Criminal Justice Act 2003

323 Individual support orders: consequential amendments

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324 Parenting orders and referral orders

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325 Arrangements for assessing etc risks posed by certain offenders

(1) In this section— “relevant sexual or violent offender” and “relevant terrorist offender” have the meanings given by section 327; “responsible authority”, in relation to any area, means the chief officer of police, the local probation board for that area or (if there is no local probation board for that area) a relevant provider of probation services and the Minister of the Crown exercising functions in relation to prisons, acting jointly. (2) The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by— (a) relevant sexual and violent offenders, (aa) relevant terrorist offenders, (b) other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public , and (c) other persons who have committed offences (wherever committed) and are considered by the responsible authority to be persons who may be at risk of involvement in terrorism-related activity. (3) In establishing those arrangements, the responsible authority must act in co-operation with the persons specified in subsection (6); and it is the duty of those persons to co-operate in the establishment by the responsible authority of those arrangements, to the extent that such co-operation is compatible with the exercise by those persons of their relevant functions. (4) A person to whom subsection (4A) applies may, for the purpose described in subsection (2), disclose information to another person to whom subsection (4A) applies. (4A) This subsection applies to— (a) the responsible authority, (b) a person specified in subsection (6), and (c) a person who the responsible authority considers may contribute to the achievement of the purpose described in subsection (2). (4B) A disclosure under subsection (4) does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (4C) But subsection (4) does not authorise a disclosure of information that— (a) would contravene the data protection legislation (but in determining whether it would do so, the power in that subsection is to be taken into account), or (b) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (4D) Subsection (4E) applies if a person who may disclose or receive information by virtue of subsection (4) would not otherwise be a competent authority for the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) in relation to the processing by that person of personal data by virtue of that subsection. (4E) The person is to be treated as a competent authority for the purposes of that Part in relation to the processing by that person of personal data by virtue of subsection (4). (4F) But subsection (4E) does not apply to an intelligence service within the meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of that Act). (4G) Subsections (4) to (4F) do not affect any power to disclose information apart from that conferred by subsection (4). (5) The responsible authority for each area (“the relevant area”) and the persons specified in subsection (6) must together draw up a memorandum setting out the ways in which they are to co-operate. (6) The persons referred to in subsections (3) , (4A)(b) and (5) are— (a) every youth offending team established for an area any part of which falls within the relevant area, (b) the Ministers of the Crown exercising functions in relation to social security, child support, war pensions, employment and training, (ba) NHS England, (c) every local authority acting in the exercise of its relevant functions any part of whose area falls within the relevant area, (d) every local housing authority ... any part of whose area falls within the relevant area, (da) every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area, (e) every private registered provider of social housing or registered social landlord which provides or manages residential accommodation in the relevant area in which persons falling within subsection (2)(a) or (b) reside or may reside, (f) every Health Authority ... any part of whose area falls within the relevant area, (g) every integrated care board or ... Local Health Board any part of whose area falls within the relevant area, (h) every NHS trust any part of whose area falls within the relevant area, ... (i) every person who is designated by the Secretary of State by order for the purposes of this paragraph as a provider of electronic monitoring services , and (j) the persons listed in section 48(1A)(a) to (e) of the UK Borders Act 2007 and any person acting pursuant to arrangements relating to the discharge of a function within section 48(1A) of that Act (persons exercising functions as the UK Border Agency). (7) The Secretary of State may by order amend subsection (6) by adding or removing any person or description of person. (8) The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section and sections 326 and 327A. (8A) Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions. (9) In this section— “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “education functions” has the meaning given by section 579(1) of the Education Act 1996; “involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act); “local authority” has the same meaning as in the Education Act 1996 (c. 56); “local housing authority” has the same meaning as in the Housing Act 1985 (c. 68); “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26); “NHS trust” has the same meaning as in the National Health Service Act 2006; “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act); “prison” has the same meaning as in the Prison Act 1952 (c. 52); “processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act); “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 (c. 52); “relevant functions means— in the case of a local authority, the education functions and the social services functions of that authority; in the case of any other person specified in subsection (6), the functions of that person under any other enactment; “a relevant provider of probation services ” in relation to an area means a provider of probation services identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007. ... “ social services functions ” has the meaning given — in relation to England, by section 1A of the Local Authority Social Services Act 1970. in relation to Wales, has the meaning given by section 143 of the Social Services and Well-being (Wales) Act 2014.

326 Review of arrangements

(1) The responsible authority for each area must keep the arrangements established by it under section 325 under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient. (2) The responsible authority for any area must exercise their functions under subsection (1) in consultation with persons appointed by the Secretary of State as lay advisers in relation to that authority. (3) The Secretary of State must appoint two lay advisers under subsection (2) in relation to each responsible authority. (4) The responsible authority must pay to or in respect of the persons so appointed such allowances as the Secretary of State may determine. (5) As soon as practicable after the end of each period of 12 months beginning with 1st April, the responsible authority for each area must— (a) prepare a report on the discharge by it during that period of the functions conferred by section 325 , this section and section 327A , and (b) publish the report in that area. (6) The report must include— (a) details of the arrangements established by the responsible authority, and (b) information of such descriptions as the Secretary of State has notified to the responsible authority that he wishes to be included in the report.

327 Section 325: interpretation

(1) For the purposes of section 325, a person is a relevant sexual or violent offender if he falls within one or more of subsections (2) to (4). (2) A person falls within this subsection if he is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42). (3) A person falls within this subsection if— (a) he has been convicted by a court in England or Wales of murder or an offence specified in Part 1 or 2 of Schedule 15 or in subsection (4A) below, and (b) one of the following sentences was imposed on him in respect of the conviction— (i) a sentence of imprisonment for that is not for a term of less than 12 months, (ii) a sentence of detention in a young offender institution for a term of 12 months or more, (iii) a sentence of detention during Her Majesty’s pleasure, (iv) a sentence of detention for public protection under section 226, (v) a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 250 or 252A of the Sentencing Code (offenders under 18 convicted of certain serious offences), (va) a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 272 or 275 of the Sentencing Code, (vi) a sentence of detention under section 226B or 228 or under section 254 of the Sentencing Code, (vii) a detention and training order for a term of 12 months or more, or (viii) a hospital or guardianship order within the meaning of the Mental Health Act 1983 (c. 20). (4) A person falls within this subsection if— (a) he is found not guilty by a court in England and Wales of murder or an offence specified in Part 1 or 2 of Schedule 15 or in subsection (4A) below by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and (b) one of the following orders is made in respect of the act charged against him as the offence— (i) an order that he be admitted to hospital, or (ii) a guardianship order within the meaning of the Mental Health Act 1983. (4A) The offences specified in this subsection are— (a) an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent); (b) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation), where the offence is committed against a child; (c) an offence under section 4(3) of the Misuse of Drugs Act 1971 where the offence is committed by— (i) supplying or offering to supply a Class A drug to a child, (ii) being concerned in the supplying of such a drug to a child, or (iii) being concerned in the making to a child of an offer to supply such a drug; (ca) an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship); (d) an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this subsection; (e) an offence of conspiring to commit an offence so specified; (f) an offence of attempting to commit an offence so specified. (4B) For the purposes of section 325, a person is a relevant terrorist offender if the person falls within one or both of subsections (4C) and (4D). (4C) A person falls within this subsection if the person is subject to the notification requirements of Part 4 of the Counter-Terrorism Act 2008. (4D) A person falls within this subsection if the person has been convicted of and sentenced for a relevant terrorist offence, or otherwise dealt within in relation to such an offence, as described in— (a) paragraph (a) or (b) of section 45(1) of the Counter-Terrorism Act 2008, (b) paragraph (a) or (b) of section 45(2) of that Act, (c) paragraph (a) or (b) of section 45(3) of that Act, or (d) paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act. (4E) For the purposes of subsection (4D)— (a) any reference in the Counter-Terrorism Act 2008 to an offence to which Part 4 of that Act applies is to be read as if it were a reference to a relevant terrorist offence, and (b) any reference in that Act to a hospital order is to be read as if it included a guardianship order within the meaning of the Mental Health Act 1983 or the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)). (4F) In subsections (4D) and (4E) “relevant terrorist offence” means— (a) an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years), (b) a service offence as respects which the corresponding civil offence is so specified, or (c) an offence which was determined to have a terrorist connection (see subsection (4G)); and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act). (4G) For the purposes of subsection (4F)(c), an offence was determined to have a terrorist connection if it was— (a) determined to have a terrorist connection under— (i) section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006), (ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now capable of posing a risk in an area in England and Wales), or (iii) section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or (b) proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now capable of posing a risk in an area in England and Wales). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In this section— "child" means a person under 18; “court” does not include a service court, as defined by section 305(1).

327A Disclosure of information about convictions etc. of child sex offenders to members of the public

(1) The responsible authority for each area must, in the course of discharging its functions under arrangements established by it under section 325, consider whether to disclose information in its possession about the relevant previous convictions of any child sex offender managed by it to any particular member of the public. (2) In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public. (3) The case is where the responsible authority for the area has reasonable cause to believe that— (a) a child sex offender managed by it poses a risk in that or any other area of causing serious harm to any particular child or children or to children of any particular description, and (b) the disclosure of information about the relevant previous convictions of the offender to the particular member of the public is necessary for the purpose of protecting the particular child or children, or the children of that description, from serious harm caused by the offender. (4) The presumption under subsection (2) arises whether or not the person to whom the information is disclosed requests the disclosure. (5) Where the responsible authority makes a disclosure under this section— (a) it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and (b) it may impose conditions for preventing the member of the public concerned from disclosing the information to any other person. (6) Any disclosure under this section must be made as soon as is reasonably practicable having regard to all the circumstances. (7) The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section. (8) The record must include the following information— (a) the reasons for making a decision to disclose information under this section, (b) the reasons for making a decision not to disclose information under this section, and (c) the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed. (9) Nothing in this section requires or authorises the making of a disclosure which contravenes the data protection legislation. (10) This section is not to be taken as affecting any power of any person to disclose any information about a child sex offender.

327B Section 327A: interpretation

(1) This section applies for the purposes of section 327A. (2) “Child” means a person under 18. (3) “Child sex offence” means an offence listed in Schedule 34A, whenever committed. (4) “Child sex offender” means any person who— (a) has been convicted of such an offence, (b) has been found not guilty of such an offence by reason of insanity, (c) has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or (d) has been cautioned in respect of such an offence. (4A) “The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). (5) In relation to a responsible authority, references to information about the relevant previous convictions of a child sex offender are references to information about— (a) convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and (b) anything under the law of any country or territory outside England and Wales which in the opinion of the responsible authority corresponds to any conviction, finding or caution within paragraph (a) (however described). (6) References to serious harm caused by a child sex offender are references to serious physical or psychological harm caused by the offender committing any offence listed in any paragraph of Schedule 34A other than paragraphs 1 to 6 (offences under provisions repealed by Sexual Offences Act 2003). (7) A responsible authority for any area manages a child sex offender if the offender is a person who poses risks in that area which fall to be managed by the authority under the arrangements established by it under section 325. (8) For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded. (9) In this section “cautioned”, in relation to any person and any offence, means— (a) cautioned after the person has admitted the offence, ... () . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act.

328 Criminal record certificates: amendments of Part 5 of Police Act 1997

Schedule 35 (which contains amendments of Part 5 of the Police Act 1997 (c. 50)) shall have effect.

329 Civil proceedings for trespass to the person brought by offender

(1) This section applies where— (a) a person (“the claimant”) claims that another person (“the defendant”) did an act amounting to trespass to the claimant’s person, and (b) the claimant has been convicted in the United Kingdom of an imprisonable offence committed on the same occasion as that on which the act is alleged to have been done. (2) Civil proceedings relating to the claim may be brought only with the permission of the court. (3) The court may give permission for the proceedings to be brought only if there is evidence that either— (a) the condition in subsection (5) is not met, or (b) in all the circumstances, the defendant’s act was grossly disproportionate. (4) If the court gives permission and the proceedings are brought, it is a defence for the defendant to prove both— (a) that the condition in subsection (5) is met, and (b) that, in all the circumstances, his act was not grossly disproportionate. (5) The condition referred to in subsection (3)(a) and (4)(a) is that the defendant did the act only because— (a) he believed that the claimant— (i) was about to commit an offence, (ii) was in the course of committing an offence, or (iii) had committed an offence immediately beforehand; and (b) he believed that the act was necessary to— (i) defend himself or another person, (ii) protect or recover property, (iii) prevent the commission or continuation of an offence, or (iv) apprehend, or secure the conviction, of the claimant after he had committed an offence; or was necessary to assist in achieving any of those things. (6) Subsection (4) is without prejudice to any other defence. (7) Where— (a) a person is convicted of an offence under section 42 of the Armed Forces Act 2006 (criminal conduct), and (b) the corresponding offence under the law of England and Wales (within the meaning given by that section) is an imprisonable offence, he is to be treated for the purposes of this section as having been convicted in the United Kingdom of that corresponding offence; and in paragraph (a) the reference to conviction includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction. (8) In this section— (a) the reference to trespass to the person is a reference to— (i) assault, (ii) battery, or (iii) false imprisonment; (b) references to a defendant’s belief are to his honest belief, whether or not the belief was also reasonable; (c) “court” means the High Court or the county court and (d) “imprisonable offence” means an offence which, in the case of a person aged 18 or over, is punishable by imprisonment.

330 Orders and rules

(1) This section applies to— (a) any power conferred by this Act on the Secretary of State to make an order or rules; (b) the power conferred by section 168 . . . or the Lord Chief Justice to make an order. (c) the powers conferred on the Lord Chancellor by sections 29(2E), 174(4) and 269(6) to make an order. (2) The power is exercisable by statutory instrument. (2A) Where a statutory instrument is made by the Lord Chief Justice in the exercise of the power referred to in subsection (1)(b), the Statutory Instruments Act 1946 applies to the instrument as if it contained an order made by a Minister of the Crown. (3) The power— (a) may be exercised so as to make different provision for different purposes or different areas, and (b) may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes. (4) The power includes power to make— (a) any supplementary, incidental or consequential provision, and (b) any transitory, transitional or saving provision, which the Minister making the instrument considers necessary or expedient. (5) A statutory instrument containing— (a) an order under any of the following provisions— section 22(3C), section 25(5), section 103, . . . ... ... ... section ... section ... ... section 237A(13), section 246(5), section 254(6A), section 255A(10), section 255BA(10), section 256AZB, ... section 258(2C), section 260, section 267, ... section 281(2), section 283(1), section 291, section 301(5), section 325(7), and ... paragraph 5 of Schedule 31, (aa) an order under section 23A(4) which makes provision— (i) increasing the fraction in section 23A(3)(a), or (ii) increasing the figure in section 23A(3)(b) by more than is necessary to reflect changes in the value of money, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or (c) an order making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, ... (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . may only be made if a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament. (6) Any other statutory instrument made in the exercise of a power to which this section applies is subject to annulment in pursuance of a resolution of either House of Parliament. (7) Subsection (6) does not apply to a statutory instrument containing only an order made under one or more of the following provisions— ... ... section 253(5), section 325(6)(i), and section 336.

330A Orders: Northern Ireland

(1) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 . (2) The Department of Justice shall not make any order— (a) making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, or (b) under section 336(3) bringing section 43 into force, unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. (3) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment. (4) Any other order made by the Department of Justice under section 333, or an order made by the Department of Justice under section 47(8) or 97(2), is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 ). (5) Any power of the Department of Justice to make an order under this Act— (a) may be exercised so as to make different provision for different purposes or different areas, and (b) may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes. (6) The power includes power to make— (a) any supplementary, incidental or consequential provision, and (b) any transitory, transitional or saving provision, which the Department of Justice considers necessary or expedient.

331 Further minor and consequential amendments

Schedule 36 (further minor and consequential amendments) shall have effect.

332 Repeals

Schedule 37 (repeals) shall have effect.

333 Supplementary and consequential provision, etc.

(1) The Secretary of State may by order make— (a) any supplementary, incidental or consequential provision, and (b) any transitory, transitional or saving provision, which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act. (1A) In the application of this section to Northern Ireland, any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland. (2) An order under subsection (1) may, in particular— (a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and (b) amend or repeal— (i) any Act passed before, or in the same Session as, this Act, and (ii) subordinate legislation made before the passing of this Act. (3) Nothing in this section limits the power by virtue of section 330(4)(b) or 330A(6)(b) to include transitional or saving provision in an order under section 336. (4) The amendments that may be made under subsection (2)(b) are in addition to those made by or under any other provision of this Act. (5) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30). (6) Schedule 38 (which contains transitory and transitional provisions and savings) shall have effect.

334 Provision for Northern Ireland

(1) An Order in Council under section 85 of the Northern Ireland Act 1998 (c. 47) (provision dealing with certain reserved matters) which contains a statement that it is made only for purposes corresponding to those of any provisions of this Act specified in subsection (2)— (a) shall not be subject to subsections (3) to (9) of that section (affirmative resolution of both Houses of Parliament), but (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (2) The provisions are— (a) in Part 1, sections 1, 3(3), 4, 7 to 10 and 12 and paragraphs 1, 2, 5 to 10 and 20 of Schedule 1, and (b) Parts 8, 9 and 11. (3) In relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) is in force (suspension of devolved government in Northern Ireland)— (a) the reference in subsection (1) above to section 85 of the Northern Ireland Act 1998 shall be read as a reference to paragraph 1 of the Schedule to the Northern Ireland Act 2000 (legislation by Order in Council during suspension), and (b) the reference in subsection (1)(a) above to subsections (3) to (9) of that section shall be read as a reference to paragraph 2 of that Schedule. (4) The reference in section 41(2) of the Justice (Northern Ireland) Act 2002 (c. 26) (transfer of certain functions to Director of Public Prosecutions for Northern Ireland) to any function of the Attorney General for Northern Ireland of consenting to the institution of criminal proceedings includes any such function which is conferred by an amendment made by this Act. (5) Any reference to any provision of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) in the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) is to be read as a reference to that provision as amended by this Act.

335 Expenses

There shall be paid out of money provided by Parliament— (a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

336 Commencement

(1) The following provisions of this Act come into force on the passing of this Act— section 168(1) and (2), section 183(8), section 307(1) to (3), (5) and (6), section 330, section 333(1) to (5), sections 334 and 335, this section and sections 337, 338 and 339, and the repeal in Part 9 of Schedule 37 of section 81(2) and (3) of the Countryside and Rights of Way Act 2000 (c. 37) (and section 332 so far as relating to that repeal), and paragraphs 1 and 6 of Schedule 38 (and section 333(6) so far as relating to those paragraphs). (2) The following provisions of this Act come into force at the end of the period of four weeks beginning with the day on which this Act is passed— Chapter 7 of Part 12 (and Schedules 21 and 22); section 303(b)(i) and (ii); paragraphs 42, 43(3), 66, 83(1) to (3), 84 and 109(2), (3)(b), (4) and (5) of Schedule 32 (and section 304 so far as relating to those provisions); Part 8 of Schedule 37 (and section 332 so far as relating to that Part of that Schedule). (3) The remaining provisions of this Act come into force in accordance with provision made by the Secretary of State by order. (4) Different provision may be made for different purposes and different areas. (5) For the purposes of the law of Northern Ireland, the power in subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).

337 Extent

(1) Subject to the following provisions of this section and to section 338, this Act extends to England and Wales only. (2) The following provisions extend also to Scotland and Northern Ireland— sections 71 and 72; sections 82 and 83; ... section 188 and Schedule 11; ... section 293; section 306 section 307; section 311; this Part, except sections 331, 332 and 334(5); paragraphs 19, 70 and 71 of Schedule 3; ... paragraphs 3, 6, 7 and 8 of Schedule 27; paragraphs 6 to 8 of Schedule 31. (3) The following provisions extend also to Scotland— section 50(14); section 286; sections 287, 288, and 291; section 302; paragraph 2 of Schedule 23; paragraphs 1, 2 and 5 of Schedule 27; paragraph 7 of Schedule 38. (4) Section 290 extends to Scotland only. (5) The following provisions extend also to Northern Ireland— Part 5; Part 7; sections 75 to 81; sections 84 to 93; sections 95 to 97; section 315; section 328; Schedule 5. Schedule 35. (6) The following provisions extend to Northern Ireland only— . . . sections 296 and 297; section 314; section 317; section 334(5). (7) The amendment or repeal of any enactment by any provision of— (a) Part 1, (b) section 285, (c) Part 2 of Schedule 3 (except as mentioned in subsection (8)), (d) Schedule 27, (e) Schedule 28, (f) Part 1 of Schedule 32, (g) Parts 1 to 4 and 6 of Schedule 36, and (h) Parts 1 to 4, 6 to 8, 10 and 12 of Schedule 37 (except as mentioned in subsection (9)), extends to the part or parts of the United Kingdom to which the enactment extends. (8) Paragraphs 29, 30, 31, 39, 41, 50, 53 and 63 of Schedule 3 do not extend to Northern Ireland. (9) The repeals in Part 4 of Schedule 37 relating to— (a) the Bankers' Books Evidence Act 1879 (c. 11), (b) the Explosive Substances Act 1883 (c. 3), (c) the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), (d) the Customs and Excise Management Act 1979 (c. 2), and (e) the Contempt of Court Act 1981 (c. 49), do not extend to Northern Ireland. (10) The provisions mentioned in subsection (11), so far as relating to proceedings before a particular service court, have the same extent as the Act under which the court is constituted. (11) Those provisions are— section 113 and Schedule 6; section 135 and Schedule 7. (12) Nothing in subsection (1) affects — (a) the extent of Chapter 7 of Part 12 so far as relating to sentences passed in respect of service offences within the meaning of the Armed Forces Act 2006, or (b) the extent of section 299 and Schedule 30 so far as relating to the making of orders by, or orders made by, the Court Martial or the Court Martial Appeal Court. (12A) Nothing in subsection (1) affects the extent of section 94; and section 384 of the Armed Forces Act 2006 applies in relation to section 94 of this Act as it applies in relation to that Act. (13) Any provision of this Act which— (a) relates to any enactment contained in— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iv) the Court Martial Appeals Act 1968(c. 20), or (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (vi) section 113 of the Police and Criminal Evidence Act 1984 (c. 60), (vii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has the same extent as the enactment to which it relates.

