CriminalJustice
Act2003
CHAPTER 44
ExplanatoryNoteshavebeenproducedtoassistinthe
understandingofthisActandareavailableseparately
£31·80Criminal Justice Act 2003
CHAPTER 44
CONTENTS
PART 1
AMENDMENTS  OF POLICE  AND  CRIMINAL  EVIDENCE  ACT 1984
1Extension of powers to stop and search
2 Warrants to enter and search3 Arrestable offences4 Bail elsewhere than at police station5 Drug testing for under-eighteens6 Use of telephones for review of police detention7 Limits on period of detention without charge8 Property of detained persons9 Taking fingerprints without consent
10 Taking non-intimate samples without consent11 Codes of practice12 Amendments related to Part 1
P
ART 2
BAIL
13 Grant and conditions of bail
14 Offences committed on bail15 Absconding by persons released on bail16 Appeal to Crown Court17 Appeals to High Court18 Appeal by prosecution19 Drug users: restriction on bail20 Supplementary amendments to the Bail Act 197621Interpretation of Part 2Criminal Justice Act 2003 (c. 44) iv
PART 3
CONDITIONAL  CAUTIONS
22 Conditional cautions
23 The five requirements24 Failure to comply with conditions25 Code of practice26 Assistance of National Probation Service27 Interpretation of Part 3
P
ART 4
CHARGING  ETC
28 Charging or release of persons in police detention
29 New method of instituting proceedings30 Further provision about new method31Removal of requirement to substantiate information on oath
P
ART 5
DISCLOSURE
32 Initial duty of disclosure by prosecutor
33 Defence disclosure34 Notification of intention to call defence witnesses35 Notification of names of experts instructed by defendant36 Further provisions about defence disclosure37 Continuing duty of disclosure by prosecutor38 Application by defence for disclosure39 Faults in defence disclosure40 Code of practice for police interviews of witnesses notified by accused
P
ART 6
ALLOCATION  AND  SENDING  OF OFFENCES
41Allocation of offences triable either way, and sending cases to Crown Court
42 Mode of trial for certain firearms offences: transitory arran gements
PART 7
TRIALS  ON INDICTMENT  WITHOUT  A JURY
43 Applications by prosecution for certain fraud cases to be con ducted without
a jury
44 Application by prosecution for trial to be conducted without jury where
danger of jury tampering
45 Procedure for applications under sections 43 and 4446 Discharge of jury because of jury tampering47 Appeals48 Further provision about trials without a jury49 Rules of courtCriminal Justice Act 2003 (c. 44) v
50 Application of Part 7 to Northern Ireland
PART 8
LIVE LINKS
51Live links in criminal proceedings
52 Effect of, and rescission of, direction53 Magistrates’ courts permitted to sit at other locations54 Warning to jury55 Rules of court56 Interpretation of Part 8
P
ART 9
PROSECUTION  APPEALS
Introduction
57 Introduction
General right of appeal in respect of rulings
58 General right of appeal in respect of rulings
59 Expedited and non-expedited appeals60 Continuation of proceedings for offences not affected by ruli ng
61Determination of appeal by Court of Appeal
Right of appeal in respect of evidentiary rulings
62 Right of appeal in respect of evidentiary rulings
63 Condition that evidentiary ruling significantly weakens prose cution case
64 Expedited and non-expedited appeals65 Continuation of proceedings for offences not affected by ruli ng
66 Determination of appeal by Court of Appeal67 Reversal of rulings
Miscellaneous and supplemental
68 Appeals to the House of Lords
69 Costs70 Effect on time limits in relation to preliminary stages71Restrictions on reporting72 Offences in connection with reporting73 Rules of court74 Interpretation of Part 9
P
ART 10
RETRIAL  FOR SERIOUS  OFFENCES
Cases that may be retried
75 Cases that may be retriedCriminal Justice Act 2003 (c. 44) vi
Application for retrial
76 Application to Court of Appeal
77 Determination by Court of Appeal78 New and compelling evidence79 Interests of justice80 Procedure and evidence81Appeals82 Restrictions on publication in the interests of justice83 Offences in connection with publication restrictions
Retrial
84 Retrial
Investigations
85 Authorisation of investigations
86 Urgent investigative steps
Arrest, custody and bail
87 Arrest and charge
88 Bail and custody before application89 Bail and custody before hearing90 Bail and custody during and after hearing91Revocation of bail
Part 10: supplementary
92 Functions of the DPP
93 Rules of court94 Armed Forces: Part 1095 Interpretation of Part 1096 Application of Part 10 to Northern Ireland97 Application of Criminal Appeal Acts to proceedings under Part  10
P
ART 11
EVIDENCE
CHAPTER  1
EVIDENCE  OF BAD CHARACTER
Introductory
98 “Bad character”
99 Abolition of common law rules
Persons other than defendants
100 Non-defendant’s bad characterCriminal Justice Act 2003 (c. 44) vii
Defendants
101 Defendant’s bad character
102 “Important explanatory evidence”103 “Matter in issue between the defendant and the prosecution”104 “Matter in issue between the defendant and a co-defendant”105 “Evidence to correct a false impression”106 “Attack on another person’s character”107 Stopping the case where evidence contaminated108 Offences committed by defendant when a child
General
109 Assumption of truth in assessment of relevance or probative value
110 Court’s duty to give reasons for rulings111 Rules of court112 Interpretation of Chapter 1113 Armed forces
C
HAPTER  2
HEARSAY  EVIDENCE
Hearsay: main provisions
114 Admissibility of hearsay evidence
115 Statements and matters stated
Principal categories of admissibility
116 Cases where a witness is unavailable
117 Business and other documents118 Preservation of certain common law categories of admissibili ty
119 Inconsistent statements120 Other previous statements of witnesses
Supplementary
121 Additional requirement for admissibility of multiple hearsay
122 Documents produced as exhibits123 Capability to make statement124 Credibility125 Stopping the case where evidence is unconvincing126 Court’s general discretion to exclude evidence
Miscellaneous
127 Expert evidence: preparatory work
128 Confessions129 Representations other than by a person130 Depositions131 Evidence at retrialCriminal Justice Act 2003 (c. 44) viii
General
132 Rules of court
133 Proof of statements in documents134 Interpretation of Chapter 2135 Armed forces136 Repeals etc
C
HAPTER  3
MISCELLANEOUS  AND  SUPPLEMENTAL
137 Evidence by video recording
138 Video evidence: further provisions139 Use of documents to refresh memory140 Interpretation of Chapter 3141 Saving
P
ART 12
SENTENCING
CHAPTER  1
GENERAL  PROVISIONS  ABOUT  SENTENCING
Matters to be taken into account in sentencing
142 Purposes of sentencing
143 Determining the seriousness of an offence144 Reduction in sentences for guilty pleas145 Increase in sentences for racial or religious aggravation146 Increase in sentences for aggravation related to disability or sexual
orientation
General restrictions on community sentences
147 Meaning of “community sentence” etc.
148 Restrictions on imposing community sentences149 Passing of community sentence on offender remanded in custod y
150 Community sentence not available where sentence fixed by law  etc.
151 Community order for persistent offender previously fined
General restrictions on discretionary custodial sentences
152 General restrictions on imposing discretionary custodial sen tences
153 Length of discretionary custodial sentences: general provisi on
General limit on magistrates’ court’s power to impose imprisonm ent
154 General limit on magistrates’ court’s power to impose impris onment
155 Consecutive terms of imprisonmentCriminal Justice Act 2003 (c. 44) ix
Procedural requirements for imposing community sentences and di scretionary custodial 
sentences
156 Pre-sentence reports and other requirements
157 Additional requirements in case of mentally disordered offen der
158 Meaning of “pre-sentence report”
Disclosure of pre-sentence reports etc
159 Disclosure of pre-sentence reports
160 Other reports of local probation boards and members of youth  offending
teams
Pre-sentence drug testing
161 Pre-sentence drug testing
Fines
162 Powers to order statement as to offender’s financial circums tances
163 General power of Crown Court to fine offender convicted on i ndictment
164 Fixing of fines165 Remission of fines
Savings for power to mitigate etc
166 Savings for powers to mitigate sentences and deal appropriat ely with
mentally disordered offenders
Sentencing and allocation guidelines
167 The Sentencing Guidelines Council
168 Sentencing Guidelines Council: supplementary provisions169 The Sentencing Advisory Panel170 Guidelines relating to sentencing and allocation171 Functions of Sentencing Advisory Panel in relation to guidel ines
172 Duty of court to have regard to sentencing guidelines173 Annual report by Council
Duty of court to explain sentence
174 Duty to give reasons for, and explain effect of, sentence
Publication of information by Secretary of State
175 Duty to publish information about sentencing
Interpretation of Chapter
176 Interpretation of Chapter 1Criminal Justice Act 2003 (c. 44) x
CHAPTER  2
COMMUNITY  ORDERS : OFFENDERS  AGED  16 OR OVER
177 Community orders
178 Power to provide for court review of community orders179 Breach, revocation or amendment of community order180 Transfer of community orders to Scotland or Northern Ireland
C
HAPTER  3
PRISON  SENTENCES  OF LESS THAN  12 MONTHS
Prison sentences of less than twelve months
181 Prison sentences of less than 12 months
182 Licence conditions
Intermittent custody
183 Intermittent custody
184 Restrictions on power to make intermittent custody order185 Intermittent custody: licence conditions186 Further provisions relating to intermittent custody
Further provision about custody plus orders and intermittent cu stody orders
187 Revocation or amendment of order
188 Transfer of custody plus orders and intermittent custody ord ers to Scotland
or Northern Ireland
Suspended sentences
189 Suspended sentences of imprisonment
190 Imposition of requirements by suspended sentence order191 Power to provide for review of suspended sentence order192 Periodic reviews of suspended sentence order193 Breach, revocation or amendment of suspended sentence order,  and effect of
further conviction
194 Transfer of suspended sentence orders to Scotland or Norther n Ireland
Interpretation of Chapter
195 Interpretation of Chapter 3
C
HAPTER  4
FURTHER  PROVISIONS  ABOUT  ORDERS  UNDER  CHAPTERS  2 AND  3
Introductory
196 Meaning of “relevant order”
197 Meaning of “the responsible officer”198 Duties of responsible officerCriminal Justice Act 2003 (c. 44) xi
Requirements available in case of all offenders
199 Unpaid work requirement
200 Obligations of person subject to unpaid work requirement201Activity requirement202 Programme requirement203 Prohibited activity requirement204 Curfew requirement205 Exclusion requirement206 Residence requirement207 Mental health treatment requirement208 Mental health treatment at place other than that specified i n order
209 Drug rehabilitation requirement210 Drug rehabilitation requirement: provision for review by cou rt
211 Periodic review of drug rehabilitation requirement212 Alcohol treatment requirement213 Supervision requirement
Requirements available only in case of offenders aged under 25
214 Attendance centre requirement
Electronic monitoring
215 Electronic monitoring requirement
Provisions applying to relevant orders generally
216 Petty sessions area to be specified in relevant order
217 Requirement to avoid conflict with religious beliefs, etc218 Availability of arrangements in local area219 Provision of copies of relevant orders220 Duty of offender to keep in touch with responsible officer
Powers of Secretary of State
221Provision of attendance centres
222 Rules223 Power to amend limits
C
HAPTER  5
DANGEROUS  OFFENDERS
224 Meaning of “specified offence” etc.
225 Life sentence or imprisonment for public protection for seri ous offences
226 Detention for life or detention for public protection for se rious offences
committed by those under 18
227 Extended sentence for certain violent or sexual offences: pe rsons 18 or over
228 Extended sentence for certain violent or sexual offences: pe rsons under 18
229 The assessment of dangerousness230 Imprisonment or detention for public protection: release on licence
231Appeals where previous convictions set aside232 Certificates of convictions for purposes of section 229233 Offences under service lawCriminal Justice Act 2003 (c. 44) xii
234 Determination of day when offence committed
235 Detention under sections 226 and 228236 Conversion of sentences of detention into sentences of impri sonment
C
HAPTER  6
RELEASE  ON LICENCE
Preliminary
237 Meaning of “fixed-term prisoner”
Power of court to recommend licence conditions
238 Power of court to recommend licence conditions for certain p risoners
239 The Parole Board
Effect of remand in custody
240 Crediting of periods of remand in custody: terms of imprison ment and
detention
241Effect of direction under section 240 on release on licence242 Interpretation of sections 240 and 241243 Persons extradited to the United Kingdom
Release on licence
244 Duty to release prisoners
245 Restrictions on operation of section 244(1) in relation to i ntermittent custody
prisoners
246 Power to release prisoners on licence before required to do so
247 Release on licence of prisoner serving extended sentence und er section 227 or
228
248 Power to release prisoners on compassionate grounds249 Duration of licence250 Licence conditions251Licence conditions on re-release of prisoner serving sentenc e of less than 12
months
252 Duty to comply with licence conditions253 Curfew condition to be included in licence under section 246
Recall after release
254 Recall of prisoners while on licence
255 Recall of prisoners released early under section 246256 Further release after recall
Additional days
257 Additional days for disciplinary offences
Fine defaulters and contemnors
258 Early release of fine defaulters and contemnorsCriminal Justice Act 2003 (c. 44) xiii
Persons liable to removal from the United Kingdom
259 Persons liable to removal from the United Kingdom
260 Early removal of prisoners liable to removal from United Kin gdom
261Re-entry into United Kingdom of offender removed from prison  early
262 Prisoners liable to removal from United Kingdom: modificatio ns of Criminal
Justice Act 1991
Consecutive or concurrent terms
263 Concurrent terms
264 Consecutive terms
Restriction on consecutive sentences for released prisoners
265 Restriction on consecutive sentences for released prisoners
Drug testing requirements
266 Release on licence etc: drug testing requirements
Supplemental
267 Alteration by order of relevant proportion of sentence
268 Interpretation of Chapter 6
CHAPTER  7
EFFECT  OF LIFE SENTENCE
269 Determination of minimum term in relation to mandatory life sentence
270 Duty to give reasons271Appeals272 Review of minimum term on a reference by Attorney General273 Life prisoners transferred to England and Wales274 Further provisions about references relating to transferred life prisoners
275 Duty to release certain life prisoners276 Mandatory life sentences: transitional cases277 Interpretation of Chapter 7
C
HAPTER  8
OTHER  PROVISIONS  ABOUT  SENTENCING
Deferment of sentence
278 Deferment of sentence
Power to include drug treatment and testing requirement in cert ain orders in respect of young 
offenders
279 Drug treatment and testing requirement in action plan order or supervision
orderCriminal Justice Act 2003 (c. 44) xiv
Alteration of penalties for offences
280 Alteration of penalties for specified summary offences
281Alteration of penalties for other summary offences282 Increase in maximum term that may be imposed on summary conv iction of
offence triable either way
283 Enabling powers: power to alter maximum penalties284 Increase in penalties for drug-related offences285 Increase in penalties for certain driving-related offences286 Increase in penalties for offences under section 174 of Road  Traffic Act 1988
Firearms offences
287 Minimum sentence for certain firearms offences
288 Certain firearms offences to be triable only on indictment289 Power to sentence young offender to detention in respect of certain firearms
offences: England and Wales
290 Power to sentence young offender to detention in respect of certain firearms
offences: Scotland
291Power by order to exclude application of minimum sentence to  those under
18
292 Sentencing for firearms offences in Northern Ireland293 Increase in penalty for offences relating to importation or exportation of
certain firearms
Offenders transferred to mental hospital
294 Duration of directions under Mental Health Act 1983 in relat ion to offenders
295 Access to Parole Board for certain patients serving prison s entences
296 Duration of directions under Mental Health (Northern Ireland ) Order 1986 in
relation to offenders
297 Access to Sentence Review Commissioners and Life Sentence Re view
Commissioners for certain Northern Ireland patients
Term of detention and training order
298 Term of detention and training order
Disqualification from working with children
299 Disqualification from working with children
Fine defaulters
300 Power to impose unpaid work requirement or curfew requiremen t on fine
defaulter
301Fine defaulters: driving disqualification
C
HAPTER  9
SUPPLEMENTARY
302 Execution of process between England and Wales and Scotland
303 Sentencing: repeals304 Amendments relating to sentencingCriminal Justice Act 2003 (c. 44) xv
305 Interpretation of Part 12
PART 13
MISCELLANEOUS
Detention of suspected terrorists
306 Limit on period of detention without charge of suspected ter rorists
Enforcement of legislation on endangered species
307 Enforcement of regulations implementing Community legislatio n on
endangered species
Miscellaneous provisions about criminal proceedings
308 Non-appearance of defendant: plea of guilty
309 Preparatory hearings for serious offences not involving frau d
310 Preparatory hearings to deal with severance and joinder of c harges
311 Reporting restrictions for preparatory hearings312 Awards of costs313 Extension of investigations by Criminal Cases Review Commiss ion in
England and Wales
314 Extension of investigations by Criminal Cases Review Commiss ion in
Northern Ireland
315 Appeals following reference by Criminal Cases Review Commiss ion
316 Power to substitute conviction of alternative offence on app eal in England
and Wales
317 Power to substitute conviction of alternative offence on app eal in Northern
Ireland
318 Substitution of conviction on different charge on appeal fro m court-martial
319 Appeals against sentences in England and Wales
Outraging public decency
320 Offence of outraging public decency triable either way
Jury service
321Jury service
Individual support orders
322 Individual support orders
323 Individual support orders: consequential amendments
Parenting orders and referral orders
324 Parenting orders and referral orders
Assessing etc. risks posed by sexual or violent offenders
325 Arrangements for assessing etc risks posed by certain offend ersCriminal Justice Act 2003 (c. 44) xvi
326 Review of arrangements
327 Section 325: interpretation
Criminal record certificates
328 Criminal record certificates: amendments of Part 5 of Police  Act 1997
Civil proceedings brought by offenders
329 Civil proceedings for trespass to the person brought by offe nder
PART 14
GENERAL
330 Orders and rules
331Further minor and consequential amendments332 Repeals333 Supplementary and consequential provision, etc.334 Provision for Northern Ireland335 Expenses336 Commencement337 Extent338 Channel Islands and Isle of Man339 Short title
Schedule 1— Amendments related to Part 1Schedule 2 — Charging or release of persons in police detentionSchedule 3 — Allocation of cases triable either way, and sending cases to the
Crown Court etc
Part 1— Principal amendmentsPart 2 — minor and consequential amendments
Schedule 4 — Qualifying offences for purposes of section 62
Part 1— List of offencesPart 2 — Supplementary
Schedule 5 — Qualifying offences for purposes of Part 10
Part 1— List of offences for England and WalesPart 2 — List of offences for Northern IrelandPart 3 — Supplementary
Schedule 6 — Evidence of bad character: armed forcesSchedule 7 — Hearsay evidence: armed forcesSchedule 8 — Breach, revocation or amendment of community order
Part 1— PreliminaryPart 2 — Breach of requirement of orderPart 3 — Revocation of orderPart 4 — Amendment of orderPart 5 — Powers of court in relation to order following subsequen t
conviction
Part 6 — Supplementary
Schedule 9 — Transfer of community orders to Scotland or Northern  Ireland
Part 1— ScotlandCriminal Justice Act 2003 (c. 44) xvii
Part 2 — Northern Ireland
Part 3 — General provisions
Schedule 10 — Revocation or amendment of custody plus orders and
amendment of intermittent custody orders
Schedule 11 — Transfer of custody plus orders and intermittent cu stody
orders to Scotland or Northern Ireland
Part 1— IntroductoryPart 2 — ScotlandPart 3 — Northern IrelandPart 4 — General provisionsPart 5 — Supplementary
Schedule 12 — Breach or amendment of suspended sentence order, an d effect
of further conviction
Part 1— PreliminaryPart 2 — Breach of community requirement or conviction of further
offence
Part 3 — Amendment of suspended sentence order
Schedule 13 — Transfer of suspended sentence orders to Scotland o r
Northern Ireland
Part 1— ScotlandPart 2 — Northern IrelandPart 3 — General provisions: breach or amendmentPart 4 — Supplementary
Schedule 14 — Persons to whom copies of requirements to be provid ed in
particular cases
Schedule 15 — Specified offences for purposes of Chapter 5 of Par t 12
Part 1— Specified violent offencesPart 2 — Specified sexual offences
Schedule 16 — Scottish offences specified for the purposes of sec tion 229(4)
Schedule 17 — Northern Ireland offences specified for the purpose s of section
229(4)
Part 1— Violent offencesPart 2 — Sexual offences
Schedule 18 — Release of prisoners serving sentences of imprisonm ent or
detention for public protection
Schedule 19 — The Parole Board: supplementary provisionsSchedule 20 — Prisoners liable to removal from United Kingdom:
modifications of Criminal Justice Act 1991
Schedule 21— Determination of minimum term in relation to mandat ory life
sentence
Schedule 22 — Mandatory life sentences: transitional casesSchedule 23 — Deferment of sentenceSchedule 24 — Drug treatment and testing requirement in action pl an order
or supervision order
Schedule 25 — Summary offences no longer punishable with imprison ment
Schedule 26 — Increase in maximum term for certain summary offenc es
Schedule 27 — Enabling powers: alteration of maximum penalties et c.
Schedule 28 — Increase in penalties for drug-related offencesSchedule 29 — Sentencing for firearms offences in Northern Irelan d
Schedule 30 — Disqualification from working with childrenSchedule 31— Default orders: modification of provisions relating  t o
community orders
Schedule 32 — Amendments relating to sentencing
Part 1— GeneralCriminal Justice Act 2003 (c. 44) xviii
Part 2 — Offences: abolition of imprisonment and conversion to
summary offence
Schedule 33 — Jury serviceSchedule 34 — Parenting orders and referral ordersSchedule 35 — Criminal record certificates: amendments of Part 5 of Police
Act 1997
Schedule 36 — Further minor and consequential amendments
Part 1— BailPart 2 — Charging etcPart 3 — DisclosurePart 4 — Trials on indictment without a juryPart 5 — EvidencePart 6 — Miscellaneous
Schedule 37 — Repeals
Part 1— Repeals relating to amendments of Police and Criminal
Evidence Act 1984
Part 2 — BailPart 3 — DisclosurePart 4 — Allocation and sending of offencesPart 5 — Evidence of bad characterPart 6 — Hearsay evidencePart 7 — Sentencing: generalPart 8 — Life sentencesPart 9 — Alteration of penalties for summary offences
Part 10 — Jury servicePart 11 — Repeals relating to amendments of Part 5 of Police Act 1997
Part 12 — Miscellaneous
Schedule 38 — Transitory, transitional and saving provisionsELIZABETH II c. 44
Criminal Justice Act 2003
2003 CHAPTER 44
An Act to make provision about criminal justice (including the powers and
duties of the police) and about dealing with offenders; to amen d the law
relating to jury service; to amend Chapter 1 of Part 1 of the C rime and
Disorder Act 1998 and Part 5 of the Police Act 1997; to make pr ovision about
civil proceedings brought by offenders;  and for connected purposes.
[20th November 2003]
E IT ENACTED  by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in th is present
Parliament assembled, and by the authority of the same, as foll ows:— 
PART 1
AMENDMENTS  OF POLICE  AND  CRIMINAL  EVIDENCE  ACT 1984
1 Extension of powers to stop and search
(1) In this Part, “the 1984 Act” means the Police and Criminal E vidence Act 1984
(c. 60).
(2) In section 1(8) of the 1984 Act (offences for purpose of def inition of prohibited
article), at the end of paragraph (d) there is inserted “; and
(e) offences under section 1 of the Criminal Damage Act 1971
(destroying or damaging property).”
2 Warrants to enter and search
In section 16 of the 1984 Act (execution of warrants), after su bsection (2) there
is inserted—
“(2A) A person so authorised has the same powers as the constabl e whom he
accompanies in respect of—
(a) the execution of the warrant, andBCriminal Justice Act 2003 (c. 44)
Part 1 — Amendments of Police and Criminal Evidence Act 19842
(b) the seizure of anything to which the warrant relates.
(2B) But he may exercise those powers only in the company, and u nder the
supervision, of a constable.”
3 Arrestable offences
(1) Schedule 1A to the 1984 Act (specific offences which are arr estable offences) is
amended as follows.
(2) After paragraph 2 there is inserted—
“Criminal Justice Act 1925
2ZA An offence under section 36 of the Criminal Justice Act 1925  (untrue
statement for procuring a passport).”
(3) After paragraph 6 there is inserted—
“Misuse of Drugs Act 1971
6A An offence under section 5(2) of the Misuse of Drugs Act 1971
(having possession of a controlled drug) in respect of cannabis  o r
cannabis resin (within the meaning of that Act).”
(4) After paragraph 17 there is inserted—
“17A An offence under section 174 of the Road Traffic Act 1988 ( false
statements and withholding material information).”
4 Bail elsewhere than at police station
(1) Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended
as follows.
(2) For subsection (1) there is substituted—
“(1) Subsection (1A) applies where a person is, at any place oth er than a
police station—
(a) arrested by a constable for an offence, or
(b) taken into custody by a constable after being arrested for a n
offence by a person other than a constable.
(1A) The person must be taken by a constable to a police station  as soon as
practicable after the arrest.
(1B) Subsection (1A) has effect subject to section 30A (release on bail) and
subsection (7) (release without bail).”
(3) In subsection (2) for “subsection (1)” there is substituted “subsection (1A)”.
(4) For subsection (7) there is substituted—
“(7) A person arrested by a constable at any place other than a police station
must be released without bail if the condition in subsection (7 A) is
satisfied.Criminal Justice Act 2003 (c. 44)
Part 1 — Amendments of Police and Criminal Evidence Act 19843
(7A) The condition is that, at any time before the person arrest ed reaches a
police station, a constable is satisfied that there are no grou nds for
keeping him under arrest or releasing him on bail under section  30A.”
(5) For subsections (10) and (11) there is substituted—
“(10) Nothing in subsection (1A) or in section 30A prevents a co nstable
delaying taking a person to a police station or releasing him o n bail if
the condition in subsection (10A) is satisfied.
(10A) The condition is that the presence of the person at a plac e (other than a
police station) is necessary in order to carry out such investi gations as
it is reasonable to carry out immediately.
(11) Where there is any such delay the reasons for the delay mus t be
recorded when the person first arrives at the police station or  (as the
case may be) is released on bail.”
(6) In subsection (12) for “subsection (1)” there is substituted  “subsection (1A) or
section 30A”.
(7) After section 30 there is inserted—
“30A Bail elsewhere than at police station
(1) A constable may release on bail a person who is arrested or taken into
custody in the circumstances mentioned in section 30(1).
(2) A person may be released on bail under subsection (1) at any  t i m e
before he arrives at a police station.
(3) A person released on bail under subsection (1) must be requi red to
attend a police station.
(4) No other requirement may be imposed on the person as a condi tion of
bail.
(5) The police station which the person is required to attend ma y be any
police station.
30B Bail under section 30A: notices
(1) Where a constable grants bail to a person under section 30A,  he must
give that person a notice in writing before he is released.
(2) The notice must state—
(a) the offence for which he was arrested, and
(b) the ground on which he was arrested.
(3) The notice must inform him that he is required to attend a p olice
station.
(4) It may also specify the police station which he is required to attend and
the time when he is required to attend.
(5) If the notice does not include the information mentioned in subsection
(4), the person must subsequently be given a further notice in writing
which contains that information.Criminal Justice Act 2003 (c. 44)
Part 1 — Amendments of Police and Criminal Evidence Act 19844
(6) The person may be required to attend a different police stat ion from
that specified in the notice under subsection (1) or (5) or to attend at a
different time.
(7) He must be given notice in writing of any such change as is mentioned
in subsection (6) but more than one such notice may be given to  him.
30C Bail under section 30A: supplemental
(1) A person who has been required to attend a police station is  not
required to do so if he is given notice in writing that his att endance is
no longer required.
(2) If a person is required to attend a police station which is not a
designated police station he must be—
(a) released, or
(b) taken to a designated police station,
not more than six hours after his arrival.
(3) Nothing in the Bail Act 1976 applies in relation to bail und er section
30A.
(4) Nothing in section 30A or 30B or in this section prevents th e re-arrest
without a warrant of a person released on bail under section 30 A if new
evidence justifying a further arrest has come to light since hi s release.
30D Failure to answer to bail under section 30A
(1) A constable may arrest without a warrant a person who—
(a) has been released on bail under section 30A subject to a
requirement to attend a specified police station, but
(b) fails to attend the police station at the specified time.
(2) A person arrested under subsection (1) must be taken to a po lice station
(which may be the specified police station or any other police station)
as soon as practicable after the arrest.
(3) In subsection (1), “specified” means specified in a notice u nder
subsection (1) or (5) of section 30B or, if notice of change ha s been given
under subsection (7) of that section, in that notice.
(4) For the purposes of—
(a) section 30 (subject to the obligation in subsection (2)), an d
(b) section 31,
an arrest under this section is to be treated as an arrest for an offence.”
5 Drug testing for under-eighteens
(1) The 1984 Act is amended as follows.
(2) In section 38 (duties of custody officer after charge)—
(a) in subsection (1)—
(i) for sub-paragraph (iiia) of paragraph (a) there is substitut ed—
“(iiia) except in a case where (by virtue of
subsection (9) of section 63B below) thatCriminal Justice Act 2003 (c. 44)
Part 1 — Amendments of Police and Criminal Evidence Act 19845
section does not apply, the custody
officer has reasonable grounds forbelieving that the detention of the personis necessary to enable a sample to betaken from him under that section;”,
(ii) in sub-paragraph (i) of paragraph (b), after “satisfied” th ere is
inserted “(but, in the case of paragraph (a)(iiia) above, only if
the arrested juvenile has attained the minimum age)”,
(b) in subsection (6A), after the definition of “local authority
accommodation” there is inserted—
““minimum age” means the age specified in section 63B(3)
below;”.
(3) In section 63B (testing for presence of Class A drugs)—
(a) in subsection (3), for “18” there is substituted “14”,
(b) after subsection (5) there is inserted—
“(5A) In the case of a person who has not attained the age of 17 —
(a) the making of the request under subsection (4) above;
(b) the giving of the warning and (where applicable) the
information under subsection (5) above; and
(c) the taking of the sample,
may not take place except in the presence of an appropriate
adult.”,
(c) after subsection (6) there is inserted—
“(6A) The Secretary of State may by order made by statutory
instrument amend subsection (3) above by substituting for theage for the time being specified a different age specified in t he
order.
(6B) A statutory instrument containing an order under subsection
(6A) above shall not be made unless a draft of the instrumenthas been laid before, and approved by a resolution of, eachHouse of Parliament.”,
(d) after subsection (8) there is inserted—
“(9) In relation to a person who has not attained the age of 18,  this
section applies only where—
(a) the relevant chief officer has been notified by the
Secretary of State that arrangements for the taking ofsamples under this section from persons who have notattained the age of 18 have been made for the police areaas a whole, or for the particular police station, in whichthe person is in police detention; and
(b) the notice has not been withdrawn.
(10) In this section—
“appropriate adult”, in relation to a person who has not
attained the age of 17, means—
(a) his parent or guardian or, if he is in the care of a
local authority or voluntary organisation, aperson representing that authority ororganisation; orCriminal Justice Act 2003 (c. 44)
Part 1 — Amendments of Police and Criminal Evidence Act 19846
(b) a social worker of a local authority social services
department; or
(c) if no person falling within paragraph (a) or (b) is
available, any responsible person aged 18 orover who is not a police officer or a personemployed by the police;
“relevant chief officer” means—
(a) in relation to a police area, the chief officer of
police of the police force for that police area; or 
(b) in relation to a police station, the chief officer of
police of the police force for the police area inwhich the police station is situated.”
6 Use of telephones for review of police detention
For section 40A(1) and (2) of the 1984 Act (use of telephone fo r review under
s.40) there is substituted—
“(1) A review under section 40(1)(b) may be carried out by means  o f  a
discussion, conducted by telephone, with one or more persons at  the
police station where the arrested person is held.
(2) But subsection (1) does not apply if—
(a) the review is of a kind authorised by regulations under sect ion
45A to be carried out using video-conferencing facilities; and
(b) it is reasonably practicable to carry it out in accordance w ith
those regulations.”
7 Limits on period of detention without charge
In section 42(1) of the 1984 Act (conditions to be satisfied be fore detention
without charge may be extended from 24 to 36 hours), for paragr aph (b) there
is substituted—
“(b) an offence for which he is under arrest is an arrestable of fence;
and”.
8 Property of detained persons
(1) In subsection (1) of section 54 of the 1984 Act (which requi res the custody
officer at a police station to ascertain and record everything which a detained
person has with him), there is omitted “and record or cause to be recorded”.
(2) For subsection (2) of that section (record of arrested perso n to be made as part
of custody record) there is substituted—
“(2) The custody officer may record or cause to be recorded all or any of the
things which he ascertains under subsection (1).
(2A) In the case of an arrested person, any such record may be m ade as part
of his custody record.”
9 Taking fingerprints without consent
(1) Section 61 of the 1984 Act (fingerprinting) is amended as fo llows.Criminal Justice Act 2003 (c. 44)
Part 1 — Amendments of Police and Criminal Evidence Act 19847
(2) For subsections (3) and (4) (taking of fingerprints without appropriate consent)
there is substituted— 
“(3) The fingerprints of a person detained at a police station m ay be taken
without the appropriate consent if—
(a) he is detained in consequence of his arrest for a recordable
offence; and
(b) he has not had his fingerprints taken in the course of the
investigation of the offence by the police.
(4) The fingerprints of a person detained at a police station ma y be taken
without the appropriate consent if—
(a) he has been charged with a recordable offence or informed th at
he will be reported for such an offence; and
(b) he has not had his fingerprints taken in the course of the
investigation of the offence by the police.”
(3) In subsection (3A) (disregard of incomplete or unsatisfactor y fingerprints) for
the words from the beginning to “subsection (3) above” there is  substituted
“Where a person mentioned in paragraph (a) of subsection (3) or  ( 4 )  h a s
already had his fingerprints taken in the course of the investi gation of the
offence by the police”. 
(4) In subsection (5) (authorisation to be given or confirmed in  writing) for
“subsection (3)(a) or (4A)” there is substituted “subsection (4 A)”.
(5) In subsection (7) (reasons for taking of fingerprints withou t consent) for
“subsection (3) or (6)” there is substituted “subsection (3), ( 4) or (6)”.
10 Taking non-intimate samples without consent
(1) Section 63 of the 1984 Act (other samples) is amended as fol lows.
(2) After subsection (2) (consent to be given in writing) there is inserted—
“(2A) A non-intimate sample may be taken from a person without t he
appropriate consent if two conditions are satisfied.
(2B) The first is that the person is in police detention in cons equence of his
arrest for a recordable offence.
(2C) The second is that—
(a) he has not had a non-intimate sample of the same type and fr om
the same part of the body taken in the course of theinvestigation of the offence by the police, or
(b) he has had such a sample taken but it proved insufficient.”
(3) In subsection (3)(a) (taking of samples without appropriate consent) the words
“is in police detention or” are omitted.
(4) In subsection (3A) (taking of samples without appropriate co nsent after
charge) for “(whether or not he falls within subsection (3)(a) above)” there is
substituted “(whether or not he is in police detention or held in custody by the
police on the authority of a court)”.
(5) In subsection (8A) (reasons for taking of samples without co nsent) for
“subsection (3A)” there is substituted “subsection (2A), (3A)”.Criminal Justice Act 2003 (c. 44)
Part 1 — Amendments of Police and Criminal Evidence Act 19848
11 Codes of practice
(1) In section 67 of the 1984 Act (supplementary provisions abou t codes), for
subsections (1) to (7C) there is substituted—
“(1) In this section, “code” means a code of practice under sect ion 60, 60A or
66.
(2) The Secretary of State may at any time revise the whole or a ny part of a
code.
(3) A code may be made, or revised, so as to—
(a) apply only in relation to one or more specified areas,
(b) have effect only for a specified period, 
(c) apply only in relation to specified offences or descriptions  of
offender.
(4) Before issuing a code, or any revision of a code, the Secret ary of State
must consult—
(a) persons whom he considers to represent the interests of poli ce
authorities,
(b) persons whom he considers to represent the interests of chie f
officers of police, 
(c) the General Council of the Bar,
(d) the Law Society of England and Wales,
(e) the Institute of Legal Executives, and
(f) such other persons as he thinks fit.
(5) A code, or a revision of a code, does not come into operatio n until the
Secretary of State by order so provides.
(6) The power conferred by subsection (5) is exercisable by stat utory
instrument.
(7) An order bringing a code into operation may not be made unle ss a draft
of the order has been laid before Parliament and approved by aresolution of each House.
(7A) An order bringing a revision of a code into operation must be laid
before Parliament if the order has been made without a draft ha ving
been so laid and approved by a resolution of each House.
(7B) When an order or draft of an order is laid, the code or rev ision of a code
to which it relates must also be laid.
(7C) No order or draft of an order may be laid until the consult ation
required by subsection (4) has taken place.
(7D) An order bringing a code, or a revision of a code, into ope ration may
include transitional or saving provisions.”
(2) Section 113 of the 1984 Act (application of Act to armed for ces) is amended as
follows.
(3) After subsection (3) there is inserted—
“(3A) In subsections (4) to (10), “code” means a code of practic e under
subsection (3).”Criminal Justice Act 2003 (c. 44)
Part 1 — Amendments of Police and Criminal Evidence Act 19849
(4) For subsections (5) to (7) there is substituted—
“(5) The Secretary of State may at any time revise the whole or any part of a
code.
(6) A code may be made, or revised, so as to—
(a) apply only in relation to one or more specified areas,
(b) have effect only for a specified period, 
(c) apply only in relation to specified offences or descriptions  of
offender.
(7) The Secretary of State must lay a code, or any revision of a  code, before
Parliament.”
12 Amendments related to Part 1
Schedule 1 (which makes amendments related to the provisions of  this Part)
has effect.
PART 2
BAIL
13 Grant and conditions of bail
(1) In section 3(6) of the 1976 Act (which sets out cases where bail conditions may
be imposed)—
(a) the words “to secure that” are omitted,
(b) the words “to secure that” are inserted at the beginning of each of
paragraphs (a) to (e),
(c) after paragraph (c) there is inserted—
“(ca) for his own protection or, if he is a child or young
person, for his own welfare or in his own interests,”,
(d) for “or (c)” there is substituted “, (c) or (ca)”.
(2) In section 3A(5) of the 1976 Act (no conditions may be impos ed under section
3(4), (5), (6) or (7) unless necessary for certain purposes)—
(a) the words “for the purpose of preventing that person from” a re
omitted,
(b) the words “for the purpose of preventing that person from” a re inserted
at the beginning of each of paragraphs (a) to (c),
(c) after paragraph (c) there is inserted “or
(d) for that person’s own protection or, if he is a child or
young person, for his own welfare or in his owninterests.”
(3) In paragraph 8(1) of Part 1 of Schedule 1 to the 1976 Act (n o conditions may be
imposed under section 3(4) to (7) unless necessary to do so for  certain
purposes) for the words from “that it is necessary to do so” on wards there is
substituted “that it is necessary to do so—
(a) for the purpose of preventing the occurrence of any of the
events mentioned in paragraph 2(1) of this Part of this Schedul e,
orCriminal Justice Act 2003 (c. 44)
Part 2 — Bail10
(b) for the defendant’s own protection or, if he is a child or y oung
person, for his own welfare or in his own interests.”
(4) For paragraph 5 of Part 2 of that Schedule (defendant need n ot be granted bail
if having been released on bail he has been arrested in pursuan ce of section 7)
there is substituted—
“5 The defendant need not be granted bail if—
(a) having been released on bail in or in connection with the
proceedings for the offence, he has been arrested inpursuance of section 7 of this Act; and
(b) the court is satisfied that there are substantial grounds fo r
believing that the defendant, if released on bail (whethersubject to conditions or not) would fail to surrender tocustody, commit an offence on bail or interfere withwitnesses or otherwise obstruct the course of justice (whetherin relation to himself or any other person).”
14 Offences committed on bail
(1) For paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (de fendant need not
be granted bail where he was on bail on date of offence) there is substituted—
“2A (1) If the defendant falls within this paragraph he may not be granted
bail unless the court is satisfied that there is no significant  risk of his
committing an offence while on bail (whether subject to conditi ons
or not).
(2) The defendant falls within this paragraph if—
(a) he is aged 18 or over, and
(b) it appears to the court that he was on bail in criminal
proceedings on the date of the offence.”
(2) After paragraph 9 of that Part there is inserted—
“9AA(1) This paragraph applies if—
(a) the defendant is under the age of 18, and
(b) it appears to the court that he was on bail in criminal
proceedings on the date of the offence.
(2) In deciding for the purposes of paragraph 2(1) of this Part of this
Schedule whether it is satisfied that there are substantial gro unds for
believing that the defendant, if released on bail (whether subj ect to
conditions or not), would commit an offence while on bail, the court
shall give particular weight to the fact that the defendant was  on bail
in criminal proceedings on the date of the offence.”
15 Absconding by persons released on bail
(1) For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (def endant need not be
granted bail if having been released on bail he has been arrest ed in pursuance
of section 7) there is substituted—
“6 (1) If the defendant falls within this paragraph, he may not be granted
bail unless the court is satisfied that there is no significant  risk that,
if released on bail (whether subject to conditions or not), he would
fail to surrender to custody.Criminal Justice Act 2003 (c. 44)
Part 2 — Bail11
(2) Subject to sub-paragraph (3) below, the defendant falls with in this
paragraph if—
(a) he is aged 18 or over, and
(b) it appears to the court that, having been released on bail i n
or in connection with the proceedings for the offence, hefailed to surrender to custody.
(3) Where it appears to the court that the defendant had reasona ble
cause for his failure to surrender to custody, he does not fall  within
this paragraph unless it also appears to the court that he fail ed to
surrender to custody at the appointed place as soon as reasonab ly
practicable after the appointed time.
(4) For the purposes of sub-paragraph (3) above, a failure to gi ve to the
defendant a copy of the record of the decision to grant him bai l shall
not constitute a reasonable cause for his failure to surrender to
custody.”
(2) After paragraph 9AA of that Part (inserted by section 14(2))  there is inserted—
“9AB (1) Subject to sub-paragraph (2) below, this paragraph app lies if—
(a) the defendant is under the age of 18, and
(b) it appears to the court that, having been released on bail i n or
in connection with the proceedings for the offence, he failedto surrender to custody.
(2) Where it appears to the court that the defendant had reasona ble
cause for his failure to surrender to custody, this paragraph d oes not
apply unless it also appears to the court that he failed to sur render to
custody at the appointed place as soon as reasonably practicabl e
after the appointed time.
(3) In deciding for the purposes of paragraph 2(1) of this Part of this
Schedule whether it is satisfied that there are substantial gro unds for
believing that the defendant, if released on bail (whether subj ect to
conditions or not), would fail to surrender to custody, the cou rt shall
give particular weight to—
(a) where the defendant did not have reasonable cause for his
failure to surrender to custody, the fact that he failed tosurrender to custody, or
(b) where he did have reasonable cause for his failure to
surrender to custody, the fact that he failed to surrender tocustody at the appointed place as soon as reasonablypracticable after the appointed time.
(4) For the purposes of this paragraph, a failure to give to the  defendant
a copy of the record of the decision to grant him bail shall no t
constitute a reasonable cause for his failure to surrender to c ustody.”
(3) In section 6 of the 1976 Act (offence of absconding by perso n released on bail)
after subsection (9) there is inserted—
“(10) Section 127 of the Magistrates’ Courts Act 1980 shall not apply in
relation to an offence under subsection (1) or (2) above.
(11) Where a person has been released on bail in criminal procee dings and
that bail was granted by a constable, a magistrates’ court shal l not try
that person for an offence under subsection (1) or (2) above in  relationCriminal Justice Act 2003 (c. 44)
Part 2 — Bail12
to that bail (the “relevant offence”) unless either or both of subsections
(12) and (13) below applies.
(12) This subsection applies if an information is laid for the r elevant offence
within 6 months from the time of the commission of the relevantoffence.
(13) This subsection applies if an information is laid for the r elevant offence
no later than 3 months from the time of the occurrence of the f irst of the
events mentioned in subsection (14) below to occur after thecommission of the relevant offence.
(14) Those events are—
(a) the person surrenders to custody at the appointed place;
(b) the person is arrested, or attends at a police station, in
connection with the relevant offence or the offence for which h e
was granted bail;
(c) the person appears or is brought before a court in connectio n
with the relevant offence or the offence for which he wasgranted bail.”
16 Appeal to Crown Court 
(1) This section applies where a magistrates’ court grants bail to a person (“the
person concerned”) on adjourning a case under—
(a) section 10 of the Magistrates’ Courts Act 1980 (c. 43) (adjou rnment of
trial),
(b) section 17C of that Act (intention as to plea: adjournment),
(c) section 18 of that Act (initial procedure on information aga inst adult for
offence triable either way),
(d) section 24C of that Act (intention as to plea by child or yo ung person:
adjournment),
(e) section 52(5) of the Crime and Disorder Act 1998 (c. 37) (adj ournment
of proceedings under section 51 etc), or
(f) section 11 of the Powers of Criminal Courts (Sentencing) Act  2000 (c. 6)
(remand for medical examination).
(2) Subject to the following provisions of this section, the per son concerned may
appeal to the Crown Court against any condition of bail falling  within
subsection (3).
(3) A condition of bail falls within this subsection if it is a requirement—
(a) that the person concerned resides away from a particular pla ce or area, 
(b) that the person concerned resides at a particular place othe r than a bail
hostel,
(c) for the provision of a surety or sureties or the giving of a  security,
(d) that the person concerned remains indoors between certain ho urs,
(e) imposed under section 3(6ZAA) of the 1976 Act (requirements with
respect to electronic monitoring), or
(f) that the person concerned makes no contact with another pers on.
(4) An appeal under this section may not be brought unless subse ction (5) or (6)
applies.Criminal Justice Act 2003 (c. 44)
Part 2 — Bail13
(5) This subsection applies if an application to the magistrates ’ court under section
3(8)(a) of the 1976 Act (application by or on behalf of person granted bail) was
made and determined before the appeal was brought.
(6) This subsection applies if an application to the magistrates ’ court—
(a) under section 3(8)(b) of the 1976 Act (application by consta ble or
prosecutor), or
(b) under section 5B(1) of that Act (application by prosecutor),
was made and determined before the appeal was brought.
(7) On an appeal under this section the Crown Court may vary the  conditions of
bail.
(8) Where the Crown Court determines an appeal under this sectio n, the person
concerned may not bring any further appeal under this section i n respect of the
conditions of bail unless an application or a further applicati on to the
magistrates’ court under section 3(8)(a) of the 1976 Act is mad e and
determined after the appeal.
17 Appeals to High Court
(1) In section 22(1) of the Criminal Justice Act 1967 (c. 80) (ex tension of power of
High Court to grant, or vary conditions of, bail)—
(a) after “Where” there is inserted “(a)”, and
(b) after “proceedings,”, in the second place where it occurs, t here is
inserted “and 
(b) it does so where an application to the court to state a case
for the opinion of the High Court is made,”.
(2) The inherent power of the High Court to entertain an applica tion in relation to
bail where a magistrates’ court—
(a) has granted or withheld bail, or
(b) has varied the conditions of bail,
is abolished.
(3) The inherent power of the High Court to entertain an applica tion in relation to
bail where the Crown Court has determined—
(a) an application under section 3(8) of the 1976 Act, or
(b) an application under section 81(1)(a), (b), (c) or (g) of th e Supreme
Court Act 1981 (c. 54),
is abolished.
(4) The High Court is to have no power to entertain an applicati on in relation to
bail where the Crown Court has determined an appeal under secti on 16 of this
Act.
(5) The High Court is to have no power to entertain an applicati on in relation to
bail where the Crown Court has granted or withheld bail under s ection 88 or
89 of this Act.
(6) Nothing in this section affects—
(a) any other power of the High Court to grant or withhold bail or to vary
the conditions of bail, or
(b) any right of a person to apply for a writ of habeas corpus o r any other
prerogative remedy.Criminal Justice Act 2003 (c. 44)
Part 2 — Bail14
(7) Any reference in this section to an application in relation to bail is to be read as
including—
(a) an application for bail to be granted,
(b) an application for bail to be withheld,
(c) an application for the conditions of bail to be varied.
(8) Any reference in this section to the withholding of bail is t o  b e  r e a d  a s
including a reference to the revocation of bail.
18 Appeal by prosecution
(1) Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecuti on right of appeal)
is amended as follows.
(2) For subsection (1) (prosecution may appeal to Crown Court ju dge against bail
in case of offence punishable by imprisonment for five years or  more etc) there
is substituted—
“(1) Where a magistrates’ court grants bail to a person who is c harged with,
or convicted of, an offence punishable by imprisonment, theprosecution may appeal to a judge of the Crown Court against th e
granting of bail.”
(3) In subsection (10)(a) for “punishable by a term of imprisonm ent” there is
substituted “punishable by imprisonment”.
19 Drug users: restriction on bail
(1) The 1976 Act is amended as follows.
(2) In section 3 (general provisions), after subsection (6B) the re is inserted—
“(6C) Subsection (6D) below applies where—
(a) the court has been notified by the Secretary of State that
arrangements for conducting a relevant assessment or, as thecase may be, providing relevant follow-up have been made forthe petty sessions area in which it appears to the court that t he
person referred to in subsection (6D) would reside if grantedbail; and
(b) the notice has not been withdrawn.
(6D) In the case of a person (“P”)—
(a) in relation to whom paragraphs (a) to (c) of paragraph 6B(1)  of
Part 1 of Schedule 1 to this Act apply;
(b) who, after analysis of the sample referred to in paragraph ( b) of
that paragraph, has been offered a relevant assessment or, if arelevant assessment has been carried out, has had relevantfollow-up proposed to him; and
(c) who has agreed to undergo the relevant assessment or, as the
case may be, to participate in the relevant follow-up,
the court, if it grants bail, shall impose as a condition of ba il that P both
undergo the relevant assessment and participate in any relevantfollow-up proposed to him or, if a relevant assessment has been  carried
out, that P participate in the relevant follow-up.
(6E) In subsections (6C) and (6D) above—Criminal Justice Act 2003 (c. 44)
Part 2 — Bail15
(a) “relevant assessment” means an assessment conducted by a
suitably qualified person of whether P is dependent upon or hasa propensity to misuse any specified Class A drugs;
(b) “relevant follow-up” means, in a case where the person who
conducted the relevant assessment believes P to have such adependency or propensity, such further assessment, and suchassistance or treatment (or both) in connection with thedependency or propensity, as the person who conducted therelevant assessment (or conducts any later assessment)considers to be appropriate in P’s case, 
and in paragraph (a) above “Class A drug” and “misuse” have the  same
meaning as in the Misuse of Drugs Act 1971, and “specified” (in  relation
to a Class A drug) has the same meaning as in Part 3 of the Cri minal
Justice and Court Services Act 2000.
(6F) In subsection (6E)(a) above, “suitably qualified person” me ans a person
who has such qualifications or experience as are from time to t ime
specified by the Secretary of State for the purposes of this su bsection.”
(3) In section 3A(3) (conditions of bail in case of police bail) , for “, (6A) and (6B)”
there is substituted “and (6A) to (6F)”.
(4) In Schedule 1 (which contains supplementary provisions about  bail), in Part 1
(imprisonable offences)—
(a) after paragraph 6 there is inserted—
“Exception applicable to drug users in certain areas
6A Subject to paragraph 6C below, a defendant who falls within
paragraph 6B below may not be granted bail unless the courtis satisfied that there is no significant risk of his committin g
an offence while on bail (whether subject to conditions ornot).
6B (1) A defendant falls within this paragraph if—
(a) he is aged 18 or over;
(b) a sample taken—
(i) under section 63B of the Police and Criminal
Evidence Act 1984 (testing for presence ofClass A drugs) in connection with the offence;or
(ii) under section 161 of the Criminal Justice Act
2003 (drug testing after conviction of anoffence but before sentence),
has revealed the presence in his body of a specified
Class A drug;
(c) either the offence is one under section 5(2) or (3) of the
Misuse of Drugs Act 1971 and relates to a specifiedClass A drug, or the court is satisfied that there aresubstantial grounds for believing—
(i) that misuse by him of any specified Class A
drug caused or contributed to the offence; or
(ii) (even if it did not) that the offence was
motivated wholly or partly by his intendedmisuse of such a drug; andCriminal Justice Act 2003 (c. 44)
Part 2 — Bail16
(d) the condition set out in sub-paragraph (2) below is
satisfied or (if the court is considering on a second orsubsequent occasion whether or not to grant bail) hasbeen, and continues to be, satisfied.
(2) The condition referred to is that after the taking and analy sis
of the sample—
(a) a relevant assessment has been offered to the
defendant but he does not agree to undergo it; or
(b) he has undergone a relevant assessment, and relevant
follow-up has been proposed to him, but he does notagree to participate in it.
(3) In this paragraph and paragraph 6C below—
(a) “Class A drug” and “misuse” have the same meaning
as in the Misuse of Drugs Act 1971;
(b) “relevant assessment” and “relevant follow-up” have
the meaning given by section 3(6E) of this Act;
(c) “specified” (in relation to a Class A drug) has the
same meaning as in Part 3 of the Criminal Justice andCourt Services Act 2000.
6C Paragraph 6A above does not apply unless—
(a) the court has been notified by the Secretary of State
that arrangements for conducting a relevantassessment or, as the case may be, providing relevantfollow-up have been made for the petty sessions areain which it appears to the court that the defendantwould reside if granted bail; and
(b) the notice has not been withdrawn.”,
(b) in paragraph 8(1), for “(4) to (7)” there is substituted “(4 ) to (6B) or (7)”.
20 Supplementary amendments to the Bail Act 1976
(1) In Part 1 of Schedule 1 to the 1976 Act (supplementary provi sions relating to
bail of defendant accused or convicted of imprisonable offence)  the existing
text of paragraph 2 is to be sub-paragraph (1) of that paragrap h, and after that
sub-paragraph (as so re-numbered) there is inserted—
“(2) Where the defendant falls within one or more of paragraphs 2A, 6
and 6B of this Part of this Schedule, this paragraph shall not apply
unless—
(a) where the defendant falls within paragraph 2A, the court
i s  s a t i s f i e d  a s  m e n t i o n e d  i n  s u b - p a r a g r a p h  ( 1)  o f  t h a tparagraph;
(b) where the defendant falls within paragraph 6, the court is
satisfied as mentioned in sub-paragraph (1) of thatparagraph;
(c) where the defendant falls within paragraph 6B, the court is
satisfied as mentioned in paragraph 6A of this Part of thisSchedule or paragraph 6A does not apply by virtue of
paragraph 6C of this Part of this Schedule.”
(2) In paragraph 9 of that Part (matters to be taken into accoun t in making
decisions under paragraph 2 or 2A of that Part) for “2 or 2A” t here isCriminal Justice Act 2003 (c. 44)
Part 2 — Bail17
substituted “2(1), or in deciding whether it is satisfied as me ntioned in
paragraph 2A(1), 6(1) or 6A,”.
21 Interpretation of Part 2
In this Part—
“bail” means bail in criminal proceedings (within the meaning o f the 1976
Act),
“bail hostel” has the meaning given by section 2(2) of the 1976  Act,
“the 1976 Act” means the Bail Act 1976 (c. 63),
“vary” has the same meaning as in the 1976 Act.
PART 3
CONDITIONAL  CAUTIONS
22 Conditional cautions
(1) An authorised person may give a conditional caution to a per son aged 18 or
over (“the offender”) if each of the five requirements in secti on 23 is satisfied.
(2) In this Part “conditional caution” means a caution which is given in respect of
an offence committed by the offender and which has conditions a ttached to it
with which the offender must comply.
(3) The conditions which may be attached to such a caution are t hose which have
either or both of the following objects—
(a) facilitating the rehabilitation of the offender,
(b) ensuring that he makes reparation for the offence.
(4) In this Part “authorised person” means—
(a) a constable,
(b) an investigating officer, or
(c) a person authorised by a relevant prosecutor for the purpose s of this
section.
23 The five requirements
(1) The first requirement is that the authorised person has evid ence that the
offender has committed an offence.
(2) The second requirement is that a relevant prosecutor decides —
(a) that there is sufficient evidence to charge the offender wit h the offence,
and
(b) that a conditional caution should be given to the offender i n respect of
the offence.
(3) The third requirement is that the offender admits to the aut horised person that
he committed the offence.
(4) The fourth requirement is that the authorised person explain s the effect of the
conditional caution to the offender and warns him that failure to comply with
any of the conditions attached to the caution may result in his  being prosecuted
for the offence.Criminal Justice Act 2003 (c. 44)
Part 3 — Conditional cautions18
(5) The fifth requirement is that the offender signs a document which contains—
(a) details of the offence,
(b) an admission by him that he committed the offence,
(c) his consent to being given the conditional caution, and
(d) the conditions attached to the caution.
24 Failure to comply with conditions
(1) If the offender fails, without reasonable excuse, to comply with any of the
conditions attached to the conditional caution, criminal procee dings may be
instituted against the person for the offence in question.
(2) The document mentioned in section 23(5) is to be admissible in such
proceedings.
