) The Secretary of State may by order made by statutory instrument—
(a) repeal the words “aged 18 or over” in subsection (1) above;
(b) amend the definition of “the requisite period” in subsection (4) above; and
(c) make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment.
(6) No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
36 Power to release prisoners on compassionate grounds.
(1) The Secretary of State may at any time release a short-term or long-term prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.
(2) Before releasing a long-term . . . prisoner under subsection (1) above, the Secretary of State shall consult the Board, unless the circumstances are such as to render such consultation impracticable.