338 Channel Islands and Isle of Man

(1) Subject to subsections (2) and (3), Her Majesty may by Order in Council extend any provision of this Act, with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man. (2) Subsection (1) does not authorise the extension to any place of a provision of this Act so far as the provision amends an enactment that does not itself extend there and is not itself capable of being extended there in the exercise of a power conferred on Her Majesty in Council. (3) Subsection (1) does not apply in relation to any provision that extends to the Channel Islands or the Isle of Man by virtue of any of subsections (10) to (13) of section 337. (4) Subsection (4) of section 330 applies to the power to make an Order in Council under subsection (1) as it applies to any power of the Secretary of State to make an order under this Act, but as if references in that subsection to the Minister making the instrument were references to Her Majesty in Council.

339 Short title

This Act may be cited as the Criminal Justice Act 2003.

SCHEDULE 1 Amendments related to Part 1

Section 12 The 1984 Act 1 The 1984 Act is amended as follows. 2 In section 18 (entry and search after arrest), for subsection (5) there is substituted— (5) A constable may conduct a search under subsection (1)— (a) before the person is taken to a police station or released on bail under section 30A, and (b) without obtaining an authorisation under subsection (4), if the condition in subsection (5A) is satisfied. (5A) The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence. 3 In section 21 (access and copying), at the end there is inserted— (9) The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant. 4 In section 22 (retention), at the end there is inserted— (7) The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant. 5 In section 34 (limitation on police detention), for subsection (7) there is substituted— (7) For the purposes of this Part a person who— (a) attends a police station to answer to bail granted under section 30A, (b) returns to a police station to answer to bail granted under this Part, or (c) is arrested under section 30D or 46A, is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail. 6 In section 35(1) (designated police stations), for “section 30(3) and (5) above” there is substituted “ sections 30(3) and (5), 30A(5) and 30D(2) ”. 7 In section 36 (custody officers at police stations), after subsection (7) there is inserted— (7A) Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station. (7B) Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail. 8 In section 41(2) (calculation of periods of time), after paragraph (c) there is inserted— (ca) in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station; . 9 In section 45A(2)(a) (functions which may be performed by video-conferencing), after “taken to” there is inserted “ , or answering to bail at, ”. 10 In section 47 (bail after arrest)— (a) in subsection (6), after “granted bail” there is inserted “ under this Part ”, and (b) in subsection (7), after “released on bail” there is inserted “ under this Part ”. Criminal Justice Act 1987 (c. 38) 11 In section 2 of the Criminal Justice Act 1987 (director’s investigation powers), after subsection (6) there is inserted— (6A) Where an appropriate person accompanies a constable, he may exercise the powers conferred by subsection (5) but only in the company, and under the supervision, of the constable. 12 In subsection (7) of that section (meaning of appropriate person), for “subsection (6) above” there is substituted “ this section ”. 13 In subsection (8D) of that section (references to evidence obtained by Director), after “by a constable” there is inserted “ or by an appropriate person ”. Criminal Justice and Police Act 2001 (c. 16) 14 In section 56 of the Criminal Justice and Police Act 2001 (property seized by constables etc.), after subsection (4) there is inserted— (4A) Subsection (1)(a) includes property seized on any premises— (a) by a person authorised under section 16(2) of the 1984 Act to accompany a constable executing a warrant, or (b) by a person accompanying a constable under section 2(6) of the Criminal Justice Act 1987 in the execution of a warrant under section 2(4) of that Act. Armed Forces Act 2001 (c. 19) 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Reform Act 2002 (c. 30) 16 Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians) is amended as follows. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 In paragraph 34 (powers of escort officer to take arrested person to prison), in sub-paragraph (1)(a), for “subsection (1) of section 30” there is substituted “ subsection (1A) of section 30 ”.

SCHEDULE 2 Charging or release of persons in police detention

Section 28 1 The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. 2 (1) Section 37 (duties of custody officers before charge) is amended as follows. (2) In subsection (7) for paragraphs (a) and (b) there is substituted— (a) shall be released without charge and on bail for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below, (b) shall be released without charge and on bail but not for that purpose, (c) shall be released without charge and without bail, or (d) shall be charged. (3) After that subsection there is inserted— (7A) The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer. (7B) Where a person is released under subsection (7)(a) above, it shall be the duty of the custody officer to inform him that he is being released to enable the Director of Public Prosecutions to make a decision under section 37B below. (4) In subsection (8)(a) after “(7)(b)” there is inserted “ or (c) ”. 3 After that section there is inserted— Guidance 37A (1) The Director of Public Prosecutions may issue guidance— (a) for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) below, and (b) as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below. (2) The Director of Public Prosecutions may from time to time revise guidance issued under this section. (3) Custody officers are to have regard to guidance under this section in deciding how persons should be dealt with under section 37(7) above or 37C(2) below. (4) A report under section 9 of the Prosecution of Offences Act 1985 (report by DPP to Attorney General) must set out the provisions of any guidance issued, and any revisions to guidance made, in the year to which the report relates. (5) The Director of Public Prosecutions must publish in such manner as he thinks fit— (a) any guidance issued under this section, and (b) any revisions made to such guidance. (6) Guidance under this section may make different provision for different cases, circumstances or areas. Consultation with the Director of Public Prosecutions 37B (1) Where a person is released on bail under section 37(7)(a) above, an officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions such information as may be specified in guidance under section 37A above. (2) The Director of Public Prosecutions shall decide whether there is sufficient evidence to charge the person with an offence. (3) If he decides that there is sufficient evidence to charge the person with an offence, he shall decide— (a) whether or not the person should be charged and, if so, the offence with which he should be charged, and (b) whether or not the person should be given a caution and, if so, the offence in respect of which he should be given a caution. (4) The Director of Public Prosecutions shall give written notice of his decision to an officer involved in the investigation of the offence. (5) If his decision is— (a) that there is not sufficient evidence to charge the person with an offence, or (b) that there is sufficient evidence to charge the person with an offence but that the person should not be charged with an offence or given a caution in respect of an offence, a custody officer shall give the person notice in writing that he is not to be prosecuted. (6) If the decision of the Director of Public Prosecutions is that the person should be charged with an offence, or given a caution in respect of an offence, the person shall be charged or cautioned accordingly. (7) But if his decision is that the person should be given a caution in respect of the offence and it proves not to be possible to give the person such a caution, he shall instead be charged with the offence. (8) For the purposes of this section, a person is to be charged with an offence either— (a) when he is in police detention after returning to a police station to answer bail or is otherwise in police detention at a police station, or (b) in accordance with section 29 of the Criminal Justice Act 2003. (9) In this section “caution” includes— (a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003, and (b) a warning or reprimand under section 65 of the Crime and Disorder Act 1998. Breach of bail following release under section 37(7)(a) 37C (1) This section applies where— (a) a person released on bail under section 37(7)(a) above or subsection (2)(b) below is arrested under section 46A below in respect of that bail, and (b) at the time of his detention following that arrest at the police station mentioned in section 46A(2) below, notice under section 37B(4) above has not been given. (2) The person arrested— (a) shall be charged, or (b) shall be released without charge, either on bail or without bail. (3) The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer. (4) A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest. Release under section 37(7)(a): further provision 37D (1) Where a person is released on bail under section 37(7)(a) or section 37C(2)(b) above, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail. (2) The custody officer shall give the person notice in writing of the exercise of the power under subsection (1). (3) The exercise of the power under subsection (1) shall not affect the conditions (if any) to which bail is subject. (4) Where a person released on bail under section 37(7)(a) or 37C(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37B or 37C above or to enable the power under subsection (1) above to be exercised. (5) If the person is not in a fit state to enable him to be so dealt with or to enable that power to be exercised, he may be kept in police detention until he is. (6) Where a person is kept in police detention by virtue of subsection (4) or (5) above, section 37(1) to (3) and (7) above (and section 40(8) below so far as it relates to section 37(1) to (3)) shall not apply to the offence in connection with which he was released on bail under section 37(7)(a) or 37C(2)(b) above. 4 In section 40 (review of police detention) in subsection (9) after “37(9)” there is inserted “ or 37D(5) ”. 5 In section 46A (power of arrest for failure to answer police bail) after subsection (1) insert— (1A) A person who has been released on bail under section 37(7)(a) or 37C(2)(b) above may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail. 6 (1) Section 47 (bail after arrest) is amended as follows. (2) In subsection (1) (release on bail under Part 4 shall be release on bail granted in accordance with certain provisions of the Bail Act 1976) for “Subject to subsection (2) below” there is substituted “ Subject to the following provisions of this section ”. (3) In subsection (1A) (bail conditions may be imposed when a person is released under section 38(1)) after “section”, in the first place where it occurs, there is inserted “ 37(7)(a) above or section ”. (4) After that subsection there is inserted— (1B) No application may be made under section 5B of the Bail Act 1976 if a person is released on bail under section 37(7)(a) or 37C(2)(b) above. (1C) Subsections (1D) to (1F) below apply where a person released on bail under section 37(7)(a) or 37C(2)(b) above is on bail subject to conditions. (1D) The person shall not be entitled to make an application under section 43B of the Magistrates' Courts Act 1980. (1E) A magistrates' court may, on an application by or on behalf of the person, vary the conditions of bail; and in this subsection “vary” has the same meaning as in the Bail Act 1976. (1F) Where a magistrates' court varies the conditions of bail under subsection (1E) above, that bail shall not lapse but shall continue subject to the conditions as so varied.

SCHEDULE 3 Allocation of cases triable either way, and sending cases to the Crown Court etc