(3) Where such proceedings are instituted, the conditional cauti on is to cease to
have effect.
25 Code of practice
(1) The Secretary of State must prepare a code of practice in re lation to conditional
cautions.
(2) The code may, in particular, include provision as to—
(a) the circumstances in which conditional cautions may be given ,
(b) the procedure to be followed in connection with the giving o f such
cautions,
(c) the conditions which may be attached to such cautions and th e time for
which they may have effect,
(d) the category of constable or investigating officer by whom s uch
cautions may be given,
(e) the persons who may be authorised by a relevant prosecutor f or the
purposes of section 22,
(f) the form which such cautions are to take and the manner in w hich they
are to be given and recorded,
(g) the places where such cautions may be given, and
(h) the monitoring of compliance with conditions attached to suc h
cautions.
(3) After preparing a draft of the code the Secretary of State— 
(a) must publish the draft,
(b) must consider any representations made to him about the draf t, and
(c) may amend the draft accordingly,
but he may not publish or amend the draft without the consent o f the Attorney
General.
(4) After the Secretary of State has proceeded under subsection (3) he must lay the
code before each House of Parliament.
(5) When he has done so he may bring the code into force by orde r.
(6) The Secretary of State may from time to time revise a code o f practice brought
into force under this section.Criminal Justice Act 2003 (c. 44)
Part 3 — Conditional cautions19
(7) Subsections (3) to (6) are to apply (with appropriate modifi cations) to a revised
code as they apply to an original code.
26 Assistance of National Probation Service
(1) Section 1 of the Criminal Justice and Court Services Act 200 0 (c. 43) (purposes
of Chapter 1) is amended as follows.
(2) After subsection (1) there is inserted—
“(1A) This Chapter also has effect for the purposes of providing  for—
(a) authorised persons to be given assistance in determining
whether conditional cautions should be given and whichconditions to attach to conditional cautions, and
(b) the supervision and rehabilitation of persons to whom
conditional cautions are given.”
(3) After subsection (3) there is inserted—
“(4) In this section “authorised person” and “conditional cautio n” have the
same meaning as in Part 3 of the Criminal Justice Act 2003.”
27 Interpretation of Part 3
In this Part—
“authorised person” has the meaning given by section 22(4),
“conditional caution” has the meaning given by section 22(2),
“investigating officer” means a person designated as an investi gating
officer under section 38 of the Police Reform Act 2002 (c. 30),
“the offender” has the meaning given by section 22(1),
“relevant prosecutor” means—
(a) the Attorney General,
(b) the Director of the Serious Fraud Office,
(c) the Director of Public Prosecutions,
(d) a Secretary of State,
(e) the Commissioners of Inland Revenue,
(f) the Commissioners of Customs and Excise, or
(g) a person who is specified in an order made by the Secretary of
State as being a relevant prosecutor for the purposes of this P art.
P
ART 4
CHARGING  ETC
28 Charging or release of persons in police detention
Schedule 2 (which makes provision in relation to the charging o r release of
persons in police detention) shall have effect.Criminal Justice Act 2003 (c. 44)
Part 4 — Charging etc20
29 New method of instituting proceedings
(1) A public prosecutor may institute criminal proceedings again st a person by
issuing a document (a “written charge”) which charges the perso n with an
offence.
(2) Where a public prosecutor issues a written charge, it must a t the same time
issue a document (a “requisition”) which requires the person to  appear before
a magistrates’ court to answer the written charge.
(3) The written charge and requisition must be served on the per son concerned,
and a copy of both must be served on the court named in the req uisition.
(4) In consequence of subsections (1) to (3), a public prosecuto r is not to have the
power to lay an information for the purpose of obtaining the is sue of a
summons under section 1 of the Magistrates’ Courts Act 1980 (c. 43).
(5) In this section “public prosecutor” means—
(a) a police force or a person authorised by a police force to i nstitute
criminal proceedings,
(b) the Director of the Serious Fraud Office or a person authori sed by him
to institute criminal proceedings,
(c) the Director of Public Prosecutions or a person authorised b y him to
institute criminal proceedings,
(d) the Attorney General or a person authorised by him to instit ute
criminal proceedings,
(e) a Secretary of State or a person authorised by a Secretary o f State to
institute criminal proceedings,
(f) the Commissioners of Inland Revenue or a person authorised b y them
to institute criminal proceedings,
(g) the Commissioners of Customs and Excise or a person authoris ed by
them to institute criminal proceedings, or
(h) a person specified in an order made by the Secretary of Stat e for the
purposes of this section or a person authorised by such a perso n to
institute criminal proceedings.
(6) In subsection (5) “police force” has the meaning given by se ction 3(3) of the
Prosecution of Offences Act 1985 (c. 23).
30 Further provision about new method
(1) Rules under section 144 of the Magistrates’ Courts Act 1980 may make—
(a) provision as to the form, content, recording, authentication  and service
of written charges or requisitions, and
(b) such other provision in relation to written charges or requi sitions as
appears to the Lord Chancellor to be necessary or expedient.
(2) Without limiting subsection (1), the provision which may be made by virtue of
that subsection includes provision—
(a) which applies (with or without modifications), or which disa pplies, the
provision of any enactment relating to the service of documents ,
(b) for or in connection with the issue of further requisitions.
(3) Nothing in subsection (1) or (2) is to be taken as affecting  the generality of
section 144(1) of that Act.Criminal Justice Act 2003 (c. 44)
Part 4 — Charging etc21
(4) Nothing in section 29 affects—
(a) the power of a public prosecutor to lay an information for t he purpose
of obtaining the issue of a warrant under section 1 of the Magi strates’
Courts Act 1980 (c. 43),
(b) the power of a person who is not a public prosecutor to lay an
information for the purpose of obtaining the issue of a summons  o r
warrant under section 1 of that Act, or
(c) any power to charge a person with an offence whilst he is in  custody.
(5) Except where the context otherwise requires, in any enactmen t contained in an
Act passed before this Act—
(a) any reference (however expressed) which is or includes a ref erence to
an information within the meaning of section 1 of the Magistrat es'
Courts Act 1980 (c.43) (or to the laying of such an information ) is to be
read as including a reference to a written charge (or to the is sue of a
written charge),
(b) any reference (however expressed) which is or includes a ref erence to a
summons under section 1 of the Magistrates’ Courts Act 1980 (or  to a
justice of the peace issuing such a summons) is to be read as i ncluding
a  r e f e r e n c e  t o  a  r e q u i s i t i o n  ( o r  t o  a  p u b l i c  p r o s e c u t o r  i s s u i n g  a
requisition).
(6) Subsection (5) does not apply to section 1 of the Magistrate s’ Courts Act 1980.
(7) The reference in subsection (5) to an enactment contained in  an Act passed
before this Act includes a reference to an enactment contained in that Act as a
result of an amendment to that Act made by this Act or by any o ther Act passed
in the same Session as this Act.
(8) In this section “public prosecutor”, “requisition” and “writ ten charge” have the
same meaning as in section 29.
31 Removal of requirement to substantiate information on oath
(1) In section 1(3) of the Magistrates’ Courts Act 1980 (warrant  may not be issued
unless information substantiated on oath) the words “and substa ntiated on
oath” are omitted.
(2) In section 13 of that Act (non-appearance of defendant: issu e of warrant) in
subsection (3)(a) the words “the information has been substanti ated on oath
and” are omitted.
(3) For subsection (3A)(a) of that section there is substituted—
“(a) the offence to which the warrant relates is punishable, in  the
case of a person who has attained the age of 18, withimprisonment, or”.
P
ART 5
DISCLOSURE
32 Initial duty of disclosure by prosecutor
In the Criminal Procedure and Investigations Act 1996 (c. 25) (i n this Part
referred to as “the 1996 Act”), in subsection (1)(a) of section  3 (primary
disclosure by prosecutor)—Criminal Justice Act 2003 (c. 44)
Part 5 — Disclosure22
(a) for “in the prosecutor’s opinion might undermine” there is s ubstituted
“might reasonably be considered capable of undermining”;
(b) after “against the accused” there is inserted “or of assisti ng the case for
the accused”.
33 Defence disclosure
(1) In section 5 of the 1996 Act (compulsory disclosure by accus ed), after
subsection (5) there is inserted—
“(5A) Where there are other accused in the proceedings and the c ourt so
orders, the accused must also give a defence statement to each other
accused specified by the court.
(5B) The court may make an order under subsection (5A) either of  its own
motion or on the application of any party.
(5C) A defence statement that has to be given to the court and t he prosecutor
(under subsection (5)) must be given during the period which, b y virtue
of section 12, is the relevant period for this section.
(5D) A defence statement that has to be given to a co-accused (u nder
subsection (5A)) must be given within such period as the court may
specify.”
(2) After section 6 of that Act there is inserted—
“6A Contents of defence statement
(1) For the purposes of this Part a defence statement is a writt en
statement—
(a) setting out the nature of the accused’s defence, including a ny
particular defences on which he intends to rely,
(b) indicating the matters of fact on which he takes issue with the
prosecution,
(c) setting out, in the case of each such matter, why he takes i ssue
with the prosecution, and
(d) indicating any point of law (including any point as to the
admissibility of evidence or an abuse of process) which hewishes to take, and any authority on which he intends to rely f or
that purpose.
(2) A defence statement that discloses an alibi must give partic ulars of it,
including—
(a) the name, address and date of birth of any witness the accus ed
believes is able to give evidence in support of the alibi, or a s
many of those details as are known to the accused when thestatement is given;
(b) any information in the accused’s possession which might be o f
material assistance in identifying or finding any such witness in
whose case any of the details mentioned in paragraph (a) arenot known to the accused when the statement is given.
(3) For the purposes of this section evidence in support of an a libi is
evidence tending to show that by reason of the presence of the accused
at a particular place or in a particular area at a particular t ime he wasCriminal Justice Act 2003 (c. 44)
Part 5 — Disclosure23
not, or was unlikely to have been, at the place where the offen ce is
alleged to have been committed at the time of its alleged commi ssion.
(4) The Secretary of State may by regulations make provision as to the
details of the matters that, by virtue of subsection (1), are t o be included
in defence statements.”
(3) After section 6A of that Act (inserted by subsection (2) abo ve) there is
inserted—
“6B Updated disclosure by accused
(1) Where the accused has, before the beginning of the relevant period for
this section, given a defence statement under section 5 or 6, h e must
during that period give to the court and the prosecutor either—
(a) a defence statement under this section (an “updated defence
statement”), or
(b) a statement of the kind mentioned in subsection (4).
(2) The relevant period for this section is determined under sec tion 12.
(3) An updated defence statement must comply with the requiremen ts
imposed by or under section 6A by reference to the state of aff airs at the
time when the statement is given.
(4) Instead of an updated defence statement, the accused may giv e a
written statement stating that he has no changes to make to the  defence
statement which was given under section 5 or 6.
(5) Where there are other accused in the proceedings and the cou rt so
orders, the accused must also give either an updated defence st atement
or a statement of the kind mentioned in subsection (4), within such
period as may be specified by the court, to each other accused so
specified.
(6) The court may make an order under subsection (5) either of i ts own
motion or on the application of any party.”
34 Notification of intention to call defence witnesses
After section 6B of the 1996 Act (inserted by section 33 above)  there is
inserted—
“6C Notification of intention to call defence witnesses
(1) The accused must give to the court and the prosecutor a noti ce
indicating whether he intends to call any persons (other than h imself)
as witnesses at his trial and, if so—
(a) giving the name, address and date of birth of each such
proposed witness, or as many of those details as are known tothe accused when the notice is given;
(b) providing any information in the accused’s possession which
might be of material assistance in identifying or finding anysuch proposed witness in whose case any of the detailsmentioned in paragraph (a) are not known to the accused whenthe notice is given.Criminal Justice Act 2003 (c. 44)
Part 5 — Disclosure24
(2) Details do not have to be given under this section to the ex tent that they
have already been given under section 6A(2).
(3) The accused must give a notice under this section during the  period
which, by virtue of section 12, is the relevant period for this  section.
(4) If, following the giving of a notice under this section, the  accused—
(a) decides to call a person (other than himself) who is not inc luded
in the notice as a proposed witness, or decides not to call aperson who is so included, or
(b) discovers any information which, under subsection (1), he
would have had to include in the notice if he had been aware ofit when giving the notice,
he must give an appropriately amended notice to the court and t he
prosecutor.”
35 Notification of names of experts instructed by defendant
After section 6C of the 1996 Act (inserted by section 34 above)  there is
inserted—
“6D Notification of names of experts instructed by accused
(1) If the accused instructs a person with a view to his providi ng any expert
opinion for possible use as evidence at the trial of the accuse d, he must
give to the court and the prosecutor a notice specifying the pe rson’s
name and address.
(2) A notice does not have to be given under this section specif ying the
name and address of a person whose name and address have alread y
been given under section 6C.
(3) A notice under this section must be given during the period which, by
virtue of section 12, is the relevant period for this section.”
36 Further provisions about defence disclosure
After section 6D of the 1996 Act (inserted by section 35 above)  there is
inserted—
“6E Disclosure by accused: further provisions
(1) Where an accused’s solicitor purports to give on behalf of t he
accused—
(a) a defence statement under section 5, 6 or 6B, or
(b) a statement of the kind mentioned in section 6B(4),
the statement shall, unless the contrary is proved, be deemed t o be
given with the authority of the accused.
(2) If it appears to the judge at a pre-trial hearing that an ac cused has failed
to comply fully with section 5, 6B or 6C, so that there is a po ssibility of
comment being made or inferences drawn under section 11(5), he shall
warn the accused accordingly.Criminal Justice Act 2003 (c. 44)
Part 5 — Disclosure25
(3) In subsection (2) “pre-trial hearing” has the same meaning a s in Part 4
(see section 39).
(4) The judge in a trial before a judge and jury—
(a) may direct that the jury be given a copy of any defence
statement, and
(b) if he does so, may direct that it be edited so as not to inc lude
references to matters evidence of which would be inadmissible.
(5) A direction under subsection (4)—
(a) may be made either of the judge’s own motion or on the
application of any party;
(b) may be made only if the judge is of the opinion that seeing a
copy of the defence statement would help the jury tounderstand the case or to resolve any issue in the case.
(6) The reference in subsection (4) to a defence statement is a reference— 
(a) where the accused has given only an initial defence statemen t
(that is, a defence statement given under section 5 or 6), to t hat
statement;
(b) where he has given both an initial defence statement and an
updated defence statement (that is, a defence statement givenunder section 6B), to the updated defence statement;
(c) where he has given both an initial defence statement and a
statement of the kind mentioned in section 6B(4), to the initia l
defence statement.”
37 Continuing duty of disclosure by prosecutor
Before section 8 of the 1996 Act there is inserted—
“7A Continuing duty of prosecutor to disclose
(1) This section applies at all times—
(a) after the prosecutor has complied with section 3 or purporte d to
comply with it, and
(b) before the accused is acquitted or convicted or the prosecut or
decides not to proceed with the case concerned.
(2) The prosecutor must keep under review the question whether a t any
given time (and, in particular, following the giving of a defen ce
statement) there is prosecution material which—
(a) might reasonably be considered capable of undermining the
case for the prosecution against the accused or of assisting th e
case for the accused, and
(b) has not been disclosed to the accused.
(3) If at any time there is any such material as is mentioned in  subsection
(2) the prosecutor must disclose it to the accused as soon as i s
reasonably practicable (or within the period mentioned in subse ction
(5)(a), where that applies).
(4) In applying subsection (2) by reference to any given time th e state of
affairs at that time (including the case for the prosecution as  it stands at
that time) must be taken into account.Criminal Justice Act 2003 (c. 44)
Part 5 — Disclosure26
(5) Where the accused gives a defence statement under section 5,  6 or 6B—
(a) if as a result of that statement the prosecutor is required by this
section to make any disclosure, or further disclosure, he mustdo so during the period which, by virtue of section 12, is therelevant period for this section;
(b) if the prosecutor considers that he is not so required, he m ust
during that period give to the accused a written statement tothat effect.
(6) For the purposes of this section prosecution material is mat erial—
(a) which is in the prosecutor’s possession and came into his
possession in connection with the case for the prosecutionagainst the accused, or
(b) which, in pursuance of a code operative under Part 2, he has
inspected in connection with the case for the prosecutionagainst the accused.
(7) Subsections (3) to (5) of section 3 (method by which prosecu tor
discloses) apply for the purposes of this section as they apply  for the
purposes of that.
(8) Material must not be disclosed under this section to the ext ent that the
court, on an application by the prosecutor, concludes it is not  in the
public interest to disclose it and orders accordingly.
(9) Material must not be disclosed under this section to the ext ent that it is
material the disclosure of which is prohibited by section 17 of  t h e
Regulation of Investigatory Powers Act 2000 (c. 23).”
38 Application by defence for disclosure
In section 8 of the 1996 Act (application by accused for disclo sure), for
subsections (1) and (2) there is substituted—
“(1) This section applies where the accused has given a defence statement
under section 5, 6 or 6B and the prosecutor has complied with s ection
7A(5) or has purported to comply with it or has failed to compl y with it.
(2) If the accused has at any time reasonable cause to believe t hat there is
prosecution material which is required by section 7A to be disc losed to
him and has not been, he may apply to the court for an order re quiring
the prosecutor to disclose it to him.”
39 Faults in defence disclosure
For section 11 of the 1996 Act there is substituted—
“11 Faults in disclosure by accused
(1) This section applies in the three cases set out in subsectio ns (2), (3) and
(4).
(2) The first case is where section 5 applies and the accused—
(a) fails to give an initial defence statement,Criminal Justice Act 2003 (c. 44)
Part 5 — Disclosure27
(b) gives an initial defence statement but does so after the end  of the
period which, by virtue of section 12, is the relevant period f or
section 5,
(c) is required by section 6B to give either an updated defence
statement or a statement of the kind mentioned in subsection (4 )
of that section but fails to do so,
(d) gives an updated defence statement or a statement of the kin d
mentioned in section 6B(4) but does so after the end of theperiod which, by virtue of section 12, is the relevant period f or
section 6B,
(e) sets out inconsistent defences in his defence statement, or
(f) at his trial—
(i) puts forward a defence which was not mentioned in his
defence statement or is different from any defence setout in that statement,
(ii) relies on a matter which, in breach of the requirements
imposed by or under section 6A, was not mentioned inhis defence statement,
(iii) adduces evidence in support of an alibi without having
given particulars of the alibi in his defence statement, or
(iv) calls a witness to give evidence in support of an alibi
without having complied with section 6A(2)(a) or (b) asregards the witness in his defence statement.
(3) The second case is where section 6 applies, the accused give s an initial
defence statement, and the accused—
(a) gives the initial defence statement after the end of the per iod
which, by virtue of section 12, is the relevant period for sect ion
6, or
( b ) d o e s  a n y  o f  t h e  t h i n g s  m e n t i o n e d  i n  p a r a g r a p h s  ( c )  t o  ( f )  o f
subsection (2).
(4) The third case is where the accused—
(a) gives a witness notice but does so after the end of the peri od
which, by virtue of section 12, is the relevant period for sect ion
6C, or
(b) at his trial calls a witness (other than himself) not includ ed, or
not adequately identified, in a witness notice.
(5) Where this section applies—
(a) the court or any other party may make such comment as
appears appropriate;
(b) the court or jury may draw such inferences as appear proper in
deciding whether the accused is guilty of the offence concerned .
(6) Where—
(a) this section applies by virtue of subsection (2)(f)(ii) (inc luding
that provision as it applies by virtue of subsection (3)(b)), a nd
(b) the matter which was not mentioned is a point of law (includ ing
any point as to the admissibility of evidence or an abuse ofprocess) or an authority,
comment by another party under subsection (5)(a) may be made on ly
with the leave of the court.Criminal Justice Act 2003 (c. 44)
Part 5 — Disclosure28
(7) Where this section applies by virtue of subsection (4), comm ent by
another party under subsection (5)(a) may be made only with the  leave
of the court.
(8) Where the accused puts forward a defence which is different from any
defence set out in his defence statement, in doing anything und er
subsection (5) or in deciding whether to do anything under it t he court
shall have regard—
(a) to the extent of the differences in the defences, and
(b) to whether there is any justification for it.
(9) Where the accused calls a witness whom he has failed to incl ude, or to
identify adequately, in a witness notice, in doing anything und er
subsection (5) or in deciding whether to do anything under it t he court
shall have regard to whether there is any justification for the  failure.
(10) A person shall not be convicted of an offence solely on an inference
drawn under subsection (5).
(11) Where the accused has given a statement of the kind mention ed in
section 6B(4), then, for the purposes of subsections (2)(f)(ii)  and (iv), the
question as to whether there has been a breach of the requireme nts
i m p o s e d  b y  o r  u n d e r  s e c t i o n  6 A  o r  a  f a i l u r e  t o  c o m p l y  w i t h  s e c t ion
6A(2)(a) or (b) shall be determined—
(a) by reference to the state of affairs at the time when that
statement was given, and
(b) as if the defence statement was given at the same time as th at
statement.
(12) In this section—
(a) “initial defence statement” means a defence statement given
under section 5 or 6;
(b) “updated defence statement” means a defence statement given
under section 6B;
(c) a reference simply to an accused’s “defence statement” is a
reference— 
(i) where he has given only an initial defence statement, to
that statement;
(ii) where he has given both an initial and an updated
defence statement, to the updated defence statement;
(iii) where he has given both an initial defence statement
and a statement of the kind mentioned in section 6B(4),to the initial defence statement;
(d) a reference to evidence in support of an alibi shall be cons trued
in accordance with section 6A(3);
(e) “witness notice” means a notice given under section 6C.”
40 Code of practice for police interviews of witnesses notified by accused
In Part 1 of the 1996 Act after section 21 there is inserted—Criminal Justice Act 2003 (c. 44)
Part 5 — Disclosure29
“21A Code of practice for police interviews of witnesses notifi ed by accused
(1) The Secretary of State shall prepare a code of practice whic h gives
guidance to police officers, and other persons charged with the  duty of
investigating offences, in relation to the arranging and conduc ting of
interviews of persons—
(a) particulars of whom are given in a defence statement in
accordance with section 6A(2), or
(b) who are included as proposed witnesses in a notice given und er
section 6C.
(2) The code must include (in particular) guidance in relation t o—
(a) information that should be provided to the interviewee and t he
accused in relation to such an interview;
(b) the notification of the accused’s solicitor of such an inter view;
(c) the attendance of the interviewee’s solicitor at such an
interview;
(d) the attendance of the accused’s solicitor at such an intervi ew;
(e) the attendance of any other appropriate person at such an
interview taking into account the interviewee’s age or anydisability of the interviewee.
(3) Any police officer or other person charged with the duty of
investigating offences who arranges or conducts such an intervi ew
shall have regard to the code.
(4) In preparing the code, the Secretary of State shall consult—
(a) to the extent the code applies to England and Wales—
(i) any person who he considers to represent the interests
of chief officers of police;
(ii) the General Council of the Bar;
(iii) the Law Society of England and Wales;
(iv) the Institute of Legal Executives;
(b) to the extent the code applies to Northern Ireland—
(i) the Chief Constable of the Police Service of Northern
Ireland;
(ii) the General Council of the Bar of Northern Ireland;
(iii) the Law Society of Northern Ireland;
(c) such other persons as he thinks fit.
(5) The code shall not come into operation until the Secretary o f State by
order so provides.
(6) The Secretary of State may from time to time revise the code  and
subsections (4) and (5) shall apply to a revised code as they a pply to the
code as first prepared.
(7) An order bringing the code into operation may not be made un less a
draft of the order has been laid before each House of Parliamen t and
approved by a resolution of each House.
(8) An order bringing a revised code into operation shall be lai d before
each House of Parliament if the order has been made without a d raft
having been so laid and approved by a resolution of each House.Criminal Justice Act 2003 (c. 44)
Part 5 — Disclosure30
(9) When an order or a draft of an order is laid in accordance w ith
subsection (7) or (8), the code to which it relates shall also be laid.
(10) No order or draft of an order may be laid until the consult ation
required by subsection (4) has taken place.
(11) A failure by a person mentioned in subsection (3) to have r egard to any
provision of a code for the time being in operation by virtue o f an order
under this section shall not in itself render him liable to any  criminal or
civil proceedings.
(12) In all criminal and civil proceedings a code in operation a t any time by
virtue of an order under this section shall be admissible in ev idence.
(13) If it appears to a court or tribunal conducting criminal or  c i v i l
proceedings that—
(a) any provision of a code in operation at any time by virtue o f an
order under this section, or
(b) any failure mentioned in subsection (11),
is relevant to any question arising in the proceedings, the pro vision or
failure shall be taken into account in deciding the question.”
PART 6
ALLOCATION  AND  SENDING  OF OFFENCES
41 Allocation of offences triable either way, and sending cases to Crown Court
Schedule 3 (which makes provision in relation to the allocation  and other
treatment of offences triable either way, and the sending of ca ses to the Crown
Court) shall have effect.
42 Mode of trial for certain firearms offences: transitory arran gements
(1) The Magistrates’ Courts Act 1980 is amended as follows.
(2) In section 24 (summary trial of information against child or  young person for
indictable offence)—
(a) in subsection (1), for “homicide” there is substituted “one falling within
subsection (1B) below”,
(b) in subsection (1A)(a), for “of homicide” there is substitute d “falling
within subsection (1B) below”,
(c) after subsection (1A), there is inserted—
“(1B) 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.”
(3) In section 25 (power to change from summary trial to committ al proceedings
and vice versa), in subsection (5), for “homicide” there is sub stituted “one
falling within section 24(1B) above”.Criminal Justice Act 2003 (c. 44)
Part 7 — Trials on indictment without a jury31
PART 7
TRIALS  ON INDICTMENT  WITHOUT  A JURY
43 Applications by prosecution for certain fraud cases to be con ducted without a 
jury
(1) This section applies where—
(a) one or more defendants are to be tried on indictment for one  or more
offences, and
(b) notice has been given under section 51B of the Crime and Dis order Act
1998 (c. 37) (notices in serious or complex fraud cases) in res pect of that
offence or those offences.
(2) The prosecution may apply to a judge of the Crown Court for the trial to be
conducted without a jury.
(3) If an application under subsection (2) is made and the judge  is satisfied that the
condition in subsection (5) is fulfilled, he may make an order that the trial is to
be conducted without a jury; but if he is not so satisfied he m ust refuse the
application.
(4) The judge may not make such an order without the approval of  the Lord Chief
Justice or a judge nominated by him.
(5) The condition is that the complexity of the trial or the len gth of the trial (or
both) is likely to make the trial so burdensome to the members of a jury hearing
the trial that the interests of justice require that serious co nsideration should be
given to the question of whether the trial should be conducted without a jury.
(6) In deciding whether or not he is satisfied that that conditi on is fulfilled, the
judge must have regard to any steps which might reasonably be t aken to
reduce the complexity or length of the trial.
(7) But a step is not to be regarded as reasonable if it would s ignificantly
disadvantage the prosecution.
44 Application by prosecution for trial to be conducted without a jury where 
danger of jury tampering
(1) This section applies where one or more defendants are to be tried on
indictment for one or more offences.
(2) The prosecution may apply to a judge of the Crown Court for the trial to be
conducted without a jury.
(3) If an application under subsection (2) is made and the judge  is satisfied that
both of the following two conditions are fulfilled, he must mak e an order that
the trial is to be conducted without a jury; but if he is not s o satisfied he must
refuse the application.
(4) The first condition is that there is evidence of a real and present danger that
jury tampering would take place.
(5) The second condition is that, notwithstanding any steps (inc luding the
provision of police protection) which might reasonably be taken  to prevent
jury tampering, the likelihood that it would take place would b e so substantialCriminal Justice Act 2003 (c. 44)
Part 7 — Trials on indictment without a jury32
as to make it necessary in the interests of justice for the tri al to be conducted
without a jury.
(6) The following are examples of cases where there may be evide nce of a real and
present danger that jury tampering would take place—
(a) a case where the trial is a retrial and the jury in the prev ious trial was
discharged because jury tampering had taken place,
(b) a case where jury tampering has taken place in previous crim inal
proceedings involving the defendant or any of the defendants,
(c) a case where there has been intimidation, or attempted intim idation, of
any person who is likely to be a witness in the trial.
45 Procedure for applications under sections 43 and 44
(1) This section applies—
(a) to an application under section 43, and
(b) to an application under section 44.
(2) An application to which this section applies must be determi ned at a
preparatory hearing (within the meaning of the 1987 Act or Part  3 of the 1996
Act).
(3) The parties to a preparatory hearing at which an application  to which this
section applies is to be determined must be given an opportunit y to make
representations with respect to the application.
(4) In section 7(1) of the 1987 Act (which sets out the purposes  of preparatory
hearings) for paragraphs (a) to (c) there is substituted—
“(a) identifying issues which are likely to be material to the
determinations and findings which are likely to be requiredduring the trial,
(b) if there is to be a jury, assisting their comprehension of t hose
issues and expediting the proceedings before them,
(c) determining an application to which section 45 of the Crimin al
Justice Act 2003 applies,”.
(5) In section 9(11) of that Act (appeal to Court of Appeal) aft er “above,” there is
inserted “from the refusal by a judge of an application to whic h section 45 of
the Criminal Justice Act 2003 applies or from an order of a jud ge under section
43 or 44 of that Act which is made on the determination of such  a n
application,”.
(6) In section 29 of the 1996 Act (power to order preparatory he aring) after
subsection (1) there is inserted—
“(1A) A judge of the Crown Court may also order that a preparato ry hearing
shall be held if an application to which section 45 of the Crim inal Justice
Act 2003 applies (application for trial without jury) is made.”
(7) In subsection (2) of that section (which sets out the purpos es of preparatory
hearings) for paragraphs (a) to (c) there is substituted—
“(a) identifying issues which are likely to be material to the
determinations and findings which are likely to be requiredduring the trial,
(b) if there is to be a jury, assisting their comprehension of t hose
issues and expediting the proceedings before them,Criminal Justice Act 2003 (c. 44)
Part 7 — Trials on indictment without a jury33
(c) determining an application to which section 45 of the Crimin al
Justice Act 2003 applies,”.
(8) In subsections (3) and (4) of that section for “subsection ( 1)” there is substituted
“this section”.
(9) In section 35(1) of that Act (appeal to Court of Appeal) aft er “31(3),” there is
inserted “from the refusal by a judge of an application to whic h section 45 of
the Criminal Justice Act 2003 applies or from an order of a jud ge under section
43 or 44 of that Act which is made on the determination of such  a n
application,”.
(10) In this section—
“the 1987 Act” means the Criminal Justice Act 1987 (c. 38),
“the 1996 Act” means the Criminal Procedure and Investigations Act 1996
(c. 25).
46 Discharge of jury because of jury tampering
(1) This section applies where—
(a) a judge is minded during a trial on indictment to discharge the jury,
and
(b) he is so minded because jury tampering appears to have taken  place.
(2) Before taking any steps to discharge the jury, the judge mus t—
(a) inform the parties that he is minded to discharge the jury,
(b) inform the parties of the grounds on which he is so minded, and
(c) allow the parties an opportunity to make representations.
(3) Where the judge, after considering any such representations,  discharges the
jury, he may make an order that the trial is to continue withou t a jury if, but
only if, he is satisfied—
(a) that jury tampering has taken place, and
(b) that to continue the trial without a jury would be fair to t he defendant
or defendants;
but this is subject to subsection (4).
(4) If the judge considers that it is necessary in the interests  of justice for the trial
to be terminated, he must terminate the trial.
(5) Where the judge terminates the trial under subsection (4), h e may make an
order that any new trial which is to take place must be conduct ed without a
jury if he is satisfied in respect of the new trial that both o f the conditions set
out in section 44 are likely to be fulfilled.
(6) Subsection (5) is without prejudice to any other power that the judge may have
on terminating the trial.
(7) Subject to subsection (5), nothing in this section affects t he application of
section 43 or 44 in relation to any new trial which takes place  following the
termination of the trial.
47 Appeals
(1) An appeal shall lie to the Court of Appeal from an order und er section 46(3) or
(5).Criminal Justice Act 2003 (c. 44)
Part 7 — Trials on indictment without a jury34
(2) Such an appeal may be brought only with the leave of the jud ge or the Court
of Appeal.
(3) An order from which an appeal under this section lies is not  to take effect—
(a) before the expiration of the period for bringing an appeal u nder this
section, or
(b) if such an appeal is brought, before the appeal is finally d isposed of or
abandoned.
(4) On the termination of the hearing of an appeal under this se ction, the Court of
Appeal may confirm or revoke the order.
(5) Subject to rules of court made under section 53(1) of the Su preme Court Act
1981 (c. 54) (power by rules to distribute business of Court of Appeal between
its civil and criminal divisions)—
(a) the jurisdiction of the Court of Appeal under this section i s to be
exercised by the criminal division of that court, and
(b) references in this section to the Court of Appeal are to be construed as
references to that division.
(6) In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (rig ht of appeal to
House of Lords) after “1996” there is inserted “or section 47 o f the Criminal
Justice Act 2003”.
(7) In section 36 of that Act (bail on appeal by defendant) afte r “hearings)” there is
inserted “or section 47 of the Criminal Justice Act 2003”.
(8) The Secretary of State may make an order containing provisio n, in relation to
proceedings before the Court of Appeal under this section, whic h corresponds
to any provision, in relation to appeals or other proceedings b efore that court,
which is contained in the Criminal Appeal Act 1968 (subject to any specified
modifications).
48 Further provision about trials without a jury
(1) The effect of an order under section 43, 44 or 46(5) is that  the trial to which the
order relates is to be conducted without a jury.
(2) The effect of an order under section 46(3) is that the trial  to which the order
relates is to be continued without a jury.
(3) Where a trial is conducted or continued without a jury, the court is to have all
the powers, authorities and jurisdiction which the court would have had if the
trial had been conducted or continued with a jury (including po wer to
determine any question and to make any finding which would be r equired to
be determined or made by a jury).
(4) Except where the context otherwise requires, any reference i n an enactment to
a jury, the verdict of a jury or the finding of a jury is to be  read, in relation to a
trial conducted or continued without a jury, as a reference to the court, the
verdict of the court or the finding of the court.
(5) Where a trial is conducted or continued without a jury and t he court convicts
a defendant—
(a) the court must give a judgment which states the reasons for the
conviction at, or as soon as reasonably practicable after, the time of the
conviction, andCriminal Justice Act 2003 (c. 44)
Part 7 — Trials on indictment without a jury35
(b) the reference in section 18(2) of the Criminal Appeal Act 19 68 (c. 19)
(notice of appeal or of application for leave to appeal to be g iven within
28 days from date of conviction etc) to the date of the convict ion is to be
read as a reference to the date of the judgment mentioned in pa ragraph
(a).
(6) Nothing in this Part affects—
(a) the requirement under section 4 of the Criminal Procedure (I nsanity)
Act 1964 (c. 84) that a question of fitness to be tried be deter mined by a
jury, or
(b) the requirement under section 4A of that Act that any questi on, finding
or verdict mentioned in that section be determined, made or ret urned
by a jury.
49 Rules of court
(1) Rules of court may make such provision as appears to the aut hority making
them to be necessary or expedient for the purposes of this Part .
(2) Without limiting subsection (1), rules of court may in parti cular make
provision for time limits within which applications under this Part must be
made or within which other things in connection with this Part must be done.
(3) Nothing in this section is to be taken as affecting the gene rality of any
enactment conferring powers to make rules of court.
50 Application of Part 7 to Northern Ireland
(1) In its application to Northern Ireland this Part is to have effect—
(a) subject to subsection (2), and
(b) subject to the modifications in subsections (3) to (16).
(2) This Part does not apply in relation to a trial to which sec tion 75 of the
Terrorism Act 2000 (c. 11) (trial without jury for certain offe nces) applies.
(3) For section 45 substitute—
“45 Procedure for applications under sections 43 and 44
(1) This section applies—
(a) to an application under section 43, and
(b) to an application under section 44.
(2) An application to which this section applies must be determi ned—
(a) at a preparatory hearing (within the meaning of the 1988
Order), or
( b ) a t  a  h e a r i n g  s p e c i f i e d  i n ,  o r  f o r  w h i c h  p r o v i s i o n  i s  m a d e  b y ,
Crown Court rules.
(3) The parties to a hearing mentioned in subsection (2) at whic h an
application to which this section applies is to be determined m ust be
given an opportunity to make representations with respect to th e
application.Criminal Justice Act 2003 (c. 44)
Part 7 — Trials on indictment without a jury36
(4) In Article 6(1) of the 1988 Order (which sets out the purpos es of
preparatory hearings) for sub-paragraphs (a) to (c) there issubstituted—
“(a) identifying issues which are likely to be material to the
determinations and findings which are likely to be requiredduring the trial;
(b) if there is to be a jury, assisting their comprehension of t hose
issues and expediting the proceedings before them;
(c) determining an application to which section 45 of the Crimin al
Justice Act 2003 applies; or”.
(5) In Article 8(11) of the 1988 Order (appeal to Court of Appea l) after “(3),”
there is inserted “from the refusal by a judge of an applicatio n to which
section 45 of the Criminal Justice Act 2003 applies or from an order of a
judge under section 43 or 44 of that Act which is made on thedetermination of such an application,”.
(6) In this section “the 1988 Order” means the Criminal Justice (Serious
Fraud) (Northern Ireland) Order 1988.”
(4) For section 47(1) substitute—
“(1) An appeal shall lie to the Court of Appeal—
(a) from the refusal by a judge at a hearing mentioned in sectio n
45(2)(b) of an application to which section 45 applies or from an
order of a judge at such a hearing under section 43 or 44 whichis made on the determination of such an application,
(b) from an order under section 46(3) or (5).”
(5) In section 47(3) after “order” insert “or a refusal of an ap plication”.
(6) In section 47(4) for “confirm or revoke the order” substitut e—
“(a) where the appeal is from an order, confirm or revoke the or der,
or
(b) where the appeal is from a refusal of an application, confir m the
refusal or make the order which is the subject of theapplication”.
(7) Omit section 47(5).(8) For section 47(6) substitute—
“(6) In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980
(right of appeal to House of Lords) after “1988” there is inser ted “or
section 47 of the Criminal Justice Act 2003”.”
(9) For section 47(7) substitute—
“(7) In section 35 of that Act (bail) after “hearings)” there is  inserted “or
section 47 of the Criminal Justice Act 2003”.”
(10) In section 47(8) for “Criminal Appeal Act 1968” substitute “Criminal Appeal
(Northern Ireland) Act 1980”.
(11) In section 48(4) after “enactment” insert “(including any p rovision of Northern
Ireland legislation)”.
(12) For section 48(5)(b) substitute—Criminal Justice Act 2003 (c. 44)
Part 7 — Trials on indictment without a jury37
“(b) the reference in section 16(1) of the Criminal Appeal (Nort hern
Ireland) Act 1980 (c. 47) (notice of appeal or application forleave) to the date of the conviction is to be read as a referen ce to
the date of the judgment mentioned in paragraph (a).”
(13) In section 48(6)—
(a) for “section 4 of the Criminal Procedure (Insanity) Act 1964  (c. 84)”
substitute “Article 49 of the Mental Health (Northern Ireland) Order
1986”,
(b) for “section 4A of that Act” substitute “Article 49A of that  Order”, and
(c) for “that section” substitute “that Article”.
(14) After section 48 insert—
“48A Reporting restrictions
(1) Sections 41 and 42 of the Criminal Procedure and Investigati ons Act
1996 (c. 25) are to apply in relation to—
(a) a hearing of the kind mentioned in section 45(2)(b), and
(b) any appeal or application for leave to appeal relating to su ch a
hearing,
as they apply in relation to a ruling under section 40 of that Act, but
subject to the following modifications.
(2) Section 41(2) of that Act is to have effect as if for paragr aphs (a) to (d)
there were substituted—
“(a) a hearing of the kind mentioned in section 45(2)(b) of the
Criminal Justice Act 2003;
(b) any appeal or application for leave to appeal relating to su ch a
hearing.”
(3) Section 41(3) of that Act is to have effect as if—
(a) for “(2)” there were substituted “(2)(a) or an application t o that
judge for leave to appeal to the Court of Appeal”, and
(b) after “matter” in the second place where it occurs there wer e
inserted “or application”.
(4) Section 41 of that Act is to have effect as if after subsect ion (3) there
were inserted—
“(3A) The Court of Appeal may order that subsection (1) shall no t
apply, or shall not apply to a specified extent, to a report of —
(a) an appeal to that Court, or
(b) an application to that Court for leave to appeal.
(3B) The House of Lords may order that subsection (1) shall not
apply, or shall not apply to a specified extent, to a report of —
(a) an appeal to that House, or
(b) an application to that House for leave to appeal.”
(5) Section 41(4) of that Act is to have effect as if for “(3) t he judge” there
were substituted “(3), (3A) or (3B), the judge, the Court of Ap peal or the
House of Lords”.Criminal Justice Act 2003 (c. 44)
Part 7 — Trials on indictment without a jury38
(6) Section 41(5) of that Act is to have effect as if for “(3) t he judge” there
were substituted “(3), (3A) or (3B), the judge, the Court of Ap peal or the
House of Lords”.”
(15) For section 49(2) substitute—
“(2) Without limiting subsection (1), rules of court may in part icular make
provision—
(a) for time limits within which applications under this Part mu st
be made or within which other things in connection with thisPart must be done;
(b) in relation to hearings of the kind mentioned in section 45( 2)(b)
and appeals under section 47.”
(16) In section 49(3)—
(a) after “section” insert “or section 45(2)(b)”, and
(b) after “enactment” insert “(including any provision of Northe rn Ireland
legislation)”.
P
ART 8
LIVE LINKS
51 Live links in criminal proceedings
(1) A witness (other than the defendant) may, if the court so di rects, give evidence
through a live link in the following criminal proceedings.
(2) They are—
(a) a summary trial,
(b) an appeal to the Crown Court arising out of such a trial, 
(c) a trial on indictment,
(d) an appeal to the criminal division of the Court of Appeal,
(e) the hearing of a reference under section 9 or 11 of the Crim inal Appeal
Act 1995 (c. 35),
(f) a hearing before a magistrates’ court or the Crown Court whi ch is held
after the defendant has entered a plea of guilty, and
(g) a hearing before the Court of Appeal under section 80 of thi s Act.
(3) A direction may be given under this section—
(a) on an application by a party to the proceedings, or
(b) of the court’s own motion.
(4) But a direction may not be given under this section unless—
(a) the court is satisfied that it is in the interests of the ef ficient or effective
administration of justice for the person concerned to give evid ence in
the proceedings through a live link,
(b) it has been notified by the Secretary of State that suitable  facilities for
receiving evidence through a live link are available in the are a in which
it appears to the court that the proceedings will take place, a nd
(c) that notification has not been withdrawn.
(5) The withdrawal of such a notification is not to affect a dir ection given under
this section before that withdrawal.Criminal Justice Act 2003 (c. 44)
Part 8 — Live links39
(6) In deciding whether to give a direction under this section t he court must
consider all the circumstances of the case.
(7) Those circumstances include in particular—
(a) the availability of the witness,
(b) the need for the witness to attend in person,
(c) the importance of the witness’s evidence to the proceedings,
(d) the views of the witness,
(e) the suitability of the facilities at the place where the wit ness would give
evidence through a live link,
(f) whether a direction might tend to inhibit any party to the p roceedings
from effectively testing the witness’s evidence.
(8) The court must state in open court its reasons for refusing an application for a
direction under this section and, if it is a magistrates’ court , must cause them
to be entered in the register of its proceedings.
52 Effect of, and rescission of, direction
(1) Subsection (2) applies where the court gives a direction und er section 51 for a
person to give evidence through a live link in particular proce edings.
(2) The person concerned may not give evidence in those proceedi ngs after the
direction is given otherwise than through a live link (but this  is subject to the
following provisions of this section).
(3) The court may rescind a direction under section 51 if it app ears to the court to
be in the interests of justice to do so.
(4) Where it does so, the person concerned shall cease to be abl e to give evidence
in the proceedings through a live link, but this does not preve nt the court from
giving a further direction under section 51 in relation to him.
(5) A direction under section 51 may be rescinded under subsecti on (3)—
(a) on an application by a party to the proceedings, or
(b) of the court’s own motion.
(6) But an application may not be made under subsection (5)(a) u nless there has
been a material change of circumstances since the direction was  given.
(7) The court must state in open court its reasons—
(a) for rescinding a direction under section 51, or
(b) for refusing an application to rescind such a direction,
and, if it is a magistrates’ court, must cause them to be enter ed in the register
of its proceedings.
53 Magistrates’ courts permitted to sit at other locations
(1) This section applies where—
(a) a magistrates’ court is minded to give a direction under sec tion 51 for
evidence to be given through a live link in proceedings before the court,
and
(b) suitable facilities for receiving such evidence are not avai lable at any
petty-sessional court-house in which the court can (apart fromsubsection (2)) lawfully sit.Criminal Justice Act 2003 (c. 44)
Part 8 — Live links40
(2) The court may sit for the purposes of the whole or any part of the proceedings
at any place at which such facilities are available and which h as been appointed
for the purposes of this section by the justices acting for the  petty sessions area
for which the court acts.
(3) A place appointed under subsection (2) may be outside the pe tty sessions area
for which it is appointed; but (if so) it shall be deemed to be  in that area for the
purpose of the jurisdiction of the justices acting for that are a.
54 Warning to jury
(1) This section applies where, as a result of a direction under  section 51, evidence
has been given through a live link in proceedings before the Cr own Court.
(2) The judge may give the jury (if there is one) such direction  as he thinks
necessary to ensure that the jury gives the same weight to the evidence as if it
had been given by the witness in the courtroom or other place w here the
proceedings are held.
55 Rules of court
(1) Rules of court may make such provision as appears to the aut hority making
them to be necessary or expedient for the purposes of this Part .
(2) Rules of court may in particular make provision—
(a) as to the procedure to be followed in connection with applic ations
under section 51 or 52, and
(b) as to the arrangements or safeguards to be put in place in c onnection
with the operation of live links.
(3) The provision which may be made by virtue of subsection (2)( a) includes
provision—
(a) for uncontested applications to be determined by the court w ithout a
hearing,
(b) for preventing the renewal of an unsuccessful application un der section
51 unless there has been a material change of circumstances,
(c) for the manner in which confidential or sensitive informatio n is to be
treated in connection with an application under section 51 or 5 2 and in
particular as to its being disclosed to, or withheld from, a pa rty to the
proceedings.
(4) Nothing in this section is to be taken as affecting the gene rality of any
enactment conferring power to make rules of court.
56 Interpretation of Part 8
(1) In this Part—
“legal representative” means an authorised advocate or authoris ed
litigator (as defined by section 119(1) of the Courts and Legal  Services
Act 1990 (c. 41)),
“petty-sessional court-house” has the same meaning as in the Ma gistrates’
Courts Act 1980 (c. 43),
“petty sessions area” has the same meaning as in the Justices o f the Peace
Act 1997 (c. 25),Criminal Justice Act 2003 (c. 44)
Part 8 — Live links41
“rules of court” means Magistrates’ Courts Rules, Crown Court R ules or
Criminal Appeal Rules,
“witness”, in relation to any criminal proceedings, means a per son called,
or proposed to be called, to give evidence in the proceedings.
(2) In this Part “live link” means a live television link or oth er arrangement by
which a witness, while at a place in the United Kingdom which i s outside the
building where the proceedings are being held, is able to see a nd hear a person
at the place where the proceedings are being held and to be see n and heard by
the following persons.
(3) They are—
(a) the defendant or defendants,
(b) the judge or justices (or both) and the jury (if there is on e),
(c) legal representatives acting in the proceedings, and
(d) any interpreter or other person appointed by the court to as sist the
witness.
(4) The extent (if any) to which a person is unable to see or he ar by reason of any
impairment of eyesight or hearing is to be disregarded for the purposes of
subsection (2).
(5) Nothing in this Part is to be regarded as affecting any powe r of a court—
(a) to make an order, give directions or give leave of any descr iption in
relation to any witness (including the defendant or defendants) , or
(b) to exclude evidence at its discretion (whether by preventing  questions
being put or otherwise).
PART 9
PROSECUTION  APPEALS
Introduction
57 Introduction
(1) In relation to a trial on indictment, the prosecution is to have the rights of
appeal for which provision is made by this Part.
(2) But the prosecution is to have no right of appeal under this  Part in respect of—
(a) a ruling that a jury be discharged, or
(b) a ruling from which an appeal lies to the Court of Appeal by  virtue of
any other enactment.
(3) An appeal under this Part is to lie to the Court of Appeal.
(4) Such an appeal may be brought only with the leave of the jud ge or the Court
of Appeal.Criminal Justice Act 2003 (c. 44)
Part 9 — Prosecution appeals42
General right of appeal in respect of rulings
58 General right of appeal in respect of rulings
(1) This section applies where a judge makes a ruling in relatio n to a trial on
indictment at an applicable time and the ruling relates to one or more offences
included in the indictment.
(2) The prosecution may appeal in respect of the ruling in accor dance with this
section.
(3) The ruling is to have no effect whilst the prosecution is ab le to take any steps
under subsection (4).
(4) The prosecution may not appeal in respect of the ruling unle ss—
(a) following the making of the ruling, it—
(i) informs the court that it intends to appeal, or
(ii) requests an adjournment to consider whether to appeal, and
(b) if such an adjournment is granted, it informs the court foll owing the
adjournment that it intends to appeal.
(5) If the prosecution requests an adjournment under subsection (4)(a)(ii), the
judge may grant such an adjournment.
(6) Where the ruling relates to two or more offences—
(a) any one or more of those offences may be the subject of the appeal, and
(b) if the prosecution informs the court in accordance with subs ection (4)
that it intends to appeal, it must at the same time inform the court of the
offence or offences which are the subject of the appeal.
(7) Where—
(a) the ruling is a ruling that there is no case to answer, and
(b) the prosecution, at the same time that it informs the court in accordance
with subsection (4) that it intends to appeal, nominates one or  more
other rulings which have been made by a judge in relation to th e trial
on indictment at an applicable time and which relate to the off ence or
offences which are the subject of the appeal,
that other ruling, or those other rulings, are also to be treat ed as the subject of
the appeal.
(8) The prosecution may not inform the court in accordance with subsection (4)
that it intends to appeal, unless, at or before that time, it i nforms the court that
it agrees that, in respect of the offence or each offence which  is the subject of the
appeal, the defendant in relation to that offence should be acq uitted of that
offence if either of the conditions mentioned in subsection (9)  is fulfilled.
(9) Those conditions are—
(a) that leave to appeal to the Court of Appeal is not obtained,  and
(b) that the appeal is abandoned before it is determined by the Court of
Appeal.
(10) If the prosecution informs the court in accordance with sub section (4) that it
intends to appeal, the ruling mentioned in subsection (1) is to  continue to have
no effect in relation to the offence or offences which are the subject of the
appeal whilst the appeal is pursued.Criminal Justice Act 2003 (c. 44)
Part 9 — Prosecution appeals43
(11) If and to the extent that a ruling has no effect in accorda nce with this section—
(a) any consequences of the ruling are also to have no effect,
(b) the judge may not take any steps in consequence of the rulin g, and
(c) if he does so, any such steps are also to have no effect.
(12) Where the prosecution has informed the court of its agreeme nt under
subsection (8) and either of the conditions mentioned in subsec tion (9) is
fulfilled, the judge or the Court of Appeal must order that the  defendant in
relation to the offence or each offence concerned be acquitted of that offence.
(13) In this section “applicable time”, in relation to a trial o n indictment, means any
time (whether before or after the commencement of the trial) be fore the start of
the judge’s summing-up to the jury.
59 Expedited and non-expedited appeals
(1) Where the prosecution informs the court in accordance with s ection 58(4) that
it intends to appeal, the judge must decide whether or not the appeal should be
expedited.
(2) If the judge decides that the appeal should be expedited, he  may order an
adjournment.
(3) If the judge decides that the appeal should not be expedited , he may—
(a) order an adjournment, or
(b) discharge the jury (if one has been sworn).
(4) If he decides that the appeal should be expedited, he or the  Court of Appeal
may subsequently reverse that decision and, if it is reversed, the judge may act
as mentioned in subsection (3)(a) or (b).
60 Continuation of proceedings for offences not affected by ruli ng
(1) This section applies where the prosecution informs the court  in accordance
with section 58(4) that it intends to appeal.
(2) Proceedings may be continued in respect of any offence which  is not the subject
of the appeal.
61 Determination of appeal by Court of Appeal
(1) On an appeal under section 58, the Court of Appeal may confi rm, reverse or
vary any ruling to which the appeal relates.
(2) Subsections (3) to (5) apply where the appeal relates to a s ingle ruling.
(3) Where the Court of Appeal confirms the ruling, it must, in r espect of the
offence or each offence which is the subject of the appeal, ord er that the
defendant in relation to that offence be acquitted of that offe nce.
(4) Where the Court of Appeal reverses or varies the ruling, it must, in respect of
the offence or each offence which is the subject of the appeal,  do any of the
following—
(a) order that proceedings for that offence may be resumed in th e Crown
Court,Criminal Justice Act 2003 (c. 44)
Part 9 — Prosecution appeals44
(b) order that a fresh trial may take place in the Crown Court f or that
offence,
(c) order that the defendant in relation to that offence be acqu itted of that
offence.
(5) But the Court of Appeal may not make an order under subsecti on (4)(a) or (b)
in respect of an offence unless it considers it necessary in th e interests of justice
to do so.
(6) Subsections (7) and (8) apply where the appeal relates to a ruling that there is
no case to answer and one or more other rulings.
(7) Where the Court of Appeal confirms the ruling that there is no case to answer,
it must, in respect of the offence or each offence which is the  subject of the
appeal, order that the defendant in relation to that offence be  acquitted of that
offence.
(8) Where the Court of Appeal reverses or varies the ruling that  there is no case to
answer, it must in respect of the offence or each offence which  is the subject of
the appeal, make any of the orders mentioned in subsection (4)( a) to (c) (but
subject to subsection (5)).
Right of appeal in respect of evidentiary rulings
62 Right of appeal in respect of evidentiary rulings
(1) The prosecution may, in accordance with this section and sec tion 63 , appeal in
respect of—
(a) a single qualifying evidentiary ruling, or
(b) two or more qualifying evidentiary rulings.
(2) A “qualifying evidentiary ruling” is an evidentiary ruling o f a judge in relation
to a trial on indictment which is made at any time (whether bef ore or after the
commencement of the trial) before the opening of the case for t he defence.
(3) The prosecution may not appeal in respect of a single qualif ying evidentiary
ruling unless the ruling relates to one or more qualifying offe nces (whether or
not it relates to any other offence).
(4) The prosecution may not appeal in respect of two or more qua lifying
evidentiary rulings unless each ruling relates to one or more q ualifying
offences (whether or not it relates to any other offence).
(5) If the prosecution intends to appeal under this section, it must before the
opening of the case for the defence inform the court—
(a) of its intention to do so, and
(b) of the ruling or rulings to which the appeal relates.
(6) In respect of the ruling, or each ruling, to which the appea l relates—
(a) the qualifying offence, or at least one of the qualifying of fences, to
which the ruling relates must be the subject of the appeal, and
(b) any other offence to which the ruling relates may, but need not, be the
subject of the appeal.
(7) The prosecution must, at the same time that it informs the c ourt in accordance
with subsection (5), inform the court of the offence or offence s which are the
subject of the appeal.Criminal Justice Act 2003 (c. 44)
Part 9 — Prosecution appeals45
(8) For the purposes of this section, the case for the defence o pens when, after the
conclusion of the prosecution evidence, the earliest of the fol lowing events
occurs—
(a) evidence begins to be adduced by or on behalf of a defendant ,
(b) it is indicated to the court that no evidence will be adduce d by or on
behalf of a defendant,
(c) a defendant’s case is opened, as permitted by section 2 of t he Criminal
Procedure Act 1865 (c. 18).
(9) In this section—
“evidentiary ruling” means a ruling which relates to the admiss ibility or
exclusion of any prosecution evidence,
“qualifying offence” means an offence described in Part 1 of Sc hedule 4.
(10) The Secretary of State may by order amend that Part by doin g any one or more
of the following—
(a) adding a description of offence,
(b) removing a description of offence for the time being include d,
(c) modifying a description of offence for the time being includ ed.
(11) Nothing in this section affects the right of the prosecutio n to appeal in respect
of an evidentiary ruling under section 58.
63 Condition that evidentiary ruling significantly weakens prose cution case
(1) Leave to appeal may not be given in relation to an appeal un der section 62
unless the judge or, as the case may be, the Court of Appeal is  satisfied that the
relevant condition is fulfilled.
(2) In relation to an appeal in respect of a single qualifying e videntiary ruling, the
relevant condition is that the ruling significantly weakens the  prosecution’s
case in relation to the offence or offences which are the subje ct of the appeal.
(3) In relation to an appeal in respect of two or more qualifyin g evidentiary
rulings, the relevant condition is that the rulings taken toget her significantly
weaken the prosecution’s case in relation to the offence or off ences which are
the subject of the appeal.