Section 41 Part 1 Principal amendments Magistrates' Courts Act 1980 (c. 43) 1 The Magistrates' Courts Act 1980 is amended as follows. 2 (1) Section 17A (initial indication as to plea) is amended as follows. (2) For paragraph (b) of subsection (4) there is substituted— (b) he may (unless section 17D(2) below were to apply) be committed for sentence to the Crown Court under section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section. (3) After subsection (9) there is inserted— (10) If in respect of the offence the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and the provisions of section 17B below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51 or, as the case may be, section 51A of that Act. 3 After section 17C there is inserted— Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences 17D (1) If— (a) the offence is a scheduled offence (as defined in section 22(1) below); (b) the court proceeds in relation to the offence in accordance with section 17A(6) or 17B(2)(c) above; and (c) the court convicts the accused of the offence, the court shall consider whether, having regard to any representations made by him or by the prosecutor, the value involved (as defined in section 22(10) below) appears to the court to exceed the relevant sum (as specified for the purposes of section 22 below). (2) If it appears to the court clear that the value involved does not exceed the relevant sum, or it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum— (a) subject to subsection (4) below, the court shall not have power to impose on the accused in respect of the offence a sentence in excess of the limits mentioned in section 33(1)(a) below; and (b) sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 shall not apply as regards that offence. (3) Subsections (9) to (12) of section 22 below shall apply for the purposes of this section as they apply for the purposes of that section (reading the reference to subsection (1) in section 22(9) as a reference to subsection (1) of this section). (4) Subsection (2)(a) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking). Functions under sections 17A to 17D capable of exercise by single justice 17E (1) The functions of a magistrates' court under sections 17A to 17D above may be discharged by a single justice. (2) Subsection (1) above shall not be taken as authorising— (a) the summary trial of an information (otherwise than in accordance with section 17A(6) or 17B(2)(c) above); or (b) the imposition of a sentence, by a magistrates' court composed of fewer than two justices. 4 In section 18 (initial procedure on information against adult for offence triable either way), for subsection (5) there is substituted— (5) The functions of a magistrates' court under sections 19 to 23 below may be discharged by a single justice, but this subsection shall not be taken as authorising— (a) the summary trial of an information (otherwise than in accordance with section 20(7) below); or (b) the imposition of a sentence, by a magistrates' court composed of fewer than two justices. 5 For section 19 (court to begin by considering which mode of trial appears more suitable) there is substituted— Decision as to allocation 19 (1) The court shall decide whether the offence appears to it more suitable for summary trial or for trial on indictment. (2) Before making a decision under this section, the court— (a) shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); and (b) shall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable. (3) In making a decision under this section, the court shall consider— (a) whether the sentence which a magistrates' court would have power to impose for the offence would be adequate; and (b) any representations made by the prosecution or the accused under subsection (2)(b) above, and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003. (4) Where— (a) the accused is charged with two or more offences; and (b) it appears to the court that the charges for the offences could be joined in the same indictment or that the offences arise out of the same or connected circumstances, subsection (3)(a) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together. (5) In this section any reference to a previous conviction is a reference to— (a) a previous conviction by a court in the United Kingdom; or (b) a previous finding of guilt in— (i) any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or (ii) any proceedings before a Standing Civilian Court. (6) If, in respect of the offence, the court receives a notice under section 51B or 51C of the Crime and Disorder Act 1998 (which relate to serious or complex fraud cases and to certain cases involving children respectively), the preceding provisions of this section and sections 20, 20A and 21 below shall not apply, and the court shall proceed in relation to the offence in accordance with section 51(1) of that Act. 6 For section 20 (procedure where summary trial appears more suitable) there is substituted— Procedure where summary trial appears more suitable 20 (1) If the court decides under section 19 above that the offence appears to it more suitable for summary trial, the following provisions of this section shall apply (unless they are excluded by section 23 below). (2) The court shall explain to the accused in ordinary language— (a) that it appears to the court more suitable for him to be tried summarily for the offence; (b) that he can either consent to be so tried or, if he wishes, be tried on indictment; and (c) that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3 or (if applicable) section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section. (3) The accused may then request an indication (“an indication of sentence”) of whether a custodial sentence or non-custodial sentence would be more likely to be imposed if he were to be tried summarily for the offence and to plead guilty. (4) If the accused requests an indication of sentence, the court may, but need not, give such an indication. (5) If the accused requests and the court gives an indication of sentence, the court shall ask the accused whether he wishes, on the basis of the indication, to reconsider the indication of plea which was given, or is taken to have been given, under section 17A or 17B above. (6) If the accused indicates that he wishes to reconsider the indication under section 17A or 17B above, the court shall ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty. (7) If the accused indicates that he would plead guilty the court shall proceed as if— (a) the proceedings constituted from that time the summary trial of the information; and (b) section 9(1) above were complied with and he pleaded guilty under it. (8) Subsection (9) below applies where— (a) the court does not give an indication of sentence (whether because the accused does not request one or because the court does not agree to give one); (b) the accused either— (i) does not indicate, in accordance with subsection (5) above, that he wishes; or (ii) indicates, in accordance with subsection (5) above, that he does not wish, to reconsider the indication of plea under section 17A or 17B above; or (c) the accused does not indicate, in accordance with subsection (6) above, that he would plead guilty. (9) The court shall ask the accused whether he consents to be tried summarily or wishes to be tried on indictment and— (a) if he consents to be tried summarily, shall proceed to the summary trial of the information; and (b) if he does not so consent, shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998. Procedure where summary trial appears more suitable: supplementary 20A (1) Where the case is dealt with in accordance with section 20(7) above, no court (whether a magistrates' court or not) may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in section 20 above. (2) Subsection (1) above is subject to sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000. (3) Except as provided in subsection (1) above— (a) an indication of sentence shall not be binding on any court (whether a magistrates' court or not); and (b) no sentence may be challenged or be the subject of appeal in any court on the ground that it is not consistent with an indication of sentence. (4) Subject to section 20(7) above, the following shall not for any purpose be taken to constitute the taking of a plea— (a) asking the accused under section 20 above whether (if the offence were to proceed to trial) he would plead guilty or not guilty; or (b) an indication by the accused under that section of how he would plead. (5) Where the court gives an indication of sentence under section 20 above, it shall cause each such indication to be entered in the register. (6) In this section and in section 20 above, references to a custodial sentence are to a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000, and references to a non-custodial sentence shall be construed accordingly. 7 For section 21 (procedure where trial on indictment appears more suitable) there is substituted— Procedure where trial on indictment appears more suitable 21 If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, the court shall tell the accused that the court has decided that it is more suitable for him to be tried on indictment, and shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998. 8 (1) Section 23 (power of court, with consent of legally represented accused, to proceed in his absence) is amended as follows. (2) In subsection (4)— (a) for the words preceding paragraph (a) there is substituted “ If the court decides under section 19 above that the offence appears to it more suitable for summary trial then— ”, and (b) in paragraph (b), for the words from “to inquire” to the end there is substituted “ in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998. ”. (3) For subsection (5) there is substituted— (5) If the court decides under section 19 above that the offence appears to it more suitable for trial on indictment, section 21 above shall not apply and the court shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998. 9 (1) Section 24 (summary trial of information against child or young persons for indictable offence), as amended by section 42 of this Act, is amended as follows. (2) For subsection (1) there is substituted— (1) Where a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an indictable offence he shall, subject to sections 51 and 51A of the Crime and Disorder Act 1998 and to sections 24A and 24B below, be tried summarily. (3) Subsections (1A) , (1B) and (2) are omitted. (4) In subsection (3) for “the said Act of 2000” substitute the Powers of Criminal Courts (Sentencing) Act 2000. 10 After section 24 there is inserted— Child or young person to indicate intention as to plea in certain cases 24A (1) This section applies where— (a) a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998 (“the 1998 Act”); and (b) but for the application of the following provisions of this section, the court would be required at that stage, by virtue of section 51(7) or (8) or 51A(3)(b), (4) or (5) of the 1998 Act to determine, in relation to the offence, whether to send the person to the Crown Court for trial (or to determine any matter, the effect of which would be to determine whether he is sent to the Crown Court for trial). (2) Where this section applies, the court shall, before proceeding to make any such determination as is referred to in subsection (1)(b) above (the “relevant determination”), follow the procedure set out in this section. (3) Everything that the court is required to do under the following provisions of this section must be done with the accused person in court. (4) The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused. (5) The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty— (a) the court must proceed as mentioned in subsection (7) below; and (b) (in cases where the offence is one mentioned in section 91(1) of the Powers of Criminal Courts (Sentencing) Act 2000) he may be sent to the Crown Court for sentencing under section 3B or (if applicable) 3C of that Act if the court is of such opinion as is mentioned in subsection (2) of the applicable section. (6) The court shall then ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty. (7) If the accused indicates that he would plead guilty, the court shall proceed as if— (a) the proceedings constituted from the beginning the summary trial of the information; and (b) section 9(1) above was complied with and he pleaded guilty under it, and, accordingly, the court shall not (and shall not be required to) proceed to make the relevant determination or to proceed further under section 51 or (as the case may be) section 51A of the 1998 Act in relation to the offence. (8) If the accused indicates that he would plead not guilty, the court shall proceed to make the relevant determination and this section shall cease to apply. (9) If the accused in fact fails to indicate how he would plead, for the purposes of this section he shall be taken to indicate that he would plead not guilty. (10) Subject to subsection (7) above, the following shall not for any purpose be taken to constitute the taking of a plea— (a) asking the accused under this section whether (if the offence were to proceed to trial) he would plead guilty or not guilty; (b) an indication by the accused under this section of how he would plead. Intention as to plea by child or young person: absence of accused 24B (1) This section shall have effect where— (a) a person under the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence other than one falling within section 51A(12) of the Crime and Disorder Act 1998; (b) but for the application of the following provisions of this section, the court would be required at that stage to make one of the determinations referred to in paragraph (b) of section 24A(1) above (“the relevant determination”); (c) the accused is represented by a legal representative; (d) the court considers that by reason of the accused’s disorderly conduct before the court it is not practicable for proceedings under section 24A above to be conducted in his presence; and (e) the court considers that it should proceed in the absence of the accused. (2) In such a case— (a) the court shall cause the charge to be written down, if this has not already been done, and to be read to the representative; (b) the court shall ask the representative whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty; (c) if the representative indicates that the accused would plead guilty the court shall proceed as if the proceedings constituted from the beginning the summary trial of the information, and as if section 9(1) above was complied with and the accused pleaded guilty under it; (d) if the representative indicates that the accused would plead not guilty the court shall proceed to make the relevant determination and this section shall cease to apply. (3) If the representative in fact fails to indicate how the accused would plead, for the purposes of this section he shall be taken to indicate that the accused would plead not guilty. (4) Subject to subsection (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea— (a) asking the representative under this section whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty; (b) an indication by the representative under this section of how the accused would plead. Intention as to plea by child or young person: adjournment 24C (1) A magistrates' court proceeding under section 24A or 24B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused. (2) Where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below. Functions under sections 24A to 24C capable of exercise by single justice 24D (1) The functions of a magistrates' court under sections 24A to 24C above may be discharged by a single justice. (2) Subsection (1) above shall not be taken as authorising— (a) the summary trial of an information (other than a summary trial by virtue of section 24A(7) or 24B(2)(c) above); or (b) the imposition of a sentence, by a magistrates' court composed of fewer than two justices. 11 (1) Section 25 (power to change from summary trial to committal proceedings and vice versa), as amended by section 42 of this Act, is amended as follows. (2) In subsection (1), for “(2) to (4)” there is substituted “ (2) to (2D) ”. (3) For subsection (2) there is substituted— (2) Where the court is required under section 20(9) above to proceed to the summary trial of the information, the prosecution may apply to the court for the offence to be tried on indictment instead. (2A) An application under subsection (2) above— (a) must be made before the summary trial begins; and (b) must be dealt with by the court before any other application or issue in relation to the summary trial is dealt with. (2B) The court may grant an application under subsection (2) above but only if it is satisfied that the sentence which a magistrates' court would have power to impose for the offence would be inadequate. (2C) Where— (a) the accused is charged on the same occasion with two or more offences; and (b) it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character, subsection (2B) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together. (2D) Where the court grants an application under subsection (2) above, it shall proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998. (4) Subsections (3) to (8) are omitted. 12 For subsections (1) and (2) of section 26 (power to issue summons to accused in certain circumstances) there is substituted— (1) Where, in the circumstances mentioned in section 23(1)(a) above, the court is not satisfied that there is good reason for proceeding in the absence of the accused, the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court. (2) In a case within subsection (1) above, if the accused is not present at the time and place appointed for the proceedings under section 19 or section 22(1) above, the court may issue a warrant for his arrest. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Section 42 (restriction on justices sitting after dealing with bail) shall cease to have effect. Crime and Disorder Act 1998 (c. 37) 15 The Crime and Disorder Act 1998 is amended as follows. 16 In section 50 (early administrative hearings), in subsection (1) (court may consist of single justice unless accused falls to be dealt with under section 51), the words “unless the accused falls to be dealt with under section 51 below” are omitted. 17 After section 50 there is inserted— Order of consideration for either-way offences 50A (1) Where an adult appears or is brought before a magistrates' court charged with an either-way offence (the “relevant offence”), the court shall proceed in the manner described in this section. (2) If notice is given in respect of the relevant offence under section 51B or 51C below, the court shall deal with the offence as provided in section 51 below. (3) Otherwise— (a) if the adult (or another adult with whom the adult is charged jointly with the relevant offence) is or has been sent to the Crown Court for trial for an offence under section 51(2)(a) or 51(2)(c) below— (i) the court shall first consider the relevant offence under subsection (3), (4), (5) or, as the case may be, (6) of section 51 below and, where applicable, deal with it under that subsection; (ii) if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of sub-paragraph (i) above, the court shall then proceed to deal with the relevant offence in accordance with sections 17A to 23 of the 1980 Act; (b) in all other cases— (i) the court shall first consider the relevant offence under sections 17A to 20 (excluding subsections (8) and (9) of section 20) of the 1980 Act; (ii) if, by virtue of sub-paragraph (i) above, the court would be required to proceed in relation to the offence as mentioned in section 17A(6), 17B(2)(c) or 20(7) of that Act (indication of guilty plea), it shall proceed as so required (and, accordingly, shall not consider the offence under section 51 or 51A below); (iii) if sub-paragraph (ii) above does not apply— (a) the court shall consider the relevant offence under sections 51 and 51A below and, where applicable, deal with it under the relevant section; (b) if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of paragraph (a) of this sub-paragraph, the court shall then proceed to deal with the relevant offence as contemplated by section 20(9) or, as the case may be, section 21 of the 1980 Act. (4) Subsection (3) above is subject to any requirement to proceed as mentioned in subsections (2) or (6)(a) of section 22 of the 1980 Act (certain offences where value involved is small). (5) Nothing in this section shall prevent the court from committing the adult to the Crown Court for sentence pursuant to any enactment, if he is convicted of the relevant offence. 18 For section 51 (no committal proceedings for indictable-only offences) there is substituted— Sending cases to the Crown Court: adults 51 (1) Where an adult appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (2) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence. (2) Those conditions are— (a) that the offence is an offence triable only on indictment other than one in respect of which notice has been given under section 51B or 51C below; (b) that the offence is an either-way offence and the court is required under section 20(9)(b), 21, 23(4)(b) or (5) or 25(2D) of the Magistrates' Courts Act 1980 to proceed in relation to the offence in accordance with subsection (1) above; (c) that notice is given to the court under section 51B or 51C below in respect of the offence. (3) Where the court sends an adult for trial under subsection (1) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which— (a) (if it is an either-way offence) appears to the court to be related to the offence mentioned in subsection (1) above; or (b) (if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (1) above or to the either-way offence, and which fulfils the requisite condition (as defined in subsection (11) below). (4) Where an adult who has been sent for trial under subsection (1) above subsequently appears or is brought before a magistrates' court charged with an either-way or summary offence which— (a) appears to the court to be related to the offence mentioned in subsection (1) above; and (b) (in the case of a summary offence) fulfils the requisite condition, the court may send him forthwith to the Crown Court for trial for the either-way or summary offence. (5) Where— (a) the court sends an adult (“A”) for trial under subsection (1) or (3) above; (b) another adult appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an either-way offence; and (c) that offence appears to the court to be related to an offence for which A was sent for trial under subsection (1) or (3) above, the court shall where it is the same occasion, and may where it is a subsequent occasion, send the other adult forthwith to the Crown Court for trial for the either-way offence. (6) Where the court sends an adult for trial under subsection (5) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which— (a) (if it is an either-way offence) appears to the court to be related to the offence for which he is sent for trial; and (b) (if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the either-way offence, and which fulfils the requisite condition. (7) Where— (a) the court sends an adult (“A”) for trial under subsection (1), (3) or (5) above; and (b) a child or young person appears or is brought before the court on the same or a subsequent occasion charged jointly with A with an indictable offence for which A is sent for trial under subsection (1), (3) or (5) above, or an indictable offence which appears to the court to be related to that offence, the court shall, if it considers it necessary in the interests of justice to do so, send the child or young person forthwith to the Crown Court for trial for the indictable offence. (8) Where the court sends a child or young person for trial under subsection (7) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which— (a) (if it is an indictable offence) appears to the court to be related to the offence for which he is sent for trial; and (b) (if it is a summary offence) appears to the court to be related to the offence for which he is sent for trial or to the indictable offence, and which fulfils the requisite condition. (9) Subsections (7) and (8) above are subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain cases involving children and young persons to be tried summarily). (10) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption. (11) A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving. (12) In the case of an adult charged with an offence— (a) if the offence satisfies paragraph (c) of subsection (2) above, the offence shall be dealt with under subsection (1) above and not under any other provision of this section or section 51A below; (b) subject to paragraph (a) above, if the offence is one in respect of which the court is required to, or would decide to, send the adult to the Crown Court under— (i) subsection (5) above; or (ii) subsection (6) of section 51A below, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51A below. (13) The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice. Sending cases to the Crown Court: children and young persons 51A (1) This section is subject to sections 24A and 24B of the Magistrates' Courts Act 1980 (which provide for certain offences involving children or young persons to be tried summarily). (2) Where a child or young person appears or is brought before a magistrates' court (“the court”) charged with an offence and any of the conditions mentioned in subsection (3) below is satisfied, the court shall send him forthwith to the Crown Court for trial for the offence. (3) Those conditions are— (a) that the offence falls within subsection (12) below; (b) that the offence is such as is mentioned in subsection (1) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (other than one mentioned in paragraph (d) below in relation to which it appears to the court as mentioned there) and the court considers that if he is found guilty of the offence it ought to be possible to sentence him in pursuance of subsection (3) of that section; (c) that notice is given to the court under section 51B or 51C below in respect of the offence; (d) that the offence is a specified offence (within the meaning of section 224 of the Criminal Justice Act 2003) and it appears to the court that if he is found guilty of the offence the criteria for the imposition of a sentence under section 226(3) or 228(2) of that Act would be met. (4) Where the court sends a child or young person for trial under subsection (2) above, it may at the same time send him to the Crown Court for trial for any indictable or summary offence with which he is charged and which— (a) (if it is an indictable offence) appears to the court to be related to the offence mentioned in subsection (2) above; or (b) (if it is a summary offence) appears to the court to be related to the offence mentioned in subsection (2) above or to the indictable offence, and which fulfils the requisite condition (as defined in subsection (9) below). (5) Where a child or young person who has been sent for trial under subsection (2) above subsequently appears or is brought before a magistrates' court charged with an indictable or summary offence which— (a) appears to the court to be related to the offence mentioned in subsection (2) above; and (b) (in the case of a summary offence) fulfils the requisite condition, the court may send him forthwith to the Crown Court for trial for the indictable or summary offence. (6) Where— (a) the court sends a child or young person (“C”) for trial under subsection (2) or (4) above; and (b) an adult appears or is brought before the court on the same or a subsequent occasion charged jointly with C with an either-way offence for which C is sent for trial under subsection (2) or (4) above, or an either-way offence which appears to the court to be related to that offence, the court shall where it is the same occasion, and may where it is a subsequent occasion, send the adult forthwith to the Crown Court for trial for the either-way offence. (7) Where the court sends an adult for trial under subsection (6) above, it shall at the same time send him to the Crown Court for trial for any either-way or summary offence with which he is charged and which— (a) (if it is an either-way offence) appears to the court to be related to the offence for which he was sent for trial; and (b) (if it is a summary offence) appears to the court to be related to the offence for which he was sent for trial or to the either-way offence, and which fulfils the requisite condition. (8) The trial of the information charging any summary offence for which a person is sent for trial under this section shall be treated as if the court had adjourned it under section 10 of the 1980 Act and had not fixed the time and place for its resumption. (9) A summary offence fulfils the requisite condition if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving. (10) In the case of a child or young person charged with an offence— (a) if the offence satisfies any of the conditions in subsection (3) above, the offence shall be dealt with under subsection (2) above and not under any other provision of this section or section 51 above; (b) subject to paragraph (a) above, if the offence is one in respect of which the requirements of subsection (7) of section 51 above for sending the child or young person to the Crown Court are satisfied, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51 above. (11) The functions of a magistrates' court under this section, and its related functions under section 51D below, may be discharged by a single justice. (12) An offence falls within this subsection if— (a) it is an offence of homicide; or (b) each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to— (i) the offence; and (ii) the person charged with it, if he were convicted of the offence. Notices in serious or complex fraud cases 51B (1) A notice may be given by a designated authority under this section in respect of an indictable offence if the authority is of the opinion that the evidence of the offence charged— (a) is sufficient for the person charged to be put on trial for the offence; and (b) reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court. (2) That opinion must be certified by the designated authority in the notice. (3) The notice must also specify the proposed place of trial, and in selecting that place the designated authority must have regard to the same matters as are specified in paragraphs (a) to (c) of section 51D(4) below. (4) A notice under this section must be given to the magistrates' court at which the person charged appears or before which he is brought. (5) Such a notice must be given to the magistrates' court before any summary trial begins. (6) The effect of such a notice is that the functions of the magistrates' court cease in relation to the case, except— (a) for the purposes of section 51D below; (b) as provided by paragraph 2 of Schedule 3 to the Access to Justice Act 1999; and (c) as provided by section 52 below. (7) The functions of a designated authority under this section may be exercised by an officer of the authority acting on behalf of the authority. (8) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not). (9) In this section “designated authority” means— (a) the Director of Public Prosecutions; (b) the Director of the Serious Fraud Office; (c) the Commissioners of the Inland Revenue; (d) the Commissioners of Customs and Excise; or (e) the Secretary of State. Notices in certain cases involving children 51C (1) A notice may be given by the Director of Public Prosecutions under this section in respect of an offence falling within subsection (3) below if he is of the opinion— (a) that the evidence of the offence would be sufficient for the person charged to be put on trial for the offence; (b) that a child would be called as a witness at the trial; and (c) that, for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court. (2) That opinion must be certified by the Director of Public Prosecutions in the notice. (3) This subsection applies to an offence— (a) which involves an assault on, or injury or a threat of injury to, a person; (b) under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16); (c) under the Sexual Offences Act 1956, the Protection of Children Act 1978 or the Sexual Offences Act 2003; (d) of kidnapping or false imprisonment, or an offence under section 1 or 2 of the Child Abduction Act 1984; (e) which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b), (c) or (d) above. (4) Subsections (4), (5) and (6) of section 51B above apply for the purposes of this section as they apply for the purposes of that. (5) The functions of the Director of Public Prosecutions under this section may be exercised by an officer acting on behalf of the Director. (6) A decision to give a notice under this section shall not be subject to appeal or liable to be questioned in any court (whether a magistrates' court or not). (7) In this section “child” means— (a) a person who is under the age of 17; or (b) any person of whom a video recording (as defined in section 63(1) of the Youth Justice and Criminal Evidence Act 1999) was made when he was under the age of 17 with a view to its admission as his evidence in chief in the trial referred to in subsection (1) above. Notice of offence and place of trial 51D (1) The court shall specify in a notice— (a) the offence or offences for which a person is sent for trial under section 51 or 51A above; and (b) the place at which he is to be tried (which, if a notice has been given under section 51B above, must be the place specified in that notice). (2) A copy of the notice shall be served on the accused and given to the Crown Court sitting at that place. (3) In a case where a person is sent for trial under section 51 or 51A above for more than one offence, the court shall specify in that notice, for each offence— (a) the subsection under which the person is so sent; and (b) if applicable, the offence to which that offence appears to the court to be related. (4) Where the court selects the place of trial for the purposes of subsection (1) above, it shall have regard to— (a) the convenience of the defence, the prosecution and the witnesses; (b) the desirability of expediting the trial; and (c) any direction given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor under section 75(1) of the Supreme Court Act 1981. Interpretation of sections 50A to 51D 51E For the purposes of sections 50A to 51D above— (a) “adult” means a person aged 18 or over, and references to an adult include a corporation; (b) “either-way offence” means an offence triable either way; (c) an either-way offence is related to an indictable offence if the charge for the either-way offence could be joined in the same indictment as the charge for the indictable offence; (d) a summary offence is related to an indictable offence if it arises out of circumstances which are the same as or connected with those giving rise to the indictable offence. 