64 Expedited and non-expedited appeals
(1) Where the prosecution informs the court in accordance with s ection 62(5), the
judge must decide whether or not the appeal should be expedited .
(2) If the judge decides that the appeal should be expedited, he  may order an
adjournment.
(3) If the judge decides that the appeal should not be expedited , he may—
(a) order an adjournment, or
(b) discharge the jury (if one has been sworn).
(4) If he decides that the appeal should be expedited, he or the  Court of Appeal
may subsequently reverse that decision and, if it is reversed, the judge may act
as mentioned in subsection (3)(a) or (b).Criminal Justice Act 2003 (c. 44)
Part 9 — Prosecution appeals46
65 Continuation of proceedings for offences not affected by ruli ng
(1) This section applies where the prosecution informs the court  in accordance
with section 62(5).
(2) Proceedings may be continued in respect of any offence which  is not the subject
of the appeal.
66 Determination of appeal by Court of Appeal
(1) On an appeal under section 62, the Court of Appeal may confi rm, reverse or
vary any ruling to which the appeal relates.
(2) In addition, the Court of Appeal must, in respect of the off ence or each offence
which is the subject of the appeal, do any of the following—
(a) order that proceedings for that offence be resumed in the Cr own Court, 
(b) order that a fresh trial may take place in the Crown Court f or that
offence,
(c) order that the defendant in relation to that offence be acqu itted of that
offence.
(3) But no order may be made under subsection (2)(c) in respect of an offence
unless the prosecution has indicated that it does not intend to  continue with the
prosecution of that offence.
67 Reversal of rulings
The Court of Appeal may not reverse a ruling on an appeal under  this Part
unless it is satisfied—
(a) that the ruling was wrong in law,
(b) that the ruling involved an error of law or principle, or
(c) that the ruling was a ruling that it was not reasonable for the judge to
have made.
Miscellaneous and supplemental
68 Appeals to the House of Lords
(1) In section 33(1) of the 1968 Act (right of appeal to House o f Lords) after “this
Act” there is inserted “or Part 9 of the Criminal Justice Act 2 003”.
(2) In section 36 of the 1968 Act (bail on appeal by defendant) after “under” there
is inserted “Part 9 of the Criminal Justice Act 2003 or”.
(3) In this Part “the 1968 Act” means the Criminal Appeal Act 19 68 (c. 19).
69 Costs
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as fo llows.
(2) In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal
Justice Act 1987 may be met out of central funds) after “hearin gs)” there is
inserted “or under Part 9 of the Criminal Justice Act 2003”.
(3) In section 18 (award of costs against accused) after subsect ion (2) there is
inserted—Criminal Justice Act 2003 (c. 44)
Part 9 — Prosecution appeals47
“( 2A) Whe re t he Court of  Appe al reverse s or v aries a  rul ing on a n appeal
under Part 9 of the Criminal Justice Act 2003, it may make such  order
as to the costs to be paid by the accused, to such person as ma y be
named in the order, as it considers just and reasonable.”
(4) In subsection (6) after “subsection (2)” there is inserted “ or (2A)”.
70 Effect on time limits in relation to preliminary stages
(1) Section 22 of the Prosecution of Offences Act 1985 (c. 23) (p ower of Secretary of
State to set time limits in relation to preliminary stages of c riminal
proceedings) is amended as follows.
(2) After subsection (6A) there is inserted—
“(6B) Any period during which proceedings for an offence are adj ourned
pending the determination of an appeal under Part 9 of the Crim inal
Justice Act 2003 shall be disregarded, so far as the offence is  concerned,
for the purposes of the overall time limit and the custody time  limit
which applies to the stage which the proceedings have reached w hen
they are adjourned.”
71 Restrictions on reporting
(1) Except as provided by this section no publication shall incl ude a report of—
(a) anything done under section 58, 59, 62, 63 or 64,
(b) an appeal under this Part,
(c) an appeal under Part 2 of the 1968 Act in relation to an app eal under
this Part, or
(d) an application for leave to appeal in relation to an appeal mentioned in
paragraph (b) or (c).
(2) The judge may order that subsection (1) is not to apply, or is not to apply to a
specified extent, to a report of—
(a) anything done under section 58, 59, 62, 63 or 64, or
(b) an application to the judge for leave to appeal to the Court  of Appeal
under this Part.
(3) The Court of Appeal may order that subsection (1) is not to apply, or is not to
apply to a specified extent, to a report of—
(a) an appeal to the Court of Appeal under this Part,
(b) an application to that Court for leave to appeal to it under  this Part, or
(c) an application to that Court for leave to appeal to the Hous e of Lords
under Part 2 of the 1968 Act.
(4) The House of Lords may order that subsection (1) is not to a pply, or is not to
apply to a specified extent, to a report of—
(a) an appeal to that House under Part 2 of the 1968 Act, or
(b) an application to that House for leave to appeal to it under  Part 2 of that
Act.
(5) Where there is only one defendant and he objects to the maki ng of an order
under subsection (2), (3) or (4)—Criminal Justice Act 2003 (c. 44)
Part 9 — Prosecution appeals48
(a) the judge, the Court of Appeal or the House of Lords are to make the
order if (and only if) satisfied, after hearing the representat ions of the
defendant, that it is in the interests of justice to do so, and
(b) the order (if made) is not to apply to the extent that a rep ort deals with
any such objection or representations.
(6) Where there are two or more defendants and one or more of th em object to the
making of an order under subsection (2), (3) or (4)—
(a) the judge, the Court of Appeal or the House of Lords are to make the
order if (and only if) satisfied, after hearing the representat ions of each
of the defendants, that it is in the interests of justice to do  so, and
(b) the order (if made) is not to apply to the extent that a rep ort deals with
any such objection or representations.
(7) Subsection (1) does not apply to the inclusion in a publicat ion of a report of—
(a) anything done under section 58, 59, 62, 63 or 64,
(b) an appeal under this Part,
(c) an appeal under Part 2 of the 1968 Act in relation to an app eal under
this Part, or
(d) an application for leave to appeal in relation to an appeal mentioned in
paragraph (b) or (c),
at the conclusion of the trial of the defendant or the last of the defendants to be
tried.
(8) Subsection (1) does not apply to a report which contains onl y one or more of
the following matters—
(a) the identity of the court and the name of the judge,
(b) the names, ages, home addresses and occupations of the defen dant or
defendants and witnesses,
(c) the offence or offences, or a summary of them, with which th e
defendant or defendants are charged,
(d) the names of counsel and solicitors in the proceedings,
(e) where the proceedings are adjourned, the date and place to w hich they
are adjourned,
(f) any arrangements as to bail,
(g) whether a right to representation funded by the Legal Servic es
Commission as part of the Criminal Defence Service was granted to the
defendant or any of the defendants.
(9) The addresses that may be included in a report by virtue of subsection (8) are
addresses—
(a) at any relevant time, and
(b) at the time of their inclusion in the publication.
(10) Nothing in this section affects any prohibition or restrict ion by virtue of any
other enactment on the inclusion of any matter in a publication .
(11) In this section—
“programme service” has the same meaning as in the Broadcasting  Act
1990 (c. 42),
“publication” includes any speech, writing, relevant programme or other
communication in whatever form, which is addressed to the publi c at
large or any section of the public (and for this purpose every relevant
programme is to be taken to be so addressed), but does not incl ude anCriminal Justice Act 2003 (c. 44)
Part 9 — Prosecution appeals49
indictment or other document prepared for use in particular leg al
proceedings,
“relevant time” means a time when events giving rise to the cha rges to
which the proceedings relate are alleged to have occurred,
“relevant programme” means a programme included in a programme
service.
72 Offences in connection with reporting
(1) This section applies if a publication includes a report in c ontravention of
section 71.
(2) Where the publication is a newspaper or periodical, any prop rietor, editor or
publisher of the newspaper or periodical is guilty of an offenc e.
(3) Where the publication is a relevant programme—
(a) any body corporate or Scottish partnership engaged in provid ing the
programme service in which the programme is included, and
(b) any person having functions in relation to the programme
corresponding to those of an editor of a newspaper,
is guilty of an offence.
(4) In the case of any other publication, any person publishing it is guilty of an
offence.
(5) If an offence under this section committed by a body corpora te is proved—
(a) to have been committed with the consent or connivance of, or
(b) to be attributable to any neglect on the part of,
an officer, the officer as well as the body corporate is guilty  of the offence and
liable to be proceeded against and punished accordingly.
(6) In subsection (5), “officer” means a director, manager, secr etary or other similar
officer of the body, or a person purporting to act in any such capacity.
(7) If the affairs of a body corporate are managed by its member s, “director” in
subsection (6) means a member of that body.
(8) Where an offence under this section is committed by a Scotti sh partnership and
is proved to have been committed with the consent or connivance  of a partner,
he as well as the partnership shall be guilty of the offence an d shall be liable to
be proceeded against and punished accordingly.
(9) A person guilty of an offence under this section is liable o n summary
conviction to a fine not exceeding level 5 on the standard scal e.
(10) Proceedings for an offence under this section may not be in stituted—
(a) in England and Wales otherwise than by or with the consent o f the
Attorney General, or
(b) in Northern Ireland otherwise than by or with the consent of — 
(i) before the relevant date, the Attorney General for Northern
Ireland, or
(ii) on or after the relevant date, the Director of Public Prose cutions
for Northern Ireland.
(11) In subsection (10) “the relevant date” means the date on wh ich section 22(1) of
the Justice (Northern Ireland) Act 2002 (c. 26) comes into force .Criminal Justice Act 2003 (c. 44)
Part 9 — Prosecution appeals50
73 Rules of court
(1) Rules of court may make such provision as appears to the aut hority making
them to be necessary or expedient for the purposes of this Part .
(2) Without limiting subsection (1), rules of court may in parti cular make
provision—
(a) for time limits which are to apply in connection with any pr ovisions of
this Part,
(b) as to procedures to be applied in connection with this Part,
(c) enabling a single judge of the Court of Appeal to give leave  to appeal
under this Part or to exercise the power of the Court of Appeal  under
section 58(12).
(3) Nothing in this section is to be taken as affecting the gene rality of any
enactment conferring powers to make rules of court.
74 Interpretation of Part 9
(1) In this Part—
“programme service” has the meaning given by section 71(11),“publication” has the meaning given by section 71(11),
“qualifying evidentiary ruling” is to be construed in accordanc e with
section 62(2),
“the relevant condition” is to be construed in accordance with section
63(2) and (3),
“relevant programme” has the meaning given by section 71(11),
“ruling” includes a decision, determination, direction, finding , notice,
order, refusal, rejection or requirement,
“the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
(2) Any reference in this Part (other than section 73(2)(c)) to a judge is a reference
to a judge of the Crown Court.
(3) There is to be no right of appeal under this Part in respect  of a ruling in relation
to which the prosecution has previously informed the court of i ts intention to
appeal under either section 58(4) or 62(5).
(4) Where a ruling relates to two or more offences but not all o f those offences are
the subject of an appeal under this Part, nothing in this Part is to be regarded
as affecting the ruling so far as it relates to any offence whi ch is not the subject
of the appeal.
(5) Where two or more defendants are charged jointly with the sa me offence, the
provisions of this Part are to apply as if the offence, so far as relating to each
defendant, were a separate offence (so that, for example, any r eference in this
Part to a ruling which relates to one or more offences includes  a ruling which
relates to one or more of those separate offences).
(6) Subject to rules of court made under section 53(1) of the Su preme Court Act
1981 (c. 54) (power by rules to distribute business of Court of Appeal between
its civil and criminal divisions)—
(a) the jurisdiction of the Court of Appeal under this Part is t o be exercised
by the criminal division of that court, and
(b) references in this Part to the Court of Appeal are to be con strued as
references to that division.Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences51
PART 10
RETRIAL  FOR SERIOUS  OFFENCES
Cases that may be retried
75 Cases that may be retried
(1) This Part applies where a person has been acquitted of a qua lifying offence in
proceedings—
(a) on indictment in England and Wales,
(b) on appeal against a conviction, verdict or finding in procee dings on
indictment in England and Wales, or
(c) on appeal from a decision on such an appeal.
(2) A person acquitted of an offence in proceedings mentioned in  subsection (1) is
treated for the purposes of that subsection as also acquitted o f any qualifying
offence of which he could have been convicted in the proceeding s because of
the first-mentioned offence being charged in the indictment, ex cept an
offence—
(a) of which he has been convicted,
(b) of which he has been found not guilty by reason of insanity,  or
(c) in respect of which, in proceedings where he has been found to be
under a disability (as defined by section 4 of the Criminal Pro cedure
(Insanity) Act 1964 (c. 84)), a finding has been made that he di d the act
or made the omission charged against him.
(3) References in subsections (1) and (2) to a qualifying offenc e do not include
references to an offence which, at the time of the acquittal, w as the subject of
an order under section 77(1) or (3).
(4) This Part also applies where a person has been acquitted, in  proceedings
elsewhere than in the United Kingdom, of an offence under the l aw of the place
where the proceedings were held, if the commission of the offen ce as alleged
would have amounted to or included the commission (in the Unite d Kingdom
or elsewhere) of a qualifying offence.
(5) Conduct punishable under the law in force elsewhere than in the United
Kingdom is an offence under that law for the purposes of subsec tion (4),
however it is described in that law.
(6) This Part applies whether the acquittal was before or after the passing of this
Act.
(7) References in this Part to acquittal are to acquittal in cir cumstances within
subsection (1) or (4).
(8) In this Part “qualifying offence” means an offence listed in  Part 1 of Schedule 5.
Application for retrial
76 Application to Court of Appeal
(1) A prosecutor may apply to the Court of Appeal for an order—
(a) quashing a person’s acquittal in proceedings within section 75(1), andCriminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences52
(b) ordering him to be retried for the qualifying offence.
(2) A prosecutor may apply to the Court of Appeal, in the case o f a person
acquitted elsewhere than in the United Kingdom, for—
(a) a determination whether the acquittal is a bar to the person  being tried
in England and Wales for the qualifying offence, and
(b) if it is, an order that the acquittal is not to be a bar.
(3) A prosecutor may make an application under subsection (1) or  (2) only with the
written consent of the Director of Public Prosecutions.
(4) The Director of Public Prosecutions may give his consent onl y if satisfied
that—
(a) there is evidence as respects which the requirements of sect ion 78
appear to be met,
(b) it is in the public interest for the application to proceed,  and
(c) any trial pursuant to an order on the application would not be
inconsistent with obligations of the United Kingdom under Artic le 31
or 34 of the Treaty on European Union relating to the principle  of ne bis
in idem .
(5) Not more than one application may be made under subsection ( 1) or (2) in
relation to an acquittal.
77 Determination by Court of Appeal
(1) On an application under section 76(1), the Court of Appeal—
(a) if satisfied that the requirements of sections 78 and 79 are  met, must
make the order applied for;
(b) otherwise, must dismiss the application.
(2) Subsections (3) and (4) apply to an application under sectio n 76(2).
(3) Where the Court of Appeal determines that the acquittal is a  bar to the person
being tried for the qualifying offence, the court—
(a) if satisfied that the requirements of sections 78 and 79 are  met, must
make the order applied for;
(b) otherwise, must make a declaration to the effect that the ac quittal is a
bar to the person being tried for the offence.
(4) Where the Court of Appeal determines that the acquittal is n ot a bar to the
person being tried for the qualifying offence, it must make a d eclaration to that
effect.
78 New and compelling evidence
(1) The requirements of this section are met if there is new and  compelling
evidence against the acquitted person in relation to the qualif ying offence.
(2) Evidence is new if it was not adduced in the proceedings in which the person
was acquitted (nor, if those were appeal proceedings, in earlie r proceedings to
which the appeal related).
(3) Evidence is compelling if—
(a) it is reliable,
(b) it is substantial, andCriminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences53
(c) in the context of the outstanding issues, it appears highly probative of
the case against the acquitted person.
(4) The outstanding issues are the issues in dispute in the proc eedings in which the
person was acquitted and, if those were appeal proceedings, any  other issues
remaining in dispute from earlier proceedings to which the appe al related.
(5) For the purposes of this section, it is irrelevant whether a ny evidence would
have been admissible in earlier proceedings against the acquitt ed person.
79 Interests of justice
(1) The requirements of this section are met if in all the circu mstances it is in the
interests of justice for the court to make the order under sect ion 77.
(2) That question is to be determined having regard in particula r to—
(a) whether existing circumstances make a fair trial unlikely;
(b) for the purposes of that question and otherwise, the length of time since
the qualifying offence was allegedly committed;
(c) whether it is likely that the new evidence would have been a dduced in
the earlier proceedings against the acquitted person but for a failure by
an officer or by a prosecutor to act with due diligence or expe dition;
(d) whether, since those proceedings or, if later, since the com mencement
of this Part, any officer or prosecutor has failed to act with due diligence
or expedition.
(3) In subsection (2) references to an officer or prosecutor inc lude references to a
person charged with corresponding duties under the law in force  elsewhere
than in England and Wales.
(4) Where the earlier prosecution was conducted by a person othe r than a
prosecutor, subsection (2)(c) applies in relation to that perso n as well as in
relation to a prosecutor.
80 Procedure and evidence
(1) A prosecutor who wishes to make an application under section  76(1) or (2)
must give notice of the application to the Court of Appeal.
(2) Within two days beginning with the day on which any such not ice is given,
notice of the application must be served by the prosecutor on t he person to
whom the application relates, charging him with the offence to which it relates
or, if he has been charged with it in accordance with section 8 7(4), stating that
he has been so charged.
(3) Subsection (2) applies whether the person to whom the applic ation relates is in
the United Kingdom or elsewhere, but the Court of Appeal may, o n application
by the prosecutor, extend the time for service under that subse ction if it
considers it necessary to do so because of that person’s absenc e from the
United Kingdom.
(4) The Court of Appeal must consider the application at a heari ng.
(5) The person to whom the application relates—
(a) is entitled to be present at the hearing, although he may be  in custody,
unless he is in custody elsewhere than in England and Wales orNorthern Ireland, andCriminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences54
(b) is entitled to be represented at the hearing, whether he is present or not.
(6) For the purposes of the application, the Court of Appeal may , if it thinks it
necessary or expedient in the interests of justice—
(a) order the production of any document, exhibit or other thing , the
production of which appears to the court to be necessary for th e
determination of the application, and
(b) order any witness who would be a compellable witness in proc eedings
pursuant to an order or declaration made on the application to attend
for examination and be examined before the court.
(7) The Court of Appeal may at one hearing consider more than on e application
(whether or not relating to the same person), but only if the o ffences concerned
could be tried on the same indictment.
81 Appeals
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.(2) In section 33 (right of appeal to House of Lords), after sub section (1A) there is
inserted—
“(1B) An appeal lies to the House of Lords, at the instance of t he acquitted
person or the prosecutor, from any decision of the Court of App eal on
an application under section 76(1) or (2) of the Criminal Justi ce Act 2003
(retrial for serious offences).”
(3) At the end of that section there is inserted—
“(4) In relation to an appeal under subsection (1B), references in this Part to
a defendant are references to the acquitted person.”
(4) In section 34(2) (extension of time for leave to appeal), af ter “defendant” there
is inserted “or, in the case of an appeal under section 33(1B),  by the prosecutor”.
(5) In section 38 (presence of defendant at hearing), for “has b een convicted of an
offence and” substitute “has been convicted of an offence, or i n whose case an
order under section 77 of the Criminal Justice Act 2003 or a de claration under
section 77(4) of that Act has been made, and who”.
82 Restrictions on publication in the interests of justice
(1) Where it appears to the Court of Appeal that the inclusion o f any matter in a
publication would give rise to a substantial risk of prejudice to the
administration of justice in a retrial, the court may order tha t the matter is not
to be included in any publication while the order has effect.
(2) In subsection (1) “retrial” means the trial of an acquitted person for a qualifying
offence pursuant to any order made or that may be made under se ction 77.
(3) The court may make an order under this section only if it ap pears to it
necessary in the interests of justice to do so.
(4) An order under this section may apply to a matter which has been included in
a publication published before the order takes effect, but such  an order—
(a) applies only to the later inclusion of the matter in a publi cation
(whether directly or by inclusion of the earlier publication), and
(b) does not otherwise affect the earlier publication.Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences55
(5) After notice of an application has been given under section 80(1) relating to the
acquitted person and the qualifying offence, the court may make  an order
under this section only—
(a) of its own motion, or
(b) on the application of the Director of Public Prosecutions.
(6) Before such notice has been given, an order under this secti on—
(a) may be made only on the application of the Director of Publi c
Prosecutions, and
(b) may not be made unless, since the acquittal concerned, an in vestigation
of the commission by the acquitted person of the qualifying off ence has
been commenced by officers.
(7) The court may at any time, of its own motion or on an applic ation made by the
Director of Public Prosecutions or the acquitted person, vary o r revoke an
order under this section.
(8) Any order made under this section before notice of an applic ation has been
given under section 80(1) relating to the acquitted person and the qualifying
offence must specify the time when it ceases to have effect.
(9) An order under this section which is made or has effect afte r such notice has
been given ceases to have effect, unless it specifies an earlie r time—
(a) when there is no longer any step that could be taken which w ould lead
to the acquitted person being tried pursuant to an order made o n the
application, or
(b) if he is tried pursuant to such an order, at the conclusion of the trial.
(10) Nothing in this section affects any prohibition or restrict ion by virtue of any
other enactment on the inclusion of any matter in a publication  or any power,
under an enactment or otherwise, to impose such a prohibition o r restriction.
(11) In this section—
“programme service” has the same meaning as in the Broadcasting  Act
1990 (c. 42),
“publication” includes any speech, writing, relevant programme or other
communication in whatever form, which is addressed to the publi c at
large or any section of the public (and for this purpose every relevant
programme is to be taken to be so addressed), but does not incl ude an
indictment or other document prepared for use in particular leg al
proceedings,
“relevant programme” means a programme included in a programme
service.
83 Offences in connection with publication restrictions
(1) This section applies if—
(a) an order under section 82 is made, whether in England and Wa les or
Northern Ireland, and
(b) while the order has effect, any matter is included in a publ ication, in
any part of the United Kingdom, in contravention of the order.
(2) Where the publication is a newspaper or periodical, any prop rietor, editor or
publisher of the newspaper or periodical is guilty of an offenc e.
(3) Where the publication is a relevant programme—Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences56
(a) any body corporate or Scottish partnership engaged in provid ing the
programme service in which the programme is included, and
(b) any person having functions in relation to the programme
corresponding to those of an editor of a newspaper,
is guilty of an offence.
(4) In the case of any other publication, any person publishing it is guilty of an
offence.
(5) If an offence under this section committed by a body corpora te is proved—
(a) to have been committed with the consent or connivance of, or
(b) to be attributable to any neglect on the part of,
an officer, the officer as well as the body corporate is guilty  of the offence and
liable to be proceeded against and punished accordingly.
(6) In subsection (5), “officer” means a director, manager, secr etary or other similar
officer of the body, or a person purporting to act in any such capacity.
(7) If the affairs of a body corporate are managed by its member s, “director” in
subsection (6) means a member of that body.
(8) Where an offence under this section is committed by a Scotti sh partnership and
is proved to have been committed with the consent or connivance  of a partner,
he as well as the partnership shall be guilty of the offence an d shall be liable to
be proceeded against and punished accordingly.
(9) A person guilty of an offence under this section is liable o n summary
conviction to a fine not exceeding level 5 on the standard scal e.
(10) Proceedings for an offence under this section may not be in stituted—
(a) in England and Wales otherwise than by or with the consent o f the
Attorney General, or
(b) in Northern Ireland otherwise than by or with the consent of — 
(i) before the relevant date, the Attorney General for Northern
Ireland, or
(ii) on or after the relevant date, the Director of Public Prose cutions
for Northern Ireland.
(11) In subsection (10) “the relevant date” means the date on wh ich section 22(1) of
the Justice (Northern Ireland) Act 2002 (c. 26) comes into force .
Retrial
84 Retrial
(1) Where a person—
(a) is tried pursuant to an order under section 77(1), or
(b) is tried on indictment pursuant to an order under section 77 (3),
the trial must be on an indictment preferred by direction of th e Court of
Appeal.
(2) After the end of 2 months after the date of the order, the p erson may not be
arraigned on an indictment preferred in pursuance of such a dir ection unless
the Court of Appeal gives leave.
(3) The Court of Appeal must not give leave unless satisfied tha t—Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences57
(a) the prosecutor has acted with due expedition, and 
(b) there is a good and sufficient cause for trial despite the l apse of time
since the order under section 77.
(4) Where the person may not be arraigned without leave, he may apply to the
Court of Appeal to set aside the order and—
(a) for any direction required for restoring an earlier judgment  and verdict
of acquittal of the qualifying offence, or
(b) in the case of a person acquitted elsewhere than in the Unit ed Kingdom,
for a declaration to the effect that the acquittal is a bar to his being tried
for the qualifying offence.
(5) An indictment under subsection (1) may relate to more than o ne offence, or
more than one person, and may relate to an offence which, or a person who, is
not the subject of an order or declaration under section 77.
(6) Evidence given at a trial pursuant to an order under section  77(1) or (3) must
be given orally if it was given orally at the original trial, u nless—
(a) all the parties to the trial agree otherwise,
(b) section 116 applies, or
(c) the witness is unavailable to give evidence, otherwise than as
mentioned in subsection (2) of that section, and section 114(1) (d)
applies.
(7) At a trial pursuant to an order under section 77(1), paragra ph 5 of Schedule 3
to the Crime and Disorder Act 1998 (c. 37) (use of depositions) does not apply
to a deposition read as evidence at the original trial.
Investigations
85 Authorisation of investigations
(1) This section applies to the investigation of the commission of a qualifying
offence by a person—
(a) acquitted in proceedings within section 75(1) of the qualify ing offence,
or
(b) acquitted elsewhere than in the United Kingdom of an offence  the
commission of which as alleged would have amounted to or includ ed
the commission (in the United Kingdom or elsewhere) of the qual ifying
offence.
(2) Subject to section 86, an officer may not do anything within  subsection (3) for
the purposes of such an investigation unless the Director of Pu blic
Prosecutions—
(a) has certified that in his opinion the acquittal would not be  a bar to the
trial of the acquitted person in England and Wales for the qual ifying
offence, or
(b) has given his written consent to the investigation (whether before or
after the start of the investigation).
(3) The officer may not, either with or without the consent of t he acquitted
person—
(a) arrest or question him,
(b) search him or premises owned or occupied by him,Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences58
(c) search a vehicle owned by him or anything in or on such a ve hicle,
(d) seize anything in his possession, or
(e) take his fingerprints or take a sample from him.
(4) The Director of Public Prosecutions may only give his consen t on a written
application, and such an application may be made only by an off icer who—
(a) if he is an officer of the metropolitan police force or the City of London
police force, is of the rank of commander or above, or
(b) in any other case, is of the rank of assistant chief constab le or above.
(5) An officer may make an application under subsection (4) only  if—
(a) he is satisfied that new evidence has been obtained which wo uld be
relevant to an application under section 76(1) or (2) in respec t of the
qualifying offence to which the investigation relates, or
(b) he has reasonable grounds for believing that such new eviden ce is
likely to be obtained as a result of the investigation.
(6) The Director of Public Prosecutions may not give his consent  unless satisfied
that—
(a) there is, or there is likely as a result of the investigatio n to be, sufficient
new evidence to warrant the conduct of the investigation, and
(b) it is in the public interest for the investigation to procee d.
(7) In giving his consent, the Director of Public Prosecutions m ay recommend that
the investigation be conducted otherwise than by officers of a specified police
force or specified team of customs and excise officers.
86 Urgent investigative steps
(1) Section 85 does not prevent an officer from taking any actio n for the purposes
of an investigation if—
(a) the action is necessary as a matter of urgency to prevent th e
investigation being substantially and irrevocably prejudiced,
(b) the requirements of subsection (2) are met, and
(c) either—
(i) the action is authorised under subsection (3), or
(ii) the requirements of subsection (5) are met.
(2) The requirements of this subsection are met if—
(a) there has been no undue delay in applying for consent under section
85(2),
(b) that consent has not been refused, and
(c) taking into account the urgency of the situation, it is not reasonably
practicable to obtain that consent before taking the action.
(3) An officer of the rank of superintendent or above may author ise the action if—
(a) he is satisfied that new evidence has been obtained which wo uld be
relevant to an application under section 76(1) or (2) in respec t of the
qualifying offence to which the investigation relates, or
(b) he has reasonable grounds for believing that such new eviden ce is
likely to be obtained as a result of the investigation.
(4) An authorisation under subsection (3) must—
(a) if reasonably practicable, be given in writing;Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences59
(b) otherwise, be recorded in writing by the officer giving it a s soon as is
reasonably practicable.
(5) The requirements of this subsection are met if—
(a) there has been no undue delay in applying for authorisation under
subsection (3),
(b) that authorisation has not been refused, and
(c) taking into account the urgency of the situation, it is not reasonably
practicable to obtain that authorisation before taking the acti on.
(6) Where the requirements of subsection (5) are met, the action  is nevertheless to
be treated as having been unlawful unless, as soon as reasonabl y practicable
after the action is taken, an officer of the rank of superinten dent or above
certifies in writing that he is satisfied that, when the action  was taken—
(a) new evidence had been obtained which would be relevant to an
application under section 76(1) or (2) in respect of the qualif ying offence
to which the investigation relates, or
(b) the officer who took the action had reasonable grounds for b elieving
that such new evidence was likely to be obtained as a result of  t h e
investigation.
Arrest, custody and bail
87 Arrest and charge
(1) Where section 85 applies to the investigation of the commiss ion of an offence
by any person and no certification has been given under subsect ion (2) of that
section—
(a) a justice of the peace may issue a warrant to arrest that pe rson for that
offence only if satisfied by written information that new evide nce has
been obtained which would be relevant to an application under s ection
76(1) or (2) in respect of the commission by that person of tha t offence,
and
(b) that person may not be arrested for that offence except unde r a warrant
so issued.
(2) Subsection (1) does not affect section 89(3)(b) or 91(3), or  any other power to
arrest a person, or to issue a warrant for the arrest of a pers on, otherwise than
for an offence.
(3) Part 4 of the 1984 Act (detention) applies as follows where a person—
(a) is arrested for an offence under a warrant issued in accorda nce with
subsection (1)(a), or
(b) having been so arrested, is subsequently treated under secti on 34(7) of
that Act as arrested for that offence.
(4) For the purposes of that Part there is sufficient evidence t o charge the person
with the offence for which he has been arrested if, and only if , an officer of the
rank of superintendent or above (who has not been directly invo lved in the
investigation) is of the opinion that the evidence available or  known to him is
sufficient for the case to be referred to a prosecutor to consi der whether consent
should be sought for an application in respect of that person u nder section 76.
(5) For the purposes of that Part it is the duty of the custody officer at each police
station where the person is detained to make available or known  to an officerCriminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences60
at that police station of the rank of superintendent or above a ny evidence
which it appears to him may be relevant to an application under  section 76(1)
or (2) in respect of the offence for which the person has been arrested, and to
do so as soon as practicable—
(a) after the evidence becomes available or known to him, or
(b) if later, after he forms that view.
(6) Section 37 of that Act (including any provision of that sect ion as applied by
section 40(8) of that Act) has effect subject to the following modifications—
(a) in subsection (1)—
(i) for “determine whether he has before him” there is substitut ed
“request an officer of the rank of superintendent or above (whohas not been directly involved in the investigation) todetermine, in accordance with section 87(4) of the CriminalJustice Act 2003, whether there is”;
(ii) for “him to do so” there is substituted “that determination  to be
made”;
(b) in subsection (2)—
(i) for the words from “custody officer determines” to “before h im”
there is substituted “officer determines that there is not suchsufficient evidence”;
(ii) the word “custody” is omitted from the second place where i t
occurs;
(c) in subsection (3)—
(i) the word “custody” is omitted;
(ii) after “may” there is inserted “direct the custody officer t o”;
(d) in subsection (7) for the words from “the custody officer” t o the end of
that subsection there is substituted “an officer of the rank ofsuperintendent or above (who has not been directly involved in the
investigation) determines, in accordance with section 87(4) of the
Criminal Justice Act 2003, that there is sufficient evidence to  charge the
person arrested with the offence for which he was arrested, the  person
arrested shall be charged.”;
(e) subsections (7A), (7B) and (8) do not apply;
(f) after subsection (10) there is inserted—
“(10A) The officer who is requested by the custody officer to ma ke a
determination under subsection (1) above shall make thatdetermination as soon as practicable after the request is made. ”.
(7) Section 40 of that Act has effect as if in subsections (8) a nd (9) of that section
after “(6)” there were inserted “and (10A)”.
(8) Section 42 of that Act has effect as if in subsection (1) of  that section for the
words from “who” to “detained” there were substituted “(who has  not been
directly involved in the investigation)”.
88 Bail and custody before application
(1) In relation to a person charged in accordance with section 8 7(4)—
(a) section 38 of the 1984 Act (including any provision of that section as
applied by section 40(10) of that Act) has effect as if, in sub section (1),
for “either on bail or without bail” there were substituted “on  bail”,Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences61
(b) section 47(3) of that Act does not apply and references in s ection 38 of
that Act to bail are references to bail subject to a duty to ap pear before
the Crown Court at such place as the custody officer may appoin t and
at such time, not later than 24 hours after the person is relea sed, as that
officer may appoint, and
(c) section 43B of the Magistrates’ Courts Act 1980 (c. 43) does not apply.
(2) Where such a person is, after being charged—
(a) kept in police detention, or
(b) detained by a local authority in pursuance of arrangements m ade
under section 38(6) of the 1984 Act,
he must be brought before the Crown Court as soon as practicabl e and, in any
event, not more than 24 hours after he is charged, and section 46 of the 1984 Act
does not apply.
(3) For the purpose of calculating the period referred to in sub section (1) or (2), the
following are to be disregarded—
(a) Sunday,
(b) Christmas Day,
(c) Good Friday, and
(d) any day which is a bank holiday under the Banking and Financ ial
Dealings Act 1971 (c. 80) in the part of the United Kingdom wher e the
person is to appear before the Crown Court as mentioned in subs ection
(1) or, where subsection (2) applies, is for the time being det ained.
(4) Where a person appears or is brought before the Crown Court in accordance
with subsection (1) or (2), the Crown Court may either— 
(a) grant bail for the person to appear, if notice of an applica tion is served
on him under section 80(2), before the Court of Appeal at the h earing of
that application, or
(b) remand the person in custody to be brought before the Crown Court
under section 89(2).
(5) If the Crown Court grants bail under subsection (4), it may revoke bail and
remand the person in custody as referred to in subsection (4)(b ).
(6) In subsection (7) the “relevant period”, in relation to a pe rson granted bail or
remanded in custody under subsection (4), means—
(a) the period of 42 days beginning with the day on which he is granted
bail or remanded in custody under that subsection, or
(b) that period as extended or further extended under subsection  (8).
(7) If at the end of the relevant period no notice of an applica tion under section
76(1) or (2) in relation to the person has been given under sec tion 80(1), the
person—
(a) if on bail subject to a duty to appear as mentioned in subse ction (4)(a),
ceases to be subject to that duty and to any conditions of that  bail, and
(b) if in custody on remand under subsection (4)(b) or (5), must  be released
immediately without bail.
(8) The Crown Court may, on the application of a prosecutor, ext end or further
extend the period mentioned in subsection (6)(a) until a specif ied date, but only
if satisfied that—
(a) the need for the extension is due to some good and sufficien t cause, and
(b) the prosecutor has acted with all due diligence and expediti on.Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences62
89 Bail and custody before hearing
(1) This section applies where notice of an application is given  under section 80(1).
(2) If the person to whom the application relates is in custody under section
88(4)(b) or (5), he must be brought before the Crown Court as s oon as
practicable and, in any event, within 48 hours after the notice  is given.
(3) If that person is not in custody under section 88(4)(b) or ( 5), the Crown Court
may, on application by the prosecutor—
(a) issue a summons requiring the person to appear before the Co urt of
Appeal at the hearing of the application, or
(b) issue a warrant for the person’s arrest, 
and a warrant under paragraph (b) may be issued at any time eve n though a
summons has previously been issued.
(4) Where a summons is issued under subsection (3)(a), the time and place at
which the person must appear may be specified either—
(a) in the summons, or
(b) in a subsequent direction of the Crown Court.
(5) The time or place specified may be varied from time to time by a direction of
the Crown Court.
(6) A person arrested under a warrant under subsection (3)(b) mu st be brought
before the Crown Court as soon as practicable and in any event within 48 hours
after his arrest, and section 81(5) of the Supreme Court Act 19 81 (c. 54) does not
apply.
(7) If a person is brought before the Crown Court under subsecti on (2) or (6) the
court must either—
(a) remand him in custody to be brought before the Court of Appe al at the
hearing of the application, or
(b) grant bail for him to appear before the Court of Appeal at t he hearing.
(8) If bail is granted under subsection (7)(b), the Crown Court may revoke the bail
and remand the person in custody as referred to in subsection ( 7)(a).
(9) For the purpose of calculating the period referred to in sub section (2) or (6), the
following are to be disregarded—
(a) Sunday,
(b) Christmas Day,
(c) Good Friday, and
(d) any day which is a bank holiday under the Banking and Financ ial
Dealings Act 1971 (c. 80) in the part of the United Kingdom wher e the
person is for the time being detained.
90 Bail and custody during and after hearing
(1) The Court of Appeal may, at any adjournment of the hearing o f an application
under section 76(1) or (2)—
(a) remand the person to whom the application relates on bail, o r
(b) remand him in custody.
(2) At a hearing at which the Court of Appeal—
(a) makes an order under section 77,Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences63
(b) makes a declaration under subsection (4) of that section, or
(c) dismisses the application or makes a declaration under subse ction (3)
of that section, if it also gives the prosecutor leave to appea l against its
decision or the prosecutor gives notice that he intends to appl y for such
leave,
the court may make such order as it sees fit for the custody or  bail of the
acquitted person pending trial pursuant to the order or declara tion, or pending
determination of the appeal.
(3) For the purpose of subsection (2), the determination of an a ppeal is pending—
(a) until any application for leave to appeal is disposed of, or  t h e  t i m e
within which it must be made expires;
(b) if leave to appeal is granted, until the appeal is disposed of.
(4) Section 4 of the Bail Act 1976 (c. 63) applies in relation to  the grant of bail under
this section as if in subsection (2) the reference to the Crown  Court included a
reference to the Court of Appeal.
(5) The court may at any time, as it sees fit—
(a) revoke bail granted under this section and remand the person  i n
custody, or
(b) vary an order under subsection (2).
91 Revocation of bail
(1) Where—
(a) a court revokes a person’s bail under this Part, and
(b) that person is not before the court when his bail is revoked ,
the court must order him to surrender himself forthwith to the custody of the
court.
(2) Where a person surrenders himself into the custody of the co urt in compliance
with an order under subsection (1), the court must remand him i n custody.
(3) A person who has been ordered to surrender to custody under subsection (1)
may be arrested without a warrant by an officer if he fails wit hout reasonable
cause to surrender to custody in accordance with the order.
(4) A person arrested under subsection (3) must be brought as so on as practicable,
and, in any event, not more than 24 hours after he is arrested,  before the court
and the court must remand him in custody.
(5) For the purpose of calculating the period referred to in sub section (4), the
following are to be disregarded—
(a) Sunday,
(b) Christmas Day,
(c) Good Friday,
(d) any day which is a bank holiday under the Banking and Financ ial
Dealings Act 1971 (c. 80) in the part of the United Kingdom wher e the
person is for the time being detained.Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences64
Part 10: supplementary
92 Functions of the DPP
(1) Section 1(7) of the Prosecution of Offences Act 1985 (c. 23) (DPP’s functions
exercisable by Crown Prosecutor) does not apply to the provisio ns of this Part
other than section 85(2)(a).
(2) In the absence of the Director of Public Prosecutions, his f unctions under those
provisions may be exercised by a person authorised by him.
(3) An authorisation under subsection (2)—
(a) may relate to a specified person or to persons of a specifie d description,
and
( b ) m a y  b e  g e n e r a l  o r  r e l a t e  t o  a  s p e c i f i e d  f u n c t i o n  o r  s p e c i f i e d
circumstances.
93 Rules of court
(1) Rules of court may make such provision as appears to the aut hority making
them to be necessary or expedient for the purposes of this Part .
(2) Without limiting subsection (1), rules of court may in parti cular make
provision as to procedures to be applied in connection with sec tions 76 to 82,
84 and 88 to 90.
(3) Nothing in this section is to be taken as affecting the gene rality of any
enactment conferring power to make rules of court.
94 Armed Forces: Part 10
(1) Section 31 of the Armed Forces Act 2001 (c. 19) (provision in  consequence of
enactments relating to criminal justice) applies to an enactmen t contained in
this Part so far as relating to matters not specified in subsec tion (2) of that
section as it applies to a criminal justice enactment.
(2) The power under that section to make provision equivalent to  that made in
relation to qualifying offences by an enactment contained in th is Part (with or
without modifications) includes power to make such provision in  relation to
such service offences as the Secretary of State thinks fit.
(3) In subsection (2) “service offence” means an offence under t he Army Act 1955
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or th e Naval
Discipline Act 1957 (c. 53).
95 Interpretation of Part 10
(1) In this Part—
“the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60),
“acquittal” and related expressions are to be read in accordanc e with
section 75(7),
“customs and excise officer” means an officer as defined by sec tion 1(1) of
the Customs and Excise Management Act 1979 (c. 2), or a person t o
whom section 8(2) of that Act applies,
“new evidence” is to be read in accordance with section 78(2),Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences65
“officer”, except in section 83, means an officer of a police f orce or a
customs and excise officer,
“police force” has the meaning given by section 3(3) of the Pro secution of
Offences Act 1985 (c. 23),
“prosecutor” means an individual or body charged with duties to  conduct
criminal prosecutions,
“qualifying offence” has the meaning given by section 75(8).
(2) Subject to rules of court made under section 53(1) of the Su preme Court Act
1981 (c. 54) (power by rules to distribute business of Court of Appeal between
its civil and criminal divisions)—
(a) the jurisdiction of the Court of Appeal under this Part is t o be exercised
by the criminal division of that court, and
(b) references in this Part to the Court of Appeal are to be con strued as
references to that division.
(3) References in this Part to an officer of a specified rank or  above are, in the case
of a customs and excise officer, references to an officer of su ch description as—
(a) appears to the Commissioners of Customs and Excise to compri se
officers of equivalent rank or above, and
(b) is specified by the Commissioners for the purposes of the pr ovision
concerned.
96 Application of Part 10 to Northern Ireland
(1) In its application to Northern Ireland this Part is to have effect subject to the
modifications in this section.
(2) In sections 75(1)(a) and (b), 76(2)(a), 79(3) and 85(2)(a) f or “England and Wales”
substitute “Northern Ireland”.
(3) For section 75(2)(c) substitute—
“(c) in respect of which, in proceedings where he has been found  to
be unfit to be tried in accordance with Article 49 of the Menta l
Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a
finding has been made that he did the act or made the omissioncharged against him.”
(4) In section 75(8) for “Part 1” substitute “Part 2”.(5) In section 81(1) for “Criminal Appeal Act 1968 (c. 19)” subs titute “Criminal
Appeal (Northern Ireland) Act 1980 (c. 47)”.
(6) In section 81(2)—
(a) for “33” substitute “31”, and
(b) for “An” substitute “Subject to the provisions of this Part of this Act,
an”.
(7) In section 81(4)—
(a) for “34(2)” substitute “32(2)”, and
(b) for “33(1B)” substitute “31(1B)”.
(8) In section 82(10) after “enactment” in each place insert “(i ncluding any
provision of Northern Ireland legislation)”.
(9) In section 84(1) and (2) for “preferred” substitute “present ed”.Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences66
(10) Section 84(6) has effect—
(a) as if any reference to a provision of Part 11 were a referen ce to any
corresponding provision contained in an Order in Council to whi ch
section 334(1) applies, at any time when such corresponding pro vision
is in force;
(b) at any other time, with the omission of paragraphs (b) and ( c).
(11) After section 84(6) insert—
“(6A) Article 29 of the Legal Aid, Advice and Assistance (Northe rn Ireland)
Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a pe rson who is
to be tried in accordance with subsection (1) as if—
(a) he had been returned for trial for the offence in question, and
(b) the reference in paragraph (2)(a) of that Article to a magis trates’
court included a reference to the Court of Appeal.”
(12) In section 87—
(a) in subsection (3), for “Part 4 of the 1984 Act” substitute “ Part 5 of the
Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I.
1989/1341 (N. I. 12)) (“the 1989 Order”)”,
(b) in paragraph (b) of that subsection, for “section 34(7) of t hat Act”
substitute “Article 35(8) of that Order”,
(c) in subsection (6)—
(i) for the words from the beginning to “40(8) of that Act)”
substitute “Article 38 of that Order (including any provision o f
that Article as applied by Article 41(8) of that Order)”,
(ii) for “subsection” in each place substitute “paragraph”,
(iii) in paragraph (e), for “subsections (7A), (7B) and (8)” sub stitute
“paragraph (8)”, and
(iv) in paragraph (f), in the inserted paragraph (10A) omit “abo ve”,
(d) for subsection (7) substitute—
“(7) Article 41 of that Order has effect as if in paragraphs (8)  and (9)
of that Article after “(6)” there were inserted “and (10A).”,
(e) in subsection (8)—
(i) for “Section 42 of that Act” substitute “Article 43 of that Order”,
and
(ii) for “subsection (1) of that section” substitute “paragraph (1) of
that Article”.
(13) For section 88(1) substitute—
“(1) In relation to a person charged in accordance with section 87(4)—
(a) Article 39 of the 1989 Order (including any provision of tha t
Article as applied by Article 41(10) of that Order) has effect as if,
in paragraph (1), for “either on bail or without bail” there we re
substituted “on bail”,
(b) Article 48 of that Order has effect as if for paragraphs (1)  to (11)
there were substituted—
“(1) A person who is released on bail shall be subject to a
duty to appear before the Crown Court at such place asthe custody officer may appoint and at such time, notlater than 24 hours after the person is released, as thatofficer may appoint.Criminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences67
(2) The custody officer may require a person who is to be
released on bail to enter into a recognisance conditionedupon his subsequent appearance before the CrownCourt in accordance with paragraph (1).
(3) A recognisance under paragraph (2) may be taken
before the custody officer.”, and
(c) Article 132A of the Magistrates’ Courts (Northern Ireland)
Order 1981 (S.I. 1981/1675 (N.I. 26)) does not apply.
(14) In section 88(2)—
(a) for paragraph (b) substitute—
“(b) detained in a place of safety in pursuance of
arrangements made under Article 39(6) of the 1989Order,”, and
(b) for “section 46 of the 1984 Act” substitute “Article 47 of t he 1989 Order”.
(15) In section 89(6) for “section 81(5) of the Supreme Court Ac t 1981 (c. 54)”
substitute “section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23)”.
(16) For section 90(4) substitute—
“(4) The court may at any time, as it sees fit, vary the conditi ons of bail
granted under this section.”
(17) In section 92(1) for the words from the beginning to “does”  substitute “Sections
30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do”.
(18) Until the coming into force of section 36 of that Act of 20 02 the reference to that
section in subsection (17) is to be read as a reference to Arti cle 4(8) of the
Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 197 2/538 (N.I. 1)).
(19) In section 93(2) for “the Criminal Appeal Rules and the Cro wn Court Rules”
substitute “rules under section 55 of the Judicature (Northern Ireland) Act 1978
and Crown Court Rules”.
(20) In section 93(3) after “enactment” insert “(including any p rovision of Northern
Ireland legislation)”.
(21) In section 95(1) for the definition of “police force” subst itute—
““police force” means—
(a) the Police Service of Northern Ireland or the Police
Service of Northern Ireland Reserve,
(b) the Ministry of Defence Police,
(c) any body of constables appointed under Article 19 of the
Airports (Northern Ireland) Order 1994 (S.I. 1994/426(N.I. 1)), or
(d) any body of special constables appointed in Northern
Ireland under section 79 of the Harbours, Docks andPiers Clauses Act 1847 (c. 27) or section 57 of the CivilAviation Act 1982 (c. 16),”.
(22) Omit section 95(2).
97 Application of Criminal Appeal Acts to proceedings under Part  10
Subject to the provisions of this Part, the Secretary of State may make an order
containing provision, in relation to proceedings before the Cou rt of AppealCriminal Justice Act 2003 (c. 44)
Part 10 — Retrial for serious offences68
under this Part, which corresponds to any provision, in relatio n to appeals or
other proceedings before that court, which is contained in the Criminal Appeal
Act 1968 (c. 19) or the Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
(subject to any specified modifications).
PART 11
EVIDENCE
CHAPTER  1
EVIDENCE  OF BAD CHARACTER
Introductory
98 “Bad character”
References in this Chapter to evidence of a person’s “bad chara cter” are to
evidence of, or of a disposition towards, misconduct on his par t, other than
evidence which—
(a) has to do with the alleged facts of the offence with which t he defendant
is charged, or
(b) is evidence of misconduct in connection with the investigati on or
prosecution of that offence.
99 Abolition of common law rules
(1) The common law rules governing the admissibility of evidence  o f  b a d
character in criminal proceedings are abolished.
(2) Subsection (1) is subject to section 118(1) in so far as it preserves the rule under
which in criminal proceedings a person’s reputation is admissib le for the
purposes of proving his bad character.
Persons other than defendants
100 Non-defendant’s bad character
(1) In criminal proceedings evidence of the bad character of a p erson other than
the defendant is admissible if and only if—
(a) it is important explanatory evidence,
(b) it has substantial probative value in relation to a matter w hich—
(i) is a matter in issue in the proceedings, and
(ii) is of substantial importance in the context of the case as a whole,
or
(c) all parties to the proceedings agree to the evidence being a dmissible.
(2) For the purposes of subsection (1)(a) evidence is important explanatory
evidence if—
(a) without it, the court or jury would find it impossible or di fficult
properly to understand other evidence in the case, and
(b) its value for understanding the case as a whole is substanti al.Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 1 — Evidence of bad character69
(3) In assessing the probative value of evidence for the purpose s of subsection
(1)(b) the court must have regard to the following factors (and  to any others it
considers relevant)—
(a) the nature and number of the events, or other things, to whi ch the
evidence relates;
(b) when those events or things are alleged to have happened or existed;
(c) where—
(i) the evidence is evidence of a person’s misconduct, and
(ii) it is suggested that the evidence has probative value by re ason
of similarity between that misconduct and other allegedmisconduct,
the nature and extent of the similarities and the dissimilariti es between
each of the alleged instances of misconduct;
(d) where—
(i) the evidence is evidence of a person’s misconduct,
(ii) it is suggested that that person is also responsible for th e
misconduct charged, and
(iii) the identity of the person responsible for the misconduct
charged is disputed,
the extent to which the evidence shows or tends to show that th e same
person was responsible each time.
(4) Except where subsection (1)(c) applies, evidence of the bad character of a
person other than the defendant must not be given without leave  of the court.
Defendants
101 Defendant’s bad character
(1) In criminal proceedings evidence of the defendant’s bad char acter is
admissible if, but only if—
(a) all parties to the proceedings agree to the evidence being a dmissible,
(b) the evidence is adduced by the defendant himself or is given  in answer
to a question asked by him in cross-examination and intended to  elicit
it,
(c) it is important explanatory evidence,
(d) it is relevant to an important matter in issue between the d efendant and
the prosecution,
(e) it has substantial probative value in relation to an importa nt matter in
issue between the defendant and a co-defendant,
(f) it is evidence to correct a false impression given by the de fendant, or
(g) the defendant has made an attack on another person’s charact er.
(2) Sections 102 to 106 contain provision supplementing subsecti on (1).
(3) The court must not admit evidence under subsection (1)(d) or  (g) if, on an
application by the defendant to exclude it, it appears to the c ourt that the
admission of the evidence would have such an adverse effect on the fairness of
the proceedings that the court ought not to admit it.
(4) On an application to exclude evidence under subsection (3) t he court must
have regard, in particular, to the length of time between the m atters to whichCriminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 1 — Evidence of bad character70
that evidence relates and the matters which form the subject of  the offence
charged.
102 “Important explanatory evidence”
For the purposes of section 101(1)(c) evidence is important exp lanatory
evidence if—
(a) without it, the court or jury would find it impossible or di fficult
properly to understand other evidence in the case, and
(b) its value for understanding the case as a whole is substanti al.
103 “Matter in issue between the defendant and the prosecution”
(1) For the purposes of section 101(1)(d) the matters in issue b etween the
defendant and the prosecution include—
(a) the question whether the defendant has a propensity to commi t
offences of the kind with which he is charged, except where his  having
such a propensity makes it no more likely that he is guilty of the
offence;
(b) the question whether the defendant has a propensity to be un truthful,
except where it is not suggested that the defendant’s case is u ntruthful
in any respect.
(2) Where subsection (1)(a) applies, a defendant’s propensity to  commit offences
of the kind with which he is charged may (without prejudice to any other way
of doing so) be established by evidence that he has been convic ted of—
(a) an offence of the same description as the one with which he is charged,
or
(b) an offence of the same category as the one with which he is charged.
(3) Subsection (2) does not apply in the case of a particular de fendant if the court
is satisfied, by reason of the length of time since the convict ion or for any other
reason, that it would be unjust for it to apply in his case.
(4) For the purposes of subsection (2)—
(a) two offences are of the same description as each other if th e statement
of the offence in a written charge or indictment would, in each  case, be
in the same terms;
(b) two offences are of the same category as each other if they belong to the
same category of offences prescribed for the purposes of this s ection by
an order made by the Secretary of State.
(5) A category prescribed by an order under subsection (4)(b) mu st consist of
offences of the same type.
(6) Only prosecution evidence is admissible under section 101(1) (d).
104 “Matter in issue between the defendant and a co-defendant”
(1) Evidence which is relevant to the question whether the defen d a n t  h a s  a
propensity to be untruthful is admissible on that basis under s ection 101(1)(e)
only if the nature or conduct of his defence is such as to unde rmine the co-
defendant’s defence.
(2) Only evidence—Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 1 — Evidence of bad character71
(a) which is to be (or has been) adduced by the co-defendant, or
(b) which a witness is to be invited to give (or has given) in c ross-
examination by the co-defendant,
is admissible under section 101(1)(e).
105 “Evidence to correct a false impression”
(1) For the purposes of section 101(1)(f)—
(a) the defendant gives a false impression if he is responsible for the
making of an express or implied assertion which is apt to give the court
or jury a false or misleading impression about the defendant;
(b) evidence to correct such an impression is evidence which has  probative
value in correcting it.
(2) A defendant is treated as being responsible for the making o f an assertion if—
(a) the assertion is made by the defendant in the proceedings (w hether or
not in evidence given by him),
(b) the assertion was made by the defendant—
(i) on being questioned under caution, before charge, about the
offence with which he is charged, or
(ii) on being charged with the offence or officially informed th at he
might be prosecuted for it,
and evidence of the assertion is given in the proceedings,
(c) the assertion is made by a witness called by the defendant,
(d) the assertion is made by any witness in cross-examination in  response
to a question asked by the defendant that is intended to elicit  it, or is
likely to do so, or
(e) the assertion was made by any person out of court, and the d efendant
adduces evidence of it in the proceedings.
(3) A defendant who would otherwise be treated as responsible fo r the making of
an assertion shall not be so treated if, or to the extent that,  he withdraws it or
disassociates himself from it.
(4) Where it appears to the court that a defendant, by means of his conduct (other
than the giving of evidence) in the proceedings, is seeking to give the court or
jury an impression about himself that is false or misleading, t he court may if it
appears just to do so treat the defendant as being responsible for the making of
an assertion which is apt to give that impression.
(5) In subsection (4) “conduct” includes appearance or dress.(6) Evidence is admissible under section 101(1)(f) only if it go es no further than is
necessary to correct the false impression.
(7) Only prosecution evidence is admissible under section 101(1) (f).
106 “Attack on another person’s character”
(1) For the purposes of section 101(1)(g) a defendant makes an a ttack on another
person’s character if—
(a) he adduces evidence attacking the other person’s character,
(b) he (or any legal representative appointed under section 38(4 ) of the
Youth Justice and Criminal Evidence Act 1999 (c. 23) to cross-ex amineCriminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 1 — Evidence of bad character72
a witness in his interests) asks questions in cross-examination  that are
intended to elicit such evidence, or are likely to do so, or
(c) evidence is given of an imputation about the other person ma de by the
defendant—
(i) on being questioned under caution, before charge, about the
offence with which he is charged, or
(ii) on being charged with the offence or officially informed th at he
might be prosecuted for it.
(2) In subsection (1) “evidence attacking the other person’s cha racter” means
evidence to the effect that the other person—
(a) has committed an offence (whether a different offence from t he one
with which the defendant is charged or the same one), or
(b) has behaved, or is disposed to behave, in a reprehensible wa y;
and “imputation about the other person” means an assertion to t hat effect.
(3) Only prosecution evidence is admissible under section 101(1) (g).