19 (1) After section 52 there is inserted— Restrictions on reporting 52A (1) Except as provided by this section, it shall not be lawful— (a) to publish in the United Kingdom a written report of any allocation or sending proceedings in England and Wales; or (b) to include in a relevant programme for reception in the United Kingdom a report of any such proceedings, if (in either case) the report contains any matter other than that permitted by this section. (2) Subject to subsections (3) and (4) below, a magistrates' court may, with reference to any allocation or sending proceedings, order that subsection (1) above shall not apply to reports of those proceedings. (3) Where there is only one accused and he objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so. (4) Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so. (5) An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) or (4) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection (6) below. (6) It shall not be unlawful under this section to publish or include in a relevant programme a report of allocation or sending proceedings containing any matter other than that permitted by subsection (7) below— (a) where, in relation to the accused (or all of them, if there are more than one), the magistrates' court is required to proceed as mentioned in section 20(7) of the 1980 Act, after the court is so required; (b) where, in relation to the accused (or any of them, if there are more than one), the court proceeds other than as mentioned there, after conclusion of his trial or, as the case may be, the trial of the last to be tried. (7) The following matters may be contained in a report of allocation or sending proceedings published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (6) above— (a) the identity of the court and the name of the justice or justices; (b) the name, age, home address and occupation of the accused; (c) in the case of an accused charged with an offence in respect of which notice has been given to the court under section 51B above, any relevant business information; (d) the offence or offences, or a summary of them, with which the accused is or are charged; (e) the names of counsel and solicitors engaged in the proceedings; (f) where the proceedings are adjourned, the date and place to which they are adjourned; (g) the arrangements as to bail; (h) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused. (8) The addresses that may be published or included in a relevant programme under subsection (7) above are addresses— (a) at any relevant time; and (b) at the time of their publication or inclusion in a relevant programme. (9) The following is relevant business information for the purposes of subsection (7) above— (a) any address used by the accused for carrying on a business on his own account; (b) the name of any business which he was carrying on on his own account at any relevant time; (c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time; (d) the address of any such firm; (e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time; (f) the address of the registered or principal office of any such company; (g) any working address of the accused in his capacity as a person engaged by any such company; and here “engaged” means engaged under a contract of service or a contract for services. (10) Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings. (11) In this section— “allocation or sending proceedings” means, in relation to an information charging an indictable offence— any proceedings in the magistrates' court at which matters are considered under any of the following provisions— sections 19 to 23 of the 1980 Act; section 51, 51A or 52 above; any proceedings in the magistrates' court before the court proceeds to consider any matter mentioned in paragraph (a) above; and any proceedings in the magistrates' court at which an application under section 25(2) of the 1980 Act is considered; “publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public; “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990); “relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred. Offences in connection with reporting 52B (1) If a report is published or included in a relevant programme in contravention of section 52A above, each of the following persons is guilty of an offence— (a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical; (b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it; (c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper. (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (3) Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General. (4) Proceedings for an offence under this section shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland. (5) Subsection (11) of section 52A above applies for the purposes of this section as it applies for the purposes of that section. . (2) In section 121 (short title, commencement and extent)— (a) in subsection (6), after paragraph (b) there is inserted— (bb) sections 52A and 52B; , and (b) in subsection (8), after “(5) above,” there is inserted “ sections 52A and 52B above, ”. 20 (1) Schedule 3 (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998) is amended as follows. (2) In paragraph 1(1)— (a) after “51” there is inserted “ or 51A ”, and (b) in paragraph (b), for “subsection (7) of that section” there is substituted “ section 51D(1) of this Act ”. (3) In paragraph 2— (a) in sub-paragraph (1)— (i) after “51” there is inserted “ or 51A ”, and (ii) for “subsection (7) of that section” there is substituted “ section 51D(1) of this Act ”, and (b) sub-paragraphs (4) and (5) are omitted. (4) In paragraph 4, in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”. (5) In paragraph 5, in sub-paragraph (2), after “51” there is inserted “ or 51A ”. (6) Paragraph 6 is amended as follows— (a) in sub-paragraph (1), after “51” there is inserted “ or 51A ”, (b) in sub-paragraph (2), for the words from the second “offence” to the end there is substituted “ indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent ”, and (c) in sub-paragraph (9), for “indictable-only” there is substituted “ indictable ”. (7) In paragraph 7— (a) in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”, (b) in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence ”, (c) in sub-paragraph (3), after “each” there is inserted “ remaining ”, (d) in sub-paragraph (7), for “consider” there is substituted “ decide ”, and (e) after sub-paragraph (8) there is inserted— (9) In this paragraph, a “main offence” is— (a) an offence for which the person has been sent to the Crown Court for trial under section 51(1) of this Act; or (b) an offence— (i) for which the person has been sent to the Crown Court for trial under subsection (5) of section 51 or subsection (6) of section 51A of this Act (“the applicable subsection”); and (ii) in respect of which the conditions for sending him to the Crown Court for trial under the applicable subsection (as set out in paragraphs (a) to (c) of section 51(5) or paragraphs (a) and (b) of section 51A(6)) continue to be satisfied. (8) In paragraph 8— (a) in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”, (b) in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence (within the meaning of paragraph 7 above) ”, (c) in sub-paragraph (2)(a), after “each” there is inserted “ remaining ”, and (d) in sub-paragraph (2)(d), for “consider” there is substituted “ decide ”. (9) In paragraph 9— (a) in sub-paragraph (1), for “consider” there is substituted “ decide ”, and (b) for sub-paragraphs (2) and (3), there is substituted— (2) Before deciding the question, the court— (a) shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); and (b) shall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable. (3) In deciding the question, the court shall consider— (a) whether the sentence which a magistrates' court would have power to impose for the offence would be adequate; and (b) any representations made by the prosecution or the accused under sub-paragraph (2)(b) above, and shall have regard to any allocation guidelines (or revised allocation guidelines) issued as definitive guidelines under section 170 of the Criminal Justice Act 2003. (4) Where— (a) the accused is charged on the same occasion with two or more offences; and (b) it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character; sub-paragraph (3)(a) above shall have effect as if references to the sentence which a magistrates' court would have power to impose for the offence were a reference to the maximum aggregate sentence which a magistrates' court would have power to impose for all of the offences taken together. (5) In this paragraph any reference to a previous conviction is a reference to— (a) a previous conviction by a court in the United Kingdom, or (b) a previous finding of guilt in— (i) any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or (ii) any proceedings before a Standing Civilian Court. (10) In paragraph 10— (a) for sub-paragraph (2), there is substituted— (2) The court shall explain to the accused in ordinary language— (a) that it appears to the court more suitable for him to be tried summarily for the offence; (b) that he can either consent to be so tried or, if he wishes, be tried on indictment; and (c) in the case of a specified offence (within the meaning of section 224 of the Criminal Justice Act 2003), that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the committing court is of such opinion as is mentioned in subsection (2) of that section. , and (b) in sub-paragraph (3), for “by a jury” there is substituted “ on indictment ”. (11) In paragraph 11, in sub-paragraph (a), for “by a jury” there is substituted “ on indictment ”. (12) Paragraph 12 shall cease to have effect. (13) In paragraph 13— (a) in sub-paragraph (1)(a), after “51” there is inserted “ or 51A ”, (b) in sub-paragraph (1)(b), for “offence that is triable only on indictment” there is substituted “ main offence ”, (c) in sub-paragraph (2), the words from “unless” to the end are omitted, and (d) for sub-paragraph (3) there is substituted— (3) In this paragraph, a “main offence” is— (a) an offence for which the child or young person has been sent to the Crown Court for trial under section 51A(2) of this Act; or (b) an offence— (i) for which the child or young person has been sent to the Crown Court for trial under subsection (7) of section 51 of this Act; and (ii) in respect of which the conditions for sending him to the Crown Court for trial under that subsection (as set out in paragraphs (a) and (b) of that subsection) continue to be satisfied. (14) In paragraph 15, in each of sub-paragraphs (3) and (4), for “considered” there is substituted “ decided ”. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 minor and consequential amendments Territorial Waters Jurisdiction Act 1878 (c. 73) 29 In section 4 of the Territorial Waters Jurisdiction Act 1878 (provisions as to procedure), in the paragraph beginning “Proceedings before a justice of the peace”, for the words from the beginning to “his trial” there is substituted— Any stage of proceedings— (a) before the summary trial of the offence; or (b) before the offender has been sent for trial for the offence, . Bankers' Books Evidence Act 1879 (c. 11) 30 (1) The Bankers' Books Evidence Act 1879 is amended as follows. (2) In section 4 (proof that book is a banker’s book), the paragraph beginning “Where the proceedings” is omitted. (3) In section 5 (verification of copy), the paragraph beginning “Where the proceedings” is omitted. Explosive Substances Act 1883 (c. 3) 31 In section 6 of the Explosive Substances Act 1883 (inquiry by Attorney-General, and apprehension of absconding witnesses), subsection (3) is omitted. Criminal Justice Act 1925 (c. 86) 32 In section 49 of the Criminal Justice Act 1925 (interpretation, etc), subsection (2) is omitted. Children and Young Persons Act 1933 (c. 12) 33 In section 42 of the Children and Young Persons Act 1933 (extension of power to take deposition of child or young person), in subsection (2)(a), for “committed” in both places there is substituted “ sent ”. Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) 34 (1) Section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) is amended as follows. (2) In subsection (2)— (a) in paragraph (a), for “committed” there is substituted “ sent ”, (b) paragraphs (aa) to (ac) are omitted, (c) for paragraph (i) there is substituted— (i) where the person charged has been sent for trial, the bill of indictment against him may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 57D(1) of the Crime and Disorder Act 1998, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may lawfully be joined in the same indictment; , (d) paragraphs (iA) and (iB) are omitted, (e) in paragraph (ii), for “the committal” there is substituted “ such notice ”, and (f) the words from “and in paragraph (iA)” to the end are omitted. (3) In subsection (3)(b), for “committed” there is substituted “ sent ”. Criminal Justice Act 1948 (c. 58) 35 (1) The Criminal Justice Act 1948 is amended as follows. (2) In section 27 (remand and committal of persons aged 17 to 20), in subsection (1), for “commits him for trial or” there is substituted “ sends him to the Crown Court for trial or commits him there for ”. (3) In section 41 (evidence by certificate), subsection (5A) is omitted. (4) In section 80 (interpretation), the definition of “Court of summary jurisdiction” is omitted. Prison Act 1952 (c. 52) 36 Until their repeal by (respectively) section 59 of, and paragraph 10(a)(ii) of Schedule 7 to, the Criminal Justice and Court Services Act 2000, paragraph (a) of subsection (1), and paragraphs (b) and (c) of subsection (2), of section 43 of the Prison Act 1952 (remand centres, detention centres and youth custody centres) are to have effect as if references to being committed for trial were references to being sent for trial. Army Act 1955 (3 & 4 Eliz. 2 c. 18) 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Geneva Conventions Act 1957 (c. 52) 39 In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)— (a) in subsection (1), for “committal” there is substituted “ having been sent ”, (b) in subsection (2), for “committal”, where it first appears, there is substituted “ having been sent ”. Naval Discipline Act 1957 (c. 53) 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Backing of Warrants (Republic of Ireland) Act 1965 (c. 45) 41 In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (supplementary procedures as to proceedings under section 2)— (a) the words “and section 2 of the Poor Prisoners Defence Act 1930 (legal aid before examining justices)” are omitted, and (b) for “it had determined not to commit for trial” there is substituted “ the offence were to be dealt with summarily and the court had dismissed the information ”. Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69) 42 In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court)— (a) for subsection (4) there is substituted— (4) Where a person has been sent for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after service on that person, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, of the documents relevant to that offence. , and (b) subsection (5) is omitted. Criminal Justice Act 1967 (c. 80) 43 (1) The Criminal Justice Act 1967 is amended as follows. (2) In section 9 (proof by written statement), in subsection (1), the words “, other than committal proceedings,” are omitted. (3) In section 36 (interpretation), in subsection (1), the definition of “committal proceedings” is omitted. Criminal Appeal Act 1968 (c. 19) 44 (1) The Criminal Appeal Act 1968 is amended as follows. (2) In section 1 (right of appeal), in subsection (3), for “committed him” there is substituted “ sent him to the Crown Court ”. (3) In section 9 (appeal against sentence following conviction on indictment), in subsection (2), the words from “section 41” to “either way offence” are omitted. Firearms Act 1968 (c. 27) 45 In Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences), in Part 2, paragraph 3 is omitted. Theft Act 1968 (c. 60) 46 In section 27 of the Theft Act 1968 (evidence and procedure on charge of theft or handling stolen goods), subsection (4A) is omitted. Criminal Justice Act 1972 (c. 71) 47 In section 46 of the Criminal Justice Act 1972 (admissibility of written statements outside England and Wales), subsections (1A) to (1C) are omitted. Bail Act 1976 (c. 63) 48 (1) The Bail Act 1976 is amended as follows. (2) In section 3 (general provisions)— (a) in subsection (8)— (i) for “committed” there is substituted “ sent ”, and (ii) after “for trial or” there is inserted “ committed him on bail to the Crown Court ”, and (b) subsections (8A) and (8B), and the subsection (10) inserted by paragraph 12(b) of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), are omitted. (3) In section 5 (supplementary provisions about decisions on bail)— (a) in subsection (6)(a), for “committing” there is substituted “ sending ”, and (b) in subsection (6A)(a)— (i) after “under” there is inserted “ section 52(5) of the Crime and Disorder Act 1998, ”, (ii) sub-paragraph (i) is omitted, (iii) after sub-paragraph (ii) there is inserted— (iia) section 17C (intention as to plea: adjournment); , and (iv) at the end of sub-paragraph (iii) there is inserted or (iv) section 24C (intention as to plea by child or young person: adjournment), . (4) In section 6 (offence of absconding by person released on bail), in subsection (6)(b), for “commits” there is substituted “ sends ”. (5) In section 9 (offence of agreeing to indemnify sureties in criminal proceedings), in subsection (3)(b), for “commits” there is substituted “ sends ”. Interpretation Act 1978 (c. 30) 49 In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)— (a) in the definition of “Committed for trial”, paragraph (a) is omitted, (b) after the entry for “Secretary of State” there is inserted— “Sent for trial” means, in relation to England and Wales, sent by a magistrates' court to the Crown Court for trial pursuant to section 51 or 51A of the Crime and Disorder Act 1998. Customs and Excise Management Act 1979 (c. 2) 50 In section 147 of the Customs and Excise Management Act 1979 (proceedings for offences), subsection (2) is omitted. Magistrates' Courts Act 1980 (c. 43) 51 (1) The Magistrates' Courts Act 1980 is amended as follows. (2) In section 2, as substituted by the Courts Act 2003 (trial of summary offences), in subsection (2), for “as examining justices over” there is substituted “ under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of ”. (3) Sections 4 to 8 (which relate to committal proceedings) shall cease to have effect and the cross-heading preceding section 4 is omitted. (4) In section 8B, as inserted by the Courts Act 2003 (effect of rulings at pre-trial hearing), in subsection (6), the words “commits or” are omitted. (5) In section 29 (power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the words from “proceeds” to the end there is substituted “ sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and ”. (6) The following sections shall cease to have effect— (a) section 97A (summons or warrant as to committal proceedings), (b) section 103 (evidence of persons under 14 in committal proceedings for assault, sexual offences etc), and (c) section 106 (false written statements tendered in evidence). (7) In section 128 (remand in custody or on bail)— (a) in subsection (1)(b), the words “inquiring into or” are omitted, (b) in subsection (1A)(a)— (i) “5,” is omitted, and (ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”, (c) in subsection (3A)— (i) “5,” is omitted, and (ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”, (d) in subsection (3C)(a)— (i) “5,” is omitted, and (ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”, and (e) in subsection (3E)(a)— (i) “5,” is omitted, and (ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”. (8) In section 129 (further remand), in subsection (4)— (a) for “commits a person” there is substituted “ sends a person to the Crown Court ”, and (b) for “committed” there is substituted “ sent ”. (9) In section 130 (transfer of remand hearings), in subsection (1)— (a) “5,” is omitted, and (b) for “or 18(4)” there is substituted “ , 18(4) or 24C ”. (10) In section 145 (rules: supplementary provisions), in subsection (1), paragraph (f) is omitted. (11) In section 150 (interpretation of other terms), in subsection (1), the definition of “committal proceedings” is omitted. (12) In section 155 (short title, extent and commencement), in subsection (2)(a), the words “8 (except subsection (9))” are omitted. (13) In Schedule 3 (corporations)— (a) in paragraph 2, sub-paragraph (a) is omitted, (b) in paragraph 6, for “inquiry into, and trial of,” there is substituted “ trial of ”. (14) In Schedule 5 (transfer of remand hearings)— (a) paragraph 2 is omitted, and (b) in paragraph 5, for “5, 10 or 18(4)” there is substituted “ 10, 17C, 18(4) or 24C ”. Criminal Attempts Act 1981 (c. 47) 52 In section 2 of the Criminal Attempts Act 1981 (application of procedures and other provisions to offences under section 1), in subsection (2)(g), the words “or committed for trial” are omitted. Contempt of Court Act 1981 (c. 49) 53 In section 4 of the Contempt of Court Act 1981 (contemporary reports of proceedings), in subsection (3), for paragraph (b) there is substituted— (b) in the case of a report of allocation or sending proceedings of which publication is permitted by virtue only of subsection (6) of section 52A of the Crime and Disorder Act 1998 (“the 1998 Act”), if published as soon as practicable after publication is so permitted; (c) in the case of a report of an application of which publication is permitted by virtue only of sub-paragraph (5) or (7) of paragraph 3 of Schedule 3 to the 1998 Act, if published as soon as practicable after publication is so permitted. Supreme Court Act 1981 (c. 54) 54 (1) The Supreme Court Act 1981 is amended as follows. (2) In section 76 (committal for trial: alteration of place of trial)— (a) in subsection (1), for the words from “varying” (where it first appears) to “to Crown Court)” there is substituted “ substituting some other place for the place specified in a notice under section 51D(1) of the Crime and Disorder Act 1998 (a “section 51D notice”) ”, (b) in subsection (3), for the words “fixed by the magistrates' court, as specified in a notice under a relevant transfer provision” there is substituted “ specified in a section 51D notice ”, (c) subsection (5) is omitted, and (d) in the heading, for “Committal” there is substituted “ Sending ”. (3) In section 77 (committal for trial: date of trial)— (a) in subsection (1), for “committal for trial or the giving of a notice of transfer under a relevant transfer provision” there is substituted “ being sent for trial ”, (b) in subsection (2), for “committed by a magistrates' court or in respect of whom a notice of transfer under a relevant transfer provision has been given” there is substituted “ sent for trial ”, (c) in subsection (3), for “of committal for trial or of a notice of transfer” there is substituted “ when the defendant is sent for trial ”, (d) subsection (4) is omitted, and (e) in the heading, for “Committal” there is substituted “ Sending ”. (4) In section 80 (process to compel appearance), in subsection (2), for “committed” there is substituted “ sent ”. (5) In section 81— (a) in subsection (1)— (i) in paragraph (a)— (a) the words “who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision or” are omitted, and (b) after “51” there is inserted “ or 51A ”, (ii) in paragraph (g), sub-paragraph (i) is omitted, and (b) subsection (7) is omitted. Mental Health Act 1983 (c. 20) 55 (1) The Mental Health Act 1983 is amended as follows. (2) In section 43 (power of magistrates' court to commit for restriction order), for subsection (4) there is substituted— (4) The powers of a magistrates' court under section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000 (which enable such a court to commit an offender to the Crown Court where the court is of the opinion, or it appears to the court, as mentioned in the section in question) shall also be exercisable by a magistrates' court where it is of that opinion (or it so appears to it) unless a hospital order is made in the offender’s case with a restriction order. (3) In section 52 (further provisions as to persons remanded by magistrates' courts)— (a) in subsection (2), for “committed” there is substituted “ sent ”, (b) in subsection (5), for “committed” there is substituted “ sent ”, (c) in subsection (6), for “committed” there is substituted “ sent ”, and (d) in subsection (7), for the words from “inquire” to “1980” there is substituted “ send him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 ”, and in paragraph (b) of that subsection, the words “where the court proceeds under subsection (1) of that section” are omitted. Police and Criminal Evidence Act 1984 (c. 60) 56 (1) The Police and Criminal Evidence Act 1984 is amended as follows. (2) In section 62 (intimate samples), in subsection (10)— (a) sub-paragraph (i) of paragraph (a) is omitted, and (b) in paragraph (aa), for sub-paragraphs (i) and (ii) there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and ”. (3) In section 71 (microfilm copies), the paragraph beginning “Where the proceedings” is omitted. (4) In section 76 (confessions), subsection (9) is omitted. (5) In section 78 (exclusion of unfair evidence), subsection (3) is omitted. Prosecution of Offences Act 1985 (c. 23) 57 (1) The Prosecution of Offences Act 1985 is amended as follows. (2) In section 7A (powers of non-legal staff), for subsection (6) there is substituted— (6) This section applies to an offence if it is triable only on indictment or is an offence for which the accused has been sent for trial. (3) In section 16 (defence costs)— (a) in subsection (1), paragraph (b) is omitted, and (b) in subsection (2)— (i) in paragraph (a), for “committed” there is substituted “ sent ”, and (ii) paragraph (aa) is omitted, and (c) subsection (12) is omitted. (4) In section 21 (interpretation), in subsection (6)(b), for “committed” there is substituted “ sent ”. (5) In section 22 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings), in subsection (11)— (a) in paragraph (a) of the definition of “appropriate court”, for “committed for trial, sent for trial under section 51 of the Crime and Disorder Act 1998” there is substituted “ sent for trial ”, (b) for the definition of “custody of the Crown Court” there is substituted— “custody of the Crown Court” includes custody to which a person is committed in pursuance of— (a) section 43A of the Magistrates' Courts Act 1980 (magistrates' court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court); or (b) section 52 of the Crime and Disorder Act 1998 (provisions supplementing section 51); . (6) In section 23 (discontinuance of proceedings in magistrates' court), in subsection (2), for paragraphs (a) to (c) there is substituted— (a) any stage of the proceedings after the court has begun to hear evidence for the prosecution at a summary trial of the offence; or (b) any stage of the proceedings after the accused has been sent for trial for the offence. (7) In section 23A (discontinuance of proceedings after accused has been sent for trial)— (a) in paragraph (b) of subsection (1), the words from “under” to “1998” are omitted, and (b) in subsection (2), for “51(7)” there is substituted “ 51D(1) ”. Criminal Justice Act 1987 (c. 38) 58 (1) The Criminal Justice Act 1987 is amended as follows. (2) Sections 4 to 6 (which relate to the transfer of cases to the Crown Court) shall cease to have effect. (3) In section 11 (restrictions on reporting)— (a) in subsection (2), paragraph (a) is omitted, (b) subsection (3) is omitted, (c) in subsection (7), “(3),” is omitted, (d) in subsection (8), “(3),” is omitted, (e) subsections (9) and (10) are omitted, (f) in subsection (11), paragraphs (a) and (d) are omitted. Coroners Act 1988 (c. 13) 59 (1) The Coroners Act 1988 is amended as follows. (2) In section 16 (adjournment of inquest in event of criminal proceedings)— (a) in subsection (1)(b), for “charged before examining justices with” there is substituted “ sent for trial for ”, and (b) for subsection (8) there is substituted— (8) In this section, the “relevant criminal proceedings” means the proceedings— (a) before a magistrates' court to determine whether the person charged is to be sent to the Crown Court for trial; or (b) before any court to which that person is sent for trial. (3) In section 17 (provisions supplementary to section 16)— (a) in subsection (2), for “committed” there is substituted “ sent ”, and (b) in subsection (3)(b), for “committed” there is substituted “ sent ”. Criminal Justice Act 1988 (c. 33) 60 (1) The Criminal Justice Act 1988 is amended as follows. (2) In section 23 (first-hand hearsay), subsection (5) is omitted. (3) In section 24 (business etc documents), subsection (5) is omitted. (4) In section 26 (statements in certain documents), the paragraph beginning “This section shall not apply” is omitted. (5) In section 27 (proof of statements contained in documents), the paragraph beginning “This section shall not apply” is omitted. (6) In section 30 (expert reports), subsection (4A) is omitted. (7) In section 40 (power to join in indictment count for common assault etc), in subsection (1)— (a) the words “were disclosed to a magistrates' court inquiring into the offence as examining justices or” are omitted, (b) after “51” there is inserted “ or 51A ”. (8) Section 41 (power of Crown Court to deal with summary offence where person committed for either way offence) shall cease to have effect. Road Traffic Offenders Act 1988 (c. 53) 61 (1) The Road Traffic Offenders Act 1988 is amended as follows. (2) In section 11 (evidence by certificate as to driver, user or owner), subsection (3A) is omitted. (3) In section 13 (admissibility of records as evidence), subsection (7) is omitted. (4) In section 16 (documentary evidence as to specimens), subsection (6A) is omitted. (5) In section 20 (speeding offences etc), subsection (8A) is omitted. Criminal Justice Act 1991 (c. 53) 62 (1) The Criminal Justice Act 1991 is amended as follows. (2) Section 53 (notices of transfer in certain cases involving children) shall cease to have effect. (3) Schedule 6 (notices of transfer: procedures in lieu of committal) shall cease to have effect. Sexual Offences (Amendment) Act 1992 (c. 34) 63 In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (3)(c), for “commits him” there is substituted “ sends him to the Crown Court ”. Criminal Justice and Public Order Act 1994 (c. 33) 64 (1) The Criminal Justice and Public Order Act 1994 is amended as follows. (2) In section 34 (effect of accused’s failure to mention facts when questioned or charged), in subsection (2)— (a) paragraph (a) is omitted, and (b) in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ” . (3) In section 36 (effect of accused’s failure or refusal to account for objects, substances or marks), in subsection (2)— (a) paragraph (a) is omitted, and (b) in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ”. (4) In section 37 (effect of accused’s failure or refusal to account for presence at a particular place), in subsection (2)— (a) paragraph (a) is omitted, and (b) in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ”. Reserve Forces Act 1996 (c. 14) 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Procedure and Investigations Act 1996 (c. 25) 66 (1) The Criminal Procedure and Investigations Act 1996 is amended as follows. (2) In section 1 (application of this Part), in subsection (2)— (a) paragraphs (a) to (c) are omitted, and (b) in paragraph (cc), the words from “under” to the end are omitted. (3) In section 5 (compulsory disclosure by accused)— (a) in subsection (1), for “(2) to” there is substituted “ (3A) and ”, (b) subsections (2) and (3) are omitted, and (c) in subsection (3A), in paragraph (b), for “subsection (7) of section 51” there is substituted “ subsection (1) of section 51D ”. (4) In section 13 (time limits: transitional), in subsection (1), paragraphs (a) to (c) of the modified section 3(8) are omitted. (5) In section 21 (common law rules as to disclosure), in subsection (3), for paragraphs (b) and (c) there is substituted— (b) the accused is sent for trial (where this Part applies by virtue of section 1(2)(cc)), . (6) In section 28 (introduction to Part 3), in subsection (1)— (a) for paragraph (a) there is substituted— (a) on or after the appointed day the accused is sent for trial for the offence concerned, , and (b) paragraph (b) is omitted. (7) In section 39 (meaning of pre-trial hearing), in subsection (1), for paragraph (a) there is substituted— (a) after the accused has been sent for trial for the offence, and . (8) Section 68 (use of written statements and depositions at trial) and Schedule 2 (statements and depositions) shall cease to have effect. Sexual Offences (Protected Material) Act 1997 (c. 39) 67 In section 9 of the Sexual Offences (Protected Material) Act 1997 (modification and amendment of certain enactments), subsection (1) is omitted. Crime and Disorder Act 1998 (c. 37) 68 The Crime and Disorder Act 1998 is amended as follows. 69 In section 52 (provisions supplementing section 51)— (a) in subsection (1), after “51” there is inserted “ or 51A ”, (b) in subsection (3), after “51” there is inserted “ or 51A ”, (c) in subsection (5), after “51” there is inserted “ or 51A ”, (d) in subsection (6), after “51” there is inserted “ or 51A ”, and (e) in the heading, after “51” there is inserted “ and 51A ”. 71 In paragraph 3 of Schedule 3 (reporting restrictions)— (a) in each of paragraphs (a) and (b) of sub-paragraph (1), for “Great Britain” there is substituted “ the United Kingdom ”, (b) in sub-paragraph (8), after paragraph (b) there is inserted— (bb) where the application made by the accused under paragraph 2(1) above relates to a charge for an offence in respect of which notice has been given to the court under section 51B of this Act, any relevant business information; , (c) after sub-paragraph (9) there is inserted— (9A) The following is relevant business information for the purposes of sub-paragraph (8) above— (a) any address used by the accused for carrying on a business on his own account; (b) the name of any business which he was carrying on on his own account at any relevant time; (c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time; (d) the address of any such firm; (e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time; (f) the address of the registered or principal office of any such company; (g) any working address of the accused in his capacity as a person engaged by any such company; and here “engaged” means engaged under a contract of service or a contract for services. , and (d) after sub-paragraph (11) there is inserted— (11A) Proceedings for an offence under this paragraph shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland. 72 In paragraph 4 of Schedule 3 (power of justice to take depositions etc), in sub-paragraph (12), for the definition of “the relevant date” there is substituted— “the relevant date” means the expiry of the period referred to in paragraph 1(1) above. Youth Justice and Criminal Evidence Act 1999 (c. 23) 73 (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows. (2) In section 27 (video recorded evidence in chief), subsection (10) is omitted. (3) In section 42 (interpretation and application of section 41), in subsection (3)— (a) paragraphs (a) and (b) are omitted, and (b) in paragraph (c), after “51” there is inserted “ or 51A ”. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) 74 (1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In section 140 (enforcement of fines etc), in subsection (1)(b)— (a) the words “was committed to the Crown Court to be tried or dealt with or by which he” are omitted, and (b) after “51” there is inserted “ or 51A ”. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In Schedule 11, paragraph 9 is omitted. Proceeds of Crime Act 2002 (c. 29) 75 (1) The Proceeds of Crime Act 2002 is amended as follows. (2) In section 6 (making of confiscation order), in subsection (2)(b), for “section 3, 4 or 6” there is substituted “ section 3, 3A, 3B, 3C, 4, 4A or 6 ”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In section 70 (committal by magistrates' court), in subsection (5), after “way)” there is inserted “ or under section 3B(2) of that Act (committal of child or young person) ”.