107 Stopping the case where evidence contaminated
(1) If on a defendant’s trial before a judge and jury for an off ence—
(a) evidence of his bad character has been admitted under any of
paragraphs (c) to (g) of section 101(1), and
(b) the court is satisfied at any time after the close of the ca se for the
prosecution that—
(i) the evidence is contaminated, and
(ii) the contamination is such that, considering the importance of
the evidence to the case against the defendant, his conviction of
the offence would be unsafe,
the court must either direct the jury to acquit the defendant o f the offence or, if
it considers that there ought to be a retrial, discharge the ju ry.
(2) Where—
(a) a jury is directed under subsection (1) to acquit a defendan t of an
offence, and
(b) the circumstances are such that, apart from this subsection,  the
defendant could if acquitted of that offence be found guilty of  another
offence,
the defendant may not be found guilty of that other offence if the court is
satisfied as mentioned in subsection (1)(b) in respect of it.
(3) If—
(a) a jury is required to determine under section 4A(2) of the C riminal
Procedure (Insanity) Act 1964 (c. 84) whether a person charged o n an
indictment with an offence did the act or made the omission cha rged,
(b) evidence of the person’s bad character has been admitted und er any of
paragraphs (c) to (g) of section 101(1), and
(c) the court is satisfied at any time after the close of the ca se for the
prosecution that—
(i) the evidence is contaminated, and
(ii) the contamination is such that, considering the importance of
the evidence to the case against the person, a finding that he did
the act or made the omission would be unsafe,Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 1 — Evidence of bad character73
the court must either direct the jury to acquit the defendant o f the offence or, if
it considers that there ought to be a rehearing, discharge the jury.
(4) This section does not prejudice any other power a court may have to direct a
jury to acquit a person of an offence or to discharge a jury.
(5) For the purposes of this section a person’s evidence is cont aminated where—
(a) as a result of an agreement or understanding between the per son and
one or more others, or
(b) as a result of the person being aware of anything alleged by  one or more
others whose evidence may be, or has been, given in the proceed ings,
the evidence is false or misleading in any respect, or is diffe rent from what it
would otherwise have been.
108 Offences committed by defendant when a child
(1) Section 16(2) and (3) of the Children and Young Persons Act 1963 (c. 37)
(offences committed by person under 14 disregarded for purposes  of evidence
relating to previous convictions) shall cease to have effect.
(2) In proceedings for an offence committed or alleged to have b een committed by
the defendant when aged 21 or over, evidence of his conviction for an offence
when under the age of 14 is not admissible unless—
(a) both of the offences are triable only on indictment, and
(b) the court is satisfied that the interests of justice require  the evidence to
be admissible.
(3) Subsection (2) applies in addition to section 101.
General
109 Assumption of truth in assessment of relevance or probative value
(1) Subject to subsection (2), a reference in this Chapter to th e relevance or
probative value of evidence is a reference to its relevance or probative value on
the assumption that it is true.
(2) In assessing the relevance or probative value of an item of evidence for any
purpose of this Chapter, a court need not assume that the evide nce is true if it
appears, on the basis of any material before the court (includi ng any evidence
it decides to hear on the matter), that no court or jury could reasonably find it
to be true.
110 Court’s duty to give reasons for rulings
(1) Where the court makes a relevant ruling—
(a) it must state in open court (but in the absence of the jury,  if there is one)
its reasons for the ruling;
(b) if it is a magistrates’ court, it must cause the ruling and the reasons for
it to be entered in the register of the court’s proceedings.
(2) In this section “relevant ruling” means—
(a) a ruling on whether an item of evidence is evidence of a per son’s bad
character;Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 1 — Evidence of bad character74
(b) a ruling on whether an item of such evidence is admissible u nder
section 100 or 101 (including a ruling on an application under section
101(3));
(c) a ruling under section 107.
111 Rules of court
(1) Rules of court may make such provision as appears to the app ropriate
authority to be necessary or expedient for the purposes of this  Act; and the
appropriate authority is the authority entitled to make the rul es.
(2) The rules may, and, where the party in question is the prose cution, must,
contain provision requiring a party who—
(a) proposes to adduce evidence of a defendant’s bad character, or
(b) proposes to cross-examine a witness with a view to eliciting  such
evidence,
to serve on the defendant such notice, and such particulars of or relating to the
evidence, as may be prescribed.
(3) The rules may provide that the court or the defendant may, i n such
circumstances as may be prescribed, dispense with a requirement  imposed by
virtue of subsection (2).
(4) In considering the exercise of its powers with respect to co sts, the court may
take into account any failure by a party to comply with a requi rement imposed
by virtue of subsection (2) and not dispensed with by virtue of  subsection (3).
(5) The rules may—
(a) limit the application of any provision of the rules to presc ribed
circumstances;
(b) subject any provision of the rules to prescribed exceptions;
(c) make different provision for different cases or circumstance s.
(6) Nothing in this section prejudices the generality of any ena ctment conferring
power to make rules of court; and no particular provision of th is section
prejudices any general provision of it.
(7) In this section—
“prescribed” means prescribed by rules of court;
“rules of court” means—
(a) Crown Court Rules;
(b) Criminal Appeal Rules;
(c) rules under section 144 of the Magistrates’ Courts Act 1980
(c. 43).
112 Interpretation of Chapter 1
(1) In this Chapter—
“bad character” is to be read in accordance with section 98;
“criminal proceedings” means criminal proceedings in relation t o which
the strict rules of evidence apply;
“defendant”, in relation to criminal proceedings, means a perso n charged
with an offence in those proceedings; and “co-defendant”, in re lation toCriminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 1 — Evidence of bad character75
a  d e f e n d a n t ,  m e a n s  a  p e r s o n  c h a r g e d  w i t h  a n  o f f e n c e  i n  t h e  s a m e
proceedings;
“important matter” means a matter of substantial importance in the
context of the case as a whole;
“misconduct” means the commission of an offence or other repreh ensible
behaviour;
“offence” includes a service offence;
“probative value”, and “relevant” (in relation to an item of ev idence), are
to be read in accordance with section 109;
“prosecution evidence” means evidence which is to be (or has be en)
adduced by the prosecution, or which a witness is to be invited  to give
(or has given) in cross-examination by the prosecution;
“service offence” means an offence under the Army Act 1955 (3 & 4 Eliz. 2
c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Dis cipline
Act 1957 (c. 53);
“written charge” has the same meaning as in section 29 and also  includes
an information.
(2) Where a defendant is charged with two or more offences in th e same criminal
proceedings, this Chapter (except section 101(3)) has effect as  if each offence
were charged in separate proceedings; and references to the off ence with
which the defendant is charged are to be read accordingly.
(3) Nothing in this Chapter affects the exclusion of evidence— 
(a) under the rule in section 3 of the Criminal Procedure Act 18 65 (c. 18)
against a party impeaching the credit of his own witness by gen eral
evidence of bad character,
(b) under section 41 of the Youth Justice and Criminal Evidence Act 1999
(c. 23) (restriction on evidence or questions about complainant’ s sexual
history), or
(c) on grounds other than the fact that it is evidence of a pers on’s bad
character.
113 Armed forces
Schedule 6 (armed forces) has effect.
CHAPTER  2
HEARSAY  EVIDENCE
Hearsay: main provisions
114 Admissibility of hearsay evidence
(1) In criminal proceedings a statement not made in oral evidenc e in the
proceedings is admissible as evidence of any matter stated if, but only if—
(a) any provision of this Chapter or any other statutory provisi on makes it
admissible,
(b) any rule of law preserved by section 118 makes it admissible ,
(c) all parties to the proceedings agree to it being admissible,  orCriminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence76
(d) the court is satisfied that it is in the interests of justic e for it to be
admissible.
(2) In deciding whether a statement not made in oral evidence sh ould be admitted
under subsection (1)(d), the court must have regard to the foll owing factors
(and to any others it considers relevant)—
(a) how much probative value the statement has (assuming it to b e true) in
relation to a matter in issue in the proceedings, or how valuab le it is for
the understanding of other evidence in the case;
(b) what other evidence has been, or can be, given on the matter  o r
evidence mentioned in paragraph (a);
(c) how important the matter or evidence mentioned in paragraph (a) is in
the context of the case as a whole;
(d) the circumstances in which the statement was made;
(e) how reliable the maker of the statement appears to be;
(f) how reliable the evidence of the making of the statement app ears to be;
(g) whether oral evidence of the matter stated can be given and,  if not, why
it cannot;
(h) the amount of difficulty involved in challenging the stateme nt;
(i) the extent to which that difficulty would be likely to preju dice the party
facing it.
(3) Nothing in this Chapter affects the exclusion of evidence of  a statement on
grounds other than the fact that it is a statement not made in oral evidence in
the proceedings.
115 Statements and matters stated
(1) In this Chapter references to a statement or to a matter sta ted are to be read as
follows.
(2) A statement is any representation of fact or opinion made by  a person by
whatever means; and it includes a representation made in a sket ch, photofit or
other pictorial form.
(3) A matter stated is one to which this Chapter applies if (and  only if) the purpose,
or one of the purposes, of the person making the statement appe ars to the court
to have been—
(a) to cause another person to believe the matter, or
(b) to cause another person to act or a machine to operate on th e basis that
the matter is as stated.
Principal categories of admissibility
116 Cases where a witness is unavailable
(1) In criminal proceedings a statement not made in oral evidenc e in the
proceedings is admissible as evidence of any matter stated if—
(a) oral evidence given in the proceedings by the person who mad e the
statement would be admissible as evidence of that matter,
(b) the person who made the statement (the relevant person) is i dentified
to the court’s satisfaction, and
(c) any of the five conditions mentioned in subsection (2) is sa tisfied.Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence77
(2) The conditions are—
(a) that the relevant person is dead;
(b) that the relevant person is unfit to be a witness because of  his bodily or
mental condition;
(c) that the relevant person is outside the United Kingdom and i t is not
reasonably practicable to secure his attendance;
(d) that the relevant person cannot be found although such steps  as it is
reasonably practicable to take to find him have been taken;
(e) that through fear the relevant person does not give (or does  not
continue to give) oral evidence in the proceedings, either at a ll or in
connection with the subject matter of the statement, and the co urt gives
leave for the statement to be given in evidence.
(3) For the purposes of subsection (2)(e) “fear” is to be widely  construed and (for
example) includes fear of the death or injury of another person  or of financial
loss.
(4) Leave may be given under subsection (2)(e) only if the court  considers that the
statement ought to be admitted in the interests of justice, hav ing regard—
(a) to the statement’s contents,
(b) to any risk that its admission or exclusion will result in u nfairness to
any party to the proceedings (and in particular to how difficul t it will
be to challenge the statement if the relevant person does not g ive oral
evidence),
(c) in appropriate cases, to the fact that a direction under sec tion 19 of the
Youth Justice and Criminal Evidence Act 1999 (c. 23) (special me asures
for the giving of evidence by fearful witnesses etc) could be m ade in
relation to the relevant person, and
(d) to any other relevant circumstances.
(5) A condition set out in any paragraph of subsection (2) which  is in fact satisfied
is to be treated as not satisfied if it is shown that the circu mstances described
in that paragraph are caused—
(a) by the person in support of whose case it is sought to give the statement
in evidence, or
(b) by a person acting on his behalf,
in order to prevent the relevant person giving oral evidence in  the proceedings
(whether at all or in connection with the subject matter of the  statement).
117 Business and other documents
(1) In criminal proceedings a statement contained in a document is admissible as
evidence of any matter stated if—
(a) oral evidence given in the proceedings would be admissible a s
evidence of that matter,
(b) the requirements of subsection (2) are satisfied, and
(c) the requirements of subsection (5) are satisfied, in a case where
subsection (4) requires them to be.
(2) The requirements of this subsection are satisfied if—
(a) the document or the part containing the statement was create d or
received by a person in the course of a trade, business, profes sion or
other occupation, or as the holder of a paid or unpaid office,Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence78
(b) the person who supplied the information contained in the sta tement
(the relevant person) had or may reasonably be supposed to have  had
personal knowledge of the matters dealt with, and
(c) each person (if any) through whom the information was suppli ed from
the relevant person to the person mentioned in paragraph (a) re ceived
the information in the course of a trade, business, profession or other
occupation, or as the holder of a paid or unpaid office.
(3) The persons mentioned in paragraphs (a) and (b) of subsectio n (2) may be the
same person.
(4) The additional requirements of subsection (5) must be satisf ied if the
statement—
(a) was prepared for the purposes of pending or contemplated cri minal
proceedings, or for a criminal investigation, but
(b) was not obtained pursuant to a request under section 7 of th e Crime
(International Co-operation) Act 2003 (c. 32) or an order underparagraph 6 of Schedule 13 to the Criminal Justice Act 1988 (c. 33)
(which relate to overseas evidence).
(5) The requirements of this subsection are satisfied if—
(a) any of the five conditions mentioned in section 116(2) is sa tisfied
(absence of relevant person etc), or
(b) the relevant person cannot reasonably be expected to have an y
recollection of the matters dealt with in the statement (having  regard to
the length of time since he supplied the information and all ot her
circumstances).
(6) A statement is not admissible under this section if the cour t makes a direction
to that effect under subsection (7).
(7) The court may make a direction under this subsection if sati sfied that the
statement’s reliability as evidence for the purpose for which i t is tendered is
doubtful in view of—
(a) its contents,
(b) the source of the information contained in it,
(c) the way in which or the circumstances in which the informati on was
supplied or received, or
(d) the way in which or the circumstances in which the document
concerned was created or received.
118 Preservation of certain common law categories of admissibili ty
(1) The following rules of law are preserved.
Public information etc
1Any rule of law under which in criminal proceedings—
(a) published works dealing with matters of a public nature
(such as histories, scientific works, dictionaries and maps) ar e
admissible as evidence of facts of a public nature stated inthem,
(b) public documents (such as public registers, and returns made
under public authority with respect to matters of publicinterest) are admissible as evidence of facts stated in them,Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence79
(c) records (such as the records of certain courts, treaties, Cr own
grants, pardons and commissions) are admissible as evidenceof facts stated in them, or
(d) evidence relating to a person’s age or date or place of birt h
may be given by a person without personal knowledge of thematter.
Reputation as to character
2 Any rule of law under which in criminal proceedings evidence o f a
person’s reputation is admissible for the purpose of proving hi s
good or bad character.
NoteThe rule is preserved only so far as it allows the court to tre at such
evidence as proving the matter concerned.
Reputation or family tradition
3 Any rule of law under which in criminal proceedings evidence o f
reputation or family tradition is admissible for the purpose ofproving or disproving—
(a) pedigree or the existence of a marriage,
(b) the existence of any public or general right, or
(c) the identity of any person or thing.
Note
The rule is preserved only so far as it allows the court to tre at such
evidence as proving or disproving the matter concerned.
Res gestae
4 Any rule of law under which in criminal proceedings a statemen t is
admissible as evidence of any matter stated if—
(a) the statement was made by a person so emotionally
overpowered by an event that the possibility of concoction ordistortion can be disregarded,
(b) the statement accompanied an act which can be properly
evaluated as evidence only if considered in conjunction withthe statement, or
(c) the statement relates to a physical sensation or a mental st ate
(such as intention or emotion).
Confessions etc
5 Any rule of law relating to the admissibility of confessions o r mixed
statements in criminal proceedings.
Admissions by agents etc
6 Any rule of law under which in criminal proceedings—
(a) an admission made by an agent of a defendant is admissible
against the defendant as evidence of any matter stated, orCriminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence80
(b) a statement made by a person to whom a defendant refers a
person for information is admissible against the defendant asevidence of any matter stated.
Common enterprise
7 Any rule of law under which in criminal proceedings a statemen t
made by a party to a common enterprise is admissible againstanother party to the enterprise as evidence of any matter state d.
Expert evidence
8 Any rule of law under which in criminal proceedings an expert
witness may draw on the body of expertise relevant to his field .
(2) With the exception of the rules preserved by this section, t he common law rules
governing the admissibility of hearsay evidence in criminal pro ceedings are
abolished.
119 Inconsistent statements
(1) If in criminal proceedings a person gives oral evidence and—
(a) he admits making a previous inconsistent statement, or
(b) a previous inconsistent statement made by him is proved by v irtue of
section 3, 4 or 5 of the Criminal Procedure Act 1865 (c. 18),
the statement is admissible as evidence of any matter stated of  which oral
evidence by him would be admissible.
(2) If in criminal proceedings evidence of an inconsistent state ment by any person
is given under section 124(2)(c), the statement is admissible a s evidence of any
matter stated in it of which oral evidence by that person would  be admissible.
120 Other previous statements of witnesses
(1) This section applies where a person (the witness) is called to give evidence in
criminal proceedings.
(2) If a previous statement by the witness is admitted as eviden ce to rebut a
suggestion that his oral evidence has been fabricated, that sta tement is
admissible as evidence of any matter stated of which oral evide nce by the
witness would be admissible.
(3) A statement made by the witness in a document—
(a) which is used by him to refresh his memory while giving evid ence,
(b) on which he is cross-examined, and
(c) which as a consequence is received in evidence in the procee dings,
is admissible as evidence of any matter stated of which oral ev idence by him
would be admissible.
(4) A previous statement by the witness is admissible as evidenc e of any matter
stated of which oral evidence by him would be admissible, if—
(a) any of the following three conditions is satisfied, and
(b) while giving evidence the witness indicates that to the best  of his belief
he made the statement, and that to the best of his belief it st ates the
truth.Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence81
(5) The first condition is that the statement identifies or desc ribes a person, object
or place.
(6) The second condition is that the statement was made by the w itness when the
matters stated were fresh in his memory but he does not remembe r them, and
cannot reasonably be expected to remember them, well enough to give oral
evidence of them in the proceedings.
(7) The third condition is that—
(a) the witness claims to be a person against whom an offence ha s been
committed,
(b) the offence is one to which the proceedings relate,
(c) the statement consists of a complaint made by the witness (w hether to
a person in authority or not) about conduct which would, if pro ved,
constitute the offence or part of the offence,
(d) the complaint was made as soon as could reasonably be expect ed after
the alleged conduct,
(e) the complaint was not made as a result of a threat or a prom ise, and
(f) before the statement is adduced the witness gives oral evide nce in
connection with its subject matter.
(8) For the purposes of subsection (7) the fact that the complai nt was elicited (for
example, by a leading question) is irrelevant unless a threat o r a promise was
involved.
Supplementary
121 Additional requirement for admissibility of multiple hearsay
(1) A hearsay statement is not admissible to prove the fact that  an earlier hearsay
statement was made unless—
(a) either of the statements is admissible under section 117, 11 9 or 120,
(b) all parties to the proceedings so agree, or
(c) the court is satisfied that the value of the evidence in que stion, taking
into account how reliable the statements appear to be, is so hi gh that the
interests of justice require the later statement to be admissib le for that
purpose.
(2) In this section “hearsay statement” means a statement, not m ade in oral
evidence, that is relied on as evidence of a matter stated in i t.
122 Documents produced as exhibits
(1) This section applies if on a trial before a judge and jury f or an offence—
(a) a statement made in a document is admitted in evidence under  section
119 or 120, and
(b) the document or a copy of it is produced as an exhibit.
(2) The exhibit must not accompany the jury when they retire to consider their
verdict unless—
(a) the court considers it appropriate, or
(b) all the parties to the proceedings agree that it should acco mpany the
jury.Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence82
123 Capability to make statement
(1) Nothing in section 116, 119 or 120 makes a statement admissi ble as evidence if
it was made by a person who did not have the required capabilit y at the time
when he made the statement.
(2) Nothing in section 117 makes a statement admissible as evide nce if any person
who, in order for the requirements of section 117(2) to be sati sfied, must at any
time have supplied or received the information concerned or cre ated or
received the document or part concerned—
(a) did not have the required capability at that time, or
(b) cannot be identified but cannot reasonably be assumed to hav e had the
required capability at that time.
(3) For the purposes of this section a person has the required c apability if he is
capable of—
(a) understanding questions put to him about the matters stated,  and
(b) giving answers to such questions which can be understood.
(4) Where by reason of this section there is an issue as to whet her a person had the
required capability when he made a statement—
(a) proceedings held for the determination of the issue must tak e place in
the absence of the jury (if there is one);
(b) in determining the issue the court may receive expert eviden ce and
evidence from any person to whom the statement in question wasmade;
(c) the burden of proof on the issue lies on the party seeking t o adduce the
statement, and the standard of proof is the balance of probabil ities.
124 Credibility
(1) This section applies if in criminal proceedings—
(a) a statement not made in oral evidence in the proceedings is admitted as
evidence of a matter stated, and
(b) the maker of the statement does not give oral evidence in co nnection
with the subject matter of the statement.
(2) In such a case—
(a) any evidence which (if he had given such evidence) would hav e been
admissible as relevant to his credibility as a witness is so ad missible in
the proceedings;
(b) evidence may with the court’s leave be given of any matter w hich (if he
had given such evidence) could have been put to him in cross-examination as relevant to his credibility as a witness but of which
evidence could not have been adduced by the cross-examining par ty;
(c) evidence tending to prove that he made (at whatever time) an y other
statement inconsistent with the statement admitted as evidence is
admissible for the purpose of showing that he contradicted hims elf.
(3) If as a result of evidence admitted under this section an al legation is made
against the maker of a statement, the court may permit a party to lead
additional evidence of such description as the court may specif y for the
purposes of denying or answering the allegation.Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence83
(4) In the case of a statement in a document which is admitted a s evidence under
section 117 each person who, in order for the statement to be a dmissible, must
have supplied or received the information concerned or created or received the
document or part concerned is to be treated as the maker of the  statement for
the purposes of subsections (1) to (3) above.
125 Stopping the case where evidence is unconvincing
(1) If on a defendant’s trial before a judge and jury for an off ence the court is
satisfied at any time after the close of the case for the prose cution that—
(a) the case against the defendant is based wholly or partly on a statement
not made in oral evidence in the proceedings, and
(b) the evidence provided by the statement is so unconvincing th at,
considering its importance to the case against the defendant, h is
conviction of the offence would be unsafe,
the court must either direct the jury to acquit the defendant o f the offence or, if
it considers that there ought to be a retrial, discharge the ju ry.
(2) Where—
(a) a jury is directed under subsection (1) to acquit a defendan t of an
offence, and
(b) the circumstances are such that, apart from this subsection,  the
defendant could if acquitted of that offence be found guilty of  another
offence,
the defendant may not be found guilty of that other offence if the court is
satisfied as mentioned in subsection (1) in respect of it.
(3) If—
(a) a jury is required to determine under section 4A(2) of the C riminal
Procedure (Insanity) Act 1964 (c. 84) whether a person charged o n an
indictment with an offence did the act or made the omission cha rged,
and
(b) the court is satisfied as mentioned in subsection (1) above at any time
after the close of the case for the prosecution that—
(i) the case against the defendant is based wholly or partly on a
statement not made in oral evidence in the proceedings, and
(ii) the evidence provided by the statement is so unconvincing t hat,
considering its importance to the case against the person, afinding that he did the act or made the omission would beunsafe,
the court must either direct the jury to acquit the defendant o f the offence or, if
it considers that there ought to be a rehearing, discharge the jury.
(4) This section does not prejudice any other power a court may have to direct a
jury to acquit a person of an offence or to discharge a jury.
126 Court’s general discretion to exclude evidence
(1) In criminal proceedings the court may refuse to admit a stat ement as evidence
of a matter stated if—
(a) the statement was made otherwise than in oral evidence in th e
proceedings, and
(b) the court is satisfied that the case for excluding the state ment, taking
account of the danger that to admit it would result in undue wa ste ofCriminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence84
time, substantially outweighs the case for admitting it, taking  account
of the value of the evidence.
(2) Nothing in this Chapter prejudices—
(a) any power of a court to exclude evidence under section 78 of  the Police
and Criminal Evidence Act 1984 (c. 60) (exclusion of unfair evid ence),
or
(b) any other power of a court to exclude evidence at its discre tion
(whether by preventing questions from being put or otherwise).
Miscellaneous
127 Expert evidence: preparatory work
(1) This section applies if—
(a) a statement has been prepared for the purposes of criminal
proceedings,
(b) the person who prepared the statement had or may reasonably be
supposed to have had personal knowledge of the matters stated,
(c) notice is given under the appropriate rules that another per son (the
expert) will in evidence given in the proceedings orally or und er section
9 of the Criminal Justice Act 1967 (c. 80) base an opinion or in ference on
the statement, and
(d) the notice gives the name of the person who prepared the sta tement
and the nature of the matters stated.
(2) In evidence given in the proceedings the expert may base an opinion or
inference on the statement.
(3) If evidence based on the statement is given under subsection  (2) the statement
is to be treated as evidence of what it states.
(4) This section does not apply if the court, on an application by a party to the
proceedings, orders that it is not in the interests of justice that it should apply.
(5) The matters to be considered by the court in deciding whethe r to make an
order under subsection (4) include—
(a) the expense of calling as a witness the person who prepared the
statement;
(b) whether relevant evidence could be given by that person whic h could
not be given by the expert;
(c) whether that person can reasonably be expected to remember t he
matters stated well enough to give oral evidence of them.
(6) Subsections (1) to (5) apply to a statement prepared for the  purposes of a
criminal investigation as they apply to a statement prepared fo r the purposes
of criminal proceedings, and in such a case references to the p roceedings are to
criminal proceedings arising from the investigation.
(7) The appropriate rules are rules made—
(a) under section 81 of the Police and Criminal Evidence Act 198 4 (advance
notice of expert evidence in Crown Court), or
(b) under section 144 of the Magistrates’ Courts Act 1980 (c. 43)  by virtue
of section 20(3) of the Criminal Procedure and Investigations A ct 1996
(c. 25) (advance notice of expert evidence in magistrates’ court s).Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence85
128 Confessions
(1) In the Police and Criminal Evidence Act 1984 (c. 60) the foll owing section is
inserted after section 76—
“76A Confessions may be given in evidence for co-accused
(1) In any proceedings a confession made by an accused person ma y be
given in evidence for another person charged in the same procee dings
(a co-accused) in so far as it is relevant to any matter in iss ue in the
proceedings and is not excluded by the court in pursuance of th is
section.
(2) If, in any proceedings where a co-accused proposes to give i n evidence
a confession made by an accused person, it is represented to th e court
that the confession was or may have been obtained—
(a) by oppression of the person who made it; or
(b) in consequence of anything said or done which was likely, in
the circumstances existing at the time, to render unreliable an y
confession which might be made by him in consequencethereof,
the court shall not allow the confession to be given in evidenc e for the
co-accused except in so far as it is proved to the court on the  balance of
probabilities that the confession (notwithstanding that it may be true)
was not so obtained.
(3) Before allowing a confession made by an accused person to be  given in
evidence for a co-accused in any proceedings, the court may of its own
motion require the fact that the confession was not obtained asmentioned in subsection (2) above to be proved in the proceedin gs on
the balance of probabilities.
(4) The fact that a confession is wholly or partly excluded in p ursuance of
this section shall not affect the admissibility in evidence—
(a) of any facts discovered as a result of the confession; or
(b) where the confession is relevant as showing that the accused
speaks, writes or expresses himself in a particular way, of somuch of the confession as is necessary to show that he does so.
(5) Evidence that a fact to which this subsection applies was di scovered as
a result of a statement made by an accused person shall not beadmissible unless evidence of how it was discovered is given by  him or
on his behalf.
(6) Subsection (5) above applies—
(a) to any fact discovered as a result of a confession which is wholly
excluded in pursuance of this section; and
(b) to any fact discovered as a result of a confession which is partly
so excluded, if the fact is discovered as a result of the exclu ded
part of the confession.
(7) In this section “oppression” includes torture, inhuman or de grading
treatment, and the use or threat of violence (whether or not am ounting
to torture).”Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence86
(2) Subject to subsection (1), nothing in this Chapter makes a c onfession by a
defendant admissible if it would not be admissible under sectio n 76 of the
Police and Criminal Evidence Act 1984 (c. 60).
(3) In subsection (2) “confession” has the meaning given by sect ion 82 of that Act.
129 Representations other than by a person
(1) Where a representation of any fact—
(a) is made otherwise than by a person, but
(b) depends for its accuracy on information supplied (directly o r
indirectly) by a person,
the representation is not admissible in criminal proceedings as  evidence of the
fact unless it is proved that the information was accurate.
(2) Subsection (1) does not affect the operation of the presumpt ion that a
mechanical device has been properly set or calibrated.
130 Depositions
In Schedule 3 to the Crime and Disorder Act 1998 (c. 37), sub-pa ragraph (4) of
paragraph 5 is omitted (power of the court to overrule an objec tion to a
deposition being read as evidence by virtue of that paragraph).
131 Evidence at retrial
For paragraphs 1 and 1A of Schedule 2 to the Criminal Appeal Ac t 1968 (c. 19)
(oral evidence and use of transcripts etc at retrials under tha t Act) there is
substituted—
“Evidence
1(1 ) Evidence given at a retrial must be given orally if it was given orally
at the original trial, unless—
(a) all the parties to the retrial agree otherwise;
(b) section 116 of the Criminal Justice Act 2003 applies
(admissibility of hearsay evidence where a witness isunavailable); or
(c) the witness is unavailable to give evidence, otherwise than as
mentioned in subsection (2) of that section, and section114(1)(d) of that Act applies (admission of hearsay evidenceunder residual discretion).
(2) Paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998  (use
of depositions) does not apply at a retrial to a deposition rea d as
evidence at the original trial.”
General
132 Rules of court
(1) Rules of court may make such provision as appears to the app ropriate
authority to be necessary or expedient for the purposes of this  Chapter; and the
appropriate authority is the authority entitled to make the rul es.Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence87
(2) The rules may make provision about the procedure to be follo wed and other
conditions to be fulfilled by a party proposing to tender a sta tement in
evidence under any provision of this Chapter.
(3) The rules may require a party proposing to tender the eviden ce to serve on
each party to the proceedings such notice, and such particulars  of or relating to
the evidence, as may be prescribed.
(4) The rules may provide that the evidence is to be treated as admissible by
agreement of the parties if—
(a) a notice has been served in accordance with provision made u nder
subsection (3), and
(b) no counter-notice in the prescribed form objecting to the ad mission of
the evidence has been served by a party.
(5) If a party proposing to tender evidence fails to comply with  a prescribed
requirement applicable to it—
(a) the evidence is not admissible except with the court’s leave ;
(b) where leave is given the court or jury may draw such inferen ces from
the failure as appear proper;
(c) the failure may be taken into account by the court in consid ering the
exercise of its powers with respect to costs.
(6) In considering whether or how to exercise any of its powers under subsection
(5) the court shall have regard to whether there is any justifi cation for the
failure to comply with the requirement.
(7) A person shall not be convicted of an offence solely on an i nference drawn
under subsection (5)(b).
(8) Rules under this section may—
(a) limit the application of any provision of the rules to presc ribed
circumstances;
(b) subject any provision of the rules to prescribed exceptions;
(c) make different provision for different cases or circumstance s.
(9) Nothing in this section prejudices the generality of any ena ctment conferring
power to make rules of court; and no particular provision of th is section
prejudices any general provision of it.
(10) In this section—
“prescribed” means prescribed by rules of court;“rules of court” means—
(a) Crown Court Rules;
(b) Criminal Appeal Rules;
(c) rules under section 144 of the Magistrates’ Courts Act 1980
(c. 43).
133 Proof of statements in documents
Where a statement in a document is admissible as evidence in cr iminal
proceedings, the statement may be proved by producing either—
(a) the document, or
(b) (whether or not the document exists) a copy of the document or of the
material part of it,Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 2 — Hearsay evidence88
authenticated in whatever way the court may approve.
134 Interpretation of Chapter 2
(1) In this Chapter—
“copy”, in relation to a document, means anything on to which
information recorded in the document has been copied, by whatev er
means and whether directly or indirectly;
“criminal proceedings” means criminal proceedings in relation t o which
the strict rules of evidence apply;
“defendant”, in relation to criminal proceedings, means a perso n charged
with an offence in those proceedings;
“document” means anything in which information of any descripti on is
recorded;
“oral evidence” includes evidence which, by reason of any disab ility,
disorder or other impairment, a person called as a witness give s in
writing or by signs or by way of any device;
“statutory provision” means any provision contained in, or in a n
instrument made under, this or any other Act, including any Actpassed after this Act.
(2) Section 115 (statements and matters stated) contains other g eneral
interpretative provisions.
(3) Where a defendant is charged with two or more offences in th e same criminal
proceedings, this Chapter has effect as if each offence were ch arged in separate
proceedings.
135 Armed forces
Schedule 7 (hearsay evidence: armed forces) has effect.
136 Repeals etc
In the Criminal Justice Act 1988 (c. 33), the following provisio ns (which are to
some extent superseded by provisions of this Chapter) are repea led—
(a) Part 2 and Schedule 2 (which relate to documentary evidence) ;
(b) in Schedule 13, paragraphs 2 to 5 (which relate to documenta ry
evidence in service courts etc).
C
HAPTER  3
MISCELLANEOUS  AND  SUPPLEMENTAL
137 Evidence by video recording
(1) This section applies where—
(a) a person is called as a witness in proceedings for an offenc e triable only
on indictment, or for a prescribed offence triable either way,
(b) the person claims to have witnessed (whether visually or in any other
way)—
(i) events alleged by the prosecution to include conduct
constituting the offence or part of the offence, orCriminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 3 — Miscellaneous and supplemental89
(ii) events closely connected with such events,
(c) he has previously given an account of the events in question  (whether
in response to questions asked or otherwise),
(d) the account was given at a time when those events were fresh  in the
person’s memory (or would have been, assuming the truth of the claim
mentioned in paragraph (b)),
(e) a video recording was made of the account,
(f) the court has made a direction that the recording should be admitted as
evidence in chief of the witness, and the direction has not bee n
rescinded, and
(g) the recording is played in the proceedings in accordance wit h the
direction.
(2) If, or to the extent that, the witness in his oral evidence in the proceedings
asserts the truth of the statements made by him in the recorded  account, they
shall be treated as if made by him in that evidence.
(3) A direction under subsection (1)(f)—
(a) may not be made in relation to a recorded account given by t he
defendant;
(b) may be made only if it appears to the court that—
(i) the witness’s recollection of the events in question is like ly to
have been significantly better when he gave the recordeda c c o u n t  t h a n  i t  w i l l  b e  w h e n  h e  g i v e s  o r a l  e v i d e n c e  i n  t h eproceedings, and
(ii) it is in the interests of justice for the recording to be a dmitted,
having regard in particular to the matters mentioned insubsection (4).
(4) Those matters are—
(a) the interval between the time of the events in question and the time
when the recorded account was made;
(b) any other factors that might affect the reliability of what the witness
said in that account;
(c) the quality of the recording;
(d) any views of the witness as to whether his evidence in chief  should be
given orally or by means of the recording.
(5) For the purposes of subsection (2) it does not matter if the  statements in the
recorded account were not made on oath.
(6) In this section “prescribed” means of a description specifie d in an order made
by the Secretary of State.
138 Video evidence: further provisions
(1) Where a video recording is admitted under section 137, the w itness may not
give evidence in chief otherwise than by means of the recording  as to any
matter which, in the opinion of the court, has been dealt with adequately in the
recorded account.
(2) The reference in subsection (1)(f) of section 137 to the adm ission of a recording
includes a reference to the admission of part of the recording;  and references in
that section and this one to the video recording or to the witn ess’s recorded
account shall, where appropriate, be read accordingly.Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 3 — Miscellaneous and supplemental90
(3) In considering whether any part of a recording should be not  admitted under
section 137, the court must consider—
(a) whether admitting that part would carry a risk of prejudice to the
defendant, and
(b) if so, whether the interests of justice nevertheless require  it to be
admitted in view of the desirability of showing the whole, orsubstantially the whole, of the recorded interview.
(4) A court may not make a direction under section 137(1)(f) in relation to any
proceedings unless—
(a) the Secretary of State has notified the court that arrangeme nts can be
made, in the area in which it appears to the court that the pro ceedings
will take place, for implementing directions under that section , and
(b) the notice has not been withdrawn.
(5) Nothing in section 137 affects the admissibility of any vide o recording which
would be admissible apart from that section.
139 Use of documents to refresh memory
(1) A person giving oral evidence in criminal proceedings about any matter may,
at any stage in the course of doing so, refresh his memory of i t from a document
made or verified by him at an earlier time if—
(a) he states in his oral evidence that the document records his  recollection
of the matter at that earlier time, and
(b) his recollection of the matter is likely to have been signif icantly better
at that time than it is at the time of his oral evidence.
(2) Where—
(a) a person giving oral evidence in criminal proceedings about any matter
has previously given an oral account, of which a sound recordin g was
made, and he states in that evidence that the account represent ed his
recollection of the matter at that time,
(b) his recollection of the matter is likely to have been signif icantly better
at the time of the previous account than it is at the time of h is oral
evidence, and
(c) a transcript has been made of the sound recording,
he may, at any stage in the course of giving his evidence, refr esh his memory
of the matter from that transcript.
140 Interpretation of Chapter 3
In this Chapter—
“criminal proceedings” means criminal proceedings in relation t o which
the strict rules of evidence apply;
“defendant”, in relation to criminal proceedings, means a perso n charged
with an offence in those proceedings;
“document” means anything in which information of any descripti on is
recorded, but not including any recording of sounds or moving i mages;
“oral evidence” includes evidence which, by reason of any disab ility,
disorder or other impairment, a person called as a witness give s in
writing or by signs or by way of any device;Criminal Justice Act 2003 (c. 44)
Part 11 — Evidence
Chapter 3 — Miscellaneous and supplemental91
“video recording” means any recording, on any medium, from whic h a
moving image may by any means be produced, and includes theaccompanying sound-track.
141 Saving
No provision of this Part has effect in relation to criminal pr oceedings begun
before the commencement of that provision.
P
ART 12
SENTENCING
CHAPTER  1
GENERAL  PROVISIONS  ABOUT  SENTENCING
Matters to be taken into account in sentencing
142 Purposes of sentencing
(1) Any court dealing with an offender in respect of his offence  must have regard
to the following purposes of sentencing—
(a) the punishment of offenders,
(b) the reduction of crime (including its reduction by deterrenc e),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, and
(e) the making of reparation by offenders to persons affected by  their
offences.
(2) Subsection (1) does not apply—
(a) in relation to an offender who is aged under 18 at the time of conviction,
(b) to an offence the sentence for which is fixed by law,
(c) to an offence the sentence for which falls to be imposed und er section
51A(2) of the Firearms Act 1968 (c. 27) (minimum sentence for ce rtain
firearms offences), under subsection (2) of section 110 or 111 of the
Sentencing Act (required custodial sentences) or under any of s ections
225 to 228 of this Act (dangerous offenders), or
(d) in relation to the making under Part 3 of the Mental Health Act 1983
(c. 20) of a hospital order (with or without a restriction order ), an
interim hospital order, a hospital direction or a limitation di rection.
(3) In this Chapter “sentence”, in relation to an offence, inclu des any order made
by a court when dealing with the offender in respect of his off ence; and
“sentencing” is to be construed accordingly.
143 Determining the seriousness of an offence
(1) In considering the seriousness of any offence, the court mus t consider the
offender’s culpability in committing the offence and any harm w hich the
offence caused, was intended to cause or might forseeably have caused.
(2) In considering the seriousness of an offence (“the current o ffence”) committed
by an offender who has one or more previous convictions, the co urt must treatCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing92
each previous conviction as an aggravating factor if (in the ca se of that
conviction) the court considers that it can reasonably be so tr eated having
regard, in particular, to—
(a) the nature of the offence to which the conviction relates an d its
relevance to the current offence, and
(b) the time that has elapsed since the conviction.
(3) In considering the seriousness of any offence committed whil e the offender
was on bail, the court must treat the fact that it was committe d in those
circumstances as an aggravating factor.
( 4 ) A n y  r e f e r e n c e  i n  s u b s e c t i o n  ( 2 )  t o  a  p r e v i o u s  c o n v i c t i o n  i s  t o  b e  r e a d  a s  a
reference to—
(a) a previous conviction by a court in the United Kingdom, or
(b) a previous finding of guilt in service disciplinary proceedi ngs.
(5) Subsections (2) and (4) do not prevent the court from treati ng a previous
conviction by a court outside the United Kingdom as an aggravat ing factor in
any case where the court considers it appropriate to do so.
144 Reduction in sentences for guilty pleas
(1) In determining what sentence to pass on an offender who has pleaded guilty
to an offence in proceedings before that or another court, a co urt must take into
account—
(a) the stage in the proceedings for the offence at which the of fender
indicated his intention to plead guilty, and
(b) the circumstances in which this indication was given.
(2) In the case of an offence the sentence for which falls to be  imposed under
subsection (2) of section 110 or 111 of the Sentencing Act, not hing in that
subsection prevents the court, after taking into account any ma tter referred to
in subsection (1) of this section, from imposing any sentence w hich is not less
than 80 per cent of that specified in that subsection.
145 Increase in sentences for racial or religious aggravation
(1) This section applies where a court is considering the seriou sness of an offence
other than one under sections 29 to 32 of the Crime and Disorde r Act 1998
(c. 37) (racially or religiously aggravated assaults, criminal d amage, public
order offences and harassment etc).
(2) If the offence was racially or religiously aggravated, the c ourt—
(a) must treat that fact as an aggravating factor, and
(b) must state in open court that the offence was so aggravated.
(3) Section 28 of the Crime and Disorder Act 1998 (meaning of “r acially or
religiously aggravated”) applies for the purposes of this secti on as it applies for
the purposes of sections 29 to 32 of that Act.
146 Increase in sentences for aggravation related to disability or sexual 
orientation
(1) This section applies where the court is considering the seri ousness of an
offence committed in any of the circumstances mentioned in subs ection (2).Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing93
(2) Those circumstances are—
(a) that, at the time of committing the offence, or immediately before or
after doing so, the offender demonstrated towards the victim of  the
offence hostility based on—
(i) the sexual orientation (or presumed sexual orientation) of t he
victim, or
(ii) a disability (or presumed disability) of the victim, or
(b) that the offence is motivated (wholly or partly)—
(i) by hostility towards persons who are of a particular sexual
orientation, or
(ii) by hostility towards persons who have a disability or a
particular disability.
(3) The court—
(a) must treat the fact that the offence was committed in any of  those
circumstances as an aggravating factor, and
(b) must state in open court that the offence was committed in s uch
circumstances.
(4) It is immaterial for the purposes of paragraph (a) or (b) of  s u b s e c t i o n  ( 2 )
whether or not the offender’s hostility is also based, to any e xtent, on any other
factor not mentioned in that paragraph.
(5) In this section “disability” means any physical or mental im pairment.
General restrictions on community sentences
147 Meaning of “community sentence” etc.
(1) In this Part “community sentence” means a sentence which con sists of or
includes—
(a) a community order (as defined by section 177), or
(b) one or more youth community orders.
(2) In this Chapter “youth community order” means—
(a) a curfew order as defined by section 163 of the Sentencing A ct,
(b) an exclusion order under section 40A(1) of that Act,
(c) an attendance centre order as defined by section 163 of that  Act,
(d) a supervision order under section 63(1) of that Act, or
(e) an action plan order under section 69(1) of that Act.
148 Restrictions on imposing community sentences
(1) A court must not pass a community sentence on an offender un less it is of the
opinion that the offence, or the combination of the offence and  one or more
offences associated with it, was serious enough to warrant such  a sentence.
(2) Where a court passes a community sentence which consists of or includes a
community order—
(a) the particular requirement or requirements forming part of t he
community order must be such as, in the opinion of the court, i s, or
taken together are, the most suitable for the offender, andCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing94
(b) the restrictions on liberty imposed by the order must be suc h as in the
opinion of the court are commensurate with the seriousness of t he
offence, or the combination of the offence and one or more offe nces
associated with it.
(3) Where a court passes a community sentence which consists of or includes one
or more youth community orders—
(a) the particular order or orders forming part of the sentence must be such
as, in the opinion of the court, is, or taken together are, the  most suitable
for the offender, and
(b) the restrictions on liberty imposed by the order or orders m ust be such
as in the opinion of the court are commensurate with the seriou sness of
the offence, or the combination of the offence and one or more offences
associated with it.
(4) Subsections (1) and (2)(b) have effect subject to section 15 1(2).
149 Passing of community sentence on offender remanded in custod y
(1) In determining the restrictions on liberty to be imposed by a community order
or youth community order in respect of an offence, the court ma y have regard
to any period for which the offender has been remanded in custo dy in
connection with the offence or any other offence the charge for  w h i c h  w a s
founded on the same facts or evidence.
(2) In subsection (1) “remanded in custody” has the meaning give n by section
242(2).
150 Community sentence not available where sentence fixed by law  etc.
The power to make a community order or youth community order is  n o t
exercisable in respect of an offence for which the sentence—
(a) is fixed by law, 
(b) falls to be imposed under section 51A(2) of the Firearms Act  1968 (c. 27)
(required custodial sentence for certain firearms offences),
(c) falls to be imposed under section 110(2) or 111(2) of the Se ntencing Act
(requirement to impose custodial sentences for certain repeatedoffences committed by offenders aged 18 or over), or
(d) falls to be imposed under any of sections 225 to 228 of this  Act
(requirement to impose custodial sentences for certain offencescommitted by offenders posing risk to public).
151 Community order for persistent offender previously fined
(1) Subsection (2) applies where—
(a) a person aged 16 or over is convicted of an offence (“the cu rrent
offence”),
(b) on three or more previous occasions he has, on conviction by  a court in
the United Kingdom of any offence committed by him after attain ing
the age of 16, had passed on him a sentence consisting only of a fine,
and
(c) despite the effect of section 143(2), the court would not (a part from this
section) regard the current offence, or the combination of the currentCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing95
offence and one or more offences associated with it, as being s erious
enough to warrant a community sentence.
(2) The court may make a community order in respect of the curre nt offence
instead of imposing a fine if it considers that, having regard to all the
circumstances including the matters mentioned in subsection (3) , it would be
in the interests of justice to make such an order.
(3) The matters referred to in subsection (2) are—
(a) the nature of the offences to which the previous convictions  mentioned
in subsection (1)(b) relate and their relevance to the current offence, and
(b) the time that has elapsed since the offender’s conviction of  each of those
offences.
(4) In subsection (1)(b), the reference to conviction by a court  in the United
Kingdom includes a reference to the finding of guilt in service  disciplinary
proceedings; and, in relation to any such finding of guilt, the  reference to the
sentence passed is a reference to the punishment awarded.
(5) For the purposes of subsection (1)(b), a compensation order does not form part
of an offender’s sentence.
(6) For the purposes of subsection (1)(b), it is immaterial whet her on other
previous occasions a court has passed on the offender a sentenc e not consisting
only of a fine.
(7) This section does not limit the extent to which a court may,  in accordance with
section 143(2), treat any previous convictions of the offender as increasing the
seriousness of an offence.
General restrictions on discretionary custodial sentences
152 General restrictions on imposing discretionary custodial sen tences
(1) This section applies where a person is convicted of an offen ce punishable with
a custodial sentence other than one—
(a) fixed by law, or
(b) falling to be imposed under section 51A(2) of the Firearms A ct 1968
(c. 27), under 110(2) or 111(2) of the Sentencing Act or under a ny of
sections 225 to 228 of this Act.
(2) The court must not pass a custodial sentence unless it is of  the opinion that the
offence, or the combination of the offence and one or more offe nces associated
with it, was so serious that neither a fine alone nor a communi ty sentence can
be justified for the offence.
(3) Nothing in subsection (2) prevents the court from passing a custodial sentence
on the offender if—
(a)  he fails to express his willingness to comply with a requir ement which
is proposed by the court to be included in a community order an d
which requires an expression of such willingness, or
(b) he fails to comply with an order under section 161(2) (pre-s entence
drug testing).Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing96
153 Length of discretionary custodial sentences: general provisi on
(1) This section applies where a court passes a custodial senten ce other than one
fixed by law or falling to be imposed under section 225 or 226.
(2) Subject to section 51A(2) of the Firearms Act 1968 (c. 27), s ections 110(2) and
111(2) of the Sentencing Act and sections 227(2) and 228(2) of this Act, the
custodial sentence must be for the shortest term (not exceeding  the permitted
maximum) that in the opinion of the court is commensurate with the
seriousness of the offence, or the combination of the offence a nd one or more
offences associated with it.
General limit on magistrates’ court’s power to impose imprisonm ent
154 General limit on magistrates’ court’s power to impose impris onment
(1) A magistrates’ court does not have power to impose imprisonm ent for more
than 12 months in respect of any one offence.
(2) Unless expressly excluded, subsection (1) applies even if th e offence in
question is one for which a person would otherwise be liable on  summary
conviction to imprisonment for more than 12 months.
(3) Subsection (1) is without prejudice to section 133 of the Ma gistrates’ Courts Act
1980 (c. 43) (consecutive terms of imprisonment).
(4) Any power of a magistrates’ court to impose a term of impris onment for non-
payment of a fine, or for want of sufficient distress to satisf y a fine, is not
limited by virtue of subsection (1).
(5) In subsection (4) “fine” includes a pecuniary penalty but do es not include a
pecuniary forfeiture or pecuniary compensation.
(6) In this section “impose imprisonment” means pass a sentence of imprisonment
or fix a term of imprisonment for failure to pay any sum of mon ey, or for want
of sufficient distress to satisfy any sum of money, or for fail ure to do or abstain
from doing anything required to be done or left undone.
(7) Section 132 of the Magistrates’ Courts Act 1980 contains pro visions about the
minimum term of imprisonment which may be imposed by a magistra tes’
court.
155 Consecutive terms of imprisonment
(1) Section 133 of the Magistrates’ Courts Act 1980 (consecutive  terms of
imprisonment) is amended as follows.
(2) In subsection (1), for “6 months” there is substituted “65 w eeks”.
(3) Subsection (2) is omitted.
(4) In subsection (3) for “the preceding subsections” there is s ubstituted
“subsection (1) above”.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing97
Procedural requirements for imposing community sentences and di scretionary custodial 
sentences
156 Pre-sentence reports and other requirements
(1) In forming any such opinion as is mentioned in section 148(1 ), (2)(b) or (3)(b),
section 152(2) or section 153(2), a court must take into accoun t all such
information as is available to it about the circumstances of th e offence or (as the
case may be) of the offence and the offence or offences associa ted with it,
including any aggravating or mitigating factors.
(2) In forming any such opinion as is mentioned in section 148(2 )(a) or (3)(a), the
court may take into account any information about the offender which is before
it.
(3) Subject to subsection (4), a court must obtain and consider a pre-sentence
report before—
(a) in the case of a custodial sentence, forming any such opinio n as is
mentioned in section 152(2), section 153(2), section 225(1)(b),  s e c t i o n
226(1)(b), section 227(1)(b) or section 228(1)(b)(i), or
(b) in the case of a community sentence, forming any such opinio n as is
mentioned in section 148(1), (2)(b) or (3)(b) or any opinion as  to the
suitability for the offender of the particular requirement orrequirements to be imposed by the community order.
(4) Subsection (3) does not apply if, in the circumstances of th e case, the court is of
the opinion that it is unnecessary to obtain a pre-sentence rep ort.
(5) In a case where the offender is aged under 18, the court mus t not form the
opinion mentioned in subsection (4) unless—
(a) there exists a previous pre-sentence report obtained in resp ect of the
offender, and
(b) the court has had regard to the information contained in tha t report, or,
if there is more than one such report, the most recent report.
(6) No custodial sentence or community sentence is invalidated b y the failure of a
court to obtain and consider a pre-sentence report before formi ng an opinion
referred to in subsection (3), but any court on an appeal again st such a
sentence—
(a) must, subject to subsection (7), obtain a pre-sentence repor t if none was
obtained by the court below, and
(b) must consider any such report obtained by it or by that cour t.
(7) Subsection (6)(a) does not apply if the court is of the opin ion—
(a) that the court below was justified in forming an opinion tha t it was
unnecessary to obtain a pre-sentence report, or
(b) that, although the court below was not justified in forming that opinion,
in the circumstances of the case at the time it is before the c ourt, it is
unnecessary to obtain a pre-sentence report.
(8) In a case where the offender is aged under 18, the court mus t not form the
opinion mentioned in subsection (7) unless—
(a) there exists a previous pre-sentence report obtained in resp ect of the
offender, and
(b) the court has had regard to the information contained in tha t report, or,
if there is more than one such report, the most recent report.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing98
157 Additional requirements in case of mentally disordered offen der
(1) Subject to subsection (2), in any case where the offender is  or appears to be
mentally disordered, the court must obtain and consider a medic al report
before passing a custodial sentence other than one fixed by law .
(2) Subsection (1) does not apply if, in the circumstances of th e case, the court is of
the opinion that it is unnecessary to obtain a medical report.
(3) Before passing a custodial sentence other than one fixed by law on an offender
who is or appears to be mentally disordered, a court must consi der—
(a) any information before it which relates to his mental condit ion
(whether given in a medical report, a pre-sentence report or ot herwise),
and
(b) the likely effect of such a sentence on that condition and o n any
treatment which may be available for it.
(4) No custodial sentence which is passed in a case to which sub section (1) applies
is invalidated by the failure of a court to comply with that su bsection, but any
court on an appeal against such a sentence—
(a) must obtain a medical report if none was obtained by the cou rt below,
and
(b) must consider any such report obtained by it or by that cour t.
(5) In this section “mentally disordered”, in relation to any pe rson, means
suffering from a mental disorder within the meaning of the Ment al Health Act
1983 (c. 20).
(6) In this section “medical report” means a report as to an off ender’s mental
condition made or submitted orally or in writing by a registere d medical
practitioner who is approved for the purposes of section 12 of the Mental
Health Act 1983 by the Secretary of State as having special exp erience in the
diagnosis or treatment of mental disorder.
(7) Nothing in this section is to be taken to limit the generali ty of section 156.
158 Meaning of “pre-sentence report”
(1) In this Part “pre-sentence report” means a report which—
(a) with a view to assisting the court in determining the most s uitable
method of dealing with an offender, is made or submitted by anappropriate officer, and
(b) contains information as to such matters, presented in such m anner, as
may be prescribed by rules made by the Secretary of State.
(2) In subsection (1) “an appropriate officer” means—
(a) where the offender is aged 18 or over, an officer of a local  probation
board, and
(b) where the offender is aged under 18, an officer of a local p robation
board, a social worker of a local authority social services dep artment or
a member of a youth offending team.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing99
Disclosure of pre-sentence reports etc
159 Disclosure of pre-sentence reports
(1) This section applies where the court obtains a pre-sentence report, other than
a report given orally in open court.
(2) Subject to subsections (3) and (4), the court must give a co py of the report—
(a) to the offender or his counsel or solicitor,
(b) if the offender is aged under 18, to any parent or guardian of his who is
present in court, and
(c) to the prosecutor, that is to say, the person having the con duct of the
proceedings in respect of the offence.
(3) If the offender is aged under 18 and it appears to the court  that the disclosure
to the offender or to any parent or guardian of his of any info rmation contained
in the report would be likely to create a risk of significant h arm to the offender,
a complete copy of the report need not be given to the offender  or, as the case
may be, to that parent or guardian.
(4) If the prosecutor is not of a description prescribed by orde r made by the
Secretary of State, a copy of the report need not be given to t he prosecutor if the
court considers that it would be inappropriate for him to be gi ven it.
(5) No information obtained by virtue of subsection (2)(c) may b e used or
disclosed otherwise than for the purpose of—
(a) determining whether representations as to matters contained in the
report need to be made to the court, or
(b) making such representations to the court.
(6) In relation to an offender aged under 18 for whom a local au thority have
parental responsibility and who—
(a) is in their care, or
(b) is provided with accommodation by them in the exercise of an y social
services functions,
references in this section to his parent or guardian are to be read as references
to that authority.
(7) In this section and section 160— 
“harm” has the same meaning as in section 31 of the Children Ac t 1989
(c. 41);
“local authority” and “parental responsibility” have the same m eanings as
in that Act;
“social services functions”, in relation to a local authority, has the meaning
given by section 1A of the Local Authority Social Services Act 1970
(c. 42).
160 Other reports of local probation boards and members of youth  offending 
teams
(1) This section applies where—
(a) a report by an officer of a local probation board or a membe r of a youth
offending team is made to any court (other than a youth court) with a
view to assisting the court in determining the most suitable me thod of
dealing with any person in respect of an offence, andCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing100
(b) the report is not a pre-sentence report.
(2) Subject to subsection (3), the court must give a copy of the  report—
(a) to the offender or his counsel or solicitor, and
(b) if the offender is aged under 18, to any parent or guardian of his who is
present in court.
(3) If the offender is aged under 18 and it appears to the court  that the disclosure
to the offender or to any parent or guardian of his of any info rmation contained
in the report would be likely to create a risk of significant h arm to the offender,
a complete copy of the report need not be given to the offender , or as the case
may be, to that parent or guardian.
(4) In relation to an offender aged under 18 for whom a local au thority have
parental responsibility and who—
(a) is in their care, or
(b) is provided with accommodation by them in the exercise of an y social
services functions,
references in this section to his parent or guardian are to be read as references
to that authority.
Pre-sentence drug testing
161 Pre-sentence drug testing
(1) Where a person aged 14 or over is convicted of an offence an d the court is
considering passing a community sentence or a suspended sentenc e, it may
make an order under subsection (2) for the purpose of ascertain ing whether the
offender has any specified Class A drug in his body.
(2) The order requires the offender to provide, in accordance wi th the order,
samples of any description specified in the order.
(3) Where the offender has not attained the age of 17, the order  must provide for
the samples to be provided in the presence of an appropriate ad ult.
(4) If it is proved to the satisfaction of the court that the of fender has, without
reasonable excuse, failed to comply with the order it may impos e on him a fine
of an amount not exceeding level 4.
(5) In subsection (4) “level 4” means the amount which, in relat ion to a fine for a
summary offence, is level 4 on the standard scale.
(6) The court may not make an order under subsection (2) unless it has been
notified by the Secretary of State that the power to make such orders is
exercisable by the court and the notice has not been withdrawn.
(7) The Secretary of State may by order amend subsection (1) by substituting for
the age for the time being specified there a different age spec ified in the order.
(8) In this section— 
“appropriate adult”, in relation to a person under the age of 1 7, means—
(a) his parent or guardian or, if he is in the care of a local a uthority
or voluntary organisation, a person representing that authorityor organisation,Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing101
(b) a social worker of a local authority social services departm ent,
or
(c) if no person falling within paragraph (a) or (b) is availabl e, any
responsible person aged 18 or over who is not a police officer or
a person employed by the police;
“specified Class A drug” has the same meaning as in Part 3 of t he Criminal
Justice and Court Services Act 2000 (c. 43).
Fines
162 Powers to order statement as to offender’s financial circums tances
(1) Where an individual has been convicted of an offence, the co urt may, before
sentencing him, make a financial circumstances order with respe ct to him.
(2) Where a magistrates’ court has been notified in accordance w ith section 12(4)
of the Magistrates’ Courts Act 1980 (c. 43) that an individual d esires to plead
guilty without appearing before the court, the court may make a  financial
circumstances order with respect to him.
(3) In this section “a financial circumstances order” means, in relation to any
individual, an order requiring him to give to the court, within  such period as
may be specified in the order, such a statement of his financia l circumstances
as the court may require.
(4) An individual who without reasonable excuse fails to comply with a financial
circumstances order is liable on summary conviction to a fine n ot exceeding
level 3 on the standard scale.
(5) If an individual, in furnishing any statement in pursuance o f a financial
circumstances order—
(a) makes a statement which he knows to be false in a material p articular,
(b) recklessly furnishes a statement which is false in a materia l particular,
or
(c) knowingly fails to disclose any material fact,
he is liable on summary conviction to a fine not exceeding leve l 4 on the
standard scale.
(6) Proceedings in respect of an offence under subsection (5) ma y,
notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980
(c. 43) (limitation of time), be commenced at any time within t wo years from
the date of the commission of the offence or within six months from its first
discovery by the prosecutor, whichever period expires the earli er.
163 General power of Crown Court to fine offender convicted on i ndictment
Where a person is convicted on indictment of any offence, other  than an offence
for which the sentence is fixed by law or falls to be imposed u nder section
110(2) or 111(2) of the Sentencing Act or under any of sections  225 to 228 of this
Act, the court, if not precluded from sentencing an offender by  its exercise of
some other power, may impose a fine instead of or in addition t o dealing with
him in any other way in which the court has power to deal with him, subject
however to any enactment requiring the offender to be dealt wit h in a
particular way.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing102
164 Fixing of fines
(1) Before fixing the amount of any fine to be imposed on an off ender who is an
individual, a court must inquire into his financial circumstanc es.
(2) The amount of any fine fixed by a court must be such as, in the opinion of the
court, reflects the seriousness of the offence.
(3) In fixing the amount of any fine to be imposed on an offende r (whether an
individual or other person), a court must take into account the  circumstances
of the case including, among other things, the financial circum stances of the
offender so far as they are known, or appear, to the court.
(4) Subsection (3) applies whether taking into account the finan cial circumstances
of the offender has the effect of increasing or reducing the am ount of the fine.
(5) Where—
(a) an offender has been convicted in his absence in pursuance o f section
11 or 12 of the Magistrates’ Courts Act 1980 (c. 43) (non-appear ance of
accused), or
(b) an offender—
(i) has failed to furnish a statement of his financial circumsta nces
in response to a request which is an official request for thepurposes of section 20A of the Criminal Justice Act 1991 (c.53)(offence of making false statement as to financialcircumstances),
(ii) has failed to comply with an order under section 162(1), or
(iii) has otherwise failed to co-operate with the court in its i nquiry
into his financial circumstances,
and the court considers that it has insufficient information to  make a proper
determination of the financial circumstances of the offender, i t may make such
determination as it thinks fit.
165 Remission of fines
(1) This section applies where a court has, in fixing the amount  of a fine,
determined the offender’s financial circumstances under section  164(5).
(2) If, on subsequently inquiring into the offender’s financial circumstances, the
court is satisfied that had it had the results of that inquiry when sentencing the
offender it would—
(a) have fixed a smaller amount, or
(b) not have fined him,
it may remit the whole or part of the fine.
(3) Where under this section the court remits the whole or part of a fine after a term
of imprisonment has been fixed under section 139 of the Sentenc ing Act
(powers of Crown Court in relation to fines) or section 82(5) o f the Magistrates’
Courts Act 1980 (magistrates’ powers in relation to default) it  must reduce the
term by the corresponding proportion.
(4) In calculating any reduction required by subsection (3), any  fraction of a day is
to be ignored.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing103
Savings for power to mitigate etc
166 Savings for powers to mitigate sentences and deal appropriat ely with 
mentally disordered offenders
(1) Nothing in—
(a) section 148 (imposing community sentences),
(b) section 152, 153 or 157 (imposing custodial sentences),
(c) section 156 (pre-sentence reports and other requirements),
(d) section 164 (fixing of fines),
prevents a court from mitigating an offender’s sentence by taki ng into account
any such matters as, in the opinion of the court, are relevant in mitigation of
sentence.
(2) Section 152(2) does not prevent a court, after taking into a ccount such matters,
from passing a community sentence even though it is of the opin ion that the
offence, or the combination of the offence and one or more offe nces associated
with it, was so serious that a community sentence could not nor mally be
justified for the offence.
(3) Nothing in the sections mentioned in subsection (1)(a) to (d ) prevents a court—
(a) from mitigating any penalty included in an offender’s senten ce by
taking into account any other penalty included in that sentence , and
(b) in the case of an offender who is convicted of one or more o ther
offences, from mitigating his sentence by applying any rule of law as to
the totality of sentences.
(4) Subsections (2) and (3) are without prejudice to the general ity of subsection (1).
(5) Nothing in the sections mentioned in subsection (1)(a) to (d ) is to be taken—
(a) as requiring a court to pass a custodial sentence, or any pa rticular
custodial sentence, on a mentally disordered offender, or
(b) as restricting any power (whether under the Mental Health Ac t 1983
(c. 20) or otherwise) which enables a court to deal with such an  offender
in the manner it considers to be most appropriate in all thecircumstances.
(6) In subsection (5) “mentally disordered”, in relation to a pe rson, means
suffering from a mental disorder within the meaning of the Ment al Health Act
1983.
Sentencing and allocation guidelines
167 The Sentencing Guidelines Council
(1) There shall be a Sentencing Guidelines Council (in this Chap ter referred to as
the Council) consisting of—
(a) the Lord Chief Justice, who is to be chairman of the Council ,
(b) seven members (in this section and section 168 referred to a s “judicial
members”) appointed by the Lord Chancellor after consultation w ith
the Secretary of State and the Lord Chief Justice, and
(c) four members (in this section and section 168 referred to as  “non-
judicial members”) appointed by the Secretary of State afterconsultation with the Lord Chancellor and the Lord Chief Justic e.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing104
(2) A person is eligible to be appointed as a judicial member if  he is—
(a) a Lord Justice of Appeal,
(b) a judge of the High Court,
(c) a Circuit judge,
(d) a District Judge (Magistrates’ Courts), or
(e) a lay justice.
(3) The judicial members must include a Circuit judge, a Distric t Judge
(Magistrates’ Courts) and a lay justice.
(4) A person is eligible for appointment as a non-judicial membe r if he appears to
the Secretary of State to have experience in one or more of the  following
areas—
(a) policing,
(b) criminal prosecution,
(c) criminal defence, and
(d) the promotion of the welfare of victims of crime.
(5) The persons eligible for appointment as a non-judicial membe r by virtue of
experience of criminal prosecution include the Director of Publ ic Prosecutions.
(6) The non-judicial members must include at least one person ap pearing to the
Secretary of State to have experience in each area.
(7) The Lord Chief Justice must appoint one of the judicial memb ers or non-
judicial members to be deputy chairman of the Council.
(8) In relation to any meeting of the Council from which the Lor d Chief Justice is
to be absent, he may nominate any person eligible for appointme nt as a judicial
member to act as a member on his behalf at the meeting.
(9) The Secretary of State may appoint a person appearing to him  to have
experience of sentencing policy and the administration of sente nces to attend
and speak at any meeting of the Council.
(10) In this section and section 168 “lay justice” means a justi ce of the peace who is
not a District Judge (Magistrates’ Courts).
168 Sentencing Guidelines Council: supplementary provisions
(1) In relation to the Council, the Lord Chancellor may by order  make provision—
(a) as to the term of office, resignation and re-appointment of judicial
members and non-judicial members,
(b) enabling the appropriate Minister to remove a judicial membe r or non-
judicial member from office on grounds of incapacity or misbeha viour,
and
(c)  as to the proceedings of the Council.
(2) In subsection (1)(b) “the appropriate Minister” means—
(a) in relation to a judicial member, the Lord Chancellor, and
(b) in relation to a non-judicial member, the Secretary of State .
(3) The validity of anything done by the Council is not affected  by any vacancy
among its members, by any defect in the appointment of a member  or by any
failure to comply with section 167(3), (6) or (7).Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing105
(4) The Lord Chancellor may pay—
(a) to any judicial member who is appointed by virtue of being a  lay justice,
such remuneration or expenses as he may determine, and
(b) to any other judicial member or the Lord Chief Justice, such  expenses
as he may determine.
(5) The Secretary of State may pay to any non-judicial member su ch remuneration
or expenses as he may determine.
169 The Sentencing Advisory Panel
(1) There shall continue to be a Sentencing Advisory Panel (in t his Chapter
referred to as “the Panel”) constituted by the Lord Chancellor after
consultation with the Secretary of State and the Lord Chief Jus tice.
(2) The Lord Chancellor must, after consultation with the Secret ary of State and
the Lord Chief Justice, appoint one of the members of the Panel  to be its
chairman.
(3) The Lord Chancellor may pay to any member of the Panel such remuneration
or expenses as he may determine.
170 Guidelines relating to sentencing and allocation
(1) In this Chapter—
(a)  “sentencing guidelines” means guidelines relating to the se ntencing of
offenders, which may be general in nature or limited to a parti cular
category of offence or offender, and
(b) “allocation guidelines” means guidelines relating to decisio ns by a
magistrates’ court under section 19 of the Magistrates’ Courts Act 1980
(c. 43) as to whether an offence is more suitable for summary tr ial or
trial on indictment.
(2) The Secretary of State may at any time propose to the Counci l—
(a) that sentencing guidelines be framed or revised by the Counc il—
(i) in respect of offences or offenders of a particular category , or
(ii) in respect of a particular matter affecting sentencing, or 
(b) that allocation guidelines be framed or revised by the Counc il.
(3) The Council may from time to time consider whether to frame sentencing
guidelines or allocation guidelines and, if it receives— 
(a) a proposal under section 171(2) from the Panel, or
(b) a proposal under subsection (2) from the Secretary of State,
must consider whether to do so.
(4) Where sentencing guidelines or allocation guidelines have be en issued by the
Council as definitive guidelines, the Council must from time to  time (and, in
particular, if it receives a proposal under section 171(2) from  the Panel or under
subsection (2) from the Secretary of State) consider whether to  revise them.
(5) Where the Council decides to frame or revise sentencing guid elines, the
matters to which the Council must have regard include—
(a) the need to promote consistency in sentencing,
(b) the sentences imposed by courts in England and Wales for off ences to
which the guidelines relate,Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing106
(c) the cost of different sentences and their relative effective ness in
preventing re-offending,
(d) the need to promote public confidence in the criminal justic e system,
and
(e) the views communicated to the Council, in accordance with se ction
171(3)(b), by the Panel.
(6) Where the Council decides to frame or revise allocation guid elines, the matters
to which the Council must have regard include—
(a) the need to promote consistency in decisions under section 1 9 of the
Magistrates’ Courts Act 1980 (c. 43), and
(b) the views communicated to the Council, in accordance with se ction
171(3)(b), by the Panel.
(7) Sentencing guidelines in respect of an offence or category o f offences must
include criteria for determining the seriousness of the offence  or offences,
including (where appropriate) criteria for determining the weig ht to be given
to any previous convictions of offenders.
(8) Where the Council has prepared or revised any sentencing gui delines or
allocation guidelines, it must—
(a) publish them as draft guidelines, and
(b) consult about the draft guidelines—
(i) the Secretary of State, 
(ii) such persons as the Lord Chancellor, after consultation wit h the
Secretary of State, may direct, and
(iii) such other persons as the Council considers appropriate.
(9) The Council may, after making any amendment of the draft gui delines which
it considers appropriate, issue the guidelines as definitive gu idelines.
171 Functions of Sentencing Advisory Panel in relation to guidel ines
(1) Where the Council decides to frame or revise any sentencing guidelines or
allocation guidelines, otherwise than in response to a proposal  from the Panel
under subsection (2), the Council must notify the Panel.
(2) The Panel may at any time propose to the Council— 
(a) that sentencing guidelines be framed or revised by the Counc il—
(i) in respect of offences or offenders of a particular category , or
(ii) in respect of a particular matter affecting sentencing, or
(b) that allocation guidelines be framed or revised by the Counc il.
(3) Where the Panel receives a notification under subsection (1)  or makes a
proposal under subsection (2), the Panel must—
(a) obtain and consider the views on the matters in issue of suc h persons
or bodies as may be determined, after consultation with the Sec retary
of State and the Lord Chancellor, by the Council, and
(b) formulate its own views on those matters and communicate the m to the
Council.
(4) Paragraph (a) of subsection (3) does not apply where the Cou ncil notifies the
Panel of the Council’s view that the urgency of the case makes it impracticable
for the Panel to comply with that paragraph.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing107
172 Duty of court to have regard to sentencing guidelines
(1) Every court must— 
(a) in sentencing an offender, have regard to any guidelines whi ch are
relevant to the offender’s case, and
(b) in exercising any other function relating to the sentencing of offenders,
have regard to any guidelines which are relevant to the exercis e of the
function.
(2) In subsection (1) “guidelines” means sentencing guidelines i ssued by the
Council under section 170(9) as definitive guidelines, as revis ed by subsequent
guidelines so issued.
173 Annual report by Council
(1) The Council must as soon as practicable after the end of eac h financial year
make to the Ministers a report on the exercise of the Council’s  functions during
the year.
(2) If section 167 comes into force after the beginning of a fin ancial year, the first
report may relate to a period beginning with the day on which t hat section
comes into force and ending with the end of the next financial year.
(3) The Ministers must lay a copy of the report before each Hous e of Parliament.
(4) The Council must publish the report once the copy has been s o laid.
(5) In this section—
“financial year” means a period of 12 months ending with 31st M arch;
“the Ministers” means the Secretary of State and the Lord Chanc ellor.
Duty of court to explain sentence
174 Duty to give reasons for, and explain effect of, sentence
(1) Subject to subsections (3) and (4), any court passing senten ce on an offender—
(a) must state in open court, in ordinary language and in genera l terms, its
reasons for deciding on the sentence passed, and
(b) must explain to the offender in ordinary language—
(i) the effect of the sentence,
(ii) where the offender is required to comply with any order of the
court forming part of the sentence, the effects of non-compliance with the order,
(iii) any power of the court, on the application of the offender  or any
other person, to vary or review any order of the court formingpart of the sentence, and
(iv) where the sentence consists of or includes a fine, the effe cts of
failure to pay the fine.
(2) In complying with subsection (1)(a), the court must—
(a) where guidelines indicate that a sentence of a particular ki nd, or within
a particular range, would normally be appropriate for the offen ce and
the sentence is of a different kind, or is outside that range, state the
court’s reasons for deciding on a sentence of a different kind or outside
that range,Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing108
(b) where the sentence is a custodial sentence and the duty in s ubsection
(2) of section 152 is not excluded by subsection (1)(a) or (b) or (3) of that
section, state that it is of the opinion referred to in section  152(2) and
why it is of that opinion,
(c) where the sentence is a community sentence and the case does  not fall
within section 151(2), state that it is of the opinion that sec tion 148(1)
applies and why it is of that opinion,
(d) where as a result of taking into account any matter referred  to in section
144(1), the court imposes a punishment on the offender which is  less
severe than the punishment it would otherwise have imposed, sta te
that fact, and
(e) in any case, mention any aggravating or mitigating factors w hich the
court has regarded as being of particular importance.
(3) Subsection (1)(a) does not apply—
(a) to an offence the sentence for which is fixed by law (provis ion relating
to sentencing for such an offence being made by section 270), o r
(b) to an offence the sentence for which falls to be imposed und er section
51A(2) of the Firearms Act 1968 (c. 27) or under subsection (2) of section
110 or 111 of the Sentencing Act (required custodial sentences) .
(4) The Secretary of State may by order—
(a) prescribe cases in which subsection (1)(a) or (b) does not a pply, and
(b) prescribe cases in which the statement referred to in subsec tion (1)(a) or
the explanation referred to in subsection (1)(b) may be made in  the
absence of the offender, or may be provided in written form.
(5) Where a magistrates’ court passes a custodial sentence, it m ust cause any
reason stated by virtue of subsection (2)(b) to be specified in  the warrant of
commitment and entered on the register.
(6) In this section—
“guidelines” has the same meaning as in section 172;
“the register” has the meaning given by section 163 of the Sent encing Act.
Publication of information by Secretary of State
175 Duty to publish information about sentencing
In section 95 of the Criminal Justice Act 1991 (c. 53) (informat ion for financial
and other purposes) in subsection (1) before the “or” at the en d of paragraph
(a) there is inserted—
“(aa) enabling such persons to become aware of the relative
effectiveness of different sentences— 
(i) in preventing re-offending, and
(ii) in promoting public confidence in the criminal justice
system;”.
Interpretation of Chapter
176 Interpretation of Chapter 1
In this Chapter—Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing109
“allocation guidelines” has the meaning given by section 170(1) (b);
“the Council” means the Sentencing Guidelines Council;
“the Panel” means the Sentencing Advisory Panel;“sentence” and “sentencing” are to be read in accordance with s ection
142(3);
“sentencing guidelines” has the meaning given by section 170(1) (a);
“youth community order” has the meaning given by section 147(2) .
C
HAPTER  2
COMMUNITY  ORDERS : OFFENDERS  AGED  16 OR OVER
177 Community orders
(1) Where a person aged 16 or over is convicted of an offence, t he court by or
before which he is convicted may make an order (in this Part re ferred to as a
“community order”) imposing on him any one or more of the follo wing
requirements—
(a) an unpaid work requirement (as defined by section 199),
(b) an activity requirement (as defined by section 201),
(c) a programme requirement (as defined by section 202),
(d) a prohibited activity requirement (as defined by section 203 ),
(e) a curfew requirement (as defined by section 204),
(f) an exclusion requirement (as defined by section 205),
(g) a residence requirement (as defined by section 206),
(h) a mental health treatment requirement (as defined by section  207),
(i) a drug rehabilitation requirement (as defined by section 209 ),
(j) an alcohol treatment requirement (as defined by section 212) ,
(k) a supervision requirement (as defined by section 213), and
(l) in a case where the offender is aged under 25, an attendance  centre
requirement (as defined by section 214).
(2) Subsection (1) has effect subject to sections 150 and 218 an d to the following
provisions of Chapter 4 relating to particular requirements—
(a) section 199(3) (unpaid work requirement),
(b) section 201(3) and (4) (activity requirement),
(c) section 202(4) and (5) (programme requirement),
(d) section 203(2) (prohibited activity requirement),
(e) section 207(3) (mental health treatment requirement), 
(f) section 209(2) (drug rehabilitation requirement), and
(g) section 212(2) and (3) (alcohol treatment requirement).
(3) Where the court makes a community order imposing a curfew re quirement or
an exclusion requirement, the court must also impose an electro nic monitoring
requirement (as defined by section 215) unless—
(a) it is prevented from doing so by section 215(2) or 218(4), o r
(b) in the particular circumstances of the case, it considers it  inappropriate
to do so.
(4) Where the court makes a community order imposing an unpaid w ork
requirement, an activity requirement, a programme requirement, a prohibitedCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 2 — Community orders: offenders aged 16 or over110
activity requirement, a residence requirement, a mental health treatment
requirement, a drug rehabilitation requirement, an alcohol trea tment
requirement, a supervision requirement or an attendance centre requirement,
the court may also impose an electronic monitoring requirement unless
prevented from doing so by section 215(2) or 218(4).
(5) A community order must specify a date, not more than three y ears after the
date of the order, by which all the requirements in it must hav e been complied
with; and a community order which imposes two or more differentrequirements falling within subsection (1) may also specify an earlier date or
dates in relation to compliance with any one or more of them.
(6) Before making a community order imposing two or more differe nt
requirements falling within subsection (1), the court must cons ider whether, in
the circumstances of the case, the requirements are compatible with each other.
178 Power to provide for court review of community orders
(1) The Secretary of State may by order—
(a) enable or require a court making a community order to provid e for the
community order to be reviewed periodically by that or another court,
(b) enable a court to amend a community order so as to include o r remove
a provision for review by a court, and
(c) make provision as to the timing and conduct of reviews and a s to the
powers of the court on a review.
(2) An order under this section may, in particular, make provisi on in relation to
community orders corresponding to any provision made by section s 191 and
192 in relation to suspended sentence orders.
(3) An order under this section may repeal or amend any provisio n of this Part.
179 Breach, revocation or amendment of community order
Schedule 8 (which relates to failures to comply with the requir ements of
community orders and to the revocation or amendment of such ord ers) shall
have effect.
180 Transfer of community orders to Scotland or Northern Ireland
Schedule 9 (transfer of community orders to Scotland or Norther n Ireland)
shall have effect.
C
HAPTER  3
PRISON  SENTENCES  OF LESS THAN  12 MONTHS
Prison sentences of less than twelve months
181 Prison sentences of less than 12 months
(1) Any power of a court to impose a sentence of imprisonment fo r a term of less
than 12 months on an offender may be exercised only in accordan ce with theCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months111
following provisions of this section unless the court makes an intermittent
custody order (as defined by section 183).
(2) The term of the sentence—
(a) must be expressed in weeks,
(b) must be at least 28 weeks,
(c) must not be more than 51 weeks in respect of any one offence , and
(d) must not exceed the maximum term permitted for the offence.
(3) The court, when passing sentence, must—
(a) specify a period (in this Chapter referred to as “the custod ial period”)
at the end of which the offender is to be released on a licence , and
(b) by order require the licence to be granted subject to condit ions
requiring the offender’s compliance during the remainder of the  term
(in this Chapter referred to as “the licence period”) or any pa rt of it with
one or more requirements falling within section 182(1) and spec ified in
the order.
(4) In this Part “custody plus order” means an order under subse ction (3)(b).
(5) The custodial period—
(a) must be at least 2 weeks, and
(b) in respect of any one offence, must not be more than 13 week s.
(6) In determining the term of the sentence and the length of th e custodial period,
the court must ensure that the licence period is at least 26 we eks in length.
(7) Where a court imposes two or more terms of imprisonment in a ccordance with
this section to be served consecutively—
(a) the aggregate length of the terms of imprisonment must not b e more
than 65 weeks, and
(b) the aggregate length of the custodial periods must not be mo re than 26
weeks.
(8) A custody plus order which specifies two or more requirement s may, in
relation to any requirement, refer to compliance within such pa rt of the licence
period as is specified in the order.
(9) Subsection (3)(b) does not apply where the sentence is a sus pended sentence.
182 Licence conditions
(1) The requirements falling within this subsection are—
(a) an unpaid work requirement (as defined by section 199),
(b) an activity requirement (as defined by section 201),
(c) a programme requirement (as defined by section 202),
(d) a prohibited activity requirement (as defined by section 203 ),
(e) a curfew requirement (as defined by section 204),
(f) an exclusion requirement (as defined by section 205),
(g) a supervision requirement (as defined by section 213), and
(h) in a case where the offender is aged under 25, an attendance  centre
requirement (as defined by section 214).Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months112
(2) The power under section 181(3)(b) to determine the condition s of the licence
has effect subject to section 218 and to the following provisio ns of Chapter 4
relating to particular requirements—
(a) section 199(3) (unpaid work requirement),
(b) section 201(3) and (4) (activity requirement),
(c) section 202(4) and (5) (programme requirement), and
(d) section 203(2) (prohibited activity requirement).
(3) Where the court makes a custody plus order requiring a licen ce to contain a
curfew requirement or an exclusion requirement, the court must also require
the licence to contain an electronic monitoring requirement (as  defined by
section 215) unless—
(a) the court is prevented from doing so by section 215(2) or 21 8(4), or
(b) in the particular circumstances of the case, it considers it  inappropriate
to do so.
(4) Where the court makes a custody plus order requiring a licen ce to contain an
unpaid work requirement, an activity requirement, a programme r equirement,
a prohibited activity requirement, a supervision requirement or  an attendance
centre requirement, the court may also require the licence to c ontain an
electronic monitoring requirement unless the court is prevented  from doing so
by section 215(2) or 218(4).
(5) Before making a custody plus order requiring a licence to co ntain two or more
different requirements falling within subsection (1), the court  must consider
whether, in the circumstances of the case, the requirements are  compatible
with each other.
Intermittent custody
183 Intermittent custody
(1) A court may, when passing a sentence of imprisonment for a t erm complying
with subsection (4)—
(a) specify the number of days that the offender must serve in p rison under
the sentence before being released on licence for the remainder  of the
term, and
(b) by order—
(i) specify periods during which the offender is to be released
temporarily on licence before he has served that number of daysin prison, and
(ii) require any licence to be granted subject to conditions req uiring
the offender’s compliance during the licence periods with oneor more requirements falling within section 182(1) and specifie d
in the order.
(2) In this Part “intermittent custody order” means an order und er subsection
(1)(b).
(3) In this Chapter—
“licence period”, in relation to a term of imprisonment to whic h an
intermittent custody order relates, means any period during whi ch the
offender is released on licence by virtue of subsection (1)(a) or (b)(i);Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months113
“the number of custodial days”, in relation to a term of impris onment to
which an intermittent custody order relates, means the number o f days
specified under subsection (1)(a).
(4) The term of the sentence—
(a) must be expressed in weeks,
(b) must be at least 28 weeks,
(c) must not be more than 51 weeks in respect of any one offence , and
(d) must not exceed the maximum term permitted for the offence.
(5) The number of custodial days—
(a) must be at least 14, and
(b) in respect of any one offence, must not be more than 90.
(6) A court may not exercise its powers under subsection (1) unl ess the offender
has expressed his willingness to serve the custodial part of th e proposed
sentence intermittently, during the parts of the sentence that are not to be
licence periods.
(7) Where a court exercises its powers under subsection (1) in r espect of two or
more terms of imprisonment that are to be served consecutively—
(a) the aggregate length of the terms of imprisonment must not b e more
than 65 weeks, and
(b) the aggregate of the numbers of custodial days must not be m ore than
180.
(8) The Secretary of State may by order require a court, in spec ifying licence
periods under subsection (1)(b)(i), to specify only—
(a) periods of a prescribed duration,
(b) periods beginning or ending at prescribed times, or
(c) periods including, or not including, specified parts of the week.
(9) An intermittent custody order which specifies two or more re quirements may,
in relation to any requirement, refer to compliance within such  licence period
or periods, or part of a licence period, as is specified in the  order.
184 Restrictions on power to make intermittent custody order
(1) A court may not make an intermittent custody order unless it  has been notified
by the Secretary of State that arrangements for implementing su ch orders are
available in the area proposed to be specified in the intermitt ent custody order
and the notice has not been withdrawn.
(2) The court may not make an intermittent custody order in resp ect of any
offender unless—
(a) it has consulted an officer of a local probation board,
(b) it has received from the Secretary of State notification tha t suitable
prison accommodation is available for the offender during thecustodial periods, and
(c) it appears to the court that the offender will have suitable
accommodation available to him during the licence periods.
(3) In this section “custodial period”, in relation to a sentenc e to which an
intermittent custody order relates, means any part of the sente nce that is not a
licence period.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months114
185 Intermittent custody: licence conditions
(1) Section 183(1)(b) has effect subject to section 218 and to t he following
provisions of Chapter 4 limiting the power to require the licen ce to contain
particular requirements—
(a) section 199(3) (unpaid work requirement),
(b) section 201(3) and (4) (activity requirement),
(c) section 202(4) and (5) (programme requirement), and
(d) section 203(2) (prohibited activity requirement).
(2) Subsections (3) to (5) of section 182 have effect in relatio n to an intermittent
custody order as they have effect in relation to a custody plus  order.
186 Further provisions relating to intermittent custody
(1) Section 21 of the 1952 Act (expenses of conveyance to prison ) does not apply in
relation to the conveyance to prison at the end of any licence period of an
offender to whom an intermittent custody order relates.
(2) The Secretary of State may pay to any offender to whom an in termittent
custody order relates the whole or part of any expenses incurre d by the
offender in travelling to and from prison during licence period s.
(3) In section 49 of the 1952 Act (persons unlawfully at large) after subsection (4)
there is inserted—
“(4A) For the purposes of this section a person shall also be de emed to be
unlawfully at large if, having been temporarily released in pur suance
of an intermittent custody order made under section 183 of theCriminal Justice Act 2003, he remains at large at a time when, by reason
of the expiry of the period for which he was temporarily releas ed, he is
liable to be detained in pursuance of his sentence.”
(4) In section 23 of the Criminal Justice Act 1961 (c. 39) (priso n rules), in subsection
(3) for “The days” there is substituted “Subject to subsection (3A), the days”
and after subsection (3) there is inserted—
“(3A) In relation to a prisoner to whom an intermittent custody order under
section 183 of the Criminal Justice Act 2003 relates, the only days to
which subsection (3) applies are Christmas Day, Good Friday and  any
day which under the Banking and Financial Dealings Act 1971 is a bank
holiday in England and Wales.”
(5) In section 1 of the Prisoners (Return to Custody) Act 1995 ( c. 16) (remaining at
large after temporary release) after subsection (1) there is in serted—
“(1A) A person who has been temporarily released in pursuance of  a n
intermittent custody order made under section 183 of the Crimin al
Justice Act 2003 is guilty of an offence if, without reasonable  excuse, he
remains unlawfully at large at any time after becoming so at la rge by
virtue of the expiry of the period for which he was temporarilyreleased.”
(6) In this section “the 1952 Act” means the Prison Act 1952 (c. 52).Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months115
Further provision about custody plus orders and intermittent cu stody orders
187 Revocation or amendment of order
S c h e d u l e  10  ( w h i c h  c o n t a i n s  p r o v i s i o n s  r e l a t i n g  t o  t h e  r e v o c a t i on or
amendment of custody plus orders and the amendment of intermitt ent
custody orders) shall have effect.
188 Transfer of custody plus orders and intermittent custody ord ers to Scotland or 
Northern Ireland
Schedule 11 (transfer of custody plus orders and intermittent c ustody orders to
Scotland or Northern Ireland) shall have effect.
Suspended sentences
189 Suspended sentences of imprisonment
(1) A court which passes a sentence of imprisonment for a term o f at least 28 weeks
but not more than 51 weeks in accordance with section 181 may—
(a) order the offender to comply during a period specified for t he purposes
of this paragraph in the order (in this Chapter referred to as “the
supervision period”) with one or more requirements falling with in
section 190(1) and specified in the order, and
(b) order that the sentence of imprisonment is not to take effec t unless
either—
(i) during the supervision period the offender fails to comply w ith
a requirement imposed under paragraph (a), or
(ii) during a period specified in the order for the purposes of this
sub-paragraph (in this Chapter referred to as “the operationalperiod”) the offender commits in the United Kingdom anotheroffence (whether or not punishable with imprisonment),
and (in either case) a court having power to do so subsequently  orders
under paragraph 8 of Schedule 12 that the original sentence is to take
effect.
(2) Where two or more sentences imposed on the same occasion are  to be served
consecutively, the power conferred by subsection (1) is not exe rcisable in
relation to any of them unless the aggregate of the terms of th e sentences does
not exceed 65 weeks.
(3) The supervision period and the operational period must each be a period of not
less than six months and not more than two years beginning with  the date of
the order.
(4) The supervision period must not end later than the operation al period.
(5) A court which passes a suspended sentence on any person for an offence may
not impose a community sentence in his case in respect of that offence or any
other offence of which he is convicted by or before the court o r for which he is
dealt with by the court.
(6) Subject to any provision to the contrary contained in the Cr iminal Justice Act
1967 (c. 80), the Sentencing Act or any other enactment passed o r instrument
made under any enactment after 31st December 1967, a suspended sentenceCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months116
which has not taken effect under paragraph 8 of Schedule 12 is to be treated as
a sentence of imprisonment for the purposes of all enactments a nd instruments
made under enactments.
(7) In this Part—
(a) “suspended sentence order” means an order under subsection ( 1),
(b) “suspended sentence” means a sentence to which a suspended s entence
order relates, and
(c) “community requirement”, in relation to a suspended sentence  order,
means a requirement imposed under subsection (1)(a).
190 Imposition of requirements by suspended sentence order
(1) The requirements falling within this subsection are—
(a) an unpaid work requirement (as defined by section 199),
(b) an activity requirement (as defined by section 201),
(c) a programme requirement (as defined by section 202),
(d) a prohibited activity requirement (as defined by section 203 ),
(e) a curfew requirement (as defined by section 204),
(f) an exclusion requirement (as defined by section 205),
(g) a residence requirement (as defined by section 206),
(h) a mental health treatment requirement (as defined by section  207),
(i) a drug rehabilitation requirement (as defined by section 209 ),
(j) an alcohol treatment requirement (as defined by section 212) ,
(k) a supervision requirement (as defined by section 213), and
(l) in a case where the offender is aged under 25, an attendance  centre
requirement (as defined by section 214).
(2) Section 189(1)(a) has effect subject to section 218 and to t he following
provisions of Chapter 4 relating to particular requirements—
(a) section 199(3) (unpaid work requirement),
(b) section 201(3) and (4) (activity requirement),
(c) section 202(4) and (5) (programme requirement),
(d) section 203(2) (prohibited activity requirement),
(e) section 207(3) (mental health treatment requirement), 
(f) section 209(2) (drug rehabilitation requirement), and
(g) section 212(2) and (3) (alcohol treatment requirement).
(3) Where the court makes a suspended sentence order imposing a curfew
requirement or an exclusion requirement, it must also impose an  electronic
monitoring requirement (as defined by section 215) unless—
(a) the court is prevented from doing so by section 215(2) or 21 8(4), or
(b) in the particular circumstances of the case, it considers it  inappropriate
to do so.
(4) Where the court makes a suspended sentence order imposing an  unpaid work
requirement, an activity requirement, a programme requirement, a prohibited
activity requirement, a residence requirement, a mental health treatment
requirement, a drug rehabilitation requirement, an alcohol trea tment
requirement, a supervision requirement or an attendance centre requirement,
the court may also impose an electronic monitoring requirement unless the
court is prevented from doing so by section 215(2) or 218(4).Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months117
(5) Before making a suspended sentence order imposing two or mor e different
requirements falling within subsection (1), the court must cons ider whether, in
the circumstances of the case, the requirements are compatible with each other.
191 Power to provide for review of suspended sentence order
(1) A suspended sentence order may—
(a) provide for the order to be reviewed periodically at specifi ed intervals,
(b) provide for each review to be made, subject to section 192(4 ), at a
hearing held for the purpose by the court responsible for the o rder (a
“review hearing”),
(c) require the offender to attend each review hearing, and
(d) provide for the responsible officer to make to the court res ponsible for
the order, before each review, a report on the offender’s progr ess in
complying with the community requirements of the order.
(2) Subsection (1) does not apply in the case of an order imposi ng a drug
rehabilitation requirement (provision for such a requirement to  be subject to
review being made by section 210).
(3) In this section references to the court responsible for a su spended sentence
order are references—
(a) where a court is specified in the order in accordance with s ubsection (4),
to that court;
(b) in any other case, to the court by which the order is made.
(4) Where the area specified in a suspended sentence order made by a magistrates’
court is not the area for which the court acts, the court may, if it thinks fit,
include in the order provision specifying for the purpose of su bsection (3) a
magistrates’ court which acts for the area specified in the ord er.
(5) Where a suspended sentence order has been made on an appeal brought from
the Crown Court or from the criminal division of the Court of A ppeal, it is to
be taken for the purposes of subsection (3)(b) to have been mad e by the Crown
Court.
192 Periodic reviews of suspended sentence order
(1) At a review hearing (within the meaning of subsection (1) of  section 191) the
court may, after considering the responsible officer’s report r eferred to in that
subsection, amend the community requirements of the suspended s entence
order, or any provision of the order which relates to those req uirements.
(2) The court—
(a) may not amend the community requirements of the order so as to
impose a requirement of a different kind unless the offender ex presses
his willingness to comply with that requirement,
(b) may not amend a mental health treatment requirement, a drug
rehabilitation requirement or an alcohol treatment requirement unless
the offender expresses his willingness to comply with the requi rement
as amended,
(c) may amend the supervision period only if the period as amend ed
complies with section 189(3) and (4),
(d) may not amend the operational period of the suspended senten ce, andCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months118
(e) except with the consent of the offender, may not amend the o rder while
an appeal against the order is pending.
(3) For the purposes of subsection (2)(a)— 
(a) a community requirement falling within any paragraph of sect ion
190(1) is of the same kind as any other community requirement f alling
within that paragraph, and
(b) an electronic monitoring requirement is a community requirem ent of
the same kind as any requirement falling within section 190(1) to which
it relates.
(4) If before a review hearing is held at any review the court, after considering the
responsible officer’s report, is of the opinion that the offend er’s progress in
complying with the community requirements of the order is satis factory, it
may order that no review hearing is to be held at that review; and if before a
review hearing is held at any review, or at a review hearing, t he court, after
considering that report, is of that opinion, it may amend the s uspended
sentence order so as to provide for each subsequent review to b e held without
a hearing.
(5) If at a review held without a hearing the court, after consi dering the
responsible officer’s report, is of the opinion that the offend er’s progress under
the order is no longer satisfactory, the court may require the offender to attend
a hearing of the court at a specified time and place.
(6) If at a review hearing the court is of the opinion that the offender has without
reasonable excuse failed to comply with any of the community re quirements of
the order, the court may adjourn the hearing for the purpose of  dealing with
the case under paragraph 8 of Schedule 12.
(7) At a review hearing the court may amend the suspended senten ce order so as
to vary the intervals specified under section 191(1).
(8) In this section any reference to the court, in relation to a  review without a
hearing, is to be read—
(a) in the case of the Crown Court, as a reference to a judge of  the court,
and
(b) in the case of a magistrates’ court, as a reference to a jus tice of the peace
acting for the commission area for which the court acts.
193 Breach, revocation or amendment of suspended sentence order,  and effect of 
further conviction
Schedule 12 (which relates to the breach, revocation or amendme nt of the
community requirements of suspended sentence orders, and to the  effect of
any further conviction) shall have effect.
194 Transfer of suspended sentence orders to Scotland or Norther n Ireland
Schedule 13 (transfer of suspended sentence orders to Scotland or Northern
Ireland) shall have effect.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months119
Interpretation of Chapter
195 Interpretation of Chapter 3
In this Chapter—
“custodial period”, in relation to a term of imprisonment impos ed in
accordance with section 181, has the meaning given by subsectio n (3)(a)
of that section;
“licence period”—
(a) in relation to a term of imprisonment imposed in accordance
with section 181, has the meaning given by subsection (3)(b) ofthat section, and
(b) in relation to a term of imprisonment to which an intermitte nt
custody order relates, has the meaning given by section 183(3);
“the number of custodial days”, in relation to a term of impris onment to
which an intermittent custody order relates, has the meaning gi ven by
section 183(3);
“operational period” and “supervision period”, in relation to a  suspended
sentence, are to be read in accordance with section 189(1);
“sentence of imprisonment” does not include a committal for con tempt of
court or any kindred offence.
C
HAPTER  4
FURTHER  PROVISIONS  ABOUT  ORDERS  UNDER  CHAPTERS  2 AND  3
Introductory
196 Meaning of “relevant order”
(1) In this Chapter “relevant order” means—
(a) a community order,
(b) a custody plus order,
(c) a suspended sentence order, or
(d) an intermittent custody order.
(2) In this Chapter any reference to a requirement being imposed  by, or included
in, a relevant order is, in relation to a custody plus order or  an intermittent
custody order, a reference to compliance with the requirement b eing required
by the order to be a condition of a licence.
197 Meaning of “the responsible officer”
(1) For the purposes of this Part, “the responsible officer”, in  relation to an offender
to whom a relevant order relates, means—
(a) in a case where the order—
(i) imposes a curfew requirement or an exclusion requirement but
no other requirement mentioned in section 177(1) or, as the cas e
requires, section 182(1) or 190(1), and
(ii) imposes an electronic monitoring requirement,Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3120
the person who under section 215(3) is responsible for the elec tronic
monitoring required by the order;
(b) in a case where the offender is aged 18 or over and the only  requirement
imposed by the order is an attendance centre requirement, the o fficer in
charge of the attendance centre in question;
(c) in any other case, the qualifying officer who, as respects t he offender, is
for the time being responsible for discharging the functions co nferred
by this Part on the responsible officer.
(2) The following are qualifying officers for the purposes of su bsection (1)(c) —
(a) in a case where the offender is aged under 18 at the time wh en the
relevant order is made, an officer of a local probation board a ppointed
for or assigned to the petty sessions area for the time being s pecified in
the order or a member of a youth offending team established by a local
authority for the time being specified in the order;
(b) in any other case, an officer of a local probation board app ointed for or
assigned to the petty sessions area for the time being specifie d in the
order.
(3) The Secretary of State may by order—
(a) amend subsections (1) and (2), and
(b) make any other amendments of this Part that appear to him to  b e
necessary or expedient in consequence of any amendment made byvirtue of paragraph (a).
(4) An order under subsection (3) may, in particular, provide fo r the court to
determine which of two or more descriptions of “responsible off icer” is to
apply in relation to any relevant order.
198 Duties of responsible officer
(1) Where a relevant order has effect, it is the duty of the res ponsible officer—
(a) to make any arrangements that are necessary in connection wi th the
requirements imposed by the order,
(b) to promote the offender’s compliance with those requirements , and
(c) where appropriate, to take steps to enforce those requiremen ts.
(2) In this section “responsible officer” does not include a per son falling within
section 197(1)(a).
Requirements available in case of all offenders
199 Unpaid work requirement
(1) In this Part “unpaid work requirement”, in relation to a rel evant order, means
a requirement that the offender must perform unpaid work in acc ordance with
section 200.
(2) The number of hours which a person may be required to work u nder an
unpaid work requirement must be specified in the relevant order  and must be
in the aggregate—
(a) not less than 40, and
(b) not more than 300.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3121
(3) A court may not impose an unpaid work requirement in respect  of an offender
unless after hearing (if the courts thinks necessary) an approp riate officer, the
court is satisfied that the offender is a suitable person to pe rform work under
such a requirement.
(4) In subsection (3) “an appropriate officer” means—
(a) in the case of an offender aged 18 or over, an officer of a local probation
board, and
(b) in the case of an offender aged under 18, an officer of a lo cal probation
board, a social worker of a local authority social services dep artment or
a member of a youth offending team.
(5) Where the court makes relevant orders in respect of two or m ore offences of
which the offender has been convicted on the same occasion and includes
unpaid work requirements in each of them, the court may direct that the hours
of work specified in any of those requirements is to be concurr ent with or
additional to those specified in any other of those orders, but  so that the total
number of hours which are not concurrent does not exceed the ma ximum
specified in subsection (2)(b).
200 Obligations of person subject to unpaid work requirement
(1) An offender in respect of whom an unpaid work requirement of  a rel evant
order is in force must perform for the number of hours specifie d in the order
such work at such times as he may be instructed by the responsi ble officer.
(2) Subject to paragraph 20 of Schedule 8 and paragraph 18 of Sc hedule 12 (power
to extend order), the work required to be performed under an un paid work
requirement of a community order or a suspended sentence order must be
performed during a period of twelve months.
(3) Unless revoked, a community order imposing an unpaid work re quirement
remains in force until the offender has worked under it for the  number of hours
specified in it.
(4) Where an unpaid work requirement is imposed by a suspended s entence
order, the supervision period as defined by section 189(1)(a) c ontinues until the
offender has worked under the order for the number of hours spe cified in the
order, but does not continue beyond the end of the operational period as
defined by section 189(1)(b)(ii).
201 Activity requirement
(1) In this Part “activity requirement”, in relation to a releva nt order, means a
requirement that the offender must do either or both of the fol lowing—
(a) present himself to a person or persons specified in the rele vant order at
a place or places so specified on such number of days as may be  so
specified;
(b) participate in activities specified in the order on such num ber of days
as may be so specified.
(2) The specified activities may consist of or include activitie s whose purpose is
that of reparation, such as activities involving contact betwee n offenders and
persons affected by their offences.
(3) A court may not include an activity requirement in a relevan t order unless—Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3122
(a) it has consulted—
(i) in the case of an offender aged 18 or over, an officer of a local
probation board,
(ii) in the case of an offender aged under 18, either an officer  of a
local probation board or a member of a youth offending team,and
(b) it is satisfied that it is feasible to secure compliance wit h the
requirement.
(4) A court may not include an activity requirement in a relevan t order if
compliance with that requirement would involve the co-operation  of a person
other than the offender and the offender’s responsible officer,  unless that other
person consents to its inclusion.
(5) The aggregate of the number of days specified under subsecti on (1)(a) and (b)
must not exceed 60.
(6) A requirement such as is mentioned in subsection (1)(a) oper ates to require the
offender—
(a) in accordance with instructions given by his responsible off icer, to
present himself at a place or places on the number of days spec ified in
the order, and
(b) while at any place, to comply with instructions given by, or  under the
authority of, the person in charge of that place.
(7) A place specified under subsection (1)(a) must be—
(a) a community rehabilitation centre, or
(b) a place that has been approved by the local probation board for the area
in which the premises are situated as providing facilities suit able for
persons subject to activity requirements.
(8) Where the place specified under subsection (1)(a) is a commu nity
rehabilitation centre, the reference in subsection (6)(a) to th e offender
presenting himself at the specified place includes a reference to him presenting
himself elsewhere than at the centre for the purpose of partici pating in
activities in accordance with instructions given by, or under t he authority of,
the person in charge of the centre.
(9) A requirement to participate in activities operates to requi re the offender—
(a) in accordance with instructions given by his responsible off icer, to
participate in activities on the number of days specified in th e order,
and
(b) while participating, to comply with instructions given by, o r under the
authority of, the person in charge of the activities.
(10) In this section “community rehabilitation centre” means pre mises—
(a) at which non-residential facilities are provided for use in connection
with the rehabilitation of offenders, and
(b) which are for the time being approved by the Secretary of St ate as
providing facilities suitable for persons subject to relevant o rders.
202 Programme requirement
(1) In this Part “programme requirement”, in relation to a relev ant order, means a
requirement that the offender must participate in an accredited  programmeCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3123
specified in the order at a place so specified on such number o f days as may be
so specified.
(2) In this Part “accredited programme” means a programme that i s for the time
being accredited by the accreditation body.
(3) In this section—
(a) “programme” means a systematic set of activities, and
(b) “the accreditation body” means such body as the Secretary of  State may
designate for the purposes of this section by order.
(4) A court may not include a programme requirement in a relevan t order
unless—
(a) the accredited programme which the court proposes to specify  in the
order has been recommended to the court as being suitable for t he
offender—
(i) in the case of an offender aged 18 or over, by an officer of  a local
probation board, or
(ii) in the case of an offender aged under 18, either by an offi cer of
a local probation board or by a member of a youth offendingteam, and
(b) the court is satisfied that the programme is (or, where the relevant
order is a custody plus order or an intermittent custody order,  will be)
available at the place proposed to be specified.
(5) A court may not include a programme requirement in a relevan t order if
compliance with that requirement would involve the co-operation  of a person
other than the offender and the offender’s responsible officer,  unless that other
person consents to its inclusion.
(6) A requirement to attend an accredited programme operates to require the
offender—
(a) in accordance with instructions given by the responsible off icer, to
participate in the accredited programme at the place specified in the
order on the number of days specified in the order, and
(b) while at that place, to comply with instructions given by, o r under the
authority of, the person in charge of the programme.
(7) A place specified in an order must be a place that has been approved by the
local probation board for the area in which the premises are si tuated as
providing facilities suitable for persons subject to programme requirements.
203 Prohibited activity requirement
(1) In this Part “prohibited activity requirement”, in relation to a relevant order,
means a requirement that the offender must refrain from partici pating in
activities specified in the order—
(a) on a day or days so specified, or
(b) during a period so specified.
(2) A court may not include a prohibited activity requirement in  a relevant order
unless it has consulted—
(a) in the case of an offender aged 18 or over, an officer of a local probation
board;Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3124
(b) in the case of an offender aged under 18, either an officer of a local
probation board or a member of a youth offending team.
(3) The requirements that may by virtue of this section be inclu ded in a relevant
order include a requirement that the offender does not possess,  use or carry a
firearm within the meaning of the Firearms Act 1968 (c. 27).
204 Curfew requirement
(1) In this Part “curfew requirement”, in relation to a relevant  order, means a
requirement that the offender must remain, for periods specifie d in the
relevant order, at a place so specified.
(2) A relevant order imposing a curfew requirement may specify d ifferent places
or different periods for different days, but may not specify pe riods which
amount to less than two hours or more than twelve hours in any day.
(3) A community order or suspended sentence order which imposes a curfew
requirement may not specify periods which fall outside the peri od of six
months beginning with the day on which it is made.
(4) A custody plus order which imposes a curfew requirement may not specify a
period which falls outside the period of six months beginning w ith the first day
of the licence period as defined by section 181(3)(b).
(5) An intermittent custody order which imposes a curfew require ment must not
specify a period if to do so would cause the aggregate number o f days on which
the offender is subject to the requirement for any part of the day to exceed 182.
(6) Before making a relevant order imposing a curfew requirement , the court must
obtain and consider information about the place proposed to be specified in the
order (including information as to the attitude of persons like ly to be affected
by the enforced presence there of the offender).
205 Exclusion requirement
(1) In this Part “exclusion requirement”, in relation to a relev ant order, means a
provision prohibiting the offender from entering a place specif ied in the order
for a period so specified.
(2) Where the relevant order is a community order, the period sp ecified must not
be more than two years.
(3) An exclusion requirement—
(a) may provide for the prohibition to operate only during the p eriods
specified in the order, and
(b) may specify different places for different periods or days.
(4) In this section “place” includes an area.
206 Residence requirement
(1) In this Part, “residence requirement”, in relation to a comm unity order or a
suspended sentence order, means a requirement that, during a pe riod specified
in the relevant order, the offender must reside at a place spec ified in the order.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3125
(2) If the order so provides, a residence requirement does not p rohibit the offender
from residing, with the prior approval of the responsible offic er, at a place
other than that specified in the order.
(3) Before making a community order or suspended sentence order containing a
residence requirement, the court must consider the home surroun dings of the
offender.
(4) A court may not specify a hostel or other institution as the  place where an
offender must reside, except on the recommendation of an office r of a local
probation board.
207 Mental health treatment requirement
(1) In this Part, “mental health treatment requirement”, in rela tion to a community
order or suspended sentence order, means a requirement that the  offender
must submit, during a period or periods specified in the order,  to treatment by
or under the direction of a registered medical practitioner or a chartered
psychologist (or both, for different periods) with a view to th e improvement of
the offender’s mental condition.
(2) The treatment required must be such one of the following kin ds of treatment
as may be specified in the relevant order—
(a) treatment as a resident patient in an independent hospital o r care home
within the meaning of the Care Standards Act 2000 (c. 14) or a h ospital
within the meaning of the Mental Health Act 1983 (c. 20), but no t in
hospital premises where high security psychiatric services with in the
meaning of that Act are provided;
(b) treatment as a non-resident patient at such institution or p lace as may
be specified in the order;
(c) treatment by or under the direction of such registered medic al
practitioner or chartered psychologist (or both) as may be so s pecified;
but the nature of the treatment is not to be specified in the o rder except as
mentioned in paragraph (a), (b) or (c).
(3) A court may not by virtue of this section include a mental h ealth treatment
requirement in a relevant order unless—
(a) the court is satisfied, on the evidence of a registered medi cal
practitioner approved for the purposes of section 12 of the Men tal
Health Act 1983, that the mental condition of the offender—
(i) is such as requires and may be susceptible to treatment, but
( i i ) i s  n o t  s u c h  a s  t o  w a r r a n t  t h e  m a k i n g  o f  a  h o s p i t a l  o r d e r  o r
guardianship order within the meaning of that Act; 
(b) the court is also satisfied that arrangements have been or c an be made
for the treatment intended to be specified in the order (includ ing
arrangements for the reception of the offender where he is to b e
required to submit to treatment as a resident patient); and
(c) the offender has expressed his willingness to comply with su ch a
requirement.
(4) While the offender is under treatment as a resident patient in pursuance of a
mental health requirement of a relevant order, his responsible officer shall
carry out the supervision of the offender to such extent only a s may be
necessary for the purpose of the revocation or amendment of the  order.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3126
(5) Subsections (2) and (3) of section 54 of the Mental Health A ct 1983 (c. 20) have
effect with respect to proof for the purposes of subsection (3) (a) of an offender’s
m e n t a l  c o n d i t i o n  a s  t h e y  h a v e  e f f e c t  w i t h  r e s p e c t  t o  p r o o f  o f  a n offender’s
mental condition for the purposes of section 37(2)(a) of that A ct.
(6) In this section and section 208, “chartered psychologist” me ans a person for the
time being listed in the British Psychological Society’s Regist er of Chartered
Psychologists.
208 Mental health treatment at place other than that specified i n order
(1) Where the medical practitioner or chartered psychologist by whom or under
whose direction an offender is being treated for his mental con dition in
pursuance of a mental health treatment requirement is of the op inion that part
of the treatment can be better or more conveniently given in or  at an institution
or place which—
(a) is not specified in the relevant order, and
(b) is one in or at which the treatment of the offender will be given by or
under the direction of a registered medical practitioner or cha rtered
psychologist,
he may, with the consent of the offender, make arrangements for  him to be
treated accordingly.
(2) Such arrangements as are mentioned in subsection (1) may pro vide for the
offender to receive part of his treatment as a resident patient  in an institution
or place notwithstanding that the institution or place is not o ne which could
have been specified for that purpose in the relevant order.
(3) Where any such arrangements as are mentioned in subsection ( 1) are made for
the treatment of an offender—
(a) the medical practitioner or chartered psychologist by whom t he
arrangements are made shall give notice in writing to the offen der’s
responsible officer, specifying the institution or place in or at which the
treatment is to be carried out; and
(b) the treatment provided for by the arrangements shall be deem ed to be
treatment to which he is required to submit in pursuance of the  relevant
order.
209  Drug rehabilitation requirement
(1) In this Part “drug rehabilitation requirement”, in relation to a community order
or suspended sentence order, means a requirement that during a period
specified in the order (“the treatment and testing period”) the  offender—
(a) must submit to treatment by or under the direction of a spec ified
person having the necessary qualifications or experience with a  view to
the reduction or elimination of the offender’s dependency on orpropensity to misuse drugs, and
(b) for the purpose of ascertaining whether he has any drug in h is body
during that period, must provide samples of such description as  may
be so determined, at such times or in such circumstances as may(subject to the provisions of the order) be determined by theresponsible officer or by the person specified as the person by  or under
whose direction the treatment is to be provided.
(2) A court may not impose a drug rehabilitation requirement unl ess—Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3127
(a) it is satisfied—
(i) that the offender is dependent on, or has a propensity to mi suse,
drugs, and
(ii) that his dependency or propensity is such as requires and m ay
be susceptible to treatment,
(b) it is also satisfied that arrangements have been or can be m ade for the
treatment intended to be specified in the order (includingarrangements for the reception of the offender where he is to b e
required to submit to treatment as a resident),
(c) the requirement has been recommended to the court as being s uitable
for the offender—
(i) in the case of an offender aged 18 or over, by an officer of  a local
probation board, or
(ii) in the case of an offender aged under 18, either by an offi cer of
a local probation board or by a member of a youth offendingteam, and
(d) the offender expresses his willingness to comply with the re quirement.
(3) The treatment and testing period must be at least six months .
(4) The required treatment for any particular period must 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 in or at such institution or pla ce, and at
such intervals, as may be so specified;
but the nature of the treatment is not to be specified in the o rder except as
mentioned in paragraph (a) or (b) above.