SCHEDULE 3A Prohibitions and limitations on use of live links

SCHEDULE 5 Qualifying offences for purposes of Part 10

Section 75 Part 1 List of offences for England and Wales Offences Against the Person Murder 1 Murder. Attempted murder 2 An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder. Soliciting murder 3 An offence under section 4 of the Offences against the Person Act 1861 (c. 100). Manslaughter 4 Manslaughter. Corporate manslaughter 4A An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007. Kidnapping 5 Kidnapping. Sexual Offences Rape 6 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003 (c. 42). Attempted rape 7 An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 or section 1 of the Sexual Offences Act 2003. Intercourse with a girl under thirteen 8 An offence under section 5 of the Sexual Offences Act 1956. Incest by a man with a girl under thirteen 9 An offence under section 10 of the Sexual Offences Act 1956 alleged to have been committed with a girl under thirteen. Assault by penetration 10 An offence under section 2 of the Sexual Offences Act 2003 (c. 42). Causing a person to engage in sexual activity without consent 11 An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section. Rape of a child under thirteen 12 An offence under section 5 of the Sexual Offences Act 2003. Attempted rape of a child under thirteen 13 An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003. Assault of a child under thirteen by penetration 14 An offence under section 6 of the Sexual Offences Act 2003. Causing a child under thirteen to engage in sexual activity 15 An offence under section 8 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (2)(a) to (d) of that section was caused. Sexual activity with a person with a mental disorder impeding choice 16 An offence under section 30 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (3)(a) to (d) of that section. Causing a person with a mental disorder impeding choice to engage in sexual activity 17 An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused. Drugs Offences Unlawful importation of Class A drug 18 An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)). Unlawful exportation of Class A drug 19 An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971). Fraudulent evasion in respect of Class A drug 20 An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)). Producing or being concerned in production of Class A drug 21 An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act). Criminal Damage Offences Arson endangering life 22 An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire. Causing explosion likely to endanger life or property 23 An offence under section 2 of the Explosive Substances Act 1883 (c. 3). Intent or conspiracy to cause explosion likely to endanger life or property 24 An offence under section 3(1)(a) of the Explosive Substances Act 1883. War Crimes and Terrorism Genocide, crimes against humanity and war crimes 25 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17). Grave breaches of the Geneva Conventions 26 An offence under section 1 of the Geneva Conventions Act 1957 (c. 52). Directing terrorist organisation 27 An offence under section 56 of the Terrorism Act 2000 (c. 11). Hostage-taking 28 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28). Conspiracy Conspiracy 29 An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule. Part 2 List of offences for Northern Ireland Offences Against the Person Murder 30 Murder. Attempted murder 31 An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder. Soliciting murder 32 An offence under section 4 of the Offences against the Person Act 1861 (c. 100). Manslaughter 33 Manslaughter. Corporate manslaughter 33A An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007. Kidnapping 34 Kidnapping. Sexual Offences Rape 35 Rape. 35A An offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008. Attempted rape 36 An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960. 36A An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008. Intercourse with a girl under fourteen 37 An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of unlawfully and carnally knowing a girl under fourteen. Incest by a man with a girl under fourteen 38 An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged to have been committed with a girl under fourteen. Assault by penetration 38A An offence under Article 6 of the Sexual Offences (Northern Ireland) Order 2008. Causing a person to engage in sexual activity without consent 38B An offence under Article 8 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the activity caused involved penetration within paragraph (4)(a) to (d) of that Article. Rape of a child under thirteen 38C An offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008. Attempted rape of a child under thirteen 38D An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit an offence under Article 12 of the Sexual Offences (Northern Ireland) Order 2008. Assault of child under thirteen by penetration 38E An offence under Article 13 of the Sexual Offences (Northern Ireland) Order 2008. Causing a child under thirteen to engage in sexual activity by penetration 38F An offence under Article 15 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (2)(a) to (d) of that Article was caused. Sexual activity with a person with a mental disorder impeding choice 38G An offence under Article 43 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that the touching involved penetration within paragraph (3)(a) to (d) of that Article. Causing a person with a mental disorder impeding choice to engage in sexual activity 38H An offence under Article 44 of the Sexual Offences (Northern Ireland) Order 2008 where it is alleged that an activity involving penetration within paragraph (3)(a) to (d) of that Article was caused. Drugs Offences Unlawful importation of Class A drug 39 An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)). Unlawful exportation of Class A drug 40 An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971). Fraudulent evasion in respect of Class A drug 41 An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971). Producing or being concerned in production of Class A drug 42 An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in respect of a Class A drug (as defined by section 2 of that Act). Criminal Damage Offences Arson endangering life 43 An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 alleged to have been committed by destroying or damaging property by fire. Causing explosion likely to endanger life or property 44 An offence under section 2 of the Explosive Substances Act 1883 (c. 3). Intent or conspiracy to cause explosion likely to endanger life or property 45 An offence under section 3(1)(a) of the Explosive Substances Act 1883. War Crimes and Terrorism Genocide, crimes against humanity and war crimes 46 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17). Grave breaches of the Geneva Conventions 47 An offence under section 1 of the Geneva Conventions Act 1957 (c. 52). Directing terrorist organisation 48 An offence under section 56 of the Terrorism Act 2000 (c. 11). Hostage-taking 49 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28). Conspiracy Conspiracy 50 An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of conspiracy to commit an offence listed in this Part of this Schedule. Part 3 Supplementary 51 A reference in this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence. 52 A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.

SCHEDULE 6 Evidence of bad character: armed forces

Section 113 1 Sections 98 to 106, 109, 110 and 112, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings. 2 Section 103, as it applies in relation to proceedings before service courts, has effect with the substitution in subsection (4)(a) of “charge sheet” for “written charge or indictment”. 3 (1) Section 107 has effect in relation to proceedings before the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications. (2) In subsection (1)— (a) for a judge and jury substitute “ the Court Martial ”; (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”; (c) for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, discharge the court. ” (3) In subsection (2)— (a) for “jury” substitute “ court ”; (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”. (4) In subsection (3)— (a) for paragraph (a) substitute— (a) a court is required to determine under section 115B(2) of the Army Act 1955, section 167 of the Armed Forces Act 2006 whether a person charged with an offence did the act or made the omission charged, ; (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”; (c) for the words after paragraph (c) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, the dischargecourt.” (5) For subsection (4) substitute— (4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to discharge a court. 4 Section 110, as it applies in relation to proceedings before service courts, has effect with the substitution of the following for subsection (1)— (1) Where the court makes a relevant ruling— (a) it must state in open court (but, in the case of a ruling by a judge advocate in proceedings before the Court Martial, in the absence of the other members of the court) its reasons for the ruling; (b) if it is the Summary Appeal Court or the Service Civilian Court, it must cause the ruling and the reasons for it to be entered in the note of the court’s proceedings. 5 Section 111 has effect as if the expression“rules of court” included rules regulating the practice and procedure of service courts. 6 In this Schedule “service court” means— (a) the Court Martial; (b) the Summary Appeal Court; (c) the Service Civilian Court; or (d) the Court Martial Appeal Court.

SCHEDULE 7 Hearsay evidence: armed forces

Section 135 Application to proceedings before service courts 1 Sections 114 to 121, 123, 124, 126, 127 to 129 and 133 and 134, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings. 2 (1) In their application to such proceedings those sections have effect with the following modifications. (2) In section 116(2) for paragraph (c) substitute— (c) that either of the following applies— (i) the court is sitting neither in the United Kingdom nor in a British overseas territory and it is not reasonably practicable to secure the attendance of the relevant person; or (ii) the court is sitting in the United Kingdom or a British overseas territory but the relevant person is outside the United Kingdom or outside that territory (as the case may be) and it is not reasonably practicable to secure his attendance. (3) In section 117 insert after subsection (7)— (8) In subsection (4) the reference to criminal proceedings includes proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006. (4) In section 123(4) for paragraph (a) substitute— (a) in the case of proceedings before the Court Martial, proceedings held for the determination of the issue must take place before the judge advocate in the absence of the other members of the court; . (5) In section 127— (a) in subsection (1)(c)— (i) for “the appropriate rules” substitute rules made under the Armed Forces Act 2006 or the Court Martial Appeals Act 1968; (ii) for “section 9 of the Criminal Justice Act 1967 (c. 80)” substitute such rules; (b) omit subsection (7). (6) Section 132 has effect as if the expression “rules of court” included rules regulating the practice and procedure of service courts. (7) In section 134 insert after subsection (1)— (1A) In this Part “criminal investigation” includes any investigation which may lead (a) to proceedings before a court-martial or Standing Civilian Court, or (b) to summary proceedings under section 76B of the Army Act 1955, section 76B of the Air Force Act 1955 or section 52D of the Naval Discipline Act 1957. to proceedings before an officer, the Court Martial or the Service Civilian Court in respect of a service offence within the meaning of the Armed Forces Act 2006. 3 (1) Section 122 has effect in relation to proceedings before the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications. (2) In subsection (1) for “ a judge and jury” substitute “ the Court Martial ”. (3) In subsection (2)— (a) for “jury when they retire to consider their” substitute “ court when it retires to consider its ”. (b) for “the court” in paragraph (a) substitute “ the judge advocate ”; (c) for “the jury” in paragraph (b) substitute “ the court ”. 4 (1) Section 125 has effect in relation to proceedings before the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications. (2) In subsection (1)— (a) for “ a judge and jury” substitute “ the Court Martial ”; (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”; (c) for the words after paragraph (b) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, the discharge court.” (3) In subsection (2)— (a) for “jury” substitute “ court ”; (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”. (4) In subsection (3)— (a) for paragraph (a) substitute— (a) a court is required to determine under section 115B(2) of the Army Act 1955, section 167 of the Armed Forces Act 2006 whether a person charged with an offence did the act or made the omission charged, ; (b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”; (c) for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, discharge the court. ” (5) For subsection (4) substitute— (4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to discharge a court. Amendments 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 8 In this Schedule, and in any provision of this Part as applied by this Schedule, “service court” means— (a) the Court Martial; (b) the Summary Appeal Court; (c) the Service Civilian Court; or (d) the Court Martial Appeal Court.

SCHEDULE 15 Specified offences for purposes of sections 244ZA and 325

Sections 244ZA and 327(3)(a) Part 1 Specified violent offences 1 Manslaughter. 2 Kidnapping. 3 False imprisonment. 4 An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder). 5 An offence under section 16 of that Act (threats to kill). 6 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm). 7 An offence under section 20 of that Act (malicious wounding). 8 An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence). 9 An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence). 10 An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm). 11 An offence under section 27 of that Act (abandoning children). 12 An offence under section 28 of that Act (causing bodily injury by explosives). 13 An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm). 14 An offence under section 30 of that Act (placing explosives with intent to do bodily injury). 15 An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm). 16 An offence under section 32 of that Act (endangering the safety of railway passengers). 17 An offence under section 35 of that Act (injuring persons by furious driving). 18 An offence under section 37 of that Act (assaulting officer preserving wreck). 19 An offence under section 38 of that Act (assault with intent to resist arrest). 20 An offence under section 47 of that Act (assault occasioning actual bodily harm). 21 An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property). 22 An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property). 22A An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances). 23 An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction). 24 An offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children). 25 An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide). 26 An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life). 27 An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence). 28 An offence under section 17(1) of that Act (use of firearm to resist arrest). 29 An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act). 30 An offence under section 18 of that Act (carrying a firearm with criminal intent). 31 An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault with intent to rob). 32 An offence under section 9 of that Act of burglary with intent to— (a) inflict grievous bodily harm on a person, or (b) do unlawful damage to a building or anything in it. 33 An offence under section 10 of that Act (aggravated burglary). 34 An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which caused the death of any person. 35 An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48). 36 An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson. 37 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking). 38 An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking). 39 An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft). 40 An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft). 41 An offence under section 4 of that Act (offences in relation to certain dangerous articles). 42 An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-treatment of patients). 43 An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision). 44 An offence under section 1 of the Public Order Act 1986 (c. 64) (riot). 45 An offence under section 2 of that Act (violent disorder). 46 An offence under section 3 of that Act (affray). 47 An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture). 48 An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving). 48A An offence under section 3ZC of that Act (causing death by driving: disqualified drivers). 49 An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs). 50 An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes). 51 An offence under section 9 of that Act (hijacking of ships). 52 An offence under section 10 of that Act (seizing or exercising control of fixed platforms). 53 An offence under section 11 of that Act (destroying fixed platforms or endangering their safety). 54 An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation). 55 An offence under section 13 of that Act (offences involving threats). 56 An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system). 57 An offence under section 4 or 4A of the Protection from Harassment Act 1997 (c. 40) (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress). 58 An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults). 59 An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (c. 64)). 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder. 60A An offence under section 47 of the Anti-Terrorism, Crime and Security Act 2001 (use etc of nuclear weapons). 60B An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas). 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 An offence under section 1 of the Female Genital Mutilation Act 2003 (c. 31) (female genital mutilation). 62 An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia). 63 An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl’s genitalia). 63A An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm). 63B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63FA An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation). 63G An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour). 63H An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule. 63I An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018 (hijacking of spacecraft). 63J An offence under paragraph 2 of that Schedule (destroying, damaging or endangering the safety of spacecraft). 63K An offence under paragraph 3 of that Schedule (other acts endangering or likely to endanger safety of spacecraft). 63L An offence under paragraph 4 of that Schedule (endangering safety at spaceports). 63M An offence under paragraph 5 of that Schedule (offences in relation to certain dangerous articles). 64 (1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Part of this Schedule. (2) An attempt to commit such an offence. (3) Conspiracy to commit such an offence. (4) Incitement to commit such an offence. (5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding paragraphs of this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed. 65 (1) An attempt to commit murder. (2) Conspiracy to commit murder. (3) Incitement to commit murder. (4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed. Part 2 Specified sexual offences 66 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape). 67 An offence under section 2 of that Act (procurement of woman by threats). 68 An offence under section 3 of that Act (procurement of woman by false pretences). 69 An offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse). 70 An offence under section 5 of that Act (intercourse with girl under thirteen). 71 An offence under section 6 of that Act (intercourse with girl under 16). 72 An offence under section 7 of that Act (intercourse with a defective). 73 An offence under section 9 of that Act (procurement of a defective). 74 An offence under section 10 of that Act (incest by a man). 75 An offence under section 11 of that Act (incest by a woman). 76 An offence under section 14 of that Act (indecent assault on a woman). 77 An offence under section 15 of that Act (indecent assault on a man). 78 An offence under section 16 of that Act (assault with intent to commit buggery). 79 An offence under section 17 of that Act (abduction of woman by force or for the sake of her property). 80 An offence under section 19 of that Act (abduction of unmarried girl under eighteen from parent or guardian). 81 An offence under section 20 of that Act (abduction of unmarried girl under sixteen from parent or guardian). 82 An offence under section 21 of that Act (abduction of defective from parent or guardian). 83 An offence under section 22 of that Act (causing prostitution of women). 84 An offence under section 23 of that Act (procuration of girl under twenty-one). 85 An offence under section 24 of that Act (detention of woman in brothel). 86 An offence under section 25 of that Act (permitting girl under thirteen to use premises for intercourse). 87 An offence under section 26 of that Act (permitting girl under sixteen to use premises for intercourse). 88 An offence under section 27 of that Act (permitting defective to use premises for intercourse). 89 An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under sixteen). 90 An offence under section 29 of that Act (causing or encouraging prostitution of defective). 91 An offence under section 32 of that Act (soliciting by men). 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92A An offence under section 33A of that Act (keeping a brothel used for prostitution). 93 An offence under section 128 of the Mental Health Act 1959 (c. 72) (sexual intercourse with patients). 94 An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent conduct towards young child). 95 An offence under section 4 of the Sexual Offences Act 1967 (c. 60) (procuring others to commit homosexual acts). 96 An offence under section 5 of that Act (living on earnings of male prostitution). 97 An offence under section 9 of the Theft Act 1968 (c. 60) of burglary with intent to commit rape. 98 An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl under sixteen to have incestuous sexual intercourse). 99 An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children). 100 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles). 101 An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of a child). 102 An offence under section 1 of the Sexual Offences Act 2003 (c. 42) (rape). 103 An offence under section 2 of that Act (assault by penetration). 104 An offence under section 3 of that Act (sexual assault). 105 An offence under section 4 of that Act (causing a person to engage in sexual activity without consent). 106 An offence under section 5 of that Act (rape of a child under 13). 107 An offence under section 6 of that Act (assault of a child under 13 by penetration). 108 An offence under section 7 of that Act (sexual assault of a child under 13). 109 An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity). 110 An offence under section 9 of that Act (sexual activity with a child). 111 An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity). 112 An offence under section 11 of that Act (engaging in sexual activity in the presence of a child). 113 An offence under section 12 of that Act (causing a child to watch a sexual act). 114 An offence under section 13 of that Act (child sex offences committed by children or young persons). 115 An offence under section 14 of that Act (arranging or facilitating commission of a child sex offence). 116 An offence under section 15 of that Act (meeting a child following sexual grooming etc.). 116A An offence under section 15A of that Act (sexual communication with a child). 117 An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child). 118 An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity). 119 An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence of a child). 120 An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a sexual act). 121 An offence under section 25 of that Act (sexual activity with a child family member). 122 An offence under section 26 of that Act (inciting a child family member to engage in sexual activity). 123 An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice). 124 An offence under section 31 of that Act (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity). 125 An offence under section 32 of that Act (engaging in sexual activity in the presence of a person with a mental disorder impeding choice). 126 An offence under section 33 of that Act (causing a person with a mental disorder impeding choice to watch a sexual act). 127 An offence under section 34 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder). 128 An offence under section 35 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception). 129 An offence under section 36 of that Act (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder). 130 An offence under section 37 of that Act (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception). 131 An offence under section 38 of that Act (care workers: sexual activity with a person with a mental disorder). 132 An offence under section 39 of that Act (care workers: causing or inciting sexual activity). 133 An offence under section 40 of that Act (care workers: sexual activity in the presence of a person with a mental disorder). 134 An offence under section 41 of that Act (care workers: causing a person with a mental disorder to watch a sexual act). 135 An offence under section 47 of that Act (paying for sexual services of a child). 136 An offence under section 48 of that Act (causing or inciting sexual exploitation of a child ). 137 An offence under section 49 of that Act (controlling a child in relation to sexual exploitation ). 138 An offence under section 50 of that Act (arranging or facilitating sexual exploitation of a child ). 139 An offence under section 52 of that Act (causing or inciting prostitution for gain). 140 An offence under section 53 of that Act (controlling prostitution for gain). 141 An offence under section 57 of that Act (trafficking into the UK for sexual exploitation). 142 An offence under section 58 of that Act (trafficking within the UK for sexual exploitation). 143 An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation). 143A An offence under section 59A of that Act (trafficking for sexual exploitation). 144 An offence under section 61 of that Act (administering a substance with intent). 145 An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence). 146 An offence under section 63 of that Act (trespass with intent to commit a sexual offence). 147 An offence under section 64 of that Act (sex with an adult relative: penetration). 148 An offence under section 65 of that Act (sex with an adult relative: consenting to penetration). 149 An offence under section 66 of that Act (exposure). 149A An offence under section 66A of that Act (sending etc photograph or film of genitals). 149B An offence under section 66B(2) or (3) of that Act (sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification). 150 An offence under section 67 of that Act (voyeurism). 151 An offence under section 69 of that Act (sexual activity with an animal). 152 An offence under section 70 of that Act (sexual activity with a corpse). 152A An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation). 153 (1) Aiding, abetting, counselling or procuring the commission of an offence specified in this Part of this Schedule. (2) An attempt to commit such an offence. (3) Conspiracy to commit such an offence. (4) Incitement to commit such an offence. (5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed. PART 3 Specified Terrorism Offences 154 An offence under section 11 of the Terrorism Act 2000 (membership of a proscribed organisation). 155 An offence under section 12 of that Act (inviting support for a proscribed organisation). 156 An offence under section 54 of that Act (weapons training). 157 An offence under section 56 of that Act (directing a terrorist organisation). 158 An offence under section 57 of that Act (possession of article for terrorist purposes). 159 An offence under section 58 of that Act (collection of information likely to be of use to a terrorist). 160 An offence under section 58A of that Act (publishing information about members of the armed forces etc). 161 An offence under section 58B of that Act (entering or remaining in a designated area). 162 An offence under section 59 of that Act (inciting terrorism overseas). 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate). 166 An offence under section 1 of the Terrorism Act 2006 (encouragement of terrorism). 167 An offence under section 2 of that Act (dissemination of terrorist publications). 168 An offence under section 5 of that Act (preparation of terrorist acts). 169 An offence under section 6 of that Act (training for terrorism). 170 An offence under section 8 of that Act (attendance at a place used for terrorist training). 171 An offence under section 9 of that Act (making or possession of radioactive device or material). 172 An offence under section 10 of that Act (misuse of radioactive device or material for terrorist purposes etc). 173 An offence under section 11 of that Act (terrorist threats relating to radioactive devices etc). 174 (1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Part of this Schedule. (2) An attempt to commit such an offence. (3) Conspiracy to commit such an offence. (4) Incitement to commit such an offence. (5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding paragraphs of this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.

SCHEDULE 16

1 Rape. 2 Clandestine injury to women. 3 Abduction of woman or girl with intent to rape or ravish. 4 Assault with intent to rape or ravish. 5 Indecent assault. 6 Lewd, indecent or libidinous behaviour or practices. 7 Shameless indecency. 8 Sodomy. 9 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36), but only where the prohibited goods include indecent photographs of persons. 10 An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children). 11 An offence under section 52A of that Act (possession of indecent images of children). 12 An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (incest). 13 An offence under section 2 of that Act (intercourse with a stepchild). 14 An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust). 15 An offence under section 5 of that Act (unlawful intercourse with girl under 16). 16 An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16). 17 An offence under section 8 of that Act (detention of woman in brothel or other premises). 18 An offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16). 19 An offence under subsection (5) of section 13 of that Act (homosexual offences). 20 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust). 21 An offence of— (a) attempting, conspiring or inciting another to commit any offence specified in the preceding paragraphs, or (b) aiding, abetting, counselling or procuring the commission of any offence specified in paragraphs 9 to 20. 22 Any offence (other than an offence specified in any of the preceding paragraphs) inferring personal violence.