(5) The function of making a determination as to the provision o f samples under
provision included in the community order or suspended sentence  order by
virtue of subsection (1)(b) is to be exercised in accordance wi th guidance given
from time to time by the Secretary of State.
(6) A community order or suspended sentence order imposing a dru g
rehabilitation requirement must provide that the results of tes ts carried out on
any samples provided by the offender in pursuance of the requir ement to a
person other than the responsible officer are to be communicate d to the
responsible officer.
(7) In this section “drug” means a controlled drug as defined by  section 2 of the
Misuse of Drugs Act 1971 (c. 38).
210 Drug rehabilitation requirement: provision for review by cou rt
(1) A community order or suspended sentence order imposing a dru g
rehabilitation requirement may (and must if the treatment and t esting period
is more than 12 months)—
(a) provide for the requirement to be reviewed periodically at i ntervals of
not less than one month,
(b) provide for each review of the requirement to be made, subje ct to
section 211(6), at a hearing held for the purpose by the court responsible
for the order (a “review hearing”),
(c) require the offender to attend each review hearing,Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3128
(d) provide for the responsible officer to make to the court res ponsible for
the order, before each review, a report in writing on the offen der’s
progress under the requirement, and
(e) provide for each such report to include the test results com municated
to the responsible officer under section 209(6) or otherwise an d the
views of the treatment provider as to the treatment and testing  of the
offender.
(2) In this section references to the court responsible for a co mmunity order or
suspended sentence order imposing a drug rehabilitation require ment are
references—
(a) where a court is specified in the order in accordance with s ubsection (3),
to that court;
(b) in any other case, to the court by which the order is made.
(3) Where the area specified in a community order or suspended s entence order
which is made by a magistrates’ court and imposes a drug rehabi litation
requirement is not the area for which the court acts, the court  may, if it thinks
fit, include in the order provision specifying for the purposes  of subsection (2)
a magistrates’ court which acts for the area specified in the o rder.
(4) Where a community order or suspended sentence order imposing  a drug
rehabilitation requirement has been made on an appeal brought f rom the
Crown Court or from the criminal division of the Court of Appea l, for the
purposes of subsection (2)(b) it shall be taken to have been ma de by the Crown
Court.
211 Periodic review of drug rehabilitation requirement
(1) At a review hearing (within the meaning given by subsection (1) of section 210)
the court may, after considering the responsible officer’s repo rt referred to in
that subsection, amend the community order or suspended sentenc e order, so
far as it relates to the drug rehabilitation requirement.
(2) The court—
(a) may not amend the drug rehabilitation requirement unless the  offender
expresses his willingness to comply with the requirement as ame nded,
(b) may not amend any provision of the order so as to reduce the  period for
which the drug rehabilitation requirement has effect below theminimum specified in section 209(3), and
(c) except with the consent of the offender, may not amend any
requirement or provision of the order while an appeal against t he order
is pending.
(3) If the offender fails to express his willingness to comply w ith the drug
rehabilitation requirement as proposed to be amended by the cou rt, the court
may—
(a) revoke the community order, or the suspended sentence order and the
suspended sentence to which it relates, and
(b) deal with him, for the offence in respect of which the order  was made,
in any way in which he could have been dealt with for that offe nce by
the court which made the order if the order had not been made.
(4) In dealing with the offender under subsection (3)(b), the co urt—Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3129
(a) shall take into account the extent to which the offender has  complied
with the requirements of the order, and
(b) may impose a custodial sentence (where the order was made in  respect
of an offence punishable with such a sentence) notwithstandinganything in section 152(2).
(5) Where the order is a community order made by a magistrates’ court in the case
of an offender under 18 years of age in respect of an offence t riable only on
indictment in the case of an adult, any powers exercisable unde r subsection
(3)(b) in respect of the offender after he attains the age of 1 8 are powers to do
either or both of the following—
(a) to impose a fine not exceeding £5,000 for the offence in res pect of which
the order was made;
(b) to deal with the offender for that offence in any way in whi ch the court
could deal with him if it had just convicted him of an offencepunishable with imprisonment for a term not exceeding twelvemonths.
(6) If at a review hearing (as defined by section 210(1)(b)) the  court, after
considering the responsible officer’s report, is of the opinion  that the offender’s
progress under the requirement is satisfactory, the court may s o amend the
order as to provide for each subsequent review to be made by th e court without
a hearing.
(7) If at a review without a hearing the court, after considerin g the responsible
officer’s report, is of the opinion that the offender’s progres s under the
requirement is no longer satisfactory, the court may require th e offender to
attend a hearing of the court at a specified time and place.
(8) At that hearing the court, after considering that report, ma y—
(a) exercise the powers conferred by this section as if the hear ing were a
review hearing, and
(b) so amend the order as to provide for each subsequent review to be
made at a review hearing.
(9) In this section any reference to the court, in relation to a  review without a
hearing, is to be read—
(a) in the case of the Crown Court, as a reference to a judge of  the court;
(b) in the case of a magistrates’ court, as a reference to a jus tice of the peace
acting for the commission area for which the court acts.
212 Alcohol treatment requirement
(1) In this Part “alcohol treatment requirement”, in relation to  a community order
or suspended sentence order, means a requirement that the offen der must
submit during a period specified in the order to treatment by o r under the
direction of a specified person having the necessary qualificat ions or
experience with a view to the reduction or elimination of the o ffender’s
dependency on alcohol.
(2) A court may not impose an alcohol treatment requirement in r espect of an
offender unless it is satisfied—
(a) that he is dependent on alcohol,
(b) that his dependency is such as requires and may be susceptib le to
treatment, andCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3130
(c) that arrangements have been or can be made for the treatment  intended
to be specified in the order (including arrangements for the re ception of
the offender where he is to be required to submit to treatment as a
resident).
(3) A court may not impose an alcohol treatment requirement unle ss the offender
expresses his willingness to comply with its requirements.
(4) The period for which the alcohol treatment requirement has e ffect must be not
less than six months.
(5) The treatment required by an alcohol treatment requirement f or any particular
period must be—
(a) treatment as a resident in such institution or place as may be specified
in the order,
(b) treatment as a non-resident in or at such institution or pla ce, and at
such intervals, as may be so specified, or
( c ) t r e a t m e n t  b y  o r  u n d e r  t h e  d i r e c t i o n  o f  s u c h  p e r s o n  h a v i n g  t h e
necessary qualification or experience as may be so specified;
but the nature of the treatment shall not be specified in the o rder except as
mentioned in paragraph (a), (b) or (c) above.
213 Supervision requirement
(1) In this Part “supervision requirement”, in relation to a rel evant order, means a
requirement that, during the relevant period, the offender must  attend
appointments with the responsible officer or another person det ermined by the
responsible officer, at such time and place as may be determine d by the officer.
(2) The purpose for which a supervision requirement may be impos ed is that of
promoting the offender’s rehabilitation.
(3) In subsection (1) “the relevant period” means—
(a) in relation to a community order, the period for which the c ommunity
order remains in force,
(b) in relation to a custody plus order, the licence period as d efined by
section 181(3)(b),
(c) in relation to an intermittent custody order, the licence pe riods as
defined by section 183(3), and
(d) in relation to a suspended sentence order, the supervision p eriod as
defined by section 189(1)(a).
Requirements available only in case of offenders aged under 25
214 Attendance centre requirement
(1) In this Part “attendance centre requirement”, in relation to  a relevant order,
means a requirement that the offender must attend at an attenda nce centre
specified in the relevant order for such number of hours as may  be so specified.
(2) The aggregate number of hours for which the offender may be required to
attend at an attendance centre must not be less than 12 or more  than 36.
(3) The court may not impose an attendance centre requirement un less the court
is satisfied that the attendance centre to be specified in it i s reasonablyCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3131
accessible to the offender concerned, having regard to the mean s of access
available to him and any other circumstances.
(4) The first time at which the offender is required to attend a t the attendance
centre is a time notified to the offender by the responsible of ficer.
(5) The subsequent hours are to be fixed by the officer in charg e of the centre,
having regard to the offender’s circumstances.
(6) An offender may not be required under this section to attend  at an attendance
centre on more than one occasion on any day, or for more than t hree hours on
any occasion.
Electronic monitoring
215 Electronic monitoring requirement
(1) In this Part “electronic monitoring requirement”, in relatio n to a relevant order,
means a requirement for securing the electronic monitoring of t he offender’s
compliance with other requirements imposed by the order during a period
specified in the order, or determined by the responsible office r in accordance
with the relevant order.
(2) Where—
(a) it is proposed to include in a relevant order a requirement for securing
electronic monitoring in accordance with this section, but
(b) there is a person (other than the offender) without whose co -operation
it will not be practicable to secure the monitoring,
the requirement may not be included in the order without that p erson’s
consent.
(3) A relevant order which includes an electronic monitoring req uirement must
include provision for making a person responsible for the monit oring; and a
person who is made so responsible must be of a description spec ified in an
order made by the Secretary of State.
(4) Where an electronic monitoring requirement is required to ta ke effect during a
period determined by the responsible officer in accordance with  the relevant
order, the responsible officer must, before the beginning of th at period,
notify— 
(a) the offender,
(b) the person responsible for the monitoring, and
(c) any person falling within subsection (2)(b), 
of the time when the period is to begin.
Provisions applying to relevant orders generally
216 Petty sessions area to be specified in relevant order
(1) A community order or suspended sentence order must specify t he petty
sessions area in which the offender resides or will reside.
(2) A custody plus order or an intermittent custody order must s pecify the petty
sessions area in which the offender will reside—Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3132
(a) in the case of a custody plus order, during the licence peri od as defined
by section 181(3)(b), or
(b) in the case of an intermittent custody order, during the lic ence periods
as defined by section 183(3).
217 Requirement to avoid conflict with religious beliefs, etc
(1) The court must ensure, as far as practicable, that any requi rement imposed by
a relevant order is such as to avoid—
(a) any conflict with the offender’s religious beliefs or with t he
requirements of any other relevant order to which he may be sub ject;
and
(b) any interference with the times, if any, at which he normall y works or
attends school or any other educational establishment.
(2) The responsible officer in relation to an offender to whom a  relevant order
relates must ensure, as far as practicable, that any instructio n given or
requirement imposed by him in pursuance of the order is such as  to avoid the
conflict or interference mentioned in subsection (1).
(3) The Secretary of State may by order provide that subsection (1) or (2) is to have
effect with such additional restrictions as may be specified in  the order.
218 Availability of arrangements in local area
(1) A court may not include an unpaid work requirement in a rele vant order
unless the court is satisfied that provision for the offender t o work under such
a requirement can be made under the arrangements for persons to  perform
work under such a requirement which exist in the petty sessions  area in which
he resides or will reside.
(2) A court may not include an activity requirement in a relevan t order unless the
court is satisfied that provision for the offender to participa te in the activities
proposed to be specified in the order can be made under the arr angements for
persons to participate in such activities which exist in the pe tty sessions area in
which he resides or will reside.
(3) A court may not include an attendance centre requirement in a relevant order
in respect of an offender unless the court has been notified by  the Secretary of
State that an attendance centre is available for persons of his  description.
(4) A court may not include an electronic monitoring requirement  in a relevant
order in respect of an offender unless the court—
(a) has been notified by the Secretary of State that electronic monitoring
arrangements are available in the relevant areas mentioned insubsections (5) to (7), and
(b) is satisfied that the necessary provision can be made under those
arrangements.
(5) In the case of a relevant order containing a curfew requirem ent or an exclusion
requirement, the relevant area for the purposes of subsection ( 4) is the area in
which the place proposed to be specified in the order is situat ed.
(6) In the case of a relevant order containing an attendance cen tre requirement, the
relevant area for the purposes of subsection (4) is the area in  w h i c h  t h e
attendance centre proposed to be specified in the order is situ ated.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3133
(7) In the case of any other relevant order, the relevant area f or the purposes of
subsection (4) is the petty sessions area proposed to be specif ied in the order.
(8) In subsection (5) “place”, in relation to an exclusion requi rement, has the same
meaning as in section 205.
219 Provision of copies of relevant orders
(1) The court by which any relevant order is made must forthwith  provide copies
of the order—
(a) to the offender,
(b) if the offender is aged 18 or over, to an officer of a local  probation board
assigned to the court, 
(c) if the offender is aged 16 or 17, to an officer of a local p robation board
assigned to the court or to a member of a youth offending teamassigned to the court, and
(d) where the order specifies a petty sessions area for which th e court
making the order does not act, to the local probation board act ing for
that area.
(2) Where a relevant order imposes any requirement specified in the first column
of Schedule 14, the court by which the order is made must also forthwith
provide the person specified in relation to that requirement in  the second
column of that Schedule with a copy of so much of the order as relates to that
requirement.
(3) Where a relevant order specifies a petty sessions area for w hich the court
making the order does not act, the court making the order must provide to the
magistrates’s court acting for that area—
(a) a copy of the order, and
(b) such documents and information relating to the case as it co nsiders
likely to be of assistance to a court acting for that area in t he exercise of
its functions in relation to the order.
220 Duty of offender to keep in touch with responsible officer
(1) An offender in respect of whom a community order or a suspen ded sentence
order is in force—
(a) must keep in touch with the responsible officer in accordanc e with such
instructions as he may from time to time be given by that offic er, and
(b) must notify him of any change of address.
(2) The obligation imposed by subsection (1) is enforceable as i f it were a
requirement imposed by the order.
Powers of Secretary of State
221 Provision of attendance centres
(1) The Secretary of State may continue to provide attendance ce ntres.
(2) In this Part “attendance centre” means a place at which offe nders aged under
25 may be required to attend and be given under supervision app ropriate
occupation or instruction in pursuance of— Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 an d 3134
(a) attendance centre requirements of relevant orders, or
(b) attendance centre orders under section 60 of the Sentencing Act.
(3) For the purpose of providing attendance centres, the Secreta ry of State may
make arrangements with any local authority or police authority for the use of
premises of that authority.
222 Rules 
(1) The Secretary of State may make rules for regulating—
(a) the supervision of persons who are subject to relevant order s,
(b) without prejudice to the generality of paragraph (a), the fu nctions of
responsible officers in relation to offenders subject to releva nt orders,
(c) the arrangements to be made by local probation boards for pe rsons
subject to unpaid work requirements to perform work and theperformance of such work,
(d) the provision and carrying on of attendance centres and comm unity
rehabilitation centres,
(e) the attendance of persons subject to activity requirements o r
attendance centre requirements at the places at which they are required
to attend, including hours of attendance, reckoning days of att endance
and the keeping of attendance records,
(f) electronic monitoring in pursuance of an electronic monitori ng
requirement, and
(g) without prejudice to the generality of paragraph (f), the fu nctions of
persons made responsible for securing electronic monitoring inpursuance of such a requirement.
(2) Rules under subsection (1)(c) may, in particular, make provi sion—
(a) limiting the number of hours of work to be done by a person on any one
day,
(b) as to the reckoning of hours worked and the keeping of work records,
and
(c) for the payment of travelling and other expenses in connecti on with the
performance of work.
223 Power to amend limits
(1) The Secretary of State may by order amend— 
(a) subsection (2) of section 199 (unpaid work requirement), or
(b) subsection (2) of section 204 (curfew requirement),
by substituting, for the maximum number of hours for the time b eing specified
in that subsection, such other number of hours as may be specif ied in the order.
(2) The Secretary of State may by order amend any of the provisi ons mentioned in
subsection (3) by substituting, for any period for the time bei ng specified in the
provision, such other period as may be specified in the order.
(3) Those provisions are—
(a) section 204(3) (curfew requirement);
(b) section 205(2) (exclusion requirement);
(c) section 209(3) (drug rehabilitation requirement);
(d) section 212(4) (alcohol treatment requirement).Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 5 — Dangerous offenders135
CHAPTER  5
DANGEROUS  OFFENDERS
224 Meaning of “specified offence” etc.
(1) An offence is a “specified offence” for the purposes of this  Chapter if it is a
specified violent offence or a specified sexual offence.
(2) An offence is a “serious offence” for the purposes of this C hapter if and only
if—
(a) it is a specified offence, and
(b) it is, apart from section 225, punishable in the case of a p erson aged 18
or over by—
(i) imprisonment for life, or
(ii) imprisonment for a determinate period of ten years or more.
(3) In this Chapter—
“relevant offence” has the meaning given by section 229(4);“serious harm” means death or serious personal injury, whether physical
or psychological;
“specified violent offence” means an offence specified in Part 1 o f
Schedule 15;
“specified sexual offence” means an offence specified in Part 2  of that
Schedule.
225 Life sentence or imprisonment for public protection for seri ous offences
(1) This section applies where—
(a) a person aged 18 or over is convicted of a serious offence c ommitted
after the commencement of this section, and
(b) the court is of the opinion that there is a significant risk  to members of
the public of serious harm occasioned by the commission by him of
further specified offences.
(2) If—
(a) the offence is one in respect of which the offender would ap art from this
section be liable to imprisonment for life, and
(b) the court considers that the seriousness of the offence, or of the offence
and one or more offences associated with it, is such as to just ify the
imposition of a sentence of imprisonment for life,
the court must impose a sentence of imprisonment for life.
(3) In a case not falling within subsection (2), the court must impose a sentence of
imprisonment for public protection.
(4) A sentence of imprisonment for public protection is a senten ce of
imprisonment for an indeterminate period, subject to the provis ions of Chapter
2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners
and duration of licences.
(5) An offence the sentence for which is imposed under this sect ion is not to be
regarded as an offence the sentence for which is fixed by law.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 5 — Dangerous offenders136
226 Detention for life or detention for public protection for se rious offences 
committed by those under 18
(1) This section applies where—
(a) a person aged under 18 is convicted of a serious offence com mitted
after the commencement of this section, and
(b) the court is of the opinion that there is a significant risk  to members of
the public of serious harm occasioned by the commission by him of
further specified offences.
(2) If—
(a) the offence is one in respect of which the offender would ap art from this
section be liable to a sentence of detention for life under sec tion 91 of
the Sentencing Act, and
(b) the court considers that the seriousness of the offence, or of the offence
and one or more offences associated with it, is such as to just ify the
imposition of a sentence of detention for life,
the court must impose a sentence of detention for life under th at section.
(3) If, in a case not falling within subsection (2), the court c onsiders that an
extended sentence under section 228 would not be adequate for t he purpose of
protecting the public from serious harm occasioned by the commi ssion by the
offender of further specified offences, the court must impose a  sentence of
detention for public protection.
(4) A sentence of detention for public protection is a sentence of detention for an
indeterminate period, subject to the provisions of Chapter 2 of  Part 2 of the
Crime (Sentences) Act 1997 (c. 43) as to the release of prisoner s and duration of
licences.
(5) An offence the sentence for which is imposed under this sect ion is not to be
regarded as an offence the sentence for which is fixed by law.
227 Extended sentence for certain violent or sexual offences: pe rsons 18 or over
(1) This section applies where—
(a) a person aged 18 or over is convicted of a specified offence , other than
a serious offence, committed after the commencement of this sec tion,
and
(b) the court considers that there is a significant risk to memb ers of the
public of serious harm occasioned by the commission by the offe nder
of further specified offences.
(2) The court must impose on the offender an extended sentence o f imprisonment,
that is to say, a sentence of imprisonment the term of which is  equal to the
aggregate of—
(a) the appropriate custodial term, and
(b) a further period (“the extension period”) for which the offe nder is to be
subject to a licence and which is of such length as the court c onsiders
necessary for the purpose of protecting members of the public f rom
serious harm occasioned by the commission by him of further spe cified
offences.
(3) In subsection (2) “the appropriate custodial term” means a t erm of
imprisonment (not exceeding the maximum term permitted for the offence)
which—Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 5 — Dangerous offenders137
(a) is the term that would (apart from this section) be imposed in
compliance with section 153(2), or
(b) where the term that would be so imposed is a term of less th an 12
months, is a term of 12 months.
(4) The extension period must not exceed—
(a) five years in the case of a specified violent offence, and
(b) eight years in the case of a specified sexual offence.
(5) The term of an extended sentence of imprisonment passed unde r this section
in respect of an offence must not exceed the maximum term permi tted for the
offence.
228 Extended sentence for certain violent or sexual offences: pe rsons under 18
(1) This section applies where—
(a) a person aged under 18 is convicted of a specified offence c ommitted
after the commencement of this section, and
(b) the court considers—
(i) that there is a significant risk to members of the public of  serious
harm occasioned by the commission by the offender of furtherspecified offences, and
(ii) where the specified offence is a serious offence, that the case is
not one in which the court is required by section 226(2) toimpose a sentence of detention for life under section 91 of theSentencing Act or by section 226(3) to impose a sentence ofdetention for public protection.
(2) The court must impose on the offender an extended sentence o f detention, that
is to say, a sentence of detention the term of which is equal t o the aggregate
of—
(a) the appropriate custodial term, and
(b) a further period (“the extension period”) for which the offe nder is to be
subject to a licence and which is of such length as the court c onsiders
necessary for the purpose of protecting members of the public f rom
serious harm occasioned by the commission by him of further spe cified
offences.
(3) In subsection (2) “the appropriate custodial term” means suc h term as the court
considers appropriate, which—
(a) must be at least 12 months, and
(b) must not exceed the maximum term of imprisonment permitted f or the
offence.
(4) The extension period must not exceed—
(a) five years in the case of a specified violent offence, and
(b) eight years in the case of a specified sexual offence.
(5) The term of an extended sentence of detention passed under t his section in
respect of an offence must not exceed the maximum term of impri sonment
permitted for the offence.
(6) Any reference in this section to the maximum term of impriso nment permitted
for an offence is a reference to the maximum term of imprisonme nt that is,Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 5 — Dangerous offenders138
apart from section 225, permitted for the offence in the case o f a person aged 18
or over.
229 The assessment of dangerousness
(1) This section applies where—
(a) a person has been convicted of a specified offence, and
(b) it falls to a court to assess under any of sections 225 to 2 28 whether there
is a significant risk to members of the public of serious harm occasioned
by the commission by him of further such offences.
(2) If at the time when that offence was committed the offender had not been
convicted in any part of the United Kingdom of any relevant off ence or was
aged under 18, the court in making the assessment referred to i n subsection
(1)(b)—
(a) must take into account all such information as is available to it about
the nature and circumstances of the offence, 
(b) may take into account any information which is before it abo ut any
pattern of behaviour of which the offence forms part, and
(c) may take into account any information about the offender whi ch is
before it.
(3) If at the time when that offence was committed the offender was aged 18 or
over and had been convicted in any part of the United Kingdom o f one or more
relevant offences, the court must assume that there is such a r isk as is
mentioned in subsection (1)(b) unless, after taking into accoun t—
(a) all such information as is available to it about the nature and
circumstances of each of the offences,
(b) where appropriate, any information which is before it about any
pattern of behaviour of which any of the offences forms part, a nd
(c) any information about the offender which is before it,
the court considers that it would be unreasonable to conclude t hat there is such
a risk.
(4) In this Chapter “relevant offence” means—
(a) a specified offence,
(b) an offence specified in Schedule 16 (offences under the law of Scotland),
or
(c) an offence specified in Schedule 17 (offences under the law of Northern
Ireland).
230 Imprisonment or detention for public protection: release on licence
Schedule 18 (release of prisoners serving sentences of imprison ment or
detention for public protection) shall have effect.
231 Appeals where previous convictions set aside
(1) This section applies where—
(a) a sentence has been imposed on any person under section 225 or 227,
andCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 5 — Dangerous offenders139
(b) any previous conviction of his without which the court would  not have
been required to make the assumption mentioned in section 229(3 ) has
been subsequently set aside on appeal.
(2) Notwithstanding anything in section 18 of the Criminal Appea l Act 1968
(c. 19), notice of appeal against the sentence may be given at a ny time within
28 days from the date on which the previous conviction was set aside.
232 Certificates of convictions for purposes of section 229
Where—
(a) on any date after the commencement of this section a person is
convicted in England and Wales of a relevant offence, and
(b) the court by or before which he is so convicted states in op en court that
he has been convicted of such an offence on that date, and
(c) that court subsequently certifies that fact,
that certificate shall be evidence, for the purposes of section  229, that he was
convicted of such an offence on that date.
233 Offences under service law
Where—
(a) a person has at any time been convicted of an offence under section 70
of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Fo rce Act
1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act  1957
(c. 53), and
(b) the corresponding civil offence (within the meaning of that Act) was a
relevant offence,
section 229 shall have effect as if he had at that time been co nvicted in England
and Wales of the corresponding civil offence.
234 Determination of day when offence committed
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 shall be
taken for the purposes of section 229 to have been committed on  the last of
those days.
235 Detention under sections 226 and 228
A person sentenced to be detained under section 226 or 228 is l iable to be
detained in such place, and under such conditions, as may be de termined by
the Secretary of State or by such other person as may be author ised by him for
the purpose.
236 Conversion of sentences of detention into sentences of impri sonment
For section 99 of the Sentencing Act (conversion of sentence of  detention and
custody into sentence of imprisonment) there is substituted—Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 5 — Dangerous offenders140
“Conversion of sentence of detention to sentence of imprisonmen t
99 Conversion of sentence of detention to sentence of imprisonme nt
(1) Subject to the following provisions of this section, where a n offender
has been sentenced by a relevant sentence of detention to a ter m of
detention and either—
(a) he has attained the age of 21, or
(b) he has attained the age of 18 and has been reported to the
Secretary of State by the board of visitors of the institution in
which he is detained as exercising a bad influence on the otherinmates of the institution or as behaving in a disruptive manne r
to the detriment of those inmates,
the Secretary of State may direct that he shall be treated as i f he had
been sentenced to imprisonment for the same term.
(2) Where the Secretary of State gives a direction under subsect ion (1)
above in relation to an offender, the portion of the term of de tention
imposed under the relevant sentence of detention which he has a lready
served shall be deemed to have been a portion of a term ofimprisonment.
(3) Where the Secretary of State gives a direction under subsect ion (1)
above in relation to an offender serving a sentence of detentio n for
public protection under section 226 of the Criminal Justice Act  2003 the
offender shall be treated as if he had been sentenced under sec tion 225
of that Act; and where the Secretary of State gives such a dire ction in
relation to an offender serving an extended sentence of detenti on under
section 228 of that Act the offender shall be treated as if he had been
sentenced under section 227 of that Act.
(4) Rules under section 47 of the Prison Act 1952 may provide th at any
award for an offence against discipline made in respect of an o ffender
serving a relevant sentence of detention shall continue to have  effect
after a direction under subsection (1) has been given in relati on to him.
(5) In this section “relevant sentence of detention” means—
(a) a sentence of detention under section 90 or 91 above,
(b) a sentence of detention for public protection under section 226
of the Criminal Justice Act 2003, or
(c) an extended sentence of detention under section 228 of that
Act.”
C
HAPTER  6
RELEASE  ON LICENCE
Preliminary
237 Meaning of “fixed-term prisoner”
(1) In this Chapter “fixed-term prisoner” means—
(a)  a person serving a sentence of imprisonment for a determina te term, orCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence141
(b) a person serving a determinate sentence of detention under s ection 91
of the Sentencing Act or under section 228 of this Act.
(2) In this Chapter, unless the context otherwise requires, “pri soner” includes a
person serving a sentence falling within subsection (1)(b); and  “prison”
includes any place where a person serving such a sentence is li able to be
detained.
Power of court to recommend licence conditions
238 Power of court to recommend licence conditions for certain p risoners
(1) A court which sentences an offender to a term of imprisonmen t of twelve
months or more in respect of any offence may, when passing sent ence,
recommend to the Secretary of State particular conditions which  in its view
should be included in any licence granted to the offender under  this Chapter
on his release from prison.
(2) In exercising his powers under section 250(4)(b) in respect of an offender, the
Secretary of State must have regard to any recommendation under  subsection
(1).
(3) A recommendation under subsection (1) is not to be treated f or any purpose as
part of the sentence passed on the offender.
(4) This section does not apply in relation to a sentence of det ention under section
91 of the Sentencing Act or section 228 of this Act.
239 The Parole Board
(1) The Parole Board is to continue to be, by that name, a body corporate and as
such is—
(a) to be constituted in accordance with this Chapter, and
(b) to have the functions conferred on it by this Chapter in res pect of fixed-
term prisoners and by Chapter 2 of Part 2 of the Crime (Sentenc es) Act
1997 (c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of
life prisoners within the meaning of that Chapter.
(2) It is the duty of the Board to advise the Secretary of State  with respect to any
matter referred to it by him which is to do with the early rele ase or recall of
prisoners.
(3) The Board must, in dealing with cases as respects which it m akes
recommendations under this Chapter or under Chapter 2 of Part 2  of the 1997
Act, consider—
(a) any documents given to it by the Secretary of State, and
(b) any other oral or written information obtained by it;
and if in any particular case the Board thinks it necessary to interview the
person to whom the case relates before reaching a decision, the  Board may
authorise one of its members to interview him and must consider  the report of
the interview made by that member.
(4) The Board must deal with cases as respects which it gives di rections under this
Chapter or under Chapter 2 of Part 2 of the 1997 Act on conside ration of all
such evidence as may be adduced before it.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence142
(5) Without prejudice to subsections (3) and (4), the Secretary of State may make
rules with respect to the proceedings of the Board, including p roceedings
authorising cases to be dealt with by a prescribed number of it s members or
requiring cases to be dealt with at prescribed times.
(6) The Secretary of State may also give to the Board directions  as to the matters to
be taken into account by it in discharging any functions under this Chapter or
under Chapter 2 of Part 2 of the 1997 Act; and in giving any su ch directions the
Secretary of State must have regard to—
(a) the need to protect the public from serious harm from offend ers, and
(b) the desirability of preventing the commission by them of fur ther
offences and of securing their rehabilitation.
(7) Schedule 19 shall have effect with respect to the Board.
Effect of remand in custody
240 Crediting of periods of remand in custody: terms of imprison ment and 
detention
(1) This section applies where—
(a) a court sentences an offender to imprisonment for a term in respect of
an offence committed after the commencement of this section, an d
(b) the offender has been remanded in custody (within the meanin g given
by section 242) in connection with the offence or a related off ence, that
is to say, any other offence the charge for which was founded o n the
same facts or evidence.
(2) It is immaterial for that purpose whether the offender—
(a) has also been remanded in custody in connection with other o ffences;
or
(b) has also been detained in connection with other matters.
(3) Subject to subsection (4), the court must direct that the nu mber of days for
which the offender was remanded in custody in connection with t he offence or
a related offence is to count as time served by him as part of the sentence.
(4) Subsection (3) does not apply if and to the extent that—
(a) rules made by the Secretary of State so provide in the case of—
(i) a remand in custody which is wholly or partly concurrent wit h
a sentence of imprisonment, or
(ii) sentences of imprisonment for consecutive terms or for term s
which are wholly or partly concurrent, or
(b) it is in the opinion of the court just in all the circumstan ces not to give a
direction under that subsection.
(5) Where the court gives a direction under subsection (3), it s hall state in open
court—
(a) the number of days for which the offender was remanded in cu stody,
and
(b) the number of days in relation to which the direction is giv en.
(6) Where the court does not give a direction under subsection ( 3), or gives such a
direction in relation to a number of days less than that for wh ich the offender
was remanded in custody, it shall state in open court—Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence143
(a) that its decision is in accordance with rules made under par agraph (a)
of subsection (4), or
(b) that it is of the opinion mentioned in paragraph (b) of that  subsection
and what the circumstances are.
(7) For the purposes of this section a suspended sentence—
(a) is to be treated as a sentence of imprisonment when it takes  effect under
paragraph 8(2)(a) or (b) of Schedule 12, and
(b) is to be treated as being imposed by the order under which i t takes
effect.
(8) For the purposes of the reference in subsection (3) to the t erm of imprisonment
to which a person has been sentenced (that is to say, the refer ence to his
“sentence”), consecutive terms and terms which are wholly or pa rtly
concurrent are to be treated as a single term if—
(a) the sentences were passed on the same occasion, or
(b) where they were passed on different occasions, the person ha s not been
released under this Chapter at any time during the period begin ning
with the first and ending with the last of those occasions.
(9) Where an offence is found to have been committed over a peri od of two or
more days, or at some time during a period of two or more days,  it shall be
taken for the purposes of subsection (1) to have been committed  on the last of
those days.
(10) This section applies to a determinate sentence of detention  under section 91 of
the Sentencing Act or section 228 of this Act as it applies to an equivalent
sentence of imprisonment.
241 Effect of direction under section 240 on release on licence
(1) In determining for the purposes of this Chapter or Chapter 3  (prison sentences
of less than twelve months) whether a person to whom a directio n under
section 240 relates—
(a) has served, or would (but for his release) have served, a pa rticular
proportion of his sentence, or
(b) has served a particular period,
the number of days specified in the direction are to be treated  as having been
served by him as part of that sentence or period.
(2) In determining for the purposes of section 183 (intermittent  custody) whether
any part of a sentence to which an intermittent custody order r elates is a licence
period, the number of custodial days, as defined by subsection (3) of that
section, is to be taken to be reduced by the number of days spe cified in a
direction under section 240.
242 Interpretation of sections 240 and 241
(1) For the purposes of sections 240 and 241, the definition of “sentence of
imprisonment” in section 305 applies as if for the words from t he beginning of
the definition to the end of paragraph (a) there were substitut ed—
“‘sentence of imprisonment’ does not include a committal—
(a) in default of payment of any sum of money, other than one
adjudged to be paid on a conviction,”;Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence144
and references in those sections to sentencing an offender to i mprisonment,
and to an offender’s sentence, are to be read accordingly.
(2) References in sections 240 and 241 to an offender’s being re manded in custody
are references to his being—
(a) remanded in or committed to custody by order of a court,
(b) remanded or committed to local authority accommodation under
section 23 of the Children and Young Persons Act 1969 (c. 54) an d kept
in secure accommodation or detained in a secure training centrepursuant to arrangements under subsection (7A) of that section,  or
(c) remanded, admitted or removed to hospital under section 35, 36, 38 or
48 of the Mental Health Act 1983 (c. 20).
(3) In subsection (2), “secure accommodation” has the same meani ng as in section
23 of the Children and Young Persons Act 1969.
243 Persons extradited to the United Kingdom
(1) A fixed-term prisoner is an extradited prisoner for the purp oses of this section
if—
(a) he was tried for the offence in respect of which his sentenc e was
imposed—
(i) after having been extradited to the United Kingdom, and
(ii) without having first been restored or had an opportunity of
leaving the United Kingdom, and
(b) he was for any period kept in custody while awaiting his ext radition to
the United Kingdom as mentioned in paragraph (a).
(2) In the case of an extradited prisoner, section 240 has effec t as if the days for
which he was kept in custody while awaiting extradition were da ys for which
he was remanded in custody in connection with the offence, or a ny other
offence the charge for which was founded on the same facts or e vidence.
(3) In this section—
“extradited to the United Kingdom” means returned to the United
Kingdom—
(a) in pursuance of extradition arrangements,
(b) under any law of a designated Commonwealth country
corresponding to the Extradition Act 1989 (c. 33),
(c) under that Act as extended to a British overseas territory o r
under any corresponding law of a British overseas territory,
(d) in pursuance of a warrant of arrest endorsed in the Republic  of
Ireland under the law of that country corresponding to theBacking of Warrants (Republic of Ireland) Act 1965 (c. 45), or
(e) in pursuance of arrangements with a foreign state in respect  of
which an Order in Council under section 2 of the ExtraditionAct 1870 (c. 52) is in force;
“extradition arrangements” has the meaning given by section 3 o f the
Extradition Act 1989;
“designated Commonwealth country” has the meaning given by sect ion
5(1) of that Act.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence145
Release on licence
244 Duty to release prisoners
(1) As soon as a fixed-term prisoner, other than a prisoner to w hom section 247
applies, has served the requisite custodial period, it is the d uty of the Secretary
of State to release him on licence under this section.
(2) Subsection (1) is subject to section 245.(3) In this section “the requisite custodial period” means—
(a) in relation to a person serving a sentence of imprisonment f or a term of
twelve months or more or any determinate sentence of detention under
section 91 of the Sentencing Act, one-half of his sentence,
(b) in relation to a person serving a sentence of imprisonment f or a term of
less than twelve months (other than one to which an intermitten t
custody order relates), the custodial period within the meaning  o f
section 181,
(c) in relation to a person serving a sentence of imprisonment t o which an
intermittent custody order relates, any part of the term which is not a
licence period as defined by section 183(3), and
(d) in relation to a person serving two or more concurrent or co nsecutive
sentences, the period determined under sections 263(2) and 264( 2).
245 Restrictions on operation of section 244(1) in relation to i ntermittent custody 
prisoners
(1) Where an intermittent custody prisoner returns to custody af ter being
unlawfully at large within the meaning of section 49 of the Pri son Act 1952
(c. 52) at any time during the currency of his sentence, section  244(1) does not
apply until—
(a) the relevant time (as defined in subsection (2)), or
(b) if earlier, the date on which he has served in prison the nu mber of
custodial days required by the intermittent custody order.
(2) In subsection (1)(a) “the relevant time” means—
(a) in a case where, within the period of 72 hours beginning wit h the return
to custody of the intermittent custody prisoner, the Secretary of State or
the responsible officer has applied to the court for the amendm ent of
the intermittent custody order under paragraph 6(1)(b) of Sched ule 10,
the date on which the application is withdrawn or determined, a nd
(b) in any other case, the end of that 72-hour period.
(3) Section 244(1) does not apply in relation to an intermittent  custody prisoner at
any time after he has been recalled under section 254, unless a fter his recall the
Board has directed his further release on licence.
246 Power to release prisoners on licence before required to do so
(1) Subject to subsections (2) to (4), the Secretary of State ma y—
(a) release on licence under this section a fixed-term prisoner,  other than
an intermittent custody prisoner, at any time during the period  of 135
days ending with the day on which the prisoner will have served  the
requisite custodial period, andCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence146
(b) release on licence under this section an intermittent custod y prisoner
when 135 or less of the required custodial days remain to be se rved.
(2) Subsection (1)(a) does not apply in relation to a prisoner u nless—
(a) the length of the requisite custodial period is at least 6 w eeks,
(b) he has served—
(i) at least 4 weeks of his sentence, and
(ii) at least one-half of the requisite custodial period.
(3) Subsection (1)(b) does not apply in relation to a prisoner u nless—
(a) the number of required custodial days is at least 42, and
(b) the prisoner has served—
(i) at least 28 of those days, and
(ii) at least one-half of the total number of those days.
(4) Subsection (1) does not apply where—
(a) the sentence is imposed under section 227 or 228,
(b) the sentence is for an offence under section 1 of the Prison ers (Return to
Custody) Act 1995 (c. 16),
(c) the prisoner is subject to a hospital order, hospital direct ion or transfer
direction under section 37, 45A or 47 of the Mental Health Act 1983
(c. 20),
(d) the sentence was imposed by virtue of paragraph 9(1)(b) or ( c) or
10(1)(b) or (c) of Schedule 8 in a case where the prisoner has failed to
comply with a curfew requirement of a community order,
(e) the prisoner is subject to the notification requirements of Part 2 of the
Sexual Offences Act 2003 (c. 42),
(f) the prisoner is liable to removal from the United Kingdom, 
(g) the prisoner has been released on licence under this section  during the
currency of the sentence, and has been recalled to prison under  section
255(1)(a),
(h) the prisoner has been released on licence under section 248 during the
currency of the sentence, and has been recalled to prison under  section
254, or
(i) in the case of a prisoner to whom a direction under section 240 relates,
the interval between the date on which the sentence was passed and the
date on which the prisoner will have served the requisite custo dial
period is less than 14 days or, where the sentence is one of in termittent
custody, the number of the required custodial days remaining to  b e
served is less than 14.
(5) The Secretary of State may by order—
(a) amend the number of days for the time being specified in sub section (1)
(a) or (b), (3) or (4)(i),
(b) amend the number of weeks for the time being specified in su bsection
(2)(a) or (b)(i), and
(c) amend the fraction for the time being specified in subsectio n (2)(b)(ii)
or (3)(b)(ii).
(6) In this section—
“the required custodial days”, in relation to an intermittent c ustody
prisoner, means—
(a) the number of custodial days specified under section 183, orCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence147
(b) in the case of two or more sentences of intermittent custody , the
aggregate of the numbers so specified;
“the requisite custodial period” in relation to a person servin g any
sentence other than a sentence of intermittent custody, has the  meaning
given by paragraph (a), (b) or (d) of section 244(3);
“sentence of intermittent custody” means a sentence to which an
intermittent custody order relates.
247 Release on licence of prisoner serving extended sentence und er section 227 or 
228
(1) This section applies to a prisoner who is serving an extende d sentence imposed
under section 227 or 228.
(2) As soon as—
(a) a prisoner to whom this section applies has served one-half of the
appropriate custodial term, and
(b) the Parole Board has directed his release under this section ,
it is the duty of the Secretary of State to release him on lice nce.
(3) The Parole Board may not give a direction under subsection ( 2) unless the
Board is satisfied that it is no longer necessary for the prote ction of the public
that the prisoner should be confined.
(4) As soon as a prisoner to whom this section applies has serve d the appropriate
custodial term, it is the duty of the Secretary of State to rel ease him on licence
unless the prisoner has previously been recalled under section 254.
(5) Where a prisoner to whom this section applies is released on  a licence, the
Secretary of State may not by virtue of section 250(4)(b) inclu de, or
subsequently insert, a condition in the licence, or vary or can cel a condition in
the licence, except after consultation with the Board.
(6) For the purposes of subsection (5), the Secretary of State i s to be treated as
having consulted the Board about a proposal to include, insert,  vary or cancel
a condition in any case if he has consulted the Board about the  implementation
of proposals of that description generally or in that class of case.
(7) In this section “the appropriate custodial term” means the p eriod determined
by the court as the appropriate custodial term under section 22 7 or 228.
248 Power to release prisoners on compassionate grounds
(1) The Secretary of State may at any time release a fixed-term prisoner on licence
if he is satisfied that exceptional circumstances exist which j ustify the
prisoner’s release on compassionate grounds.
(2) Before releasing under this section a prisoner to whom secti on 247 applies, the
Secretary of State must consult the Board, unless the circumsta nces are such as
to render such consultation impracticable.
249 Duration of licence
(1) Subject to subsections (2) and (3), where a fixed-term priso ner is released on
licence, the licence shall, subject to any revocation under sec tion 254 or 255,
remain in force for the remainder of his sentence.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence148
(2) Where an intermittent custody prisoner is released on licenc e under section
244, the licence shall, subject to any revocation under section  254, remain in
force—
(a) until the time when he is required to return to prison at th e beginning
of the next custodial period of the sentence, or
(b) where it is granted at the end of the last custodial period,  f o r  t h e
remainder of his sentence.
(3) Subsection (1) has effect subject to sections 263(2) (concur rent terms) and 264(3)
and (4) (consecutive terms).
(4) In subsection (2) “custodial period”, in relation to a sente nce to which an
intermittent custody order relates, means any period which is n ot a licence
period as defined by 183(3).
250 Licence conditions
(1) In this section—
(a) “the standard conditions” means such conditions as may be pr escribed
for the purposes of this section as standard conditions, and
(b) “prescribed” means prescribed by the Secretary of State by o rder.
(2) Subject to subsection (6) and section 251, any licence under  this Chapter in
respect of a prisoner serving one or more sentences of imprison ment of less
than twelve months and no sentence of twelve months or more—
(a) must include—
(i) the conditions required by the relevant court order, and
(ii) so far as not inconsistent with them, the standard conditio ns,
and
(b) may also include—
(i) any condition which is authorised by section 62 of the Crimi nal
Justice and Court Services Act 2000 (c. 43) (electronicmonitoring) or section 64 of that Act (drug testingrequirements) and which is compatible with the conditionsrequired by the relevant court order, and
(ii) such other conditions of a kind prescribed for the purposes  of
this paragraph as the Secretary of State may for the time beingconsider to be necessary for the protection of the public andspecify in the licence.
(3) For the purposes of subsection (2)(a)(i), any reference in t he relevant court
order to the licence period specified in the order is, in relat ion to a prohibited
activity requirement, exclusion requirement, residence requirem ent or
supervision requirement, to be taken to include a reference to any other period
during which the prisoner is released on licence under section 246 or 248.
(4) Any licence under this Chapter in respect of a prisoner serv ing a sentence of
imprisonment for a term of twelve months or more (including suc h a sentence
imposed under section 227) or any sentence of detention under s ection 91 of the
Sentencing Act or section 228 of this Act—
(a) must include the standard conditions, and
(b) may include—
(i) any condition authorised by section 62 or 64 of the Criminal
Justice and Court Services Act 2000, andCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence149
(ii) such other conditions of a kind prescribed by the Secretary  of
State for the purposes of this paragraph as the Secretary of St ate
may for the time being specify in the licence.
(5) A licence under section 246 must also include a curfew condi tion complying
with section 253.
(6) Where— 
(a) a licence under section 246 is granted to a prisoner serving  one or more
sentences of imprisonment of less than 12 months and no sentenc e of 12
months or more, and
(b) the relevant court order requires the licence to be granted subject to a
condition requiring his compliance with a curfew requirement (a s
defined by section 204),
that condition is not to be included in the licence at any time  while a curfew
condition required by section 253 is in force. 
(7) The preceding provisions of this section have effect subject  to section 263(3)
(concurrent terms) and section 264(3) and (4) (consecutive term s).
(8) In exercising his powers to prescribe standard conditions or  the other
conditions referred to in subsection (4)(b)(ii), the Secretary of State must have
regard to the following purposes of the supervision of offender s while on
licence under this Chapter—
(a) the protection of the public,
(b) the prevention of re-offending, and
(c) securing the successful re-integration of the prisoner into the
community.
251 Licence conditions on re-release of prisoner serving sentenc e of less than 12 
months
(1) In relation to any licence under this Chapter which is grant ed to a prisoner
serving one or more sentences of imprisonment of less than twel ve months and
no sentence of twelve months or more on his release in pursuanc e of a decision
of the Board under section 254 or 256, subsections (2) and (3) apply instead of
section 250(2).
(2) The licence—
(a) must include the standard conditions, and
(b) may include—
(i) any condition authorised by section 62 or 64 of the Criminal
Justice and Court Services Act 2000 (c. 43), and
(ii) such other conditions of a kind prescribed by the Secretary  of
State for the purposes of section 250(4)(b)(ii) as the Secretar y of
State may for the time being specify in the licence.
(3) In exercising his powers under subsection (2)(b)(ii), the Se cretary of State must
have regard to the terms of the relevant court order.
(4) In this section “the standard conditions” has the same meani ng as in section
250.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence150
252 Duty to comply with licence conditions
A person subject to a licence under this Chapter must comply wi th such
conditions as may for the time being be specified in the licenc e.
253 Curfew condition to be included in licence under section 246
(1) For the purposes of this Chapter, a curfew condition is a co ndition which—
(a) requires the released person to remain, for periods for the time being
specified in the condition, at a place for the time being so sp ecified
(which may be premises approved by the Secretary of State undersection 9 of the Criminal Justice and Court Services Act 2000 ( c. 43)),
and
(b) includes requirements for securing the electronic monitoring  of his
whereabouts during the periods for the time being so specified.
(2) The curfew condition may specify different places or differe nt periods for
different days, but may not specify periods which amount to les s than 9 hours
in any one day (excluding for this purpose the first and last d ays of the period
for which the condition is in force).
(3) The curfew condition is to remain in force until the date wh en the released
person would (but for his release) fall to be released on licen ce under section
244.
(4) Subsection (3) does not apply in relation to a released pers on to whom an
intermittent custody order relates; and in relation to such a p erson the curfew
condition is to remain in force until the number of days during  which it has
been in force is equal to the number of the required custodial days, as defined
in section 246(6), that remained to be served at the time when he was released
under section 246.
(5) The curfew condition must include provision for making a per son responsible
for monitoring the released person’s whereabouts during the per iods for the
time being specified in the condition; and a person who is made  so responsible
shall be of a description specified in an order made by the Sec retary of State.
(6) Nothing in this section is to be taken to require the Secret ary of State to ensure
that arrangements are made for the electronic monitoring of rel eased persons’
whereabouts in any particular part of England and Wales.
Recall after release
254 Recall of prisoners while on licence
(1) The Secretary of State may, in the case of any prisoner who has been released
on licence under this Chapter, revoke his licence and recall hi m to prison.
(2) A person recalled to prison under subsection (1)—
(a) may make representations in writing with respect to his reca ll, and
(b) on his return to prison, must be informed of the reasons for  his recall
and of his right to make representations.
(3) The Secretary of State must refer to the Board the case of a  person recalled
under subsection (1).Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence151
(4) Where on a reference under subsection (3) relating to any pe rson the Board
recommends his immediate release on licence under this Chapter,  the
Secretary of State must give effect to the recommendation.
(5) In the case of an intermittent custody prisoner who has not yet served in prison
the number of custodial days specified in the intermittent cust ody order, any
recommendation by the Board as to immediate release on licence is to be a
recommendation as to his release on licence until the end of on e of the licence
periods specified by virtue of section 183(1)(b) in the intermi ttent custody
order.
(6) On the revocation of the licence of any person under this se ction, he shall be
liable to be detained in pursuance of his sentence and, if at l arge, is to be treated
as being unlawfully at large.
(7) Nothing in subsections (2) to (6) applies in relation to a p erson recalled under
section 255.
255 Recall of prisoners released early under section 246
(1) If it appears to the Secretary of State, as regards a person  released on licence
under section 246—
(a) that he has failed to comply with any condition included in his licence,
or
(b) that his whereabouts can no longer be electronically monitor ed at the
place for the time being specified in the curfew condition incl uded in
his licence,
the Secretary of State may, if the curfew condition is still in  force, revoke the
licence and recall the person to prison under this section.
(2) A person whose licence under section 246 is revoked under th is section—
(a) may make representations in writing with respect to the revo cation,
and
(b) on his return to prison, must be informed of the reasons for  the
revocation and of his right to make representations.
(3) The Secretary of State, after considering any representation s under subsection
(2)(b) or any other matters, may cancel a revocation under this  section.
(4) Where the revocation of a person’s licence is cancelled unde r subsection (3), the
person is to be treated for the purposes of section 246 as if h e had not been
recalled to prison under this section.
(5) On the revocation of a person’s licence under section 246, h e is liable to be
detained in pursuance of his sentence and, if at large, is to b e treated as being
unlawfully at large.
256 Further release after recall
(1) Where on a reference under section 254(3) in relation to any  person, the Board
does not recommend his immediate release on licence under this Chapter, the
Board must either—
(a) fix a date for the person’s release on licence, or
(b) fix a date as the date for the next review of the person’s c ase by the
Board.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence152
(2) Any date fixed under subsection (1)(a) or (b) must not be la ter than the first
anniversary of the date on which the decision is taken.
(3) The Board need not fix a date under subsection (1)(a) or (b)  if the prisoner will
fall to be released unconditionally at any time within the next  12 months.
(4) Where the Board has fixed a date under subsection (1)(a), it  is the duty of the
Secretary of State to release him on licence on that date.
(5) On a review required by subsection (1)(b) in relation to any  person, the Board
may—
(a) recommend his immediate release on licence, or
(b) fix a date under subsection (1)(a) or (b).
Additional days
257 Additional days for disciplinary offences
(1) Prison rules, that is to say, rules made under section 47 of  the Prison Act 1952
(c. 52), may include provision for the award of additional days—
(a) to fixed-term prisoners, or
(b) conditionally on their subsequently becoming such prisoners,  t o
persons on remand,
who (in either case) are guilty of disciplinary offences.
(2) Where additional days are awarded to a fixed-term prisoner, or to a person on
remand who subsequently becomes such a prisoner, and are not re mitted in
accordance with prison rules—
(a) any period which he must serve before becoming entitled to o r eligible
for release under this Chapter,
(b) any period which he must serve before he can be removed from  prison
under section 260, and
(c) any period for which a licence granted to him under this Cha pter
remains in force,
is extended by the aggregate of those additional days.
Fine defaulters and contemnors
258 Early release of fine defaulters and contemnors
(1) This section applies in relation to a person committed to pr ison—
(a) in default of payment of a sum adjudged to be paid by a conv iction, or
(b) for contempt of court or any kindred offence.
(2) As soon as a person to whom this section applies has served one-half of the
term for which he was committed, it is the duty of the Secretar y of State to
release him unconditionally.
(3) Where a person to whom this section applies is also serving one or more
sentences of imprisonment, nothing in this section requires the  Secretary of
State to release him until he is also required to release him i n respect of that
sentence or each of those sentences.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence153
(4) The Secretary of State may at any time release unconditional ly a person to
whom this section applies if he is satisfied that exceptional c ircumstances exist
which justify the person’s release on compassionate grounds.
Persons liable to removal from the United Kingdom
259 Persons liable to removal from the United Kingdom
For the purposes of this Chapter a person is liable to removal from the United
Kingdom if—
(a) he is liable to deportation under section 3(5) of the Immigr ation Act
1971 (c. 77) and has been notified of a decision to make a depor tation
order against him,
(b) he is liable to deportation under section 3(6) of that Act,
(c) he has been notified of a decision to refuse him leave to en ter the United
Kingdom, 
(d) he is an illegal entrant within the meaning of section 33(1)  of that Act, or
(e) he is liable to removal under section 10 of the Immigration and Asylum
Act 1999 (c. 33).
260 Early removal of prisoners liable to removal from United Kin gdom
(1) Subject to subsections (2) and (3), where a fixed-term priso ner is liable to
removal from the United Kingdom, the Secretary of State may rem ove him
from prison under this section at any time during the period of  135 days ending
with the day on which the prisoner will have served the requisi te custodial
period.
(2) Subsection (1) does not apply in relation to a prisoner unle ss—
(a) the length of the requisite custodial period is at least 6 w eeks, and
(b) he has served—
(i) at least 4 weeks of his sentence, and
(ii) at least one-half of the requisite custodial period.
(3) Subsection (1) does not apply where—
(a) the sentence is imposed under section 227 or 228,
(b) the sentence is for an offence under section 1 of the Prison ers (Return to
Custody) Act 1995 (c. 16),
(c) the prisoner is subject to a hospital order, hospital direct ion or transfer
direction under section 37, 45A or 47 of the Mental Health Act 1983
(c. 20),
(d) the prisoner is subject to the notification requirements of Part 2 of the
Sexual Offences Act 2003 (c. 42), or
(e) in the case of a prisoner to whom a direction under section 240 relates,
the interval between the date on which the sentence was passed and the
date on which the prisoner will have served the requisite custo dial
period is less than 14 days.
(4) A prisoner removed from prison under this section—
(a) is so removed only for the purpose of enabling the Secretary  of State to
remove him from the United Kingdom under powers conferred by— 
(i) Schedule 2 or 3 to the Immigration Act 1971, orCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence154
(ii) section 10 of the Immigration and Asylum Act 1999 (c. 33), a nd
(b) so long as remaining in the United Kingdom, remains liable t o be
detained in pursuance of his sentence until he has served the r equisite
custodial period.
(5) So long as a prisoner removed from prison under this section  remains in the
United Kingdom but has not been returned to prison, any duty or  power of the
Secretary of State under section 244 or 248 is exercisable in r elation to him as if
he were in prison.
(6) The Secretary of State may by order—
(a) amend the number of days for the time being specified in sub section (1)
or (3)(e),
(b) amend the number of weeks for the time being specified in su bsection
(2)(a) or (b)(i), and
(c) amend the fraction for the time being specified in subsectio n (2)(b)(ii).
(7) In this section “the requisite custodial period” has the mea ning given by
paragraph (a), (b) or (d) of section 244(3).
261 Re-entry into United Kingdom of offender removed from prison  early
(1) This section applies in relation to a person who, after bein g removed from
prison under section 260, has been removed from the United King dom before
he has served the requisite custodial period.
(2) If a person to whom this section applies enters the United K ingdom at any time
before his sentence expiry date, he is liable to be detained in  pursuance of his
sentence from the time of his entry into the United Kingdom unt il whichever
is the earlier of the following—
(a) the end of a period (“the further custodial period”) beginni ng with that
time and equal in length to the outstanding custodial period, a nd
(b) his sentence expiry date.
(3) A person who is liable to be detained by virtue of subsectio n (2) is, if at large,
to be taken for the purposes of section 49 of the Prison Act 19 52 (c. 52) (persons
unlawfully at large) to be unlawfully at large.
(4) Subsection (2) does not prevent the further removal from the  United Kingdom
of a person falling within that subsection.
(5) Where, in the case of a person returned to prison by virtue of subsection (2), the
further custodial period ends before the sentence expiry date, section 244 has
effect in relation to him as if the reference to the requisite custodial period were
a reference to the further custodial period.
(6) In this section—
“further custodial period” has the meaning given by subsection (2)(a);
“outstanding custodial period”, in relation to a person to whom  this
section applies, means the period beginning with the date of hi s
removal from the United Kingdom and ending with the date on whi ch
he would, but for his removal, have served the requisite custod ial
period;
“requisite custodial period” has the meaning given by paragraph  (a), (b)
or (d) of section 244(3);Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence155
“sentence expiry date”, in relation to a person to whom this se ction
applies, means the date on which, but for his removal from the United
Kingdom, he would have ceased to be subject to a licence.
262 Prisoners liable to removal from United Kingdom: modificatio ns of Criminal 
Justice Act 1991
Part 2 of the Criminal Justice Act 1991 (c. 53) (early release o f prisoners) shall
(until the coming into force of its repeal by this Act) have ef fect subject to the
modifications set out in Schedule 20 (which relate to persons l iable to removal
from the United Kingdom) .
Consecutive or concurrent terms
263 Concurrent terms
(1) This section applies where— 
(a) a person (“the offender”) has been sentenced by any court to  two or
more terms of imprisonment which are wholly or partly concurren t,
and
(b) the sentences were passed on the same occasion or, where the y were
passed on different occasions, the person has not been released  under
this Chapter at any time during the period beginning with the f irst and
ending with the last of those occasions.
(2) Where this section applies—
(a) nothing in this Chapter requires the Secretary of State to r elease the
offender in respect of any of the terms unless and until he is required to
release him in respect of each of the others,
(b) section 244 does not authorise the Secretary of State to rel ease him on
licence under that section in respect of any of the terms unles s and until
that section authorises the Secretary of State to do so in resp ect of each
of the others,
(c) on and after his release under this Chapter the offender is to be on
licence for so long, and subject to such conditions, as is requ ired by this
Chapter in respect of any of the sentences.
(3) Where the sentences include one or more sentences of twelve months or more
and one or more sentences of less than twelve months, the terms  of the licence
may be determined by the Secretary of State in accordance with section
250(4)(b), without regard to the requirements of any custody pl us order or
intermittent custody order.
(4) In this section “term of imprisonment” includes a determinat e sentence of
detention under section 91 of the Sentencing Act or under secti on 228 of this
Act.
264 Consecutive terms
(1) This section applies where—
(a) a person (“the offender”) has been sentenced to two or more terms of
imprisonment which are to be served consecutively on each other , and
(b) the sentences were passed on the same occasion or, where the y were
passed on different occasions, the person has not been released  underCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence156
this Chapter at any time during the period beginning with the f irst and
ending with the last of those occasions.
(2) Nothing in this Chapter requires the Secretary of State to r elease the offender
on licence until he has served a period equal in length to the aggregate of the
length of the custodial periods in relation to each of the term s of imprisonment.
(3) Where any of the terms of imprisonment is a term of twelve m onths or more,
the offender is, on and after his release under this Chapter, t o be on licence—
(a) until he would, but for his release, have served a term equa l in length
to the aggregate length of the terms of imprisonment, and
(b) subject to such conditions as are required by this Chapter i n respect of
each of those terms of imprisonment.
(4) Where each of the terms of imprisonment is a term of less th an twelve months,
the offender is, on and after his release under this Chapter, t o be on licence until
the relevant time, and subject to such conditions as are requir ed by this
Chapter in respect of any of the terms of imprisonment, and non e of the terms
is to be regarded for any purpose as continuing after the relev ant time.
(5) In subsection (4) “the relevant time” means the time when th e offender would,
but for his release, have served a term equal in length to the aggregate of—
(a) all the custodial periods in relation to the terms of impris onment, and
(b) the longest of the licence periods in relation to those term s.
(6) In this section—
(a) “custodial period”—
(i) in relation to an extended sentence imposed under section 22 7
or 228, means the appropriate custodial term determined underthat section,
(ii) in relation to a term of twelve months or more, means one-h alf
of the term, and
(iii) in relation to a term of less than twelve months complying  with
section 181, means the custodial period as defined by subsectio n
(3)(a) of that section;
(b) “licence period”, in relation to a term of less than twelve months
complying with section 181, has the meaning given by subsection  (3)(b)
of that section.
(7) This section applies to a determinate sentence of detention under section 91 of
the Sentencing Act or under section 228 of this Act as it appli es to a term of
imprisonment of 12 months or more.
Restriction on consecutive sentences for released prisoners
265 Restriction on consecutive sentences for released prisoners
(1) A court sentencing a person to a term of imprisonment may no t order or direct
that the term is to commence on the expiry of any other sentenc e of
imprisonment from which he has been released early under this C hapter.
(2) In this section “sentence of imprisonment” includes a senten ce of detention
under section 91 of the Sentencing Act or section 228 of this A ct, and “term of
imprisonment” is to be read accordingly.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence157
Drug testing requirements
266 Release on licence etc: drug testing requirements
(1) Section 64 of the Criminal Justice and Court Services Act 20 00 (c. 43) (release on
licence etc: drug testing requirements) is amended as follows.
(2) In subsection (1) for paragraph (a) there is substituted—
“(a) the Secretary of State releases from prison a person aged 1 4 or
over on whom a sentence of imprisonment has been imposed,
(aa) a responsible officer is of the opinion—
(i) that the offender has a propensity to misuse specified
Class A drugs, and
(ii) that the misuse by the offender of any specified Class A
drug caused or contributed to any offence of which hehas been convicted, or is likely to cause or contribute tothe commission of further offences, and”.
(3) After subsection (4) there is inserted—
“(4A) A person under the age of 17 years may not be required by virtue of this
section to provide a sample otherwise than in the presence of a n
appropriate adult.”
(4) In subsection (5), after paragraph (e) there is inserted “an d
(f) a sentence of detention under section 226 or 228 of the Crim inal
Justice Act 2003,”.
(5) After subsection (5) there is inserted—
“(6) In this section—
“appropriate adult”, in relation to a person aged under 17,
means—
(a) his parent or guardian or, if he is in the care of a local
authority or voluntary organisation, a personrepresenting that authority or organisation,
(b) a social worker of a local authority social services
department, or
(c) if no person falling within paragraph (a) or (b) is
available, any responsible person aged 18 or over who isnot a police officer or a person employed by the police;
“responsible officer” means—
(a) in relation to an offender aged under 18, an officer of a
local probation board or a member of a youth offendingteam;
(b) in relation to an offender aged 18 or over, an officer of a
local probation board.”
Supplemental
267 Alteration by order of relevant proportion of sentence
The Secretary of State may by order provide that any reference in section
244(3)(a), section 247(2) or section 264(6)(a)(ii) to a particu lar proportion of aCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 6 — Release on licence158
prisoner’s sentence is to be read as a reference to such other proportion of a
prisoner’s sentence as may be specified in the order. 
268 Interpretation of Chapter 6
In this Chapter—
“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);“the Board” means the Parole Board;
“fixed-term prisoner” has the meaning given by section 237(1);
“intermittent custody prisoner” means a prisoner serving a sent ence of
imprisonment to which an intermittent custody order relates;
“prison” and “prisoner” are to be read in accordance with secti on 237(2);
“release”, in relation to a prisoner serving a sentence of impr isonment to
which an intermittent custody order relates, includes temporaryrelease;
“relevant court order”, in relation to a person serving a sente nce of
imprisonment to which a custody plus order or intermittent cust ody
order relates, means that order.
C
HAPTER  7
EFFECT  OF LIFE SENTENCE
269 Determination of minimum term in relation to mandatory life sentence
(1) This section applies where after the commencement of this se ction a court
passes a life sentence in circumstances where the sentence is f ixed by law.
(2) The court must, unless it makes an order under subsection (4 ), order that the
provisions of section 28(5) to (8) of the Crime (Sentences) Act  1997 (referred to
in this Chapter as “the early release provisions”) are to apply  to the offender as
soon as he has served the part of his sentence which is specifi ed in the order.
(3) The part of his sentence is to be such as the court consider s appropriate taking
into account—
(a) the seriousness of the offence, or of the combination of the  offence and
any one or more offences associated with it, and
(b) the effect of any direction which it would have given under section 240
(crediting periods of remand in custody) if it had sentenced hi m to a
term of imprisonment.
(4) If the offender was 21 or over when he committed the offence  and the court is
of the opinion that, because of the seriousness of the offence,  or of the
combination of the offence and one or more offences associated with it, no
order should be made under subsection (2), the court must order  that the early
release provisions are not to apply to the offender.
(5) In considering under subsection (3) or (4) the seriousness o f an offence (or of
the combination of an offence and one or more offences associat ed with it), the
court must have regard to— 
(a) the general principles set out in Schedule 21, and
(b) any guidelines relating to offences in general which are rel evant to the
case and are not incompatible with the provisions of Schedule 2 1.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 7 — Effect of life sentence159
(6) The Secretary of State may by order amend Schedule 21 .
(7) Before making an order under subsection (6), the Secretary o f State shall
consult the Sentencing Guidelines Council.
270 Duty to give reasons
(1) Any court making an order under subsection (2) or (4) of sec tion 269 must state
in open court, in ordinary language, its reasons for deciding o n the order made.
(2) In stating its reasons the court must, in particular—
(a) state which of the starting points in Schedule 21 it has cho sen and its
reasons for doing so, and
(b) state its reasons for any departure from that starting point .
271 Appeals
(1) In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence
following conviction on indictment), after subsection (1) there  is inserted—
“(1A) In subsection (1) of this section, the reference to a sent ence fixed by law
does not include a reference to an order made under subsection (2) or
(4) of section 269 of the Criminal Justice Act 2003 in relation  to a life
sentence (as defined in section 277 of that Act) that is fixed by law.”.
(2) In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20)  (right of appeal
from court-martial to Courts-Martial Appeal Court) after subsec tion (1) there
is inserted—
“(1ZA) In subsection (1) above, the reference to a sentence fixe d by law does
not include a reference to an order made under subsection (2) o r (4) of
section 269 of the Criminal Justice Act 2003 in relation to a l ife sentence
(as defined in section 277 of that Act) that is fixed by law.”.
272 Review of minimum term on a reference by Attorney General
(1) In section 36 of the Criminal Justice Act 1988 (c. 33) (revie ws of sentencing)
after subsection (3) there is inserted—
“(3A) Where a reference under this section relates to an order u nder
subsection (2) of section 269 of the Criminal Justice Act 2003(determination of minimum term in relation to mandatory lifesentence), the Court of Appeal shall not, in deciding what orde r under
that section is appropriate for the case, make any allowance fo r the fact
that the person to whom it relates is being sentenced for a sec ond
time.”.
(2) Each of the following sections (which relate to the review b y the Courts-Martial
Appeal Court of sentences passed by courts-martial)—
(a) section 113C of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(b) section 113C of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), and
(c) section 71AC of the Naval Discipline Act 1957 (c. 53),
is amended as follows.
(3) After subsection (3) there is inserted—Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 7 — Effect of life sentence160
“(3A) Where a reference under this section relates to an order under
subsection (2) of section 269 of the Criminal Justice Act 2003(determination of minimum term in relation to mandatory lifesentence), the Courts-Martial Appeal Court shall not, in decidi ng what
order under that section is appropriate for the case, make anyallowance for the fact that the person to whom it relates is be ing
sentenced for a second time.”.
273 Life prisoners transferred to England and Wales
(1) The Secretary of State must refer the case of any transferre d life prisoner to the
High Court for the making of one or more relevant orders.
(2) In subsection (1) “transferred life prisoner” means a person —
(a) on whom a court in a country or territory outside the Britis h Islands has
imposed one or more sentences of imprisonment or detention for an
indeterminate period, and
(b) who has been transferred to England and Wales after the
commencement of this section in pursuance of—
(i) an order made by the Secretary of State under section 2 of t he
Colonial Prisoners Removal Act 1884 (c. 31), or
(ii) a warrant issued by the Secretary of State under the
Repatriation of Prisoners Act 1984 (c. 47),
there to serve his sentence or sentences or the remainder of hi s sentence
or sentences.
(3) In subsection (1) “a relevant order” means—
(a) in the case of an offence which appears to the court to be a n offence for
which, if it had been committed in England and Wales, the sente nce
would have been fixed by law, an order under subsection (2) or (4) of
section 269, and
(b) in any other case, an order under subsection (2) or (4) of s ection 82A of
the Sentencing Act.
(4) In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (m eaning of “life
prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “and
includes a transferred life prisoner as defined by section 273 of the Criminal
Justice Act 2003”.
274 Further provisions about references relating to transferred life prisoners
(1) A reference to the High Court under section 273 is to be det ermined by a single
judge of that court without an oral hearing.
(2) In relation to a reference under that section, any reference  to “the court” in
subsections (2) to (5) of section 269, in Schedule 21 or in sec tion 82A(2) to (4) of
the Sentencing Act is to be read as a reference to the High Cou rt.
(3) A person in respect of whom a reference has been made under section 273 may
with the leave of the Court of Appeal appeal to the Court of Ap peal against the
decision of the High Court on the reference.
(4) Section 1(1) of the Administration of Justice Act 1960 (c. 65 ) (appeal to House
of Lords from decision of High Court in a criminal cause or mat ter) and section
18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of app eal from HighCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 7 — Effect of life sentence161
Court to Court of Appeal in a criminal cause or matter) do not apply in relation
to a decision to which subsection (3) applies.
(5) The jurisdiction conferred on the Court of Appeal by subsect ion (3) is to be
exercised by the criminal division of that court.
(6) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limita tion on appeal from
criminal division of Court of Appeal) does not prevent an appea l to the House
of Lords under this section.
(7) In relation to appeals to the Court of Appeal or the House o f Lords under this
section, the Secretary of State may make an order containing pr ovision
corresponding to any provision in the Criminal Appeal Act 1968 (subject to any
specified modifications).
275 Duty to release certain life prisoners
(1) Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to  release certain life
prisoners) is amended as follows.
(2) For subsection (1A) there is substituted—
“(1A) This section applies to a life prisoner in respect of whom  a minimum
term order has been made; and any reference in this section to the
relevant part of such a prisoner’s sentence is a reference to t he part of
the sentence specified in the order.”
(3) In subsection (1B)(a)—
(a) for the words from the beginning to “applies” there is subst ituted “this
section does not apply to him”, and
(b) for the words from “such an order” to “appropriate stage” th ere is
substituted “a minimum term order has been made in respect of e ach of
those sentences”.
(4) After subsection (8) there is inserted—
“(8A) In this section “minimum term order” means an order under—
(a) subsection (2) of section 82A of the Powers of Criminal Cour ts
(Sentencing) Act 2000 (determination of minimum term inrespect of life sentence that is not fixed by law), or
(b) subsection (2) of section 269 of the Criminal Justice Act 20 03
(determination of minimum term in respect of mandatory lifesentence).”.
276 Mandatory life sentences: transitional cases
Schedule 22 (which relates to the effect in transitional cases of mandatory life
sentences) shall have effect.
277 Interpretation of Chapter 7
In this Chapter—
“court” includes a court-martial;
“guidelines” has the same meaning as in section 172(1);“life sentence” means—
(a) a sentence of imprisonment for life,Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 7 — Effect of life sentence162
(b) a sentence of detention during Her Majesty’s pleasure, or
(c) a sentence of custody for life passed before the commencemen t
of section 61(1) of the Criminal Justice and Court Services Act2000 (c. 43) (which abolishes that sentence).
C
HAPTER  8
OTHER  PROVISIONS  ABOUT  SENTENCING
Deferment of sentence
278 Deferment of sentence
Schedule 23 (deferment of sentence) shall have effect.
Power to include drug treatment and testing requirement in cert ain orders in respect of young 
offenders
279 Drug treatment and testing requirement in action plan order or supervision 
order
Schedule 24 (which enables a requirement as to drug treatment a nd testing to
be included in an action plan order or a supervision order) sha ll have effect.
Alteration of penalties for offences
280 Alteration of penalties for specified summary offences
(1) The summary offences listed in Schedule 25 are no longer pun ishable with
imprisonment.
(2) Schedule 26 (which contains amendments increasing the maximu m term of
imprisonment for certain summary offences from 4 months or less  to 51 weeks)
shall have effect.
(3) This section does not affect the penalty for any offence com mitted before the
commencement of this section.
281 Alteration of penalties for other summary offences
(1) Subsection (2) applies to any summary offence which—
(a) is an offence under a relevant enactment,
(b) is punishable with a maximum term of imprisonment of five mo nths or
less, and
(c) is not listed in Schedule 25 or Schedule 26.
(2) The Secretary of State may by order amend any relevant enact ment so as to—
(a) provide that any summary offence to which this subsection ap plies is
no longer punishable with imprisonment, or
(b) increase to 51 weeks the maximum term of imprisonment to whi ch a
person is liable on conviction of the offence.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing163
(3) An order under subsection (2) may make such supplementary, i ncidental or
consequential provision as the Secretary of State considers nec essary or
expedient, including provision amending any relevant enactment.
(4) Subsection (5) applies to any summary offence which—
(a) is an offence under a relevant enactment, and
(b) is punishable with a maximum term of imprisonment of six mon ths.
(5) The maximum term of imprisonment to which a person is liable  on conviction
of an offence to which this subsection applies is, by virtue of  this subsection, 51
weeks (and the relevant enactment in question is to be read as if it had been
amended accordingly).
(6) Neither of the following—
(a) an order under subsection (2), or
(b) subsection (5),
affects the penalty for any offence committed before the commen cement of that
order or subsection (as the case may be).
(7) In this section and section 282 “relevant enactment” means a ny enactment
contained in—
(a) an Act passed before or in the same Session as this Act, or
(b) any subordinate legislation made before the passing of this Act.
(8) In subsection (7) “subordinate legislation” has the same mea ning as in the
Interpretation Act 1978 (c. 30).
282 Increase in maximum term that may be imposed on summary conv iction of 
offence triable either way
(1) In section 32 of the Magistrates’ Courts Act 1980 (c. 43) (pe nalties on summary
conviction for offences triable either way) in subsection (1) ( offences listed in
Schedule 1 to that Act) for “not exceeding 6 months” there is s ubstituted “not
exceeding 12 months”.
(2) Subsection (3) applies to any offence triable either way whi ch—
(a) is an offence under a relevant enactment,
(b) is punishable with imprisonment on summary conviction, and
(c) is not listed in Schedule 1 to the Magistrates’ Courts Act 1 980.
(3) The maximum term of imprisonment to which a person is liable  on summary
conviction of an offence to which this subsection applies is by  virtue of this
subsection 12 months (and the relevant enactment in question is  to be read as
if it had been amended accordingly).
(4) Nothing in this section affects the penalty for any offence committed before the
commencement of this section.
283 Enabling powers: power to alter maximum penalties
(1) The Secretary of State may by order, in accordance with subs ection (2) or (3),
amend any relevant enactment which confers a power (however fra med or
worded) by subordinate legislation to make a person—
(a) as regards a summary offence, liable on conviction to a term  o f
imprisonment;Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing164
(b) as regards an offence triable either way, liable on summary conviction
to a term of imprisonment.
(2) An order made by virtue of paragraph (a) of subsection (1) m ay amend the
relevant enactment in question so as to—
(a) restrict the power so that a person may no longer be made li able on
conviction of a summary offence to a term of imprisonment, or
(b) increase to 51 weeks the maximum term of imprisonment to whi ch a
person may be made liable on conviction of a summary offence un der
the power.
(3) An order made by virtue of paragraph (b) of that subsection may amend the
relevant enactment in question so as to increase the maximum te rm of
imprisonment to which a person may be made liable on summary co nviction
of an offence under the power to 12 months.
(4) Schedule 27 (which amends the maximum penalties which may be  imposed by
virtue of certain enabling powers) shall have effect.
(5) The power conferred by subsection (1) shall not apply to the  enactments
amended under Schedule 27.
(6) An order under subsection (1) may make such supplementary, i ncidental or
consequential provision as the Secretary of State considers nec essary or
expedient, including provision amending any relevant enactment.
(7) None of the following—
(a) an order under subsection (1), or
(b) Schedule 27,
affects the penalty for any offence committed before the commen cement of that
order or Schedule (as the case may be).
(8) In subsection (1) “subordinate legislation” has the same mea ning as in the
Interpretation Act 1978 (c. 30).
(9) In this section “relevant enactment” means any enactment con tained in an Act
passed before or in the same Session as this Act.
284 Increase in penalties for drug-related offences
(1) Schedule 28 (increase in penalties for certain drug-related offences) shall have
effect.
(2) That Schedule does not affect the penalty for any offence co mmitted before the
commencement of that Schedule.
285 Increase in penalties for certain driving-related offences
(1) In section 12A of the Theft Act 1968 (c. 60) (aggravated vehi cle-taking), in
subsection (4), for “five years” there is substituted “fourteen  years”.
(2) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution
and punishment of offences) is amended in accordance with subse ctions (3)
and (4).
(3) In the entry relating to section 1 of the Road Traffic Act 1 988 (c. 52) (causing
death by dangerous driving), in column 4, for “10 years” there is substituted
“14 years”.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing165
(4) In the entry relating to section 3A of that Act (causing dea th by careless driving
when under influence of drink or drugs), in column 4, for “10 y ears” there is
substituted “14 years”.
(5) Part I of Schedule 1 to the Road Traffic Offenders (Northern  Ireland) Order
1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is
amended in accordance with subsections (6) and (7).
(6) In the entry relating to Article 9 of the Road Traffic (Nort hern Ireland) Order
1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodi ly injury by
dangerous driving), in column 4, for “10 years” there is substi tuted “14 years”.
(7) In the entry relating to Article 14 of that Order (causing d eath or grievous
bodily injury by careless driving when under the influence of d rink or drugs),
in column 4, for “10 years” there is substituted “14 years”.
(8) This section does not affect the penalty for any offence com mitted before the
commencement of this section.
286 Increase in penalties for offences under section 174 of Road  Traffic Act 1988
(1) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 19 88 (c. 53)
(prosecution and punishment of offences), in the entry relating  to section 174
of the Road Traffic Act 1988 (c. 52) (false statements and withh olding material
information), for columns (3) and (4) there is substituted—
(2) Section 282(3) (increase in maximum term that may be imposed  on summary
conviction of offence triable either way) has effect in relatio n to the entry
amended by subsection (1) as it has effect in relation to any o ther enactment
contained in an Act passed before this Act.
(3) This section does not apply in relation to any offence commi tted before the
commencement of this section.
Firearms offences
287 Minimum sentence for certain firearms offences
After section 51 of the Firearms Act 1968 (c. 27) there is inser ted the following
section—
“51A Minimum sentence for certain offences under s. 5
(1) This section applies where—"(a) Summarily (a) 6 months
or thestatutorymaximumor both
(b) On
indictment(b) 2 years or a
fine orboth.”Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing166
(a) an individual is convicted of—
(i) an offence under section 5(1)(a), (ab), (aba), (ac), (ad),
(ae), (af) or (c) of this Act, or
(ii) an offence under section 5(1A)(a) of this Act, and
(b) the offence was committed after the commencement of this
section and at a time when he was aged 16 or over.
(2) The court shall impose an appropriate custodial sentence (or  order for
detention) for a term of at least the required minimum term (wi th or
without a fine) unless the court is of the opinion that there a re
exceptional circumstances relating to the offence or to the off ender
which justify its not doing so.
(3) Where an offence is found to have been committed over a peri od of two
or more days, or at some time during a period of two or more da ys, it
shall be taken for the purposes of this section to have been co mmitted
on the last of those days.
(4) In this section “appropriate custodial sentence (or order fo r detention)”
means—
(a) in relation to England and Wales—
(i) in the case of an offender who is aged 18 or over when
convicted, a sentence of imprisonment, and
(ii) in the case of an offender who is aged under 18 at that
time, a sentence of detention under section 91 of thePowers of Criminal Courts (Sentencing) Act 2000;
(b) in relation to Scotland—
(i) in the case of an offender who is aged 21 or over when
convicted, a sentence of imprisonment,
(ii) in the case of an offender who is aged under 21 at that
time (not being an offender mentioned in sub-paragraph(iii)), a sentence of detention under section 207 of theCriminal Procedure (Scotland) Act 1995, and
(iii) in the case of an offender who is aged under 18 at that
time and is subject to a supervision requirement, anorder for detention under section 44, or sentence ofdetention under section 208, of that Act.
(5) In this section “the required minimum term” means—
(a) in relation to England and Wales—
(i) in the case of an offender who was aged 18 or over when
he committed the offence, five years, and
(ii) in the case of an offender who was under 18 at that time,
three years, and
(b) in relation to Scotland—
(i) in the case of an offender who was aged 21 or over when
he committed the offence, five years, and
(ii) in the case of an offender who was aged under 21 at that
time, three years.”
288 Certain firearms offences to be triable only on indictment
In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosec ution and
punishment of offences) for the entries relating to offences un der section 5(1)Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing167
(possessing or distributing prohibited weapons or ammunition) a nd section
5(1A) (possessing or distributing other prohibited weapons) the re is
substituted—
289 Power to sentence young offender to detention in respect of certain firearms 
offences: England and Wales
(1) Section 91 of the Sentencing Act (offenders under 18 convict ed of certain
serious offences: power to detain for specified period) is amen ded as follows.
(2) After subsection (1) there is inserted—
“(1A) Subsection (3) below also applies where—
(a) a person aged under 18 is convicted on indictment of an
offence— 
(i) under subsection (1)(a), (ab), (aba), (ac), (ad), (ae), (af)  or
(c) of section 5 of the Firearms Act 1968 (prohibitedweapons), or
(ii) under subsection (1A)(a) of that section,
(b) the offence was committed after the commencement of section
51A of that Act and at a time when he was aged 16 or over, and“Section
5(1)(a), (ab),(aba), (ac),(ad), (ae), (af)or (c)Possessing or
distributingprohibitedweapons orammunition.On indictment 10 years or a
fine, or both.
Section 5(1)(b) Possessing or
distributingprohibitedweapondesigned fordischarge ofnoxious liquidetc. (a) Summary 6 months or a
fine of thestatutorymaximum, orboth.
(b) On indictment 10 years or a
fine or both.
Section
5(1A)(a)Possessing or
distributingfirearmdisguised asother object.On indictment 10 years or a
fine, or both.
Section
5(1A)(b), (c),(d), (e), (f) or(g)Possessing or
distributingotherprohibitedweapons.(a) Summary 6 months or a
fine of thestatutorymaximum, orboth.
(b) On indictment 10 years or a
fine, or both.”Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing168
(c) the court is of the opinion mentioned in section 51A(2) of t hat
Act (exceptional circumstances which justify its not imposingrequired custodial sentence).”
(3) After subsection (4) there is inserted—
“(5) Where subsection (2) of section 51A of the Firearms Act 196 8 requires
the imposition of a sentence of detention under this section fo r a term
of at least the required minimum term (within the meaning of th at
section), the court shall sentence the offender to be detained for such
period, of at least that term but not exceeding the maximum ter m of
imprisonment with which the offence is punishable in the case o f a
person aged 18 or over, as may be specified in the sentence.”.
290 Power to sentence young offender to detention in respect of certain firearms 
offences: Scotland
(1) The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended  as follows.
(2) In section 49(3) (children’s hearing for purpose of obtainin g advice as to
treatment of child), at the end there is added “except that whe re the
circumstances are such as are mentioned in paragraphs (a) and ( b) of section
51A(1) of the Firearms Act 1968 it shall itself dispose of the case”.
(3) In section 208 (detention of children convicted on indictmen t), the existing
provisions become subsection (1); and after that subsection the re is added—
“(2) Subsection (1) does not apply where the circumstances are s uch as are
mentioned in paragraphs (a) and (b) of section 51A(1) of the Fi rearms
Act 1968.”.
291 Power by order to exclude application of minimum sentence to  those under 18
(1) The Secretary of State may by order—
(a) amend section 51A(1)(b) of the Firearms Act 1968 (c. 27) by s ubstituting
for the word “16” the word “18”,
(b) repeal section 91(1A)(c) and (5) of the Sentencing Act,
(c) amend subsection (3) of section 49 of the Criminal Procedure  (Scotland)
Act 1995 by repealing the exception to that subsection,
(d) repeal section 208(2) of that Act, and
(e) make such other provision as he considers necessary or exped ient in
consequence of, or in connection with, the provision made by vi rtue of
paragraphs (a) to (d).
( 2 ) T h e  p r o v i s i o n  t h a t  m a y  b e  m a d e  b y  v i r t u e  o f  s u b s e c t i o n  ( 1) ( e ) includes, in
particular, provision amending or repealing any provision of an  Act
(whenever passed), including any provision of this Act.
292 Sentencing for firearms offences in Northern Ireland
Schedule 29 (which contains amendments of the Firearms (Norther n Ireland)
Order 1981 (S.I. 1981/155 (N.I. 2)) relating to sentencing) shal l have effect.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing169
293 Increase in penalty for offences relating to importation or exportation of 
certain firearms
(1) The Customs and Excise Management Act 1979 (c. 2) is amended as follows.
(2) In section 50 (penalty for improper importation of goods), f or subsection (5A)
there is substituted—
“(5A) In the case of—
(a) an offence under subsection (2) or (3) above committed in Gr eat
Britain in connection with a prohibition or restriction on theimportation of any weapon or ammunition that is of a kindmentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (a f) or (c)
or (1A)(a) of the Firearms Act 1968, 
(b) any such offence committed in Northern Ireland in connection
with a prohibition or restriction on the importation of anyweapon or ammunition that is of a kind mentioned in Article6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firear ms
(Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibitio n
contained in section 20 of the Forgery and Counterfeiting Act1981,
subsection (4)(b) above shall have effect as if for the words “ 7 years”
there were substituted the words “10 years”.”
(3) In section 68 (offences in relation to exportation of prohib ited or restricted
goods) for subsection (4A) there is substituted—
“(4A) In the case of—
(a) an offence under subsection (2) or (3) above committed in Gr eat
Britain in connection with a prohibition or restriction on theexportation of any weapon or ammunition that is of a kindmentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (a f) or (c)
or (1A)(a) of the Firearms Act 1968, 
(b) any such offence committed in Northern Ireland in connection
with a prohibition or restriction on the exportation of anyweapon or ammunition that is of a kind mentioned in Article6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firear ms
(Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibitio n
contained in section 21 of the Forgery and Counterfeiting Act1981,
subsection (3)(b) above shall have effect as if for the words “ 7 years”
there were substituted the words “10 years”.”
(4) In section 170 (penalty for fraudulent evasion of duty, etc) , for subsection (4A)
there is substituted—
“(4A) In the case of—
(a) an offence under subsection (2) or (3) above committed in Gr eat
Britain in connection with a prohibition or restriction on theimportation or exportation of any weapon or ammunition thatis of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), ( ad),
(ae), (af) or (c) or (1A)(a) of the Firearms Act 1968, 
(b) any such offence committed in Northern Ireland in connection
w i t h  a  p r o h i b i t i o n  o r  r e s t r i c t i o n  o n  t h e  i m p o r t a t i o n  o rCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing170
exportation of any weapon or ammunition that is of a kind
mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a)
of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibitio ns
contained in sections 20 and 21 of the Forgery andCounterfeiting Act 1981,
subsection (3)(b) above shall have effect as if for the words “ 7 years”
there were substituted the words “10 years”.”
(5) This section does not affect the penalty for any offence com mitted before the
commencement of this section.
Offenders transferred to mental hospital
294 Duration of directions under Mental Health Act 1983 in relat ion to offenders
(1) Section 50 of the Mental Health Act 1983 (c. 20) (further pro visions as to
prisoners under sentence) is amended as follows.
(2) In subsection (1), for “the expiration of that person’s sent ence” there is
substituted “his release date”.
(3) For subsections (2) and (3) there is substituted—
“(2) A restriction direction in the case of a person serving a sentence of
imprisonment shall cease to have effect, if it has not previous ly done so,
on his release date.
(3) In this section, references to a person’s release date are t o the day (if
any) on which he would be entitled to be released (whetherunconditionally or on licence) from any prison or other institu tion in
which he might have been detained if the transfer direction had  not
been given; and in determining that day there shall be disregar ded—
(a) any powers that would be exercisable by the Parole Board if he
were detained in such a prison or other institution, and
(b) any practice of the Secretary of State in relation to the ea rly
release under discretionary powers of persons detained in sucha prison or other institution.”.
295 Access to Parole Board for certain patients serving prison s entences
In section 74 of the Mental Health Act 1983 (restricted patient s subject to
restriction directions) after subsection (5) there is inserted—
“(5A) Where the tribunal have made a recommendation under subsec tion
(1)(b) above in the case of a patient who is subject to a restr iction
direction or a limitation direction— 
(a) the fact that the restriction direction or limitation direct ion
remains in force does not prevent the making of any applicationor reference to the Parole Board by or in respect of him or theexercise by him of any power to require the Secretary of State to
refer his case to the Parole Board, and
(b) if the Parole Board make a direction or recommendation by
virtue of which the patient would become entitled to bereleased (whether unconditionally or on licence) from anyCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing171
prison or other institution in which he might have been
detained if he had not been removed to hospital, the restrictio n
direction or limitation direction shall cease to have effect at  the
time when he would become entitled to be so released.”
296 Duration of directions under Mental Health (Northern Ireland ) Order 1986 in 
relation to offenders
(1) Article 56 of the Mental Health (Northern Ireland) Order 198 6 (S.I. 1986/
595 (N.I. 4)) (further provisions as to prisoners under sentence)  is amended as
follows.
(2) In paragraph (1), for “the expiration of that person’s sente nce” there is
substituted “his release date”.
(3) For paragraphs (2) and (3) there is substituted—
“(2) A restriction direction in the case of a person serving a s entence of
imprisonment shall cease to have effect, if it has not previous ly done so,
on his release date.
(3) In this Article, references to a person’s release date are t o the day (if
any) on which he would be entitled to be released (whetherunconditionally or on licence) from any prison or juvenile just ice centre
in which he might have been detained if the transfer direction had not
been given; and in determining that day any powers that would b e
exercisable by the Sentence Review Commissioners or the Life Se ntence
Review Commissioners if he were detained in such a prison or ju venile
justice centre shall be disregarded.”
297 Access to Sentence Review Commissioners and Life Sentence Re view 
Commissioners for certain Northern Ireland patients
In Article 79 of the Mental Health (Northern Ireland) Order 198 6 (restricted
patients subject to restriction directions) after paragraph (5)  there is inserted—
“(5A) Where the tribunal have made a recommendation under paragr aph
(1)(b) in the case of a patient who is subject to a restriction  direction—
(a) the fact that the restriction direction remains in force doe s not
prevent—
(i) the making of any application or reference to the Life
Sentence Review Commissioners by or in respect of himor the exercise by him of any power to require theSecretary of State to refer his case to thoseCommissioners, or
(ii) the making of any application by him to the Sentence
Review Commissioners, and
(b) if—
(i) the Life Sentence Review Commissioners give a
direction by virtue of which the patient would becomeentitled to be released (whether unconditionally or onlicence) from any prison or juvenile justice centre inwhich he might have been detained if the transferdirection had not been given, orCriminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing172
(ii) the Sentence Review Commissioners grant a declaration
by virtue of which he would become so entitled,
the restriction direction shall cease to have effect at the tim e at
which he would become so entitled.”.
Term of detention and training order
298 Term of detention and training order
(1) Section 101 of the Sentencing Act (which relates to detentio n and training
orders) is amended as follows.
(2) In subsection (1), for “subsection (2)” there is substituted  “subsections (2) and
(2A)”.
(3) After subsection (2) there is inserted—
“(2A) Where—
(a) the offence is a summary offence,
(b) the maximum term of imprisonment that a court could (in the
case of an offender aged 18 or over) impose for the offence is 51
weeks,
the term of a detention and training order may not exceed 6 mon ths.”
Disqualification from working with children
299 Disqualification from working with children
Schedule 30 (which contains amendments of Part 2 of the Crimina l Justice and
Court Services Act 2000 (c. 43) relating to disqualification ord ers under that
Part) shall have effect.
Fine defaulters
300 Power to impose unpaid work requirement or curfew requiremen t on fine 
defaulter
(1) Subsection (2) applies in any case where, in respect of a pe rson aged 16 or over,
a magistrates’ court—
(a) has power under Part 3 of the Magistrates’ Courts Act 1980 ( c. 43) to
issue a warrant of commitment for default in paying a sum adjud ged to
be paid by a conviction (other than a sum ordered to be paid un der
section 6 of the Proceeds of Crime Act 2002 (c. 29)), or
(b) would, but for section 89 of the Sentencing Act (restriction s on custodial
sentences for persons under 18), have power to issue such a war rant for
such default.
(2) The magistrates’ court may, instead of issuing a warrant of commitment or, as
the case may be, proceeding under section 81 of the Magistrates ’ Courts Act
1980 (enforcement of fines imposed on young offender), order th e person in
default to comply with—
(a) an unpaid work requirement (as defined by section 199), or
(b) a curfew requirement (as defined by section 204).Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing173
(3) In this Part “default order” means an order under subsection  (2).
(4) Subsections (3) and (4) of section 177 (which relate to elec tronic monitoring)
have effect in relation to a default order as they have effect in re lati on to a
community order.
(5) Where a magistrates’ court has power to make a default order , it may, if it
thinks it expedient to do so, postpone the making of the order until such time
and on such conditions (if any) as it thinks just.
(6) Schedule 8 (breach, revocation or amendment of community ord er), Schedule
9 (transfer of community orders to Scotland or Northern Ireland ) and Chapter
4 (further provisions about orders under Chapters 2 and 3) have  effect in
relation to default orders as they have effect in relation to c ommunity orders,
but subject to the modifications contained in Schedule 31.
(7) Where a default order has been made for default in paying an y sum—
(a) on payment of the whole sum to any person authorised to rece ive it, the
order shall cease to have effect, and
(b) on payment of a part of the sum to any such person, the tota l number
of hours or days to which the order relates is to be taken to b e reduced
by a proportion corresponding to that which the part paid bears  to the
whole sum.
(8) In calculating any reduction required by subsection (7)(b), any fraction of a day
or hour is to be disregarded.
301 Fine defaulters: driving disqualification
(1) Subsection (2) applies in any case where a magistrates’ cour t—
(a) has power under Part 3 of the Magistrates’ Courts Act 1980 ( c. 43) to
issue a warrant of commitment for default in paying a sum adjud ged to
be paid by a conviction (other than a sum ordered to be paid un der
section 6 of the Proceeds of Crime Act 2002 (c. 29)), or
(b) would, but for section 89 of the Sentencing Act (restriction s on custodial
sentences for persons under 18), have power to issue such a war rant for
such default.
(2) The magistrates’ court may, instead of issuing a warrant of commitment or, as
the case may be, proceeding under section 81 of the Magistrates ’ Courts Act
1980 (enforcement of fines imposed on young offenders), order t he person in
default to be disqualified, for such period not exceeding twelv e months as it
thinks fit, for holding or obtaining a driving licence.
(3) Where an order has been made under subsection (2) for defaul t in paying any
sum—
(a) on payment of the whole sum to any person authorised to rece ive it, the
order shall cease to have effect, and
(b) on payment of part of the sum to any such person, the total number of
weeks or months to which the order relates is to be taken to be  reduced
by a proportion corresponding to that which the part paid bears  to the
whole sum.
(4) In calculating any reduction required by subsection (3)(b) a ny fraction of a
week or month is to be disregarded.Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing174
(5) The Secretary of State may by order amend subsection (2) by substituting, for
the period there specified, such other period as may be specifi ed in the order.
(6) A court which makes an order under this section disqualifyin g a person for
holding or obtaining a driving licence shall require him to pro duce—
(a) any such licence held by him together with its counterpart; or
(b) in the case where he holds a Community licence (within the m eaning of
Part 3 of the Road Traffic Act 1988 (c. 52)), his Community lice nce and
its counterpart (if any).
(7) In this section—
“driving licence” means a licence to drive a motor vehicle gran ted under
Part 3 of the Road Traffic Act 1988;
“counterpart”—
(a) in relation to a driving licence, has the meaning given in r elation
to such a licence by section 108(1) of that Act; and
(b) in relation to a Community licence, has the meaning given by
section 99B of that Act.
CHAPTER  9
SUPPLEMENTARY
302 Execution of process between England and Wales and Scotland
Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24)  (execution of
process of English and Welsh courts in Scotland) applies to any  process issued
by a magistrates’ court under—
paragraph 7(2) or (4), 13(6) or 25(1) of Schedule 8,
paragraph 12 of Schedule 9, paragraph 8(1) of Schedule 10, or
paragraph 6(2) or (4), 12(1) or 20(1) of Schedule 12,
as it applies to process issued under the Magistrates’ Courts A c t  19 8 0  b y  a
magistrates’ court.
303 Sentencing: repeals
The following enactments (which are superseded by the provision s of this Part)
shall cease to have effect—
(a) Part 2 of the Criminal Justice Act 1991 (c. 53) (early releas e of prisoners),
(b) in the Crime (Sentences) Act 1997 (c. 43)—
(i) section 29 (power of Secretary of State to release life pris oners to
whom section 28 of that Act does not apply),
(ii) section 33 (transferred prisoners), and
(iii) sections 35 and 40 (fine defaulters),
(c) sections 80 and 81 of the Crime and Disorder Act 1998 (c. 37)
(sentencing guidelines), and
(d) in the Sentencing Act—
(i) Chapter 3 of Part 4 (community orders available only where
offender 16 or over),
(ii) section 85 (sexual or violent offences: extension of custod ial
term for licence purposes),Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 9 — Supplementary175
(iii) sections 87 and 88 (remand in custody),
(iv) section 109 (life sentence for second serious offence), and
(v) Chapter 5 of Part 5 (suspended sentences).
304 Amendments relating to sentencing
Schedule 32 (which contains amendments related to the provision s of this Part)
shall have effect.
305 Interpretation of Part 12
(1) In this Part, except where the contrary intention appears—
“accredited programme” has the meaning given by section 202(2);“activity requirement”, in relation to a community order, custo dy plus
order, intermittent custody order or suspended sentence order, has the
meaning given by section 201;
“alcohol treatment requirement”, in relation to a community ord er or
suspended sentence order, has the meaning given by section 212;
“the appropriate officer of the court” means, in relation to a magistrates’
court, the clerk of the court;
“associated”, in relation to offences, is to be read in accorda nce with
section 161(1) of the Sentencing Act;
“attendance centre” has the meaning given by section 221(2);
“attendance centre requirement”, in relation to a community ord er,
custody plus order, intermittent custody order or suspended sen tence
order, has the meaning given by section 214;
“community order” has the meaning given by section 177(1);
“community requirement”, in relation to a suspended sentence or der, has
the meaning given by section 189(7);
“community sentence” has the meaning given by section 147(1);“court” (without more), except in Chapter 7, does not include a  service
court;
“curfew requirement”, in relation to a community order, custody  plus
order, intermittent custody order or suspended sentence order, has the
meaning given by section 204;
“custodial sentence” has the meaning given by section 76 of the
Sentencing Act;
“custody plus order” has the meaning given by section 181(4);
“default order” has the meaning given by section 300(3);
“drug rehabilitation requirement”, in relation to a community o rder or
suspended sentence order, has the meaning given by section 209;
“electronic monitoring requirement”, in relation to a community  order,
custody plus order, intermittent custody order or suspended sen tence
order, has the meaning given by section 215;
“exclusion requirement”, in relation to a community order, cust ody plus
order, intermittent custody order or suspended sentence order, has the
meaning given by section 205;
“guardian” has the same meaning as in the Children and Young Pe rsons
Act 1933 (c. 12);
“intermittent custody order” has the meaning given by section 1 83(2);
“licence” means a licence under Chapter 6;Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 9 — Supplementary176
“local probation board” means a local probation board establish ed under
section 4 of the Criminal Justice and Court Services Act 2000 ( c. 43);
“mental health treatment requirement”, in relation to a communi ty order
or suspended sentence order, has the meaning given by section 2 07;
“pre-sentence report” has the meaning given by section 158(1);“programme requirement”, in relation to a community order, cust ody
plus order, intermittent custody order or suspended sentence or der,
has the meaning given by section 202;
“prohibited activity requirement”, in relation to a community o rder,
custody plus order, intermittent custody order or suspended sen tence
order, has the meaning given by section 203;
“residence requirement”, in relation to a community order or su spended
sentence order, has the meaning given by section 206;
“responsible officer”, in relation to an offender to whom a com munity
order, a custody plus order, an intermittent custody order or asuspended sentence order relates, has the meaning given by sect ion
197;
“sentence of imprisonment” does not include a committal—
(a) in default of payment of any sum of money,
(b) for want of sufficient distress to satisfy any sum of money,  or
(c) for failure to do or abstain from doing anything required to  be
done or left undone,
and references to sentencing an offender to imprisonment are to  be read
accordingly;
“the Sentencing Act” means the Powers of Criminal Courts (Sente ncing)
Act 2000 (c. 6);
“service court” means—
(a) a court-martial constituted under the Army Act 1955
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) orthe Naval Discipline Act 1957 (c. 53);
(b) a summary appeal court constituted under section 83ZA of the
Army Act 1955, section 83ZA of the Air Force Act 1955 orsection 52FF of the Naval Discipline Act 1957;
(c) the Courts-Martial Appeal Court; or
(d) a Standing Civilian Court;
“service disciplinary proceedings” means—
(a) 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 ofthose Acts to award a punishment in respect of any offence),and
(b) any proceedings before a Standing Civilian Court;
“supervision requirement”, in relation to a community order, cu stody
plus order, intermittent custody order or suspended sentence or der,
has the meaning given by section 213;
“suspended sentence” and “suspended sentence order” have the me aning
given by section 189(7);
“unpaid work requirement”, in relation to a community order, cu stody
plus order, intermittent custody order or suspended sentence or der,
has the meaning given by section 199;Criminal Justice Act 2003 (c. 44)
Part 12 — Sentencing
Chapter 9 — Supplementary177
“youth offending team” means a team established under section 3 9 of the
Crime and Disorder Act 1998 (c. 37).
(2) For the purposes of any provision of this Part which require s the determination
of the age of a person by the court or the Secretary of State, his age is to be taken
to be that which it appears to the court or (as the case may be ) the Secretary of
State to be after considering any available evidence.
(3) Any reference in this Part to an offence punishable with imp risonment is to be
read without regard to any prohibition or restriction imposed b y or under any
Act on the imprisonment of young offenders.
(4) For the purposes of this Part—
(a) a sentence falls to be imposed under subsection (2) of secti on 51A of the
Firearms Act 1968 (c. 27) if it is required by that subsection a nd the
court is not of the opinion there mentioned,
(b) a sentence falls to be imposed under section 110(2) or 111(2 ) of the
Sentencing Act if it is required by that provision and the cour t is not of
the opinion there mentioned, 
(c) a sentence falls to be imposed under section 225 or 227 if, because the
court is of the opinion mentioned in subsection (1)(b) of that section, the
court is obliged to pass a sentence complying with that section , 
(d) a sentence falls to be imposed under section 226 if, because  the court is
of the opinion mentioned in subsection (1)(b) of that section a nd
considers that the case falls within subsection (2) or (3) of t hat section,
the court is obliged to pass a sentence complying with that sec tion, and
(e) a sentence falls to be imposed under section 228 if, because  the court is
of the opinion mentioned in subsection (1)(b)(i) and (ii) of th at section,
the court is obliged to pass a sentence complying with that sec tion.
PART 13
MISCELLANEOUS
Detention of suspected terrorists
306 Limit on period of detention without charge of suspected ter rorists
(1) Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is a mended as follows.
(2) At the beginning of paragraph 29(3) (duration of warrants of  further detention)
there is inserted “Subject to paragraph 36(3A),”.
(3) In sub-paragraph (3) of paragraph 36 (extension of warrants) — 
(a) at the beginning there is inserted “Subject to sub-paragraph  (3A),”, and
(b) for the words from “beginning” onwards there is substituted
“beginning with the relevant time”.
(4) After that sub-paragraph there is inserted—
“(3A) Where the period specified in a warrant of further detenti on—
(a) ends at the end of the period of seven days beginning with
the relevant time, or
(b) by virtue of a previous extension (or further extension) und er
this sub-paragraph, ends after the end of that period,Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous178
the specified period may, on an application under this paragrap h, be
extended or further extended to a period ending not later than the
end of the period of fourteen days beginning with the relevant time.
(3B) In this paragraph “the relevant time”, in relation to a per son,
means—
(a) the time of his arrest under section 41, or
(b) if he was being detained under Schedule 7 when he was
arrested under section 41, the time when his examinationunder that Schedule began.”
Enforcement of legislation on endangered species
307 Enforcement of regulations implementing Community legislatio n on 
endangered species
(1) In this section—
“the 1972 Act” means the European Communities Act 1972 (c. 68);“relevant Community instrument” means—
(a) Council Regulation 338/97/EC on the protection of species of
wild fauna and flora by regulating the trade therein, and
(b) Commission Regulation 1808/01/EC on the implementation of
the Council Regulation mentioned in paragraph (a).
(2) Regulations made under section 2(2) of the 1972 Act for the purpose of
implementing any relevant Community instrument may, notwithstan ding
paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offence s punishable on
conviction on indictment with imprisonment for a term not excee ding five
years.
(3) In relation to Scotland and Northern Ireland, regulations ma de under section
2(2) of the 1972 Act for the purpose of implementing any releva nt Community
instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2  to the 1972
Act, create offences punishable on summary conviction with impr isonment for
a term not exceeding six months.
(4) In Scotland, a constable may arrest without a warrant a pers on—
(a) who has committed or attempted to commit an offence under
regulations made under section 2(2) of the 1972 Act for the pur pose of
implementing any relevant Community instrument, or
(b) whom he has reasonable grounds for suspecting to have commit ted or
to have attempted to commit such an offence.
(5) Until the coming into force of paragraph 3 of Schedule 27 (w hich amends
paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—
(a) with the omission of the words “in relation to Scotland and Northern
Ireland”, and
(b) as if, in relation to England and Wales, the definition of “ relevant
Community instrument” also included Council Directive 92/43/EECon the conservation of natural habitats and wild fauna and flor a as
amended by the Act of Accession to the European Union of Austri a,
Finland and Sweden and by Council Directive 97/62/EC.
(6) Any reference in this section to a Community instrument is t o be read—
(a) as a reference to that instrument as amended from time to ti me, andCriminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous179
(b) where any provision of that instrument has been repealed, as  including
a reference to any instrument that re-enacts the repealed provi sion
(with or without amendment).
Miscellaneous provisions about criminal proceedings
308 Non-appearance of defendant: plea of guilty
In section 12 of the Magistrates’ Courts Act 1980 (c. 43) (non-a ppearance of
accused: plea of guilty) subsection (1)(a)(i) (which excludes o ffences
punishable with imprisonment for term exceeding 3 months) is om itted.
309 Preparatory hearings for serious offences not involving frau d
In section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25)
(power to order preparatory hearings) in subsection (1) (prepar atory hearing
may be held in complex or lengthy trial) after “complexity” the re is inserted “a
case of such seriousness”.
310 Preparatory hearings to deal with severance and joinder of c harges
(1) In section 7(1) of the Criminal Justice Act 1987 (c. 38) (whi ch sets out the
purposes of preparatory hearings in fraud cases) after paragrap h (d) there is
inserted “or
(e) considering questions as to the severance or joinder of char ges.”
(2) In section 9(3) of that Act (determinations as to the admiss ibility of evidence
etc) after paragraph (c) there is inserted “and
(d) any question as to the severance or joinder of charges.”
(3) In section 9(11) of that Act (appeals against orders or ruli ngs under section
9(3)(b) or (c)) for “or (c)” there is substituted “(c) or (d)”.
(4) In section 29(2) of the Criminal Procedure and Investigation s Act 1996
(purposes of preparatory hearings in non-fraud cases) after par agraph (d)
there is inserted—
“(e) considering questions as to the severance or joinder of
charges,”.
(5) In section 31(3) of that Act (rulings as to the admissibilit y of evidence etc) after
paragraph (b) there is inserted—
“(c) any question as to the severance or joinder of charges.”
311 Reporting restrictions for preparatory hearings
(1) The Criminal Justice Act 1987 is amended as follows.
(2) In paragraphs (a) and (b) of section 11(1) (restrictions on reporting) for “Great
Britain” there is substituted “the United Kingdom”.
(3) In section 11A (offences in connection with reporting) after  subsection (3) there
is inserted—
“(3A) Proceedings for an offence under this section shall not be  instituted in
Northern Ireland otherwise than by or with the consent of the A ttorney
General for Northern Ireland.”Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous180
(4) In section 17(3) (extent) after “sections 2 and 3;” there is  inserted “sections 11
and 11A;”.
(5) The Criminal Procedure and Investigations Act 1996 (c. 25) is  a m e n d e d  a s
follows.
(6) In paragraphs (a) and (b) of section 37(1) (restrictions on reporting) for “Great
Britain” there is substituted “the United Kingdom”.
(7) In section 38 (offences in connection with reporting) after subsection (3) there
is inserted—
“(3A) Proceedings for an offence under this section shall not be  instituted in
Northern Ireland otherwise than by or with the consent of the A ttorney
General for Northern Ireland.”
(8) In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for “Great
Britain” there is substituted “the United Kingdom”.
(9) In section 79(3) (extent) after “Parts III” there is inserte d “(other than sections
37 and 38)”.
(10) In Schedule 4 (modifications for Northern Ireland) paragrap h 16 is omitted.
312 Awards of costs
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as fo llows.
(2) In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal
Justice Act 1987 (c. 38) may be met out of central funds) after “1987” there is
inserted “or section 35(1) of the Criminal Procedure and Invest igations Act
1996”.
(3) In section 18(2) (award of costs against accused in case of dismissal of appeal
under section 9(11) of the Criminal Justice Act 1987 etc) after  paragraph (c)
there is inserted “or
(d) an appeal or application for leave to appeal under section 3 5(1)
of the Criminal Procedure and Investigations Act 1996.”
313 Extension of investigations by Criminal Cases Review Commiss ion in 
England and Wales
(1) Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to  order
investigations by Criminal Cases Review Commission) is amended as follows.
(2) In subsection (1) after “conviction” there is inserted “or a n application for leave
to appeal against conviction,”.
(3) In paragraph (a) of that subsection—
(a) at the beginning there is inserted “in the case of an appeal ,”, and
(b) for “case”, in both places where it occurs, there is substit uted “appeal”.
(4) After paragraph (a) of that subsection there is inserted—
“(aa) in the case of an application for leave to appeal, the mat ter is
relevant to the determination of the application and ought, ifpossible, to be resolved before the application is determined;” .
(5) After that subsection there is inserted—Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous181
“(1A) A direction under subsection (1) above may not be given by  a single
judge, notwithstanding that, in the case of an application for leave to
appeal, the application may be determined by a single judge asprovided for by section 31 of this Act.”
(6) After subsection (4) there is inserted—
“(5) In this section “respondent” includes a person who will be a respondent
if leave to appeal is granted.”
314 Extension of investigations by Criminal Cases Review Commiss ion in 
Northern Ireland
(1) Section 25A of the Criminal Appeal (Northern Ireland) Act 19 80 (c. 47) (power
to order investigations by Criminal Cases Review Commission) is  amended as
follows.
(2) In subsection (1) after “conviction” there is inserted “or a n application for leave
to appeal against conviction,”.
(3) In paragraph (a) of that subsection—
(a) at the beginning there is inserted “in the case of an appeal ,”, and
(b) for “case”, in both places where it occurs, there is substit uted “appeal”.
(4) After paragraph (a) of that subsection there is inserted—
“(aa) in the case of an application for leave to appeal, the mat ter is
relevant to the determination of the application and ought, ifpossible, to be resolved before the application is determined;” .
(5) After that subsection there is inserted—
“(1A) A direction under subsection (1) above may not be given by  a single
judge, notwithstanding that, in the case of an application for leave to
appeal, the application may be determined by a single judge asprovided for by section 45 below.”
(6) After subsection (4) there is inserted—
“(5) In this section “respondent” includes a person who will be a respondent
if leave to appeal is granted.”
315 Appeals following reference by Criminal Cases Review Commiss ion
(1) Section 14 of the Criminal Appeal Act 1995 (c. 35) (further p rovision about
references by Criminal Cases Review Commission) is amended as f ollows.
(2) After subsection (4) there is inserted—
“(4A) Subject to subsection (4B), where a reference under sectio n 9 or 10 is
treated as an appeal against any conviction, verdict, finding o r
sentence, the appeal may not be on any ground which is not rela ted to
any reason given by the Commission for making the reference.
(4B) The Court of Appeal may give leave for an appeal mentioned in
subsection (4A) to be on a ground relating to the conviction, v erdict,
finding or sentence which is not related to any reason given by  t h e
Commission for making the reference.”
(3) In subsection (5) for “any of sections 9 to” there is substi tuted “section 11 or”.Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous182
316 Power to substitute conviction of alternative offence on app eal in England 
and Wales
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows .
(2) In section 3 (power to substitute conviction of alternative offence) in subsection
(1) after “an offence” there is inserted “to which he did not p lead guilty”.
(3) After section 3 there is inserted—
“3A Power to substitute conviction of alternative offence after guilty plea
(1) This section applies on an appeal against conviction where—
(a) an appellant has been convicted of an offence to which he
pleaded guilty,
(b) if he had not so pleaded, he could on the indictment have
pleaded, or been found, guilty of some other offence, and
(c) it appears to the Court of Appeal that the plea of guilty in dicates
an admission by the appellant of facts which prove him guiltyof the other offence.
(2) The Court of Appeal may, instead of allowing or dismissing t he appeal,
substitute for the appellant’s plea of guilty a plea of guilty of the other
offence and pass such sentence in substitution for the sentence  passed
at the trial as may be authorised by law for the other offence,  not being
a sentence of greater severity.”