SCHEDULE 17

Part 1 Violent offences 1 Manslaughter. 2 Kidnapping. 3 Riot. 4 Affray. 5 False imprisonment. 6 An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder). 7 An offence under section 16 of that Act (threats to kill). 8 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm). 9 An offence under section 20 of that Act (malicious wounding). 10 An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence). 11 An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence). 12 An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm). 13 An offence under section 27 of that Act (abandoning children). 14 An offence under section 28 of that Act (causing bodily injury by explosives). 15 An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm). 16 An offence under section 30 of that Act (placing explosives with intent to do bodily injury). 17 An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily harm). 18 An offence under section 32 of that Act (endangering the safety of railway passengers). 19 An offence under section 35 of that Act (injuring persons by furious driving). 20 An offence under section 37 of that Act (assaulting officer preserving wreck). 21 An offence under section 47 of that Act of assault occasioning actual bodily harm. 22 An offence under section 2 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property). 23 An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property). 24 An offence under section 25 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15) (child destruction). 25 An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (infanticide). 26 An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist arrest). 27 An offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (cruelty to children). 28 An offence under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16) (robbery or assault with intent to rob). 29 An offence under section 9 of that Act of burglary with intent to— (a) inflict grievous bodily harm on a person, or (b) do unlawful damage to a building or anything in it. 30 An offence under section 10 of that Act (aggravated burglary). 31 An offence of arson under Article 3 of the Criminal Damage Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)). 32 An offence under Article 3(2) of that Order (destroying or damaging property) other than an offence of arson. 33 An offence under Article 58(1) of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)) (possession of firearm with intent to endanger life). 34 An offence under Article 58(2) of that Order (possession of firearm with intent to cause fear of violence). 35 An offence under Article 59(1) of that Order (use of firearm to resist arrest). 36 An offence under Article 59(2) of that Order (possession of firearm at time of committing or being arrested for an offence specified in Schedule 4 to that Order). 37 An offence under Article 60 of that Order (carrying a firearm with criminal intent). 38 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking). 39 An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking). 40 An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft). 41 An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft). 42 An offence under section 4 of that Act (offences in relation to certain dangerous articles). 43 An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision). 44 An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I.4) (ill-treatment of patients). 45 An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture). 46 An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes). 47 An offence under section 9 of that Act (hijacking of ships). 48 An offence under section 10 of that Act (seizing or exercising control of fixed platforms). 49 An offence under section 11 of that Act (destroying fixed platforms or endangering their safety). 50 An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation). 51 An offence under section 13 of that Act (offences involving threats). 52 An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system). 53 An offence under Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving). 54 An offence under Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs). 55 An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (putting people in fear of violence). 56 An offence under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaulting or obstructing a constable etc.). 57 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder. 58 An offence under section 1 of the Female Genital Mutilation Act 2003 (c. 31) (female genital mutilation). 59 An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia). 60 An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl’s genitalia). 60A An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult). 61 An offence of— (a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule, (b) conspiring to commit an offence so specified, or (c) attempting to commit an offence so specified. 62 An attempt to commit murder or a conspiracy to commit murder. Part 2 Sexual offences 63 Rape. 64 Indecent assault upon a female. 65 An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon a female). 66 An offence under section 53 of that Act (abduction of woman etc.). 67 An offence under section 54 of that Act (abduction of woman by force). 68 An offence under section 55 of that Act (abduction of unmarried girl under 16 from parent or guardian). 69 An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration). 70 An offence under section 3 of that Act (procurement of woman or girl by threats etc. or administering drugs). 71 An offence under section 4 of that Act (intercourse or attempted intercourse with girl under 14). 72 An offence under section 5 of that Act (intercourse or attempted intercourse with girl under 17). 73 An offence under section 6 of that Act (permitting girl under 17 to use premises for intercourse). 74 An offence under section 7 of that Act (abduction of girl under 18 from parent or guardian). 75 An offence under section 8 of that Act (unlawful detention of woman or girl in brothel etc.). 76 An offence under section 1 of the Vagrancy Act 1898 (c. 39) (living on earnings of prostitution or soliciting or importuning in a public place). 77 An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by a man). 78 An offence under section 2 of that Act (incest by a woman). 79 An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or prostitution of girl under 17). 80 An offence under section 22 of that Act (indecent conduct towards child). 81 An offence under section 9 of the Theft Act (Northern Ireland) 1969 (c. 16) of burglary with intent to commit rape. 82 An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children). 83 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles). 84 An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse). 85 An offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit homosexual acts). 86 An offence under Article 8 of that Order (living on earnings of male prostitution). 87 An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (protection of women suffering from severe mental handicap). 88 An offence under Article 123 of that Order (protection of patients). 89 An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photograph of a child). 90 An offence under section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc.). 91 An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child). 92 An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity). 93 An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence of a child). 94 An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a sexual act). 95 An offence under section 47 of that Act (paying for sexual services of a child). 96 An offence under section 48 of that Act (causing or inciting child prostitution or pornography). 97 An offence under section 49 of that Act (controlling a child prostitute or a child involved in pornography). 98 An offence under section 50 of that Act (arranging or facilitating child prostitution or pornography). 99 An offence under section 52 of that Act (causing or inciting prostitution for gain). 100 An offence under section 53 of that Act (controlling prostitution for gain). 101 An offence under section 57 of that Act (trafficking into the UK for sexual exploitation). 102 An offence under section 58 of that Act (trafficking within the UK for sexual exploitation). 103 An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation). 104 An offence under section 66 of that Act (exposure). 105 An offence under section 67 of that Act (voyeurism). 106 An offence under section 69 of that Act (intercourse with an animal). 107 An offence under section 70 of that Act (sexual penetration of a corpse). 108 An offence under Article 20 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery). 109 An offence under Article 21 of that Order (indecent assault on a male). 110 An offence of— (a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule, (b) conspiring to commit an offence so specified, or (c) attempting to commit an offence so specified.

SCHEDULE 18 Release of prisoners serving sentences of imprisonment or detention for public protection

Section 230 Release on licence 1 (1) Section 31 of the Crime (Sentences) Act 1997 (c. 43) (duration and conditions of licences for life prisoners), is amended as follows. (2) In subsection (1) (licence to remain in force until death), after “life prisoner” there is inserted “ , other than a prisoner to whom section 31A below applies,/text ”. (3) After that subsection there is inserted— (1A) Where a prisoner to whom section 31A below applies is released on licence, the licence shall remain in force until his death unless— (a) it is previously revoked under section 32(1) or (2) below; or (b) it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below. 2 After that section there is inserted— Imprisonment or detention for public protection: termination of licences 31A (1) This section applies to a prisoner who— (a) is serving one or more preventive sentences, and (b) is not serving any other life sentence. (2) Where— (a) the prisoner has been released on licence under this Chapter; and (b) the qualifying period has expired, the Secretary of State shall, if directed to do so by the Parole Board, order that the licence is to cease to have effect. (3) Where— (a) the prisoner has been released on licence under this Chapter; (b) the qualifying period has expired; and (c) if he has made a previous application under this subsection, a period of at least twelve months has expired since the disposal of that application, the prisoner may make an application to the Parole Board under this subsection. (4) Where an application is made under subsection (3) above, the Parole Board— (a) shall, if it is satisfied that it is no longer necessary for the protection of the public that the licence should remain in force, direct the Secretary of State to make an order that the licence is to cease to have effect; (b) shall otherwise dismiss the application. (5) In this section— “preventive sentence” means a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or a sentence of detention for public protection under section 226 of that Act; “the qualifying period”, in relation to a prisoner who has been released on licence, means the period of ten years beginning with the date of his release. 3 In section 34(2) of that Act (meaning of “life sentence”), after paragraph (c) there is inserted— (d) a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, and (e) a sentence of detention for public protection under section 226 of that Act. Determination of tariffs 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 18B Offences relevant to public protection decisions

Section 237A(4) Part 1 Common law offences Offences under the law of England and Wales, Scotland and Northern Ireland 1 Kidnapping. 2 Murder. Offences under the law of England and Wales and Northern Ireland 3 Manslaughter. Offences under the law of Scotland 4 Abduction. 5 Assault and poisoning. 6 Assault by explosive device. 7 Assault to severe injury. 8 Assault with intent to rob. 9 Culpable homicide. 10 Malicious mischief. 11 Poisoning. 12 Robbery. 13 Wilful fire-raising. Offences under the law of Northern Ireland 14 Affray. 15 Riot. Part 2 Statutory offences Offences against the Person Act 1861 16 An offence under any of the following provisions of the Offences against the Person Act 1861— (a) section 4 (soliciting murder); (b) section 16 (threats to kill); (c) section 18 (wounding with intent to cause grievous bodily harm); (d) section 20 (malicious wounding); (e) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence); (f) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence); (g) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm); (h) section 27 (abandoning children); (i) section 28 (causing bodily injury by explosives); (j) section 29 (using explosives etc with intent to do grievous bodily harm); (k) section 30 (placing explosives with intent to do bodily injury); (l) section 31 (setting spring guns etc with intent to do grievous bodily harm); (m) section 32 (endangering the safety of railway passengers); (n) section 35 (injuring persons by furious driving); (o) section 37 (assaulting officer preserving wreck); (p) section 38 (assault with intent to resist arrest); (q) section 47 (assault occasioning actual bodily harm). Explosive Substances Act 1883 17 An offence under any of the following provisions of the Explosive Substances Act 1883— (a) section 2 (causing explosion likely to endanger life or property); (b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property); (c) section 4 (making or possession of explosive under suspicious circumstances); (d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives). Infant Life (Preservation) Act 1929 18 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction). Children and Young Persons Act 1933 19 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children). Infanticide Act 1938 20 An offence under section 1 of the Infanticide Act 1938 (infanticide). Sexual Offences Act 1956 21 An offence under section 33A of the Sexual Offences Act 1956 (keeping a brothel used for prostitution). Firearms Act 1968 22 An offence under any of the following provisions of the Firearms Act 1968— (a) section 16 (possession of firearm with intent to injure); (b) section 16A (possession of firearm with intent to cause fear of violence); (c) section 17(1) (use of firearm to resist arrest); (d) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act); (e) section 18 (carrying a firearm with criminal intent). Theft Act 1968 23 An offence under any of the following provisions of the Theft Act 1968— (a) section 8 (robbery or assault with intent to rob); (b) section 9, where the offence is burglary with intent to— (i) inflict grievous bodily harm on a person, or (ii) do unlawful damage to a building or anything in it; (c) section 10 (aggravated burglary); (d) section 12A (aggravated vehicle-taking). Criminal Damage Act 1971 24 (1) An offence of arson under section 1 of the Criminal Damage Act 1971. (2) An offence under section 1(2) of that Act (destroying or damaging property), other than an offence of arson. Biological Weapons Act 1974 25 An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons). Protection of Children Act 1978 26 An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children). Customs and Excise Management Act 1979 27 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles). Taking of Hostages Act 1982 28 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking). Aviation Security Act 1982 29 An offence under any of the following provisions of the Aviation Security Act 1982— (a) section 1 (hijacking); (b) section 2 (destroying, damaging or endangering safety of aircraft); (c) section 3 (other acts endangering or likely to endanger safety of aircraft); (d) section 4 (offences in relation to certain dangerous articles); (e) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft). Nuclear Material (Offences) Act 1983 30 An offence under section 2 of the Nuclear Material (Offences) Act 1983 (preparatory acts and threats). Mental Health Act 1983 31 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients). Public Order Act 1986 32 An offence under any of the following provisions of the Public Order Act 1986— (a) section 1 (riot); (b) section 2 (violent disorder); (c) section 3 (affray). Criminal Justice Act 1988 33 An offence under either of the following provisions of the Criminal Justice Act 1988— (a) section 134 (torture); (b) section 160 (possession of indecent photograph of a child). Road Traffic Act 1988 34 An offence under any of the following provisions of the Road Traffic Act 1988— (a) section 1 (causing death by dangerous driving); (b) section 3ZC (causing death by driving: disqualified drivers); (c) section 3A (causing death by careless driving when under influence of drink or drugs). Aviation and Maritime Security Act 1990 35 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990— (a) section 1 (endangering safety at aerodromes); (b) section 9 (hijacking of ships); (c) section 10 (seizing or exercising control of fixed platforms); (d) section 11 (destroying ships or fixed platforms or endangering their safety); (e) section 12 (other acts endangering or likely to endanger safe navigation); (f) section 13 (offences involving threats); (g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety). Channel Tunnel (Security) Order 1994 (S.I. 1994/570) 36 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system). Chemical Weapons Act 1996 37 An offence under either of the following provisions of the Chemical Weapons Act 1996— (a) section 2 (use etc of chemical weapons); (b) section 11 (premises or equipment used for producing chemical weapons). Protection from Harassment Act 1997 38 An offence under either of the following provisions of the Protection from Harassment Act 1997— (a) section 4 (putting people in fear of violence); (b) section 4A (stalking involving fear of violence or serious alarm or distress). Crime and Disorder Act 1998 39 (1) An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults). (2) An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986). Terrorism Act 2000 40 An offence under any of the following provisions of the Terrorism Act 2000— (a) section 11 (membership of a proscribed organisation); (b) section 12 (inviting support for a proscribed organisation etc); (c) section 15 (fund-raising); (d) section 16 (use or possession of money or property for terrorist purposes); (e) section 17 (involvement in terrorist funding arrangements); (f) section 17A (insurance against payments made in response to terrorist demands); (g) section 18 (laundering of terrorist property); (h) section 19 (failure to disclose professional belief or suspicion about terrorist offences); (i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences); (j) section 38B (failure to disclose information about acts of terrorism); (k) section 39 (disclosure of information prejudicial to a terrorist investigation etc); (l) section 54 (weapons training); (m) section 56 (directing terrorist organisation); (n) section 57 (possession of article for terrorist purposes); (o) section 58 (collection of information likely to be of use to a terrorist); (p) section 58A (publishing information about members of the armed forces); (q) section 58B (entering or remaining in a designated area); (r) sections 59 to 61 (inciting terrorism overseas). International Criminal Court Act 2001 41 An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder. Anti-terrorism, Crime and Security Act 2001 42 An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001— (a) section 47 (use etc of nuclear weapons); (b) section 50 (assisting or inducing certain weapons-related acts overseas); (c) section 113 (use of noxious substance or thing to cause harm or intimidate). Female Genital Mutilation Act 2003 43 An offence under any of the following provisions of the Female Genital Mutilation Act 2003— (a) section 1 (female genital mutilation); (b) section 2 (assisting a girl to mutilate her own genitalia); (c) section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia). Sexual Offences Act 2003 44 An offence under Part 1 of the Sexual Offences Act 2003 (sexual offences), other than an offence under any of the following provisions of that Act— (a) section 51A (soliciting); (b) section 53A (paying for sexual services of a prostitute subjected to force etc); (c) section 71 (sexual activity in a public lavatory). Domestic Violence, Crime and Victims Act 2004 45 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm). Terrorism Act 2006 46 An offence under any of the following provisions of the Terrorism Act 2006— (a) section 1 (encouragement of terrorism); (b) section 2 (dissemination of terrorist publications); (c) section 5 (preparation of terrorist acts); (d) section 6 (training for terrorism); (e) section 8 (attendance at a place used for terrorist training); (f) section 9 (making or possession of radioactive device or material); (g) section 10 (misuse of radioactive device or material for terrorist purposes etc); (h) section 11 (terrorist threats relating to radioactive devices etc). Counter-Terrorism Act 2008 47 An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc). Terrorism Prevention and Investigation Measures Act 2011 48 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures). Counter-Terrorism and Security Act 2015 49 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order). Serious Crime Act 2015 50 An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation). Modern Slavery Act 2015 51 An offence under either of the following provisions of the Modern Slavery Act 2015— (a) section 1 (slavery, servitude and forced or compulsory labour); (b) section 2 (human trafficking). Space Industry Act 2018 52 An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018— (a) paragraph 1 (hijacking of spacecraft); (b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft); (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); (d) paragraph 4 (endangering safety at spaceports).

SCHEDULE 19 The Parole Board: supplementary provisions

Section 239(7) Status and Capacity 1 (1) The Board is not to 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 is not to be regarded as property of, or held on behalf of, the Crown. (2) It is 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 Chapter 6 of Part 12 in respect of fixed-term prisoners, and (b) its functions under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) in relation to life prisoners within the meaning of that Chapter. Membership 2 (1) The Board is to consist of a chairman and not less than five other members appointed by the Secretary of State. (2) The Board must 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; ... (d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders; and (e) a person appearing to the Secretary of State to have experience of law enforcement in a part of the United Kingdom. (2A) “Law enforcement” means the prevention, detection or investigation of offences. (3) A member of the Board— (a) holds and vacates 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 is 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 239(5), the arrangements relating to meetings of the Board are to 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 are not to 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 are to be determined by the Board. (3) Any determination under sub-paragraph (1) or (2) requires the approval of the Secretary of State given with the consent of the Treasury. (4) The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) shall not require insurance to be effected by the Board. 6 (1) Employment with the Board shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) 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 continue to 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) are to be paid out of money provided by Parliament. Authentication of Board’s seal 8 The application of the seal of the Board is to 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 is 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 and paragraph 11 “financial year” means a period of 12 months ending with 31st March. Reports 11 The Board must 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 must lay a copy of the report before each House of Parliament.

SCHEDULE 19ZA Offences carrying restricted eligibility of terrorist prisoners for release on licence

Section 247A PART 1 Terrorism offences punishable with imprisonment for life 1 An offence under any of the following provisions of the Terrorism Act 2000— (a) section 54 (weapons training); (b) section 56 (directing a terrorist organisation); (c) section 59 (inciting terrorism overseas: England and Wales), other than an offence which is an offence by virtue of subsection (2)(c) of that section; (d) section 60 (inciting terrorism overseas: Northern Ireland), other than an offence which is an offence by virtue of subsection (2)(c) of that section; (e) section 61 (inciting terrorism overseas: Scotland). 2 An offence under any of the following provisions of the Terrorism Act 2006— (a) section 5 (preparation of terrorist acts); (b) section 6 (training for terrorism); (c) section 9 (making or possession of radioactive device or material); (d) section 10 (misuse of radioactive device or material for terrorist purposes etc); (e) section 11 (terrorist threats relating to radioactive devices etc). 3 (1) An attempt to commit an offence specified in a preceding paragraph of this Part of this Schedule (“a listed offence”). (2) Conspiracy to commit a listed offence. (3) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed. (4) Incitement to commit a listed offence. (5) Aiding, abetting, counselling or procuring the commission of a listed offence. 4 An offence that— (a) was abolished before the coming into force of this Schedule, and (b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in any of the preceding paragraphs of this Part of this Schedule. PART 2 Terrorism offences punishable with imprisonment for more than two years (but not life) 5 An offence under any of the following provisions of the Terrorism Act 2000— (a) section 11 (membership of a proscribed organisation); (b) section 12 (inviting or expressing support for a proscribed organisation); (c) section 15 (fund-raising); (d) section 16 (use of money or property for terrorist purposes); (e) section 17 (involvement in terrorist funding arrangements); (f) section 17A (insuring payments made in response to terrorist threats); (g) section 18 (laundering of terrorist property); (h) section 19 (failure to disclose professional belief or suspicion about terrorist offences); (i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences); (j) section 38B (failure to disclose information about acts of terrorism); (k) section 39 (disclosure of information prejudicial to a terrorist investigation etc); (l) section 57 (possession of article for terrorist purposes); (m) section 58 (collection of information likely to be of use to a terrorist); (n) section 58A (publishing information about members of the armed forces etc); (o) section 58B (entering or remaining in a designated area); (p) section 59 (inciting terrorism overseas: England and Wales), in the case of an offence which is an offence by virtue of the reference in subsection (2)(c) of that section to an offence under section 23 of the Offences against the Person Act 1861; (q) section 60 (inciting terrorism overseas: Northern Ireland), in the case of an offence which is an offence by virtue of the reference in subsection (2)(c) of that section to an offence under section 23 of the Offences against the Person Act 1861. 6 An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substances to harm or intimidate). 7 An offence under any of the following provisions of the Terrorism Act 2006— (a) section 1 (encouragement of terrorism); (b) section 2 (dissemination of terrorist publications); (c) section 8 (attendance at a place used for terrorist training). 8 An offence under any of the following provisions of the Counter-Terrorism Act 2008— (a) section 54 (breach of police notification requirements etc); (b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order). 9 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures). 10 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order). 11 (1) An attempt to commit an offence specified in a preceding paragraph of this Part of this Schedule (“a listed offence”). (2) Conspiracy to commit a listed offence. (3) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed. (4) Incitement to commit a listed offence. (5) Aiding, abetting, counselling or procuring the commission of a listed offence. 12 An offence that— (a) was abolished before the coming into force of this Schedule, and (b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in any of the preceding paragraphs of this Part of this Schedule. PART 3 Other offences punishable with imprisonment for life 13 Manslaughter. 14 Culpable homicide (under the law of Scotland). 15 Kidnapping. 16 False imprisonment. 17 Abduction (under the law of Scotland). 18 Assault by explosive device (under the law of Scotland). 19 Assault to severe injury (under the law of Scotland). 20 Assault and poisoning (under the law of Scotland). 21 Poisoning (under the law of Scotland). 22 Robbery (under the law of Scotland). 23 Assault with intent to rob (under the law of Scotland). 24 Wilful fire-raising (under the law of Scotland). 25 Malicious mischief (under the law of Scotland). 26 Riot (under the law of Northern Ireland). 27 Affray (under the law of Northern Ireland). 28 An offence under any of the following provisions of the Offences against the Person Act 1861— (a) section 4 (soliciting murder); (b) section 18 (wounding with intent to cause grievous bodily harm); (c) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in the committing of an indictable offence); (d) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence); (e) section 28 (causing bodily injury by explosives); (f) section 29 (using explosives etc with intent to do grievous bodily harm); (g) section 32 (endangering the safety of railway passengers). 29 An offence under any of the following provisions of the Explosive Substances Act 1883— (a) section 2 (causing explosion likely to endanger life or property); (b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property); (c) section 4 (making or possession of explosive under suspicious circumstances); (d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives). 30 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction). 31 An offence under section 1 of the Infanticide Act 1938 (infanticide). 32 An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5 (N.I.)) (infanticide). 33 An offence under section 25 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) (child destruction). 34 An offence under any of the following provisions of the Firearms Act 1968— (a) section 16 (possession of firearm with intent to endanger life); (b) section 17(1) (use of firearm to resist arrest); (c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act); (d) section 18 (carrying a firearm with criminal intent). 35 An offence under either of the following provisions of the Theft Act 1968— (a) section 8 (robbery or assault with intent to rob); (b) section 10 (aggravated burglary). 36 An offence under either of the following provisions of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))— (a) section 8 (robbery); (b) section 10 (aggravated burglary). 37 (1) An offence of arson under section 1 of the Criminal Damage Act 1971. (2) An offence under section 1(2) of that Act (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson. 38 An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons). 39 (1) An offence of arson under Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)). (2) An offence under Article 3(2) of that Order (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson. 40 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking). 41 An offence under any of the following provisions of the Aviation Security Act 1982— (a) section 1 (hijacking); (b) section 2 (destroying, damaging or endangering safety of aircraft); (c) section 3 (other acts endangering or likely to endanger safety of aircraft); (d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft). 42 An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983— (a) section 1B (offences relating to damage to the environment); (b) section 2 (preparatory acts and threats). 43 An offence under section 134 of the Criminal Justice Act 1988 (torture). 44 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990— (a) section 1 (endangering safety at aerodromes); (b) section 9 (hijacking of ships); (c) section 10 (seizing or exercising control of fixed platforms); (d) section 11 (destroying ships or fixed platforms or endangering their safety); (e) section 12 (other acts endangering or likely to endanger safe navigation); (f) section 13 (offences involving threats); (g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety). 45 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system). 46 An offence under either of the following provisions of the Chemical Weapons Act 1996— (a) section 2 (use etc of chemical weapons); (b) section 11 (premises or equipment used for producing chemical weapons). 47 An offence under any of the following provisions of the International Criminal Court Act 2001, other than an offence involving murder— (a) section 51 (genocide, crimes against humanity and war crimes: England and Wales); (b) section 52 (conduct ancillary to genocide etc: England and Wales); (c) section 58 (genocide, crimes against humanity and war crimes: Northern Ireland); (d) section 59 (conduct ancillary to genocide etc: Northern Ireland). 48 An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001— (a) section 47 (use etc of nuclear weapons); (b) section 50 (assisting or inducing certain weapons-related acts overseas). 49 An offence under section 1 or 2 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder. 50 An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))— (a) Article 58(1) (possession of firearm with intent to endanger life etc); (b) Article 59(1) (use of firearm to resist arrest); (c) Article 59(2) (possession of firearm while committing other offence); (d) Article 60 (carrying a firearm with criminal intent). 51 An offence under either of the following provisions of the Modern Slavery Act 2015— (a) section 1 (slavery, servitude and forced or compulsory labour); (b) section 2 (human trafficking). 52 An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)— (a) section 1 (human trafficking); (b) section 4 (slavery, servitude and forced or compulsory labour). 53 An offence under either of the following provisions of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))— (a) section 1 (slavery, servitude and forced or compulsory labour); (b) section 2 (human trafficking). 54 An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018— (a) paragraph 1 (hijacking of spacecraft); (b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft); (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); (d) paragraph 4 (endangering safety at spaceports). 55 (1) An attempt to commit an offence specified in a preceding paragraph of this Part of this Schedule (“a listed offence”). (2) Conspiracy to commit a listed offence. (3) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed. (4) Incitement to commit a listed offence. (5) Aiding, abetting, counselling or procuring the commission of a listed offence. 56 (1) An attempt to commit murder. (2) Conspiracy to commit murder. (3) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed. (4) Incitement to commit murder. (5) Aiding, abetting, counselling or procuring murder. 57 An offence that— (a) was abolished before the coming into force of this Schedule, and (b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Schedule 19ZB Offences where offender not eligible for release at the end of the section 255BA automatic release period