317 Power to substitute conviction of alternative offence on app eal in Northern 
Ireland
(1) The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is am ended as follows.
(2) In section 3 (power to substitute conviction of alternative offence) in subsection
(1) after “an offence” there is inserted “to which he did not p lead guilty”.
(3) After section 3 there is inserted—
“3A Power to substitute conviction of alternative offence after guilty plea
(1) This section applies where—
(a) an appellant has been convicted of an offence to which he
pleaded guilty,
(b) if he had not so pleaded, he could on the indictment have
pleaded, or been found, guilty of some other offence, and
(c) it appears to the Court of Appeal that the plea of guilty in dicates
an admission by the appellant of facts which prove him guiltyof that other offence.
(2) The Court may, instead of allowing or dismissing the appeal,  substitute
for the appellant’s plea of guilty a plea of guilty of that oth er offence
and pass such sentence in substitution for the sentence passed at the
trial as may be warranted in law by the plea so substituted.”
318 Substitution of conviction on different charge on appeal fro m court-martial
(1) The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as f ollows.Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous183
(2) In section 14 (substitution of conviction on different charg e) in subsection (1)
after “an offence” there is inserted “to which he did not plead  guilty”.
(3) After section 14 there is inserted—
“14A Substitution of conviction on different charge after guilty  plea
(1) This section applies where—
(a) an appellant has been convicted of an offence to which he
pleaded guilty,
(b) if he had not so pleaded, he could lawfully have pleaded, or
been found, guilty of some other offence, and
(c) it appears to the Appeal Court on an appeal against convicti on
that the plea of guilty indicates an admission by the appellant  of
facts which prove him guilty of that other offence.
(2) The Appeal Court may, instead of allowing or dismissing the appeal,
substitute for the appellant’s plea of guilty a plea of guilty of the other
offence, and may pass on the appellant, in substitution for the  sentence
passed on him by the court-martial, such sentence as they think  proper,
being a sentence warranted by the relevant Service Act for that  other
offence, but not a sentence of greater severity.”
319 Appeals against sentences in England and Wales
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2) In section 10 (appeal against sentence in certain cases) for  subsection (3) there
is substituted—
“(3) An offender dealt with for an offence before the Crown Cour t in a
proceeding to which subsection (2) of this section applies may appeal
to the Court of Appeal against any sentence passed on him for t he
offence by the Crown Court.”
(3) In section 11 (supplementary provisions as to appeal against  sentence) after
subsection (6) there is inserted—
“(7) For the purposes of this section, any two or more sentences  are to be
treated as passed in the same proceeding if—
(a) they are passed on the same day; or
(b) they are passed on different days but the court in passing a ny
one of them states that it is treating that one together with t he
other or others as substantially one sentence.”
Outraging public decency
320 Offence of outraging public decency triable either way
(1) After paragraph 1 of Schedule 1 to the Magistrates’ Courts A ct 1980 (c. 43)
(offences triable either way by virtue of section 17) there is inserted—
“1A An offence at common law of outraging public decency.”
(2) This section does not apply in relation to any offence commi tted before the
commencement of this section.Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous184
Jury service
321 Jury service
Schedule 33 (jury service) shall have effect.
Individual support orders
322 Individual support orders
After section 1A of the Crime and Disorder Act 1998 (c. 37) ther e is inserted—
“1AA Individual support orders
(1) Where a court makes an anti-social behaviour order in respec t of a
defendant who is a child or young person when that order is mad e, it
must consider whether the individual support conditions are ful filled.
(2) If it is satisfied that those conditions are fulfilled, the court must make
an order under this section (“an individual support order”) whi ch—
(a) requires the defendant to comply, for a period not exceeding  six
months, with such requirements as are specified in the order;and
(b) requires the defendant to comply with any directions given b y
the responsible officer with a view to the implementation of th e
requirements under paragraph (a) above.
(3) The individual support conditions are—
(a) that an individual support order would be desirable in the
interests of preventing any repetition of the kind of behaviourwhich led to the making of the anti-social behaviour order;
(b) that the defendant is not already subject to an individual
support order; and
(c) that the court has been notified by the Secretary of State t hat
arrangements for implementing individual support orders areavailable in the area in which it appears to it that the defend ant
resides or will reside and the notice has not been withdrawn.
(4) If the court is not satisfied that the individual support co nditions are
fulfilled, it shall state in open court that it is not so satis fied and why it
is not.
(5) The requirements that may be specified under subsection (2)( a) above
are those that the court considers desirable in the interests o f
preventing any repetition of the kind of behaviour which led to  the
making of the anti-social behaviour order.
(6) Requirements included in an individual support order, or dir ections
given under such an order by a responsible officer, may require  the
defendant to do all or any of the following things—
(a) to participate in activities specified in the requirements o r
directions at a time or times so specified;
(b) to present himself to a person or persons so specified at a place
or places and at a time or times so specified;Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous185
(c) to comply with any arrangements for his education so specifi ed.
(7) But requirements included in, or directions given under, suc h an order
may not require the defendant to attend (whether at the same pl ace or
at different places) on more than two days in any week; and “we ek”
here means a period of seven days beginning with a Sunday.
(8) Requirements included in, and directions given under, an ind ividual
support order shall, as far as practicable, be such as to avoid —
(a) any conflict with the defendant’s religious beliefs; and
(b ) any i nt erference wit h t he times , if  any, at whic h he normal l y
works or attends school or any other educational establishment.
(9) Before making an individual support order, the court shall o btain from
a social worker of a local authority social services department  or a
member of a youth offending team any information which it consi ders
necessary in order—
(a) to determine whether the individual support conditions are
fulfilled, or
(b) to determine what requirements should be imposed by an
individual support order if made,
and shall consider that information.
(10) In this section and section 1AB below “responsible officer” , in relation
to an individual support order, means one of the following who is
specified in the order, namely—
(a) a social worker of a local authority social services departm ent;
(b) a person nominated by a person appointed as chief education
officer under section 532 of the Education Act 1996 (c. 56);
(c) a member of a youth offending team.
1AB Individual support orders: explanation, breach, amendment et c
(1) Before making an individual support order, the court shall e xplain to
the defendant in ordinary language—
(a) the effect of the order and of the requirements proposed to be
included in it;
(b) the consequences which may follow (under subsection (3)
below) if he fails to comply with any of those requirements; an d
(c) that the court has power (under subsection (6) below) to rev iew
the order on the application either of the defendant or of theresponsible officer.
(2) The power of the Secretary of State under section 174(4) of the Criminal
Justice Act 2003 includes power by order to—
(a) prescribe cases in which subsection (1) above does not apply ;
and
(b) prescribe cases in which the explanation referred to in that
subsection may be made in the absence of the defendant, or maybe provided in written form.
(3) If the person in respect of whom an individual support order  is made
fails without reasonable excuse to comply with any requirementincluded in the order, he is guilty of an offence and liable on  summary
conviction to a fine not exceeding—Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous186
(a) if he is aged 14 or over at the date of his conviction, £1,0 00;
(b) if he is aged under 14 then, £250.
(4) No referral order under section 16(2) or (3) of the Powers o f Criminal
Courts (Sentencing) Act 2000 (referral of young offenders to yo uth
offender panels) may be made in respect of an offence under sub section
(3) above.
(5) If the anti-social behaviour order as a result of which an i ndividual
support order was made ceases to have effect, the individual su pport
order (if it has not previously ceased to have effect) ceases t o have effect
when the anti-social behaviour order does.
(6) On an application made by complaint by—
(a) the person subject to an individual support order, or
(b) the responsible officer,
the court which made the individual support order may vary or
discharge it by a further order.
(7) If the anti-social behaviour order as a result of which an i ndividual
support order was made is varied, the court varying the anti-so cial
behaviour order may by a further order vary or discharge theindividual support order.”
323 Individual support orders: consequential amendments
(1) The Crime and Disorder Act 1998 (c. 37) is amended as mention ed in
subsections (2) to (5).
(2) In section 4 of that Act (appeals against orders)—
(a) in subsection (1) after “an anti-social behaviour order” the re is inserted
“, an individual support order”, and
(b) in subsection (3) after “1(8)” there is inserted “, 1AB(6)”.
(3) In section 18(1) of that Act (interpretation of Chapter 1)—
(a) after the definition of “curfew notice” there is inserted—
““individual support order” has the meaning given by section
1AA(2) above;”, and
(b) in the definition of “responsible officer”, before paragraph  (a) there is
inserted—
“(za) in relation to an individual support order, has the
meaning given by section 1AA(10) above;”.
(4) In section 18(4) of that Act (cases where social worker or m ember of a youth
offending team to give supervision or directions)—
(a) after “directions under” there is inserted “an individual su pport order
or”, and
(b) for “the child or, as the case may be, the parent” there is substituted “the
child, defendant or parent, as the case may be,”.
(5) In section 38 of that Act (local provision of youth justice services), in subsection
(4)(f) after “in relation to” there is inserted “individual sup port orders,”.
(6) In section 143(2) (provisions in which sums may be altered) of the Magistrates’
Courts Act 1980 (c. 43), after paragraph (d) there is inserted—Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous187
“(da) section 1AB(3) of the Crime and Disorder Act 1998 (failure  to
comply with individual support order);”.
Parenting orders and referral orders
324 Parenting orders and referral orders
Schedule 34 (parenting orders and referral orders) shall have e ffect.
Assessing etc. risks posed by sexual or violent offenders
325 Arrangements for assessing etc risks posed by certain offend ers
(1) In this section—
“relevant sexual or violent offender” has the meaning given by section
327;
“responsible authority”, in relation to any area, means the chi ef officer of
police, the local probation board for that area and the Ministe r of the
Crown exercising functions in relation to prisons, acting joint ly.
(2) The responsible authority for each area must establish arran gements for the
purpose of assessing and managing the risks posed in that area by—
(a) relevant sexual and violent offenders, and
(b) other persons who, by reason of offences committed by them ( wherever
committed), are considered by the responsible authority to be p ersons
who may cause serious harm to the public.
(3) In establishing those arrangements, the responsible authorit y 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 respons ible authority
of those arrangements, to the extent that such co-operation is compatible with
the exercise by those persons of their functions under any othe r enactment.
(4) Co-operation under subsection (3) may include the exchange o f information.
(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) 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,
(c) every local education authority any part of whose area falls  within the
relevant area,
(d) every local housing authority or social services authority a ny part of
whose area falls within the relevant area,
(e) every registered social landlord which provides or manages r esidential
accommodation in the relevant area in which persons falling wit hin
subsection (2)(a) or (b) reside or may reside,
(f) every Health Authority or Strategic Health Authority any par t of
whose area falls within the relevant area,Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous188
(g) every Primary Care Trust or Local Health Board any part of w hose area
falls within the relevant area,
(h) every NHS trust any part of whose area falls within the rele vant area,
and
(i) every person who is designated by the Secretary of State by order for
the purposes of this paragraph as a provider of electronic moni toring
services.
(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 aut horities on the
discharge of the functions conferred by this section and sectio n 326.
(9) In this section—
“local education authority” has the same meaning as in the Educ ation Act
1996 (c. 56);
“local housing authority” has the same meaning as in the Housin g Act
1985 (c. 68);
“Minister of the Crown” has the same meaning as in the Minister s of the
Crown Act 1975 (c. 26);
“NHS trust” has the same meaning as in the National Health Serv ice Act
1977 (c. 49);
“prison” has the same meaning as in the Prison Act 1952 (c. 52);
“registered social landlord” has the same meaning as in Part 1 of the
Housing Act 1996 (c. 52);
“social services authority” means a local authority for the pur poses of the
Local Authority Social Services Act 1970 (c. 42).
326 Review of arrangements
(1) The responsible authority for each area must keep the arrang ements
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 f unctions under
subsection (1) in consultation with persons appointed by the Se cretary of State
as lay advisers in relation to that authority.
(3) The Secretary of State must appoint two lay advisers under s ubsection (2) in
relation to each responsible authority.
(4) The responsible authority must pay to or in respect of the p ersons so appointed
such allowances as the Secretary of State may determine.
(5) As soon as practicable after the end of each period of 12 mo nths beginning with
1st April, the responsible authority for each area must—
(a) prepare a report on the discharge by it during that period o f the
functions conferred by section 325 and this section, and
(b) publish the report in that area.
(6) The report must include—
(a) details of the arrangements established by the responsible a uthority,
andCriminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous189
(b) information of such descriptions as the Secretary of State h as 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 sexu al or violent offender
if he falls within one or more of subsections (2) to (5).
(2) A person falls within this subsection if he is subject to th e notification
requirements of Part 2 of the Sexual Offences Act 2003 (c. 42).
(3) A person falls within this subsection if—
(a) he is convicted by a court in England or Wales of murder or an offence
specified in Schedule 15, and
(b) one of the following sentences is imposed on him in respect of the
conviction—
(i) a sentence of imprisonment for a term of 12 months or more,
(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 un der
section 91 of the Sentencing Act (offenders under 18 convictedof certain serious offences),
(vi) a sentence of detention under section 228,
(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 th e
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 mu rder or an
offence specified in Schedule 15 by reason of insanity or to be  under a
disability and to have done the act charged against him in resp ect of
such an offence, and
(b) one of the following orders is made in respect of the act ch arged 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 Healt h
Act 1983.
(5) A person falls within this subsection if—
(a)  the first condition set out in section 28(2) or 29(2) of th e Criminal Justice
and Court Services Act 2000 (c. 43) or the second condition set out in
section 28(3) or 29(3) of that Act is satisfied in his case, or
(b) an order under section 29A of that Act has been made in resp ect of him.
(6) In this section “court” does not include a service court, as  defined by section
305(1).Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous190
Criminal record certificates
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.
Civil proceedings brought by offenders
329 Civil proceedings for trespass to the person brought by offe nder
(1) This section applies where—
(a) a person (“the claimant”) claims that another person (“the d efendant”)
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 brou ght 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 brough t, 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 disp roportionate.
(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) in service disciplinary proceedings, as defined by section 3 05(1), a
person has been found guilty of an offence under section 70 of the
Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act  1955Criminal Justice Act 2003 (c. 44)
Part 13 — Miscellaneous191
(3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957  (c. 53),
and
(b) the corresponding civil offence (within the meaning of that Act) was an
imprisonable offence,
he is to be treated for the purposes of this section as having been convicted in
the United Kingdom of the corresponding civil offence.
(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 a county court; and
(d) “imprisonable offence” means an offence which, in the case o f a person
aged 18 or over, is punishable by imprisonment.
PART 14
GENERAL
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 on the Lord Chancellor to  make an
order.
(2) The power is exercisable by statutory instrument.(3) The power—
(a) may be exercised so as to make different provision for diffe rent
purposes or different areas, and
(b) may be exercised either for all the purposes to which the po wer
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, an d
(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 25(5),
section 103,
section 161(7),section 178,section 197(3),
section 223,
section 246(5),Criminal Justice Act 2003 (c. 44)
Part 14 — General192
section 260,
section 267,
section 269(6),section 281(2),
section 283(1),
section 291,section 301(5),
section 325(7), and
paragraph 5 of Schedule 31,
(b) an order under section 336(3) bringing section 43 into force ,
(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, or
(d) rules under section 240(4)(a),
may only be made if a draft of the statutory instrument has bee n laid before,
and approved by a resolution of, each House of Parliament.
(6) Any other statutory instrument made in the exercise of a pow er to which this
section applies is subject to annulment in pursuance of a resol ution of either
House of Parliament.
(7) Subsection (6) does not apply to a statutory instrument cont aining only an
order made under one or more of the following provisions—
section 202(3)(b),
section 215(3),
section 253(5),section 325(6)(i), and
section 336.
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, an d
(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.
(2) An order under subsection (1) may, in particular—
(a) provide for any provision of this Act which comes into force  b e f o r e
another such provision has come into force to have effect, unti l that
other provision has come into force, with such modifications as  a r e
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 .Criminal Justice Act 2003 (c. 44)
Part 14 — General193
(3) Nothing in this section limits the power by virtue of sectio n 330(4)(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 meani ng as in the
Interpretation Act 1978 (c. 30).
(6) Schedule 38 (which contains transitory and transitional prov isions 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 contain s 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 secti on (affirmative
resolution of both Houses of Parliament), but
(b) shall be subject to annulment in pursuance of a resolution o f either
House of Parliament.
(2) The provisions are—
(a) in Part 1, sections 1, 3(3), 4, 7 to 10 and 12 and paragraph s 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 Irela nd 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 N orthern
Ireland Act 1998 shall be read as a reference to paragraph 1 of  t h e
Schedule to the Northern Ireland Act 2000 (legislation by Order  i n
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 Sch edule.
(4) The reference in section 41(2) of the Justice (Northern Irel and) Act 2002 (c. 26)
(transfer of certain functions to Director of Public Prosecutio ns for Northern
Ireland) to any function of the Attorney General for Northern I reland 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 (North ern Ireland) Act
1980 (c. 47) in the Access to Justice (Northern Ireland) Order 2 003 (S.I. 2003/435
(N.I. 10)) is to be read as a reference to that provision as am ended 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 virtu e of this
Act, and
(b) any increase attributable to this Act in the sums payable ou t of money
so provided under any other enactment.Criminal Justice Act 2003 (c. 44)
Part 14 — General194
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, andthe repeal in Part 9 of Schedule 37 of section 81(2) and (3) of  t h e
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 provis ions);
Part 8 of Schedule 37 (and section 332 so far as relating to th at Part of that
Schedule).
(3) The remaining provisions of this Act come into force in acco rdance with
provision made by the Secretary of State by order.
(4) Different provision may be made for different purposes and d ifferent areas.
337 Extent
(1) Subject to the following provisions of this section and to s ection 338, this Act
extends to England and Wales only.
(2) The following provisions extend also to Scotland and Norther n Ireland—
sections 71 and 72;sections 82 and 83;
section 180 and Schedule 9;
section 188 and Schedule 11;section 194 and Schedule 13;
section 293;
section 306section 307;
section 311;
this Part, except sections 331, 332 and 334(5);paragraphs 19, 70 and 71 of Schedule 3;paragraph 12(3) of Schedule 12;
paragraphs 3, 6, 7 and 8 of Schedule 27;
paragraphs 6 to 8 of Schedule 31.Criminal Justice Act 2003 (c. 44)
Part 14 — General195
(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;
Schedule 5.
(6) The following provisions extend to Northern Ireland only—
section 292 and Schedule 29;
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 me ntioned 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 d o 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.Criminal Justice Act 2003 (c. 44)
Part 14 — General196
(10) The provisions mentioned in subsection (11), so far as rela ting 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 sen tences passed
by a court-martial, or
(b) the extent of section 299 and Schedule 30 so far as relating  to the making
of orders by, or orders made by, courts-martial or the Courts-M artial
Appeal Court.
(13) Any provision of this Act which— 
(a) relates to any enactment contained in—
(i) the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(ii) the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19),
(iii) the Naval Discipline Act 1957 (c. 53),
(iv) the Courts-Martial (Appeals) Act 1968 (c. 20),
(v) the Armed Forces Act 1976 (c. 52),
(vi) section 113 of the Police and Criminal Evidence Act 1984 (c . 60),
(vii) the Reserve Forces Act 1996 (c. 14), or
(viii) the Armed Forces Act 2001 (c. 19), and
(b) is not itself contained in Schedule 25 or Part 9 of Schedule  37,
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 t hat extends to the
Channel Islands or the Isle of Man by virtue of any of subsecti ons (10) to (13)
of section 337.
(4) Subsection (4) of section 330 applies to the power to make a n Order in Council
under subsection (1) as it applies to any power of the Secretar y of State to make
an order under this Act, but as if references in that subsectio n 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.Criminal Justice Act 2003 (c. 44)
Schedule 1 — Amendments related to Part 1197
SCHEDULES
SCHEDULE 1 Section 12
AMENDMENTS  RELATED  TO PART 1
The 1984 Act
1The 1 984 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 o n
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 insert ed—
“(9) The references to a constable in subsections (1), (2), (3)( a) and (5)
include a person authorised under section 16(2) to accompany aconstable 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 con stable
includes anything seized by a person authorised under section 1 6(2)
to accompany a constable executing a warrant.”
5 In section 34 (limitation on police detention), for subsection  ( 7 )  t h e r e  i s
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) ”.Criminal Justice Act 2003 (c. 44)
Schedule 1 — Amendments related to Part 1198
7 In section 36 (custody officers at police stations), after sub section (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 a nswer
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), th e
reference in subsection (7)(b) to the officer who took him to t he
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 parag raph (c) there is
inserted—
“(ca) in the case of a person who attends a police station to an swer
to bail granted under section 30A, the time when he arrives atthe police station;”.
9 In section 45A(2)(a) (functions which may be performed by vide o-
conferencing), after “taken to” there is inserted “, or answeri ng to bail at,”.
10 In section 47 (bail after arrest)—
(a) in subsection (6), after “granted bail” there is inserted “u nder this
Part”, and
(b) in subsection (7), after “released on bail” there is inserte d “under this
Part”.
Criminal Justice Act 1987 (c. 38)
11 In section 2 of the Criminal Justice Act 1987 (director’s inv estigation
powers), after subsection (6) there is inserted—
“(6A) Where an appropriate person accompanies a constable, he ma y
exercise the powers conferred by subsection (5) but only in thecompany, and under the supervision, of the constable.”
12 In subsection (7) of that section (meaning of appropriate per son), for
“subsection (6) above” there is substituted “this section”.
13 In subsection (8D) of that section (references to evidence ob tained by
Director), after “by a constable” there is inserted “or by an a ppropriate
person”.
Criminal Justice and Police Act 2001 (c. 16)
14 In section 56 of the Criminal Justice and Police Act 2001 (pr operty 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 t o
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 warrantunder section 2(4) of that Act.”
 Criminal Justice Act 2003 (c. 44)
Schedule 1 — Amendments related to Part 1199
Armed Forces Act 2001 (c. 19)
15 In section 2(9) of the Armed Forces Act 2001 (offences for pu rpose of
definition of prohibited article), at the end of paragraph (d) there is inserted
“; and
(e) offences under section 1 of the Criminal Damage Act 1971
(destroying or damaging property).”
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 In paragraph 17 (access to excluded and special procedure mat erial) after
paragraph (b) there is inserted—
“(bb) section 15 of that Act (safeguards) shall have effect in r elation to
the issue of any warrant under paragraph 12 of that Schedule tothat person as it has effect in relation to the issue of a warr ant
under that paragraph to a constable;
(bc) section 16 of that Act (execution of warrants) shall have e ffect in
relation to any warrant to enter and search premises that is is sued
under paragraph 12 of that Schedule (whether to that person or to
any other person) in respect of premises in the relevant police  area
as if references in that section to a constable included refere nces to
that person;”.
18 In paragraph 20 (access and copying in case of things seized by constables)
after “by a constable” there is inserted “or by a person author ised to
accompany him under section 16(2) of that Act”.
19 After paragraph 24 (extended powers of seizure) there is inse rted—
“Persons accompanying investigating officers
24A (1) This paragraph applies where a person (“an authorised per son”) is
authorised by virtue of section 16(2) of the 1984 Act to accomp any
an investigating officer designated for the purposes of paragra ph
16 (or 17) in the execution of a warrant.
(2) The reference in paragraph 16(h) (or 17(e)) to the seizure o f
anything by a designated person in exercise of a particular pow er
includes a reference to the seizure of anything by the authoris ed
person in exercise of that power by virtue of section 16(2A) of  the
1984 Act.
(3) In relation to any such seizure, paragraph 16(h) (or 17(e)) is to be
read as if it provided for the references to a constable and to  an
officer in section 21(1) and (2) of the 1984 Act to include ref erences
to the authorised person.
(4) The reference in paragraph 16(i) (or 17(f)) to anything seiz ed by a
designated person in exercise of a particular power includes areference to anything seized by the authorised person in exerci se
of that power by virtue of section 16(2A) of the 1984 Act.
(5) In relation to anything so seized, paragraph 16(i)(ii) (or 1 7(f)(ii)) is
to be read as if it provided for—Criminal Justice Act 2003 (c. 44)
Schedule 1 — Amendments related to Part 1200
(a) the references to the supervision of a constable in
subsections (3) and (4) of section 21 of the 1984 Act toinclude references to the supervision of a persondesignated for the purposes of paragraph 16 (or paragraph17), and
(b) the reference to a constable in subsection (5) of that secti on
to include a reference to such a person or an authorisedperson accompanying him.
 (6) Where an authorised person accompanies an investigating off icer
who is also designated for the purposes of paragraph 24, thereferences in sub-paragraphs (a) and (b) of that paragraph to t he
designated person include references to the authorised person.”
20 In paragraph 34 (powers of escort officer to take arrested pe rson to prison),
in sub-paragraph (1)(a), for “subsection (1) of section 30” the re is substituted
“subsection (1A) of section 30”.
SCHEDULE 2
Section 28
CHARGING  OR RELEASE  OF PERSONS  IN POLICE  DETENTION
1The Police and Criminal Evidence Act 1 984 (c. 60) is amended as  follows.
2 (1) Section 37 (duties of custody officers before charge) is am ended as follows.
(2) In subsection (7) for paragraphs (a) and (b) there is substi tuted—
“(a) shall be released without charge and on bail for the purpos e
of enabling the Director of Public Prosecutions to make adecision under section 37B below,
(b) shall be released without charge and on bail but not for tha t
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, i t 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 decisio n
under section 37B below.”
(4) In subsection (8)(a) after “(7)(b)” there is inserted “or (c )”.
3 After that section there is inserted—
“37A Guidance 
(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 or37C(2) below, andCriminal Justice Act 2003 (c. 44)
Schedule 2 — Charging or release of persons in police detention201
(b) as to the information to be sent to the Director of Public
Prosecutions under section 37B(1) below.
( 2 ) T h e  D i r e c t o r  o f  P u b l i c  P r o s e c u t i o ns  m a y  f r o m  t i m e  t o  t i m e  r e vise
guidance issued under this section.
(3) Custody officers are to have regard to guidance under this s ection 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 man ner 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.
37B Consultation with the Director of Public Prosecutions
(1) Where a person is released on bail under section 37(7)(a) ab ove, an
officer involved in the investigation of the offence shall, as soon as is
practicable, send to the Director of Public Prosecutions suchinformation as may be specified in guidance under section 37Aabove.
(2) The Director of Public Prosecutions shall decide whether the re is
sufficient evidence to charge the person with an offence.
(3) If he decides that there is sufficient evidence to charge th e 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 acaution.
(4) The Director of Public Prosecutions shall give written notic e of his
decision to an officer involved in the investigation of the off ence.
(5) If his decision is—
(a) that there is not sufficient evidence to charge the person w ith
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 anoffence 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 th at the
person should be charged with an offence, or given a caution inCriminal Justice Act 2003 (c. 44)
Schedule 2 — Charging or release of persons in police detention202
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 cau tion 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 off ence.
(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 apolice station, or
(b) in accordance with section 29 of the Criminal Justice Act 20 03.
(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.
37C Breach of bail following release under section 37(7)(a)
(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 belowin respect of that bail, and
(b) at the time of his detention following that arrest at the po lice
station mentioned in section 46A(2) below, notice undersection 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 su bsection
(2) above shall be that of a custody officer.
(4) A person released on bail under subsection (2)(b) above shal l be
released on bail subject to the same conditions (if any) which applied
immediately before his arrest.
37D Release under section 37(7)(a): further provision
(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 adifferent time, or an additional time, at which the person is t o 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 aff ect the
conditions (if any) to which bail is subject.Criminal Justice Act 2003 (c. 44)
Schedule 2 — Charging or release of persons in police detention203
(4) Where a person released on bail under section 37(7)(a) or 37 C(2)(b)
above returns to a police station to answer bail or is otherwis e in
police detention at a police station, he may be kept in policedetention to enable him to be dealt with in accordance with sec tion
37B or 37C above or to enable the power under subsection (1) ab ove
to be exercised.
(5) If the person is not in a fit state to enable him to be so d ealt with or to
enable that power to be exercised, he may be kept in police det ention
until he is.
(6) Where a person is kept in police detention by virtue of subs ection (4)
or (5) above, section 37(1) to (3) and (7) above (and section 4 0(8)
below so far as it relates to section 37(1) to (3)) shall not a pply to the
offence in connection with which he was released on bail undersection 37(7)(a) or 37C(2)(b) above.”
4 In section 40 (review of police detention) in subsection (9) a fter “37(9)” there
is inserted “or 37D(5)”.
5 In section 46A (power of arrest for failure to answer police b ail) 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 pe rson
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 rel ease 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 foll owing
provisions of this section”.
(3) In subsection (1A) (bail conditions may be imposed when a pe rson is
released under section 38(1)) after “section”, in the first pla ce 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 Ac t 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 release d on bail
under section 37(7)(a) or 37C(2)(b) above is on bail subject toconditions.
(1D) The person shall not be entitled to make an application und er section
43B of the Magistrates’ Courts Act 1980.
(1E) A magistrates’ court may, on an application by or on behal f of the
person, vary the conditions of bail; and in this subsection “va ry” has
the same meaning as in the Bail Act 1976.
(1F) Where a magistrates’ court varies the conditions of bail un der
subsection (1E) above, that bail shall not lapse but shall cont inue
subject to the conditions as so varied.”Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments204
SCHEDULE 3 Section 41
ALLOCATION  OF CASES  TRIABLE  EITHER  WAY , AND  SENDING  CASES  TO THE CROWN  COURT  
ETC
PART 1
PRINCIPAL  AMENDMENTS
Magistrates’ Courts Act 1980 (c. 43)
1The Magistrates’ Courts Act 1 980 is amended as follows.
2 (1) Section 17A (initial indication as to plea) is amended as f ollows.
(2) For paragraph (b) of subsection (4) there is substituted—
“(b) he may (unless section 17D(2) below were to apply) be
committed to the Crown Court under section 3 or (ifapplicable) 3A of the Powers of Criminal Courts (Sentencing)Act 2000 if the court is of such opinion as is mentioned insubsection (2) of the applicable section.”
(3) After subsection (9) there is inserted—
“(10) If in respect of the offence the court receives a notice u nder section
51B or 51C of the Crime and Disorder Act 1998 (which relate toserious or complex fraud cases and to certain cases involvingchildren respectively), the preceding provisions of this sectio n and
the provisions of section 17B below shall not apply, and the co urt
shall proceed in relation to the offence in accordance with sec tion 51
or, as the case may be, section 51A of that Act.”
3 After section 17C there is inserted—
“17D Maximum penalty under section 17A(6) or 17B(2)(c) for certa in 
offences
(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 valueinvolved (as defined in section 22(10) below) appears to the co urt to
exceed the relevant sum (as specified for the purposes of secti on 22
below).
(2) If it appears to the court clear that the value involved doe s 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 relevantsum—
(a) subject to subsection (4) below, the court shall not have
power to impose on the accused in respect of the offence asentence in excess of the limits mentioned in section 33(1)(a)below; andCriminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments205
(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 s ection
12A of the Theft Act 1968 (aggravated vehicle-taking).
17E Functions under sections 17A to 17D capable of exercise by s ingle 
justice
(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 ) t h e  s u m m a r y  t r i a l  o f  a n  i n f o r m a t i o n  ( o t h e r w i s e  t h a n  i n
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 shal l not be
taken as authorising—
( a ) t h e  s u m m a r y  t r i a l  o f  a n  i n f o r m a t i o n  ( o t h e r w i s e  t h a n  i n
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 tr ial appears
more suitable) there is substituted—
“19 Decision as to allocation
(1) The court shall decide whether the offence appears to it mor e
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 cour t
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 onindictment would be more suitable.
(3) In making a decision under this section, the court shall con sider—
(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,Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments206
and shall have regard to any allocation guidelines (or revised
allocation guidelines) issued as definitive guidelines under se ction
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 co uld
be joined in the same indictment or that the offences arise outof the same or connected circumstances,
subsection (3)(a) above shall have effect as if references to t he
sentence which a magistrates’ court would have power to impose for
the offence were a reference to the maximum aggregate sentencewhich a magistrates’ court would have power to impose for all o f 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 orperson authorised under any of those Acts to award apunishment 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 u nder section
51B or 51C of the Crime and Disorder Act 1998 (which relate toserious or complex fraud cases and to certain cases involvingchildren respectively), the preceding provisions of this sectio n and
sections 20, 20A and 21 below shall not apply, and the court sh all
proceed in relation to the offence in accordance with section 5 1(1) of
that Act.”
6 For section 20 (procedure where summary trial appears more sui table) there
is substituted—
“20 Procedure where summary trial appears more suitable
(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 bel ow).
(2) The court shall explain to the accused in ordinary language—
(a) that it appears to the court more suitable for him to be tri ed
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 tr ied
summarily and is convicted by the court, he may becommitted for sentence to the Crown Court under section 3Aof the Powers of Criminal Courts (Sentencing) Act 2000 if thecommitting court is of such opinion as is mentioned insubsection (2) of that section.Criminal Justice Act 2003 (c. 44)
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(3) The accused may then request an indication (“an indication o f
sentence”) of whether a custodial sentence or non-custodial sen tence
would be more likely to be imposed if he were to be tried summa rily
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 give n, or is
taken to have been given, under section 17A or 17B above.
(6) If the accused indicates that he wishes to reconsider the in dication
under section 17A or 17B above, the court shall ask the accusedwhether (if the offence were to proceed to trial) he would plea d
guilty or not guilty.
(7) If the accused indicates that he would plead guilty the cour t 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 courtdoes 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 tr ied
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 andDisorder Act 1998.
20A Procedure where summary trial appears more suitable: supplem entary
(1) Where the case is dealt with in accordance with section 20(7 ) above,
no court (whether a magistrates’ court or not) may impose acustodial sentence for the offence unless such a sentence wasindicated 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.Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments208
(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 anindication 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 notguilty; 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 sectio n 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 cus todial
sentence are to a custodial sentence within the meaning of sect ion 76
of the Powers of Criminal Courts (Sentencing) Act 2000, andreferences to a non-custodial sentence shall be construedaccordingly.”
7 For section 21 (procedure where trial on indictment appears mo re suitable)
there is substituted—
“21 Procedure where trial on indictment appears more suitable
If the court decides under section 19 above that the offence ap pears
to it more suitable for trial on indictment, the court shall te ll 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 of fence in
accordance with section 51(1) of the Crime and Disorder Act 199 8.”
8 (1) Section 23 (power of court, with consent of legally represe nted 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 t o it
more suitable for trial on indictment 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 sect ion
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 offenc e appears
to it more suitable for trial on indictment, section 21 above s hall not
apply and the court shall proceed in relation to the offence inaccordance with section 51(1) of the Crime and Disorder Act 199 8.”
9 (1) Section 24 (summary trial of information against child or y oung persons for
indictable offence), as amended by section 42 of this Act, is a mended as
follows.
(2) For subsection (1) there is substituted—Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments209
“(1) Where a person under the age of 18 years appears or is brou ght
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) and (2) are omitted.
10 After section 24 there is inserted—
“24A Child or young person to indicate intention as to plea in c ertain cases
(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 himwith 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 o f
section 51(7) or (8) or 51A(3)(b), (4) or (5) of the 1998 Act t o
determine, in relation to the offence, whether to send theperson to the Crown Court for trial (or to determine anymatter, the effect of which would be to determine whether heis sent to the Crown Court for trial).
(2) Where this section applies, the court shall, before proceedi ng 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 follow ing
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 lang uage that
he may indicate whether (if the offence were to proceed to tria l) he
would plead guilty or not guilty, and that if he indicates that  h e
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) hemay be sent to the Crown Court for sentencing under section3B or (if applicable) 3C of that Act if the court is of suchopinion as is mentioned in subsection (2) of the applicablesection.
(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 cou rt shall
proceed as if—
(a) the proceedings constituted from the beginning the summary
trial of the information; andCriminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments210
(b) section 9(1) above was complied with and he pleaded guilty
under it,
and, accordingly, the court shall not (and shall not be require d to)
proceed to make the relevant determination or to proceed furthe r
under section 51 or (as the case may be) section 51A of the 199 8 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 secti on
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 fo r any
purpose be taken to constitute the taking of a plea—
(a) asking the accused under this section whether (if the offenc e
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.
24B Intention as to plea by child or young person: absence of ac cused
(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 himwith 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 oneof the determinations referred to in paragraph (b) of section24A(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 disorder ly
conduct before the court it is not practicable for proceedingsunder 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 offen ce
were to proceed to trial) the accused would plead guilty ornot guilty;
(c) if the representative indicates that the accused would plead
guilty the court shall proceed as if the proceedingsconstituted from the beginning the summary trial of theinformation, and as if section 9(1) above was complied withand 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 relevantdetermination and this section shall cease to apply.Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments211
(3) If the representative in fact fails to indicate how the accu sed would
plead, for the purposes of this section he shall be taken to in dicate
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 pleadguilty or not guilty;
(b) an indication by the representative under this section of ho w
the accused would plead.
24C Intention as to plea by child or young person: adjournment
(1) A magistrates’ court proceeding under section 24A or 24B abo ve
may adjourn the proceedings at any time, and on doing so on anyoccasion 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 reman d or
would be required to be brought before the court but for sectio n
128(3A) below.
24D Functions under sections 24A to 24C capable of exercise by s ingle 
justice
(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 committa l proceedings
and vice versa), as amended by section 42 of this Act, is amend ed 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 pr oceed 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) abo ve 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—Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments212
(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 similarcharacter,
subsection (2B) above shall have effect as if references to the  sentence
which a magistrates’ court would have power to impose for theoffence were a reference to the maximum aggregate sentence whic h
a magistrates’ court would have power to impose for all of theoffences taken together.
(2D) Where the court grants an application under subsection (2) above, it
shall proceed in relation to the offence in accordance with sec tion
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 sum mons to accused
in certain circumstances) there is substituted—
“(1) Where, in the circumstances mentioned in section 23(1)(a) a bove, 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 w hich the
court is composed may issue a summons directed to the accusedrequiring 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 arre st.”
13 In section 33 (maximum penalties on summary conviction in pur suance of
section 22), in subsection (1), paragraph (b) and the word “and ” immediately
preceding it are omitted.
14 Section 42 (restriction on justices sitting after dealing wit h 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—
“50A Order of consideration for either-way offences
(1) Where an adult appears or is brought before a magistrates’ c ourt
charged with an either-way offence (the “relevant offence”), th e
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.Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments213
(3) Otherwise—
(a) if the adult (or another adult with whom the adult is charge d
jointly with the relevant offence) is or has been sent to theCrown Court for trial for an offence under section 51(2)(a) or51(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 withit 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 therelevant offence in accordance with sections 17A to 23of 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 theoffence as mentioned in section 17A(6), 17B(2)(c) or20(7) of that Act (indication of guilty plea), it shallproceed as so required (and, accordingly, shall notconsider 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, whereapplicable, deal with it under the relevantsection;
(b) if the adult is not sent to the Crown Court for
trial for the relevant offence by virtue ofparagraph (a) of this sub-paragraph, the courtshall then proceed to deal with the relevantoffence as contemplated by section 20(9) or, asthe case may be, section 21 of the 1980 Act.
(4) Subsection (3) above is subject to any requirement to procee d as
mentioned in subsections (2) or (6)(a) of section 22 of the 198 0 Act
(certain offences where value involved is small).
(5) Nothing in this section shall prevent the court from committ ing 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—
“51 Sending cases to the Crown Court: adults
(1) Where an adult appears or is brought before a magistrates’ c ourt
(“the court”) charged with an offence and any of the conditionsmentioned 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—Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments214
(a) that the offence is an offence triable only on indictment ot her
than one in respect of which notice has been given undersection 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 theoffence 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 andwhich—
(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 rela ted
to the offence mentioned in subsection (1) above or to theeither-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 f or 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 aneither-way offence; and
(c) that offence appears to the court to be related to an offenc e 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 Crow n
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 andwhich—
(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 rela ted
to the offence for which he is sent for trial or to the either- way
offence, and which fulfils the requisite condition.
(7) Where—Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments215
(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 jointlywith A with an indictable offence for which A is sent for trialunder subsection (1), (3) or (5) above, or an indictable offenc e
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 Co urt
for trial for the indictable offence.
(8) Where the court sends a child or young person for trial unde r
subsection (7) above, it may at the same time send him to the C rown
Court for trial for any indictable or summary offence with whic h 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 rela ted
to the offence for which he is sent for trial or to the indicta ble
offence, and which fulfils the requisite condition.
(9) Subsections (7) and (8) above are subject to sections 24A an d 24B of
the Magistrates’ Courts Act 1980 (which provide for certain cas es
involving children and young persons to be tried summarily).
(10) The trial of the information charging any summary offence f or 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 discretionarydisqualification from driving.
(12) In the case of an adult charged with an offence—
(a) if the offence satisfies paragraph (c) of subsection (2) abo ve,
the offence shall be dealt with under subsection (1) above andnot under any other provision of this section or section 51Abelow;
(b) subject to paragraph (a) above, if the offence is one in res pect
of which the court is required to, or would decide to, send theadult 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 u nder
any other provision of this section or section 51A below.
(13) The functions of a magistrates’ court under this section, a nd its
related functions under section 51D below, may be discharged by  a
single justice.Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments216
51A Sending cases to the Crown Court: children and young persons
(1) This section is subject to sections 24A and 24B of the Magis trates’
Courts Act 1980 (which provide for certain offences involvingchildren 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 an y 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) o f
section 91 of the Powers of Criminal Courts (Sentencing) Act2000 (other than one mentioned in paragraph (d) below inrelation to which it appears to the court as mentioned there)and the court considers that if he is found guilty of the offen ce
it ought to be possible to sentence him in pursuance ofsubsection (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 tothe court that if he is found guilty of the offence the criteri a
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 unde r
subsection (2) above, it may at the same time send him to the C rown
Court for trial for any indictable or summary offence with whic h 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 rela ted
to the offence mentioned in subsection (2) above or to theindictable 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 un der
subsection (2) above subsequently appears or is brought before a
magistrates’ court charged with an indictable or summary offenc e
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 f or the
indictable or summary offence.
(6) Where—
(a) the court sends a child or young person (“C”) for trial unde r
subsection (2) or (4) above; andCriminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments217
(b) an adult appears or is brought before the court on the same
or a subsequent occasion charged jointly with C with aneither-way offence for which C is sent for trial undersubsection (2) or (4) above, or an either-way offence whichappears 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 Cour t
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 andwhich—
(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 rela ted
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 fo r 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 p unishable
with imprisonment or involves obligatory or discretionarydisqualification from driving.
(10) In the case of a child or young person charged with an offe nce—
(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 orsection 51 above;
(b) subject to paragraph (a) above, if the offence is one in res pect
of which the requirements of subsection (7) of section 51above for sending the child or young person to the CrownCourt are satisfied, the offence shall be dealt with under thatsubsection and not under any other provision of this sectionor section 51 above.
(11) The functions of a magistrates’ court under this section, a nd 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 A ct
1968 would be satisfied with respect to—
(i) the offence; and
(ii) the person charged with it,
if he were convicted of the offence.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments218
51B Notices in serious or complex fraud cases
(1) A notice may be given by a designated authority under this s ection
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 th at
it is appropriate that the management of the case shouldwithout delay be taken over by the Crown Court.
(2) That opinion must be certified by the designated authority i n the
notice.
(3) The notice must also specify the proposed place of trial, an d in
selecting that place the designated authority must have regard to the
same matters as are specified in paragraphs (a) to (c) of secti on
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 mag istrates’
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 m ay be
exercised by an officer of the authority acting on behalf of th e
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 magis trates’
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.
51C Notices in certain cases involving children
(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; andCriminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments219
(c) that, for the purpose of avoiding any prejudice to the welfa re
of the child, the case should be taken over and proceededwith without delay by the Crown Court.
(2) That opinion must be certified by the Director of Public Pro secutions
in the notice.
(3) This subsection applies to an offence—
(a) which involves an assault on, or injury or a threat of injur y 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 thecommission 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 t his
section may be exercised by an officer acting on behalf of theDirector.
(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 magis trates’
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 itsadmission as his evidence in chief in the trial referred to insubsection (1) above.
51D Notice of offence and place of trial
(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 inthat notice).
(2) A copy of the notice shall be served on the accused and give n 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 tha t notice,
for each offence—
(a) the subsection under which the person is so sent; andCriminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments220
(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 Justic e
with the concurrence of the Lord Chancellor under section75(1) of the Supreme Court Act 1981.
51E Interpretation of sections 50A to 51D
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 sameindictment 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 orconnected with those giving rise to the indictable offence.”
19 (1) After section 52 there is inserted—
“52A Restrictions on reporting
(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 t hat
permitted by this section.
(2) Subject to subsections (3) and (4) below, a magistrates’ cou rt may,
with reference to any allocation or sending proceedings, order that
subsection (1) above shall not apply to reports of those procee dings.
(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 orde r 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 therepresentations 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 repor ts of
proceedings under subsection (3) or (4) above, but any decision  of the
c o ur t  t o  m a k e  o r  no t  t o  m a k e  s u c h  a n  o r d e r  m a y  b e  c o nt a i n e d  i nCriminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments221
reports published or included in a relevant programme before th e
time authorised by subsection (6) below.
(6) It shall not be unlawful under this section to publish or in clude in a
relevant programme a report of allocation or sending proceeding s
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 proceedas mentioned in section 20(7) of the 1980 Act, after the courtis 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 mentionedthere, after conclusion of his trial or, as the case may be, th e
trial of the last to be tried.
(7) The following matters may be contained in a report of alloca tion or
sending proceedings published or included in a relevant program me
without an order under subsection (2) above before the timeauthorised by subsection (6) above—
(a) the identity of the court and the name of the justice or jus tices;
(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 51Babove, any relevant business information;
(d) the offence or offences, or a summary of them, with which th e
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 Servicewas granted to the accused or any of the accused.
(8) The addresses that may be published or included in a relevan t
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 purpo ses 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 anysuch time;Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments222
(f) the address of the registered or principal office of any suc h
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 de rogation
from, the provisions of any other enactment with respect to thepublication of reports of court proceedings.
(11) In this section—
“allocation or sending proceedings” means, in relation to an
information charging an indictable offence—
(a) any proceedings in the magistrates’ court at which
matters are considered under any of the followingprovisions—
(i) sections 19 to 23 of the 1980 Act;
(ii) section 51, 51A or 52 above;
(b) any proceedings in the magistrates’ court before the
court proceeds to consider any matter mentioned inparagraph (a) above; and
(c) any proceedings in the magistrates’ court at which an
application under section 25(2) of the 1980 Act isconsidered;
“publish”, in relation to a report, means publish the report,
ei ther by it self  or as part of  a newspaper or periodi cal , fordistribution to the public;
“relevant programme” means a programme included in a
programme service (within the meaning of the BroadcastingAct 1990);
“relevant time” means a time when events giving rise to the
charges to which the proceedings relate occurred.
52B Offences in connection with reporting
(1) If a report is published or included in a relevant programme  i n
contravention of section 52A above, each of the following perso ns 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 publisherof the newspaper or periodical;
(b) in the case of a publication of a written report otherwise t han
as part of a newspaper or periodical, the person whopublishes it;
(c) in the case of the inclusion of a report in a relevant
programme, any body corporate which is engaged inproviding the service in which the programme is includedand any person having functions in relation to theprogramme corresponding to those of the editor of anewspaper.
(2) A person guilty of an offence under this section is liable o n summary
conviction to a fine not exceeding level 5 on the standard scal e.Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments223
(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 purpose s 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 “sec tions 52A and
52B above,”.
20 (1) Schedule 3 (procedure where persons are sent for trial und er 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  i s
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 in serted “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 s ent for
trial or, as the case may be, any of the indictable offences fo r which
he was so sent”, and
(c) in sub-paragraph (9), for “indictable-only” there is substit uted
“indictable”.
(7) In paragraph 7—
(a) in sub-paragraph (1)(a), after “51” there is inserted “or 51 A”,
(b) in sub-paragraph (1)(b), for “offence that is triable only o n
indictment” there is substituted “main offence”,
(c) in sub-paragraph (3), after “each” there is inserted “remain ing”,
(d) in sub-paragraph (7), for “consider” there is substituted “d ecide”,
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 thisAct; orCriminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments224
(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 51Aof this Act (“the applicable subsection”);and
(ii) in respect of which the conditions for
sending him to the Crown Court for trialunder the applicable subsection (as set outin paragraphs (a) to (c) of section 51(5) orparagraphs (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 51 A”,
(b) in sub-paragraph (1)(b), for “offence that is triable only o n
indictment” there is substituted “main offence (within the mean ing
of paragraph 7 above)”,
(c) in sub-paragraph (2)(a), after “each” there is inserted “rem aining”,
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 “d ecide”,
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 (ifany); and
(b) shall give the prosecution and the accused an
opportunity to make representations as to whethersummary trial or trial on indictment would bemore 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 wouldbe 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 definitiveguidelines under section 170 of the Criminal Justice Act2003.
(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 sameor a similar character;
sub-paragraph (3)(a) above shall have effect as if references
to the sentence which a magistrates’ court would haveCriminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments225
power to impose for the offence were a reference to the
maximum aggregate sentence which a magistrates’ courtwould have power to impose for all of the offences takentogether.
(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 NavalDiscipline Act 1957 (whether before a court-martial or any other court or personauthorised under any of those Acts toaward a punishment in respect of anyoffence), 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 Act2003), that if he is tried summarily and is convictedby the court, he may be committed for sentence tothe Crown Court under section 3A of the Powers ofCriminal Courts (Sentencing) Act 2000 if thecommitting court is of such opinion as ismentioned 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” ther e 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 51 A”,
(b) in sub-paragraph (1)(b), for “offence that is triable only o n
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 section51A(2) of this Act; orCriminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments226
(b) an offence—
(i) for which the child or young person has
been sent to the Crown Court for trial undersubsection (7) of section 51 of this Act; and
(ii) in respect of which the conditions for
sending him to the Crown Court for trialunder that subsection (as set out inp a r a g r a p h s  ( a )  a n d  ( b )  o f  t h a t  s u b s e c t i o n )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)
21The Powers of Criminal Courts (Sentencing) Act 2000 is amende d as follows.
22 For section 3 (committal for sentence on summary trial of off ence triable
either way) there is substituted—
“3 Committal for sentence on indication of guilty plea to seriou s offence 
triable either way
(1) Subject to subsection (4) below, this section applies where—
(a) a person aged 18 or over appears or is brought before a
magistrates’ court (“the court”) on an information charginghim with an offence triable either way (“the offence”);
(b) he or his representative indicates under section 17A or (as the
case may be) 17B of the Magistrates’ Courts Act 1980 (initialprocedure: accused to indicate intention as to plea), but notsection 20(7) of that Act, that he would plead guilty if theoffence were to proceed to trial; and
(c) proceeding as if section 9(1) of that Act were complied with
and he pleaded guilty under it, the court convicts him of theoffence.
(2) If the court is of the opinion that—
(a) the offence; or
(b) the combination of the offence and one or more offences
associated with it,
was so serious that the Crown Court should, in the court’s opin ion,
have the power to deal with the offender in any way it could de al
with him if he had been convicted on indictment, the court maycommit him in custody or on bail to the Crown Court for sentenc e in
accordance with section 5(1) below.
(3) Where the court commits a person under subsection (2) above,
section 6 below (which enables a magistrates’ court, where itcommits a person under this section in respect of an offence, a lso to
commit him to the Crown Court to be dealt with in respect of ce rtain
other offences) shall apply accordingly.
(4) This section does not apply in relation to an offence as reg ards which
this section is excluded by section 17D of the Magistrates’ Cou rts Act
1980 (certain offences where value involved is small).Criminal Justice Act 2003 (c. 44)
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Part 1 — Principal amendments227
(5) The preceding provisions of this section shall apply in rela tion to a
corporation as if—
(a) the corporation were an individual aged 18 or over; and
(b) in subsection (2) above, the words “in custody or on bail”
were omitted.”
23 After section 3 there is inserted—
“3A Committal for sentence of dangerous adult offenders
(1) This section applies where on the summary trial of a specifi ed
offence triable either way a person aged 18 or over is convicte d of the
offence.
(2) If, in relation to the offence, it appears to the court that  the criteria for
the imposition of a sentence under section 225(3) or 227(2) of the
Criminal Justice Act 2003 would be met, the court must commit t he
offender in custody or on bail to the Crown Court for sentence in
accordance with section 5(1) below.
(3) Where the court commits a person under subsection (2) above,
section 6 below (which enables a magistrates’ court, where itcommits a person under this section in respect of an offence, a lso to
commit him to the Crown Court to be dealt with in respect of ce rtain
other offences) shall apply accordingly.
(4) In reaching any decision under or taking any step contemplat ed by
this section—
(a) the court shall not be bound by any indication of sentence
given in respect of the offence under section 20 of theMagistrates’ Courts Act 1980 (procedure where summarytrial appears more suitable); and
(b) nothing the court does under this section may be challenged
or be the subject of any appeal in any court on the ground thatit is not consistent with an indication of sentence.
(5) Nothing in this section shall prevent the court from committ ing a
specified offence to the Crown Court for sentence under section  3
above if the provisions of that section are satisfied.
(6) In this section, references to a specified offence are to a specified
offence within the meaning of section 224 of the Criminal Justi ce Act
2003.
3B Committal for sentence on indication of guilty plea by child or young 
person
(1) This section applies where—
(a) a person aged under 18 appears or is brought before a
magistrates’ court (“the court”) on an information charginghim with an offence mentioned in subsection (1) of section 91below (“the offence”);
(b) he or his representative indicates under section 24A or (as the
case may be) 24B of the Magistrates’ Courts Act 1980 (child oryoung person to indicate intention as to plea in certain cases)Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments228
that he would plead guilty if the offence were to proceed to
trial; and
(c) proceeding as if section 9(1) of that Act were complied with
and he pleaded guilty under it, the court convicts him of theoffence.
(2) If the court is of the opinion that— 
(a) the offence; or
(b) the combination of the offence and one or more offences
associated with it,
was such that the Crown Court should, in the court’s opinion, h ave
power to deal with the offender as if the provisions of section  91(3)
below applied, the court may commit him in custody or on bail t o the
Crown Court for sentence in accordance with section 5A(1) below .
(3) Where the court commits a person under subsection (2) above,
section 6 below (which enables a magistrates’ court, where itcommits a person under this section in respect of an offence, a lso to
commit him to the Crown Court to be dealt with in respect of ce rtain
other offences) shall apply accordingly.
3C Committal for sentence of dangerous young offenders
(1) This section applies where on the summary trial of a specifi ed
offence a person aged under 18 is convicted of the offence.
(2) If, in relation to the offence, it appears to the court that  the criteria for
the imposition of a sentence under section 226(3) or 228(2) of the
Criminal Justice Act 2003 would be met, the court must commit t he
offender in custody or on bail to the Crown Court for sentence in
accordance with section 5A(1) below.
(3) Where the court commits a person under subsection (2) above,
section 6 below (which enables a magistrates’ court, where itcommits a person under this section in respect of an offence, a lso to
commit him to the Crown Court to be dealt with in respect of ce rtain
other offences) shall apply accordingly.
(4) Nothing in this section shall prevent the court from committ ing a
specified offence to the Crown Court for sentence under section  3B
above if the provisions of that section are satisfied.
(5) In this section, references to a specified offence are to a specified
offence within the meaning of section 224 of the Criminal Justi ce Act
2003.”
24 (1) Section 4 (committal for sentence on indication of guilty plea to offence
triable either way) is amended as follows.
(2) For subsection (1)(b), there is substituted—
“(b) he or (where applicable) his representative indicates under
section 17A, 17B or 20(7) of the Magistrates’ Courts Act 1980that he would plead guilty if the offence were to proceed totrial; and”.
(3) In subsection (1)(c), for “the Magistrates’ Courts Act 1980”  there is
substituted “that Act”.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments229
(4) After subsection (1) there is inserted—
“(1A) But this section does not apply to an offence as regards w hich this
section is excluded by section 17D of that Act (certain offence s where
value involved is small).”
(5) For subsection (3), there is substituted—
“(3) If the power conferred by subsection (2) above is not exerc isable but
the court is still to determine to, or to determine whether to,  send the
offender to the Crown Court for trial under section 51 or 51A o f the
Crime and Disorder Act 1998 for one or more related offences—
(a) it shall adjourn the proceedings relating to the offence unt il
after it has made those determinations; and
(b) if it sends the offender to the Crown Court for trial for on e or
more related offences, it may then exercise that power.”
(6) In subsection (4)(b), after “section 3(2)” there is inserted  “or, as the case may
be, section 3A(2)”.
(7) After subsection (7) there is inserted—
“(8) In reaching any decision under or taking any step contempla ted by
this section—
(a) the court shall not be bound by any indication of sentence
given in respect of the offence under section 20 of theMagistrates’ Courts Act 1980 (procedure where summarytrial appears more suitable); and
(b) nothing the court does under this section may be challenged
or be the subject of any appeal in any court on the ground thatit is not consistent with an indication of sentence.”
25 After section 4 there is inserted—
“4A Committal for