Section 255A(8)(d) Official Secrets Act 1911 1 An offence under section 7 of the Official Secrets Act 1911 (harbouring spies). Official Secrets Act 1989 2 An offence under the Official Secrets Act 1989 other than an offence under section 8(1), (4) or (5). Terrorism Act 2000 3 An offence under any of the following provisions of the Terrorism Act 2000— (a) section 13 (uniform and publication of images); (b) section 21D (tipping off: regulated sector); (c) section 36 (2) (failure to comply with an order, etc of constable in connection with terrorist investigation); (d) section 51 (2) (failure to move a vehicle when required to do so); (e) section 116 (3) (failure to stop a vehicle when required to do so); (f) section 120B (offences in relation to counter-terrorism financial investigators); (g) in Schedule 5 (terrorist investigations: information)— (i) paragraph 3 (7) (wilfully obstructing a search of a cordoned area); (ii) paragraph 14 (making a false or misleading statement in connection with a terrorist investigation); (iii) paragraph 15 (4) (wilfully obstructing an urgent search); (iv) paragraph 16 (3) (failure to comply with an urgent explanation notice: England and Wales and Northern Ireland); (v) paragraph 32 (3) (failure to comply with an urgent explanation notice: Scotland); (h) in Schedule 5A (terrorist financing investigations: disclosure orders)— (i) paragraph 11 (failure to comply with disclosure order or making false or misleading statement in purported compliance: England and Wales and Northern Ireland); (ii) paragraph 21 (failure to comply with disclosure order or making false or misleading statement in purported compliance: Scotland); (i) paragraph 1 (3) of Schedule 6 (failure to comply with requirement to provide financial information); (j) paragraph 18 of Schedule 7 (port and border controls: failure to comply with duty, etc). Counter-Terrorism Act 2008 4 An offence under any of the following provisions of the Counter-Terrorism Act 2008— (a) paragraph 15 of Schedule 5 (breach of foreign travel restriction order); (b) in Schedule 7 (terrorist financing and money laundering)— (i) paragraph 30 (failure to comply with requirement imposed by direction); (ii) paragraph 30A (circumvention of requirement imposed by direction); (iii) paragraph 31 (offences in connection with licences). Counter-Terrorism and Security Act 2015 5 An offence under paragraph 15 of Schedule 1 to the Counter-Terrorism and Security Act 2015 (failure to hand over travel documents or hindering a search). Counter-Terrorism and Border Security Act 2019 6 An offence under paragraph 23 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (failure to comply with a duty relating to border security or obstructing a search). National Security Act 2023 7 An offence under any of the following provisions of the National Security Act 2023— (a) section 5 (1) (unauthorised entry to a prohibited place); (b) section 6 (4) (failure to comply with instructions of constable around a prohibited place); (c) section 11 (4) (failure to comply with police cordon); (d) section 69 (5) (requirement to register foreign influence arrangements); (e) section 71 (2) or (3) (carrying out political influence activities pursuant to unregistered foreign influence arrangement); (f) section 72 (6) (failure to register political influence activities of foreign powers); (g) section 74 (8) committed in relation to a foreign influence arrangement registered under section 69 or a political influence activity registered under section 72 (failure to submit material change in relation to foreign influence arrangement or political influence activity registrations); (h) section 75 (8) committed in relation to an information notice given under section 75(2) (failure to comply with a requirement to provide information); (i) section 77 (3) or (4) (providing false information); (j) section 78 (2) (carrying out activities under arrangements tainted by false information); (k) in Schedule 2 (powers of entry, search and seizure)— (i) paragraph 11 (1) (providing false or misleading response to an order requiring explanation of material); (ii) paragraph 12 (5) (wilfully obstructing an urgent search); (iii) paragraph 14 (3) (failure to comply with an urgent notice); (l) in Schedule 3 (disclosure orders)— (i) paragraph 7 (1) (failure to comply with a disclosure order); (ii) paragraph 7 (3) (making a false or misleading statement in response to a disclosure order); (m) paragraph 6 (1) of Schedule 4 (failure to comply with a customer information order). Acting for foreign power 8 An offence in relation to which, under section 20 of the National Security Act 2023 (aggravating factor where foreign power or designated body condition met: Northern Ireland), the foreign power condition or the designated body condition has been determined to have been met in relation to the conduct that constituted the offence. 9 An offence to which section 21 of that Act applies (aggravating factor where foreign power or designated body condition met: Scotland). Inchoate offences 10 An attempt to commit an offence specified in a preceding paragraph of this Schedule (“a listed offence”). 11 Conspiracy to commit a listed offence. 12 An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed. 13 Incitement to commit a listed offence. 14 Aiding, abetting, counselling or procuring the commission of a listed offence. Service offences 15 (1) A reference in any of the preceding paragraphs of this Schedule to an offence (“offence A”) includes— (a) a reference to an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is offence A, (b) a reference to an offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning given by that section) is offence A, and (c) a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A. (2) Section 48 of the Armed Forces Act 2006 (attempts etc. outside England and Wales) applies for the purposes of paragraph (c) of sub-paragraph (1) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.

SCHEDULE 19B Prisoners returning to the UK: Modifications of Chapter 6 of Part 12

Section 261 Modification of dates for referral to the Board 1 Paragraph 2 applies where section 244ZC(2), 244A(2) or 246A(4) (when read with section 260(4A)) would require the Secretary of State to refer a person’s case to the Board on a day falling before the end of the period of 28 days beginning with the day on which the person is returned to custody. 2 The applicable provision is to be read as requiring the Secretary of State to refer the person’s case to the Board at any time up to the end of the period of 28 days beginning with the day on which the person is returned to custody. 3 For the purposes of paragraphs 1 and 2, a person returns to custody when the person, having returned to the United Kingdom, is detained (whether or not in prison) in pursuance of their sentence. Person removed after Board had directed release but before being released 4 Paragraphs 5 and 6 apply where, before a person’s removal from the United Kingdom— (a) the Board had directed their release under section 244ZC, 244A or 246A, but (b) they had not been released on licence. 5 The direction of the Board is to be treated as having no effect. 6 The person is to be treated as if— (a) they had been recalled under section 254 on the day on which they returned to the United Kingdom, and (b) section 255C (prisoners excluded from automatic release) applied to them. Person removed after referral to the Board but before disposal of the reference 7 Paragraph 8 applies where— (a) before a person’s removal from prison their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and (b) the reference lapsed under section 260(4B) because the person was removed from the United Kingdom before the Board had disposed of the reference. 8 Section 244ZC(2), 244A(2) or 246A(4) (as applicable) is to be read as requiring the Secretary of State to refer the person’s case to the Board before the end of the period of 28 days beginning with the day on which the person is returned to custody. 9 For the purposes of paragraph 8, a person returns to custody when the person, having returned to the United Kingdom, is detained (whether or not in prison) in pursuance of their sentence. Person removed after having been recalled to prison 10 Paragraphs 11 and 12 apply where, at the time of a person’s removal from prison under section 260, the person was in prison following recall under section 254. 11 Any direction of the Board made in relation to the person under section 255C or 256A before their return to the United Kingdom is to be treated as having no effect. 12 The person is to be treated as if— (a) they had been recalled under section 254 on the day on which they returned to the United Kingdom, and (b) section 255C (prisoners excluded from automatic release) applied to them.

SCHEDULE 20A Application of Chapter 6 of Part 12 to pre-4 April 2005 cases

Section 267A 1 In this Schedule— “the 1991 Act” means the Criminal Justice Act 1991; “the commencement date” means the date on which section 121 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force. 2 Paragraphs 3 to 9 apply in relation to any person serving a sentence for an offence committed before 4 April 2005, whenever that sentence was imposed (see section 121(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012). 3 (1) Any relevant period is to be treated, for the purposes of section 240ZA, as if it were a period for which the offender was remanded in custody in connection with the offence. (2) “Relevant period” means any period which would (but for the repeal of section 67 of the Criminal Justice Act 1967) be a relevant period within the meaning of that section (reduction of sentences by period spent in custody etc). 4 (1) Section 246(4) applies as if— (a) the reference in paragraph (a) to section 227 or 228 were a reference to section 85 of the Sentencing Act; (b) the reference in paragraph (d) to paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 were a reference to paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Sentencing Act; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the references in paragraph (h) to sections 248 and 254 included references to, respectively, sections 36 and 39(1) or (2) of the 1991 Act; and (e) in paragraph (i), the words from “in the case of” to “relates” were omitted. (2) Section 246(6) applies as if, in the definition of “term of imprisonment”, the reference to section 227 or 228 included a reference to section 85 of the Sentencing Act. 5 (1) Where the person has been released on licence under Part 2 of the 1991 Act or under section 60 of the Criminal Justice Act 1967 before the commencement date, the person is to be treated as if the release had been under this Chapter. (2) In particular, the following provisions apply. (3) A licence under section 34A of the 1991 Act is to be treated as if it were a licence under section 246. (4) A licence under section 36 of the 1991 Act is to be treated as if it were a licence under section 248. (5) Any condition of a licence specified under section 37 of the 1991 Act is to have effect as if it were included under section 250 (whether or not the condition is of a kind which could otherwise be included under that section). (6) Where the licence is, on the commencement date, subject to a suspension under section 38(2) of the 1991 Act, the suspension continues to have effect for the period specified by the court despite the repeal of that section. (7) A licence under section 40A of the 1991 Act is to be treated as if it were a licence under this Chapter, except that in respect of any failure (before or after the commencement date) to comply with the conditions of the licence, the person is liable to be dealt with in accordance with section 40A(4) to (6) (despite the repeal of that section) and is not liable to be dealt with in any other way. (8) Sub-paragraph (1) does not affect the duration of the licence. 6 (1) Where a person has been recalled under Part 2 of the 1991 Act before the commencement date, the person is to be treated as if the recall had been under section 254. (2) In particular, the following provisions apply. (3) If the Secretary of State has not referred the person's case to the Board under section 39(4) or 44A of the 1991 Act, the Secretary of State must refer the case under section 255C(4). (4) If the Secretary of State has referred the person's case to the Board under section 39(4) or 44A of the 1991 Act, that reference is to be treated as if it had been made under section 255C(4). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) If the person is released on licence, the duration of that licence is determined in accordance with section 249 (subject to paragraphs 17, 19 and 26 of Schedule 20B). 7 Rules made by virtue of section 42 of the 1991 Act have effect as if made by virtue of section 257. 8 (1) A person removed from prison under section 46A of the 1991 Act before the commencement date is to be treated as having been removed from prison under section 260. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A Section 268(1A) (definition of “the requisite custodial period”) has effect as if it provided that, in relation to a person serving an extended sentence under section 85 of the Sentencing Act, the requisite custodial period means one-half of the custodial term determined under that section (subject to sections 263 and 264). 9 An order made under section 47 of the 1991 Act is to have effect as if it were an order made under section 243. 10 Section 264 applies as if the definition of “custodial period” in subsection (6) included, in relation to an extended sentence imposed under section 85 of the Sentencing Act, one-half of the custodial term determined under that section.

SCHEDULE 20B Modifications of Chapter 6 of Part 12 in certain transitional cases

Section 267B Part 1 Introductory Interpretation 1 (1) The following provisions apply for the purposes of this Schedule. (2) “The commencement date” means the date on which section 121 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force. (3) “The 1967 Act” means the Criminal Justice Act 1967. (4) “The 1991 Act” means the Criminal Justice Act 1991. (5) A “section 85 extended sentence” means an extended sentence under section 85 of the Sentencing Act and includes (in accordance with paragraph 1(3) of Schedule 11 to that Act) a sentence under section 58 of the Crime and Disorder Act 1998. (6) In relation to a section 85 extended sentence, “the custodial term” and “the extension period” have the meaning given by that section. (7) References to section 86 of the Sentencing Act include (in accordance with paragraph 1(3) of Schedule 11 to that Act) section 44 of the 1991 Act as originally enacted. (8) A “1967 Act sentence” is a sentence imposed before 1 October 1992. (9) A “1991 Act sentence” is a sentence which is— (a) imposed on or after 1 October 1992 but before 4 April 2005, or (b) imposed on or after 4 April 2005 but before the commencement date and is either— (i) imposed in respect of an offence committed before 4 April 2005, or (ii) for a term of less than 12 months. (10) A “2003 Act sentence” is a sentence which is— (a) imposed on or after the commencement date, or (b) imposed on or after 4 April 2005 but before the commencement date and is both— (i) imposed in respect of an offence committed on or after 4 April 2005, and (ii) for a term of 12 months or more. (11) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it is to be taken for the purposes of this Schedule to have been committed on the last of those days. Explanation of dates 2 The following dates (which are mentioned in this Schedule) are dates on which changes to the law relating to the release and recall of prisoners came into force— 1 October 1992 is the date on which Part 2 of the 1991 Act came into force; 30 September 1998 is the date on which certain provisions of the Crime and Disorder Act 1998 came into force; 4 April 2005 is the date on which this Chapter came into force; 9 June 2008 is the date on which section 26 of the Criminal Justice and Immigration Act 2008 came into force; 14 July 2008 is the date on which certain other provisions of that Act came into force; 2 August 2010 is the date on which section 145 of the Coroners and Justice Act 2009 came into force. Part 2 Prisoners serving 1991 Act sentences etc 3 (1) This Part applies to certain persons serving a 1991 Act sentence. (2) This Part also applies to a person serving a 2003 Act sentence which is— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) an extended sentence imposed under section 227 or 228 before 14 July 2008. (3) But this Part does not apply to a person who— (a) has been released on licence under Part 2 of the 1991 Act, (b) has been recalled to prison, and (c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date. Duty to release on licence at two-thirds of sentence 4 (1) This paragraph applies to a person in relation to whom— (a) all the conditions in sub-paragraph (2) are met, and (b) the condition in any one or more of sub-paragraphs (3) to (5) is met. (2) The conditions in this sub-paragraph are that— (a) the person has been convicted of an offence committed before 4 April 2005, (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date, (c) the sentence or (in the case of a section 85 extended sentence) the custodial term is for a term of 4 years or more, and (d) the person has not previously been released from prison on licence in respect of that sentence. (3) The condition in this sub-paragraph is that the offence (or one of the offences) in respect of which the sentence was imposed is— (a) an offence specified in Schedule 15 (specified violent offences and specified sexual offences) as it had effect on 4 April 2005, (b) an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Terrorism Act 2000, (c) an offence under any of sections 47, 50 and 113 of the Anti-terrorism, Crime and Security Act 2001, (d) an offence under section 12 of the Sexual Offences Act 1956, (e) an offence of aiding, abetting counselling, procuring or inciting the commission of an offence listed in any of paragraphs (b) to (d), or (f) an offence of conspiring or attempting to commit an offence listed in any of paragraphs (b) to (d). (4) The condition in this sub-paragraph is that the person has served one-half of the sentence or (in the case of a section 85 extended sentence) of the custodial term before 9 June 2008. (5) The condition in this sub-paragraph is that— (a) the person is serving the sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984, (b) the warrant was issued before 9 June 2008, and (c) the offence (or one of the offences) for which the person is serving the sentence corresponds ... to any offence specified in Schedule 15 as it had effect on 4 April 2005. 5 (1) As soon as a person to whom paragraph 4 applies (but to whom section 247A does not apply) has served two-thirds of the sentence, it is the duty of the Secretary of State to release the person on licence under this paragraph. (2) If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to two-thirds of the sentence is a reference to two-thirds of the custodial term. (3) Sub-paragraphs (1) and (2) apply in place of section 244 (release on licence of prisoners serving 12 months or more). (4) Where section 247A applies to a person— (a) to whom paragraph 4 also applies, and (b) who is serving a section 85 extended sentence, it does so with the modifications set out in sub-paragraphs (5) and (6). (5) Section 247A(7) applies to the person (despite subsection (6) of that section). (6) References in section 247A to— (a) the “appropriate custodial term” are to be read as references to the custodial term; (b) the “requisite custodial period” are to be read as references to two-thirds of the custodial term. Duty to release on direction of Parole Board 6 (1) After a person to whom paragraph 4 applies (but to whom section 247A does not apply) has served one-half of the sentence, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph. (2) The Board must not give a direction under sub-paragraph (1) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined. (3) If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to one-half of the sentence is a reference to one-half of the custodial term. (4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more). (5) Paragraphs 38 and 39 contain provision that relates to the Board's function of giving directions under sub-paragraph (2) for the release of a person. Release on licence at one-half of sentence: section 85 extended sentence prisoners 7 (1) This paragraph applies to a person if— (a) the person has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005, (b) the person is serving a section 85 extended sentence in respect of that offence, (c) the person has not previously been released from prison on licence in respect of that sentence, and (d) paragraph 4 does not apply to the person. 8 (1) As soon as a person to whom paragraph 7 applies has served one-half of the custodial term, it is the duty of the Secretary of State to release the person on licence under this paragraph. (2) Sub-paragraph (1) applies in place of section 243A or 244, as the case may be (release of prisoners serving less than 12 months, or serving 12 months or more). Duty to release unconditionally at three-quarters of sentence 9 (1) This paragraph applies to a person if— (a) the person has been convicted of an offence committed before 30 September 1998, (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992, (c) the sentence is for a term of 12 months or more, (d) the person has been released on licence under Part 2 of the 1991 Act, and (e) the person has been recalled before 14 July 2008 (and has not been recalled after that date). (2) But this paragraph does not apply if the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply. 10 As soon as a person to whom paragraph 9 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person unconditionally. Duty to release on licence at three-quarters of sentence 11 (1) This paragraph applies to a person who— (a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005, (b) is serving a sentence of imprisonment for a term of 12 months or more imposed in respect of that offence, (c) has been released on licence under Part 2 of the 1991 Act, and (d) has been recalled before 14 July 2008 (and has not been recalled after that date). (2) But this paragraph does not apply if the person has been released and recalled more than once. (3) Nor does this paragraph apply if the sentence is a section 85 extended sentence (paragraph 13 applying to such a case instead). 12 As soon as a person to whom paragraph 11 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person on licence. Release on licence: re-release of section 85 extended sentence prisoners 13 (1) This paragraph applies to a person who— (a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005, (b) is serving a section 85 extended sentence imposed in respect of that offence, (c) has been released on licence under Part 2 of the 1991 Act, and (d) has been recalled before 14 July 2008 (and has not been recalled after that date). (2) But this paragraph does not apply if the person has been released and recalled more than once. 14 (1) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of less than 12 months, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding— (a) one-half of the custodial term, and (b) the extension period. (2) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of 12 months or more, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding— (a) three-quarters of the custodial term, and (b) the extension period. Release of section 227 or 228 extended sentence prisoners: Parole Board direction 15 (1) This paragraph applies to a person (“P”) who is serving an extended sentence imposed under section 227 or 228 before 14 July 2008. (2) If section 247 (release of prisoner on licence) applies to P, it applies with the following modifications. (3) The Secretary of State must not release P under subsection (2) of that section unless the Board has directed P's release under that subsection. (4) The Board must not give a direction under sub-paragraph (3) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined. (5) As soon as P has served the appropriate custodial term, the Secretary of State must release P on licence, unless P has previously been recalled under section 254. (6) Paragraphs 38 and 39 contain provision that relates to the Board's function of giving directions under sub-paragraph (4) for the release of a person. Licence to remain in force to three-quarters of sentence 16 (1) This paragraph applies to a person to whom paragraph 4 applies. (2) This paragraph also applies to a person if— (a) the person has been convicted of an offence committed before 4 April 2005, (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date, (c) that sentence is for a term of 12 months or more but less than 4 years, and (d) the person has not previously been released from prison on licence in respect of that sentence. (3) This paragraph also applies to a person if— (a) the person has been convicted of an offence committed before 4 April 2005, (b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992, (c) that sentence is for a term of 12 months or more, (d) the person has been released on licence under Part 2 of the 1991 Act, and (e) the person has been recalled before 14 July 2008 (and has not been recalled after that date). (4) But this paragraph does not apply if the person has been released and recalled more than once. (5) Nor does this paragraph apply if— (a) the person is serving a section 85 extended sentence, or (b) the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply. (6) If a person has been— (a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and (b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew), the release and recall are to be disregarded for the purposes of this paragraph. 17 (1) Where a person to whom paragraph 16 applies is released on licence under section 244, 247A or paragraph 5 or 6, the licence shall remain in force until the date on which the person would (but for the release) have served three-quarters of the sentence. (1A) But if section 247A would (disregarding this sub-paragraph) require the release on licence of a person to whom paragraph 16 applies at any time after the end of the period referred to in sub-paragraph (1)— (a) that requirement does not apply, and (b) it is instead the duty of the Secretary of State to release the person unconditionally. (2) Sub-paragraph (1) is subject to any revocation under section 254. (3) Sub-paragraphs (1) to (2) apply in place of section 249 (duration of licence). Period for which licence to remain in force: section 85 extended sentence prisoners 18 This paragraph applies to a person who— (a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005, (b) is serving a section 85 extended sentence imposed in respect of that offence, and (c) has not previously been released from prison on licence in respect of that sentence. 19 (1) Where a person to whom paragraph 18 applies is released on licence and the custodial term is less than 12 months, the licence shall remain in force until the end of the period found by adding— (a) one-half of the custodial term, and (b) the extension period. (2) Where a person to whom paragraph 18 applies is released on licence and the custodial term is 12 months or more, the licence shall remain in force until the end of the relevant period. (3) Sub-paragraphs (1) and (2) are subject to any revocation under section 254. (4) Sub-paragraphs (1) to (3) apply in place of section 249 (duration of licence). (5) In sub-paragraph (2), “the relevant period”— (a) in relation to a person released on licence under section 247A at any time after the end of the period of three-quarters of the custodial term, means the period found by adding— (i) the proportion of the custodial term served before release, and (ii) the extension period; (b) in relation to any other case, means the period found by adding— (i) three-quarters of the custodial term, and (ii) the extension period. Concurrent or consecutive terms 20 Paragraphs 21 and 22 apply where a person (“P”) is serving two or more sentences of imprisonment imposed on or after 1 October 1992 and— (a) the sentences were passed on the same occasion, or (b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions. 21 (1) This paragraph applies if each of the sentences is a 1991 Act sentence. (2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences. (3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term. (4) If one or more of the sentences is a section 85 extended sentence— (a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and (b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5). (5) That period is to be increased— (a) if only one of the sentences is a section 85 extended sentence, by the extension period; (b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods; (c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods. 22 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and— (a) one or more of those sentences is a 1991 Act sentence, and (b) one or more of them is a 2003 Act sentence. (2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1991 Act sentence or sentences. (3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1). (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) If P is also serving one or more 1967 Act sentences, paragraphs 32 and 33 apply instead of this paragraph. Part 3 Prisoners serving 1967 Act sentences 23 (1) This Part applies to certain persons serving a 1967 Act sentence. (2) But this Part does not apply to a person who— (a) has been released on licence, (b) has been recalled to prison, and (c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date. (3) In this Part, references to release under Part 2 of the 1991 Act include release under section 60 of the 1967 Act. Sentence of more than 12 months imposed before 1 October 1992 24 (1) This paragraph applies to a person if— (a) the person is serving a sentence of imprisonment imposed before 1 October 1992, (b) the sentence is for a term of more than 12 months, and (c) the person has not previously been released from prison on licence in respect of that sentence. (2) This paragraph also applies to a person if— (a) the person is serving a sentence of imprisonment imposed before 1 October 1992, (b) the sentence is for a term of more than 12 months, (c) the person has been released on licence under Part 2 of the 1991 Act, and (d) the person has been recalled before 14 July 2008 (and has not been recalled after that date). (3) But this paragraph does not apply if, on the passing of the sentence, an extended sentence certificate was issued (see paragraph 27). (4) If a person has been— (a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and (b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew), the release and recall are to be disregarded for the purposes of this paragraph. 25 (1) It is the duty of the Secretary of State to release a person to whom paragraph 24 applies unconditionally under this paragraph— (a) in the case of a person falling within paragraph 24(1), as soon as the person has served two-thirds of the sentence; (b) in the case of a person falling within paragraph 24(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence. (2) After a person falling within paragraph 24(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph. (3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined. (4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more). (5) Paragraphs 38 and 39 contain provision that relates to the Board's function of giving directions under sub-paragraph (3) for the release of a person. 26 (1) Where a person to whom paragraph 24 applies is released on licence under paragraph 25(2), the licence shall remain in force until the date on which the person would (but for the release) have served two-thirds of the sentence. (2) Sub-paragraph (1) is subject to any revocation under section 254. (3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence). Extended sentence of more than 12 months imposed before 1 October 1992 27 (1) This paragraph applies to a person if— (a) the person is serving a sentence of imprisonment imposed before 1 October 1992, (b) the sentence is for a term of more than 12 months, (c) on the passing of the sentence an extended sentence certificate was issued, and (d) the person has not previously been released from prison on licence in respect of that sentence. (2) This paragraph also applies to a person if— (a) the person is serving a sentence of imprisonment imposed before 1 October 1992, (b) the sentence is for a term of more than 12 months, (c) on the passing of the sentence an extended sentence certificate was issued, (d) the person has been released on licence under Part 2 of the 1991 Act, and (e) the person has been recalled before 14 July 2008 (and has not been recalled after that date). (3) In this paragraph “extended sentence certificate” means a certificate was issued under section 28 of the Powers of Criminal Courts Act 1973 (punishment of persistent offenders) stating that an extended term of imprisonment was imposed on the person under that section. 28 (1) It is the duty of the Secretary of State to release a person to whom paragraph 27 applies on licence under this paragraph— (a) in the case of a person falling within paragraph 27(1), as soon as the person has served two-thirds of the sentence; (b) in the case of a person falling within paragraph 27(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence. (2) After a person falling within paragraph 27(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph. (3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined. (4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving twelve months or more). Additional days 29 (1) Prison rules made by virtue of section 257 may include provision for applying any provisions of this Chapter, in relation to any person falling within sub-paragraph (2), as if the person had been awarded such number of additional days as may be determined by or under the rules. (2) A person falls within this sub-paragraph if— (a) the person was released on licence under section 60 of the 1967 Act before 1 October 1992 and the licence was in force on that date, or (b) the person was, on that date, serving a custodial sentence, and (in either case) the person has forfeited any remission of the sentence. Concurrent or consecutive terms 30 Paragraphs 31 to 33 apply where a person (“P”) is serving two or more sentences of imprisonment and— (a) the sentences were passed on the same occasion, or (b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions. 31 (1) This paragraph applies where each of the sentences is a 1967 Act sentence. (2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences. (3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term. 32 (1) This paragraph applies where— (a) one or more of the sentences is a 1967 Act sentence, and (b) one or more of them is a 1991 Act sentence. (2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1). (3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served— (a) the terms mentioned in sub-paragraph (1) are to be treated as a single term, and (b) that single term is to be treated as if it were a 1967 Act sentence. (4) If one or more of the sentences is a section 85 extended sentence— (a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and (b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5). (5) That period is to be increased— (a) if only one of the sentences is a section 85 extended sentence, by the extension period; (b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods; (c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods. (6) If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated. 33 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and— (a) one or more of those sentences is a 1967 Act sentence, and (b) one or more of them is a 2003 Act sentence. (2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1967 Act sentence or sentences. (3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Provisions applying generally Licence conditions 34 (1) This paragraph applies to any licence (a “Parole Board licence”) which falls within sub-paragraph (2) or (3) and which was granted to a person serving— (a) a 1967 Act sentence, (b) a 1991 Act sentence, or (c) a 2003 Act sentence which is an extended sentence imposed under section 227 or 228 before 14 July 2008. (2) A licence falls within this sub-paragraph if— (a) it is or was granted to a person (“P”) on P's release (at any time) on the recommendation or direction of the Board, and (b) P has not been released otherwise than on such a recommendation or direction. (3) A licence falls within this sub-paragraph if— (a) it is or was granted to a person (“P”) on P's release (at any time), and (b) condition A or condition B is met. (4) Condition A is that, before 2 August 2010, the Board exercised the function under section 37(5) of the 1991 Act of making recommendations as to any condition to be included or inserted as a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence). (5) Condition B is that, before 2 August 2010— (a) P was released on licence under section 33(2), (3) or (3A) or 35(1) of the 1991 Act, and (b) the Board exercised the function under section 37(5) of that Act of— (i) making recommendations as to the inclusion or insertion of a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence), or (ii) making recommendations as to the variation or cancellation of any such condition (including a recommendation that the condition should not be varied or cancelled). (6) The Secretary of State must not— (a) include on release, or subsequently insert, a condition referred to in section 250(4)(b)(ii) in a Parole Board licence, or (b) vary or cancel any such condition, except in accordance with directions of the Board. Fine defaulters and contemnors 35 (1) This paragraph applies to any person if— (a) the person has been committed to prison or to be detained under section 108 of the Sentencing Act— (i) in default of payment of a sum adjudged to be paid by a conviction, or (ii) for contempt of court or any kindred offence, (b) the person was so committed or detained before 4 April 2005, and (c) the term for which the person was committed or detained is 12 months or more. (2) As soon as a person to whom this paragraph applies has served two-thirds of the term, it is the duty of the Secretary of State to release the person unconditionally. (3) Sub-paragraph (2) applies in place of section 258(2) (early release of fine defaulters and contemnors). Early removal of prisoners liable to removal from UK 36 (1) This paragraph applies to any person who— (a) has served one-half of a sentence of imprisonment, and (b) has not been released on licence under this Chapter. (2) The reference in sub-paragraph (1)(a) to one-half of a sentence is— (a) in the case of a section 85 extended sentence, a reference to one-half of the custodial term; (b) in the case of an extended sentence imposed under section 227 or 228, a reference to one-half of the appropriate custodial term. 37 (1) If a person to whom paragraph 36 applies— (a) is liable to removal from the United Kingdom, and (b) has not been removed from prison under section 260 during the period mentioned in subsection (1) of that section, the Secretary of State may remove the person from prison under that section at any time after the end of that period. (2) Sub-paragraph (1) applies whether or not the Board has directed the person's release under paragraph 6, 15, 25 or 28. Manslaughter: prisoner's non disclosure of information 38 (1) The Board must comply with this paragraph when making a relevant public protection decision about a prisoner if— (a) the prisoner's sentence was passed for manslaughter; (b) the Board does not know where and how the victim's remains were disposed of; and (c) the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”). (2) When making the relevant public protection decision about the prisoner, the Board must take into account— (a) the prisoner's non-disclosure; and (b) the reasons, in the Board's view, for the prisoner's non-disclosure. (3) This paragraph does not limit the matters which the Board must or may take into account when making a relevant public protection decision. (4) In this paragraph, in relation to a prisoner— “public protection decision” has the meaning given by section 237A(2); “relevant public protection decision” means the public protection decision made— under paragraph 6(2) for the purposes of paragraph 6(1), under paragraph 15(4) for the purposes of paragraph 15(3), under paragraph 25(3) for the purposes of paragraph 25(2), or under paragraph 28(3) for the purposes of paragraph 28(2); “victim” means the victim of the offence for which the prisoner's sentence was passed; and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died. Indecent images: prisoner's non-disclosure of information 39 (1) The Board must comply with this paragraph when making a relevant public protection decision about a prisoner if— (a) the prisoner's sentence was passed for— (i) an offence of taking an indecent photograph of a child, or (ii) a relevant offence of making an indecent pseudo-photograph of a child; (b) the Board does not know the identity of the child who is the subject of the relevant indecent image; and (c) the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”). (2) When making the relevant public protection decision about the prisoner, the Board must take into account— (a) the prisoner's non-disclosure; and (b) the reasons, in the Board's view, for the prisoner's non-disclosure. (3) This paragraph does not limit the matters which the Board must or may take into account when making a relevant public protection decision. (4) For the purposes of this paragraph an offence is— (a) an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child; (b) a “relevant offence of making an indecent pseudo-photograph of a child” if— (i) it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and (ii) the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph; and, in the application of this section to an offence of making an indecent pseudo-photograph of a child, the references in sub-paragraph (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the actual child. (5) In this paragraph— “public protection decision”, in relation to a prisoner, has the meaning given by section 237A(2); “relevant indecent image” means— the photograph to which an offence of taking an indecent photograph of a child relates, or the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates. “relevant public protection decision”, in relation to a prisoner, means the public protection decision made— under paragraph 6(2) for the purposes of paragraph 6(1), under paragraph 15(4) for the purposes of paragraph 15(3), under paragraph 25(3) for the purposes of paragraph 25(2), or under paragraph 28(3) for the purposes of paragraph 28(2).

SCHEDULE 22 Mandatory life sentences: transitional cases

Section 276 Interpretation 1 In this Schedule— “the commencement date” means the day on which section 269 comes into force; “the early release provisions” means the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (c. 43); “existing prisoner” means a person serving one or more mandatory life sentences passed before the commencement date (whether or not he is also serving any other sentence); “life sentence” means a sentence of imprisonment for life or custody for life passed in England and Wales or by a court-martial outside England and Wales; “mandatory life sentence” means a life sentence passed in circumstances where the sentence was fixed by law. Existing prisoners notified by Secretary of State 2 Paragraph 3 applies in relation to any existing prisoner who, in respect of any mandatory life sentence, has before the commencement date been notified in writing by the Secretary of State (otherwise than in a notice that is expressed to be provisional) either— (a) of a minimum period which in the view of the Secretary of State should be served before the prisoner’s release on licence, or (b) that the Secretary of State does not intend that the prisoner should ever be released on licence. 3 (1) On the application of the existing prisoner, the High Court must, in relation to the mandatory life sentence, either— (a) order that the early release provisions are to apply to him as soon as he has served the part of the sentence which is specified in the order, which in a case falling within paragraph 2(a) must not be greater than the notified minimum term, or (b) in a case falling within paragraph 2(b), order that the early release provisions are not to apply to the offender. (2) In a case falling within paragraph 2(a), no application may be made under this paragraph after the end of the notified minimum term. (3) Where no application under this paragraph is made in a case falling within paragraph 2(a), the early release provisions apply to the prisoner in respect of the sentence as soon as he has served the notified minimum term (or, if he has served that term before the commencement date but has not been released, from the commencement date). (4) In this paragraph “the notified minimum term” means the minimum period notified as mentioned in paragraph 2(a), or where the prisoner has been so notified on more than one occasion, the period most recently so notified. 4 (1) In dealing with an application under paragraph 3, the High Court must have regard to— (a) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, (b) where the court is satisfied that, if the prisoner had been sentenced to a term of imprisonment, the length of his sentence would have been treated by section 67 of the Criminal Justice Act 1967 (c. 80) as being reduced by a particular period, the effect which that section would have had if he had been sentenced to a term of imprisonment, and (c) the length of the notified minimum term or, where a notification falling within paragraph 2(b) has been given to the prisoner, to the fact that such a notification has been given. (2) In considering under sub-paragraph (1) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, the High Court must have regard to— (a) the general principles set out in Schedule 21, and (b) any recommendation made to the Secretary of State by the trial judge or the Lord Chief Justice as to the minimum term to be served by the offender before release on licence. (3) In this paragraph “the notified minimum term” has the same meaning as in paragraph 3. Existing prisoners not notified by Secretary of State 5 Paragraph 6 applies in relation to any existing prisoner who, in respect of any mandatory life sentence, has not before the commencement date been notified as mentioned in paragraph 2(a) or (b) by the Secretary of State. 6 The Secretary of State must refer the prisoner’s case to the High Court for the making by the High Court of an order under subsection (2) or (4) of section 269 in relation to the mandatory life sentence. 7 In considering under subsection (3) or (4) of section 269 the seriousness of an offence (or the combination of an offence and one or more offences associated with it) in a case referred to the High Court under paragraph 6, the High Court must have regard not only to the matters mentioned in subsection (5) of that section but also to any recommendation made to the Secretary of State by the trial judge or the Lord Chief Justice as to the minimum term to be served by the offender before release on licence. 8 In dealing with a reference under paragraph 6, the High Court— (a) may not make an order under subsection (2) of section 269 specifying a part of the sentence which in the opinion of the court is greater than that which, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify as mentioned in paragraph 2(a), and (b) may not make an order under subsection (4) of section 269 unless the court is of the opinion that, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to give the prisoner a notification falling within paragraph 2(b). Sentences passed on or after commencement date in respect of offences committed before that date 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings in High Court 11 (1) An application under paragraph 3 or a reference under paragraph 6 is to be determined by a single judge of the High Court without an oral hearing. (2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court. Giving of reasons 12 (1) Where the High Court makes an order under paragraph 3(1)(a) or (b), it must state in open court, in ordinary language, its reasons for deciding on the order made. (2) Where the order is an order under paragraph 3(1)(a) specifying a part of the sentence shorter than the notified minimum term the High Court must, in particular, state its reasons for departing from the notified minimum term. 13 Where the High Court makes an order under subsection (2) or (4) of section 269 on a reference under paragraph 6, subsection (2) of section 270 does not apply. Right of appeal 14 (1) A person who has made an application under paragraph 3 or in respect of whom a reference has been made under paragraph 6 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the application or reference. (2) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to Supreme Court from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which sub-paragraph (1) applies. (3) The jurisdiction conferred on the Court of Appeal by this paragraph is to be exercised by the criminal division of that court. (4) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the Supreme Court under this paragraph. (5) In relation to appeals to the Court of Appeal or the Supreme Court under this paragraph, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications). Review of minimum term on reference by Attorney General 15 Section 36 of the Criminal Justice Act 1988 (c. 33) applies in relation to an order made by the High Court under paragraph 3(1)(a) as it applies in relation to an order made by the Crown Court under section 269(2). Modification of early release provisions 16 (1) In relation to an existing prisoner, section 28 of the Crime (Sentences) Act 1997 (c. 43) has effect subject to the following modifications. (2) Any reference to a life prisoner in respect of whom a minimum term order has been made includes a reference to— (a) an existing prisoner in respect of whom an order under paragraph 3(1)(a) has been made, and (b) an existing prisoner serving a sentence in respect of which paragraph 3(3) applies. (3) Any reference to the relevant part of the sentence is to be read— (a) in relation to a sentence in respect of which an order under paragraph 3(1)(a) has been made, as a reference to the part specified in the order, and (b) in relation to a sentence in respect of which paragraph 3(3) applies, as a reference to the notified minimum term as defined by paragraph 3(4). (4) In subsection (1B) (life prisoner serving two or more sentences), paragraph (a) is to be read as if it referred to each of the sentences being one— (a) in respect of which a minimum term order or an order under paragraph 3(1)(a) has been made, or (b) in respect of which paragraph 3(3) applies. 17 In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation of Chapter 2 of that Act), in the definition of “life prisoner”, the reference to a transferred prisoner as defined by section 273 of this Act includes a reference to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of that Act. Transferred life prisoners 18 In relation to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of the Crime (Sentences) Act 1997, this Schedule is to be read as if— (a) any certificate under subsection (2) of that section were a notification falling within paragraph 2(a) of this Schedule, and (b) references to any recommendation of the trial judge or the Lord Chief Justice were omitted.

SCHEDULE 24

1 (1) Section 70 of the Sentencing Act (requirements which may be included in action plan orders and directions) is amended as follows. (2) After subsection (4) there is inserted— (4A) Subsection (4B) below applies where a court proposing to make an action plan order is satisfied— (a) that the offender is dependent on, or has a propensity to misuse, drugs, and (b) that his dependency or propensity is such as requires and may be susceptible to treatment. (4B) Where this subsection applies, requirements included in an action plan order may require the offender for a period specified in the order (“the treatment period”) to submit to treatment by or under the direction of a specified person having the necessary qualifications and experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs. (4C) The required treatment shall be— (a) treatment as a resident in such institution or place as may be specified in the order, or (b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above. (4D) A requirement shall not be included in an action plan order by virtue of subsection (4B) above— (a) in any case, unless— (i) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident), and (ii) the requirement has been recommended to the court as suitable for the offender by an officer of a local probation board or by a member of a youth offending team; and (b) in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion. (4E) Subject to subsection (4F), an action plan order which includes a requirement by virtue of subsection (4B) above may, if the offender is aged 14 or over, also include a requirement (“a testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment period, the offender shall during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or the treatment provider, provide samples of such description as may be so determined. (4F) A testing requirement shall not be included in an action plan order by virtue of subsection (4E) above unless— (a) the offender is aged 14 or over and consents to its inclusion, and (b) the court has been notified by the Secretary of State that arrangements for implementing such requirements are in force in the area proposed to be specified in the order (4G) A testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided. (4H) An action plan order including a testing requirement shall provide for the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the responsible officer to be communicated to the responsible officer. 2 (1) Schedule 6 to the Sentencing Act (requirements which may be included in supervision orders) is amended as follows. (2) In paragraph 1, after “6” there is inserted “ ,6A ”. (3) After paragraph 6 there is inserted— Requirements as to drug treatment and testing 6A (1) This paragraph applies where a court proposing to make a supervision order is satisfied— (a) that the offender is dependent on, or has a propensity to misuse, drugs, and (b) that his dependency or propensity is such as requires and may be susceptible to treatment. (2) Where this paragraph applies, the court may include in the supervision order a requirement that the offender shall, for a period specified in the order (“the treatment period”), submit to treatment by or under the direction of a specified person having the necessary qualifications and experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs. (3) The required treatment shall be— (a) treatment as a resident in such institution or place as may be specified in the order, or (b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above. (4) A requirement shall not be included in a supervision order by virtue of sub-paragraph (2) above— (a) in any case, unless— (i) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident), and (ii) the requirement has been recommended to the court as suitable for the offender by an officer of a local probation board or by a member of a youth offending team; and (b) in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion. (5) Subject to sub-paragraph (6), a supervision order which includes a treatment requirement may also include a requirement (“a testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment period, the offender shall during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the supervisor or the treatment provider, provide samples of such description as may be so determined. (6) A testing requirement shall not be included in a supervision order by virtue of sub-paragraph (5) above unless— (a) the offender is aged 14 or over and consents to its inclusion, and (b) the court has been notified by the Secretary of State that arrangements for implementing such requirements are in force in the area proposed to be specified in the order. (7) A testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided. (8) A supervision order including a testing requirement shall provide for the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the supervisor to be communicated to the supervisor. 3 In Schedule 7 to the Sentencing Act (breach, revocation and amendment of supervision orders), in paragraph 2(1), before “or 7” there is inserted “ ,6A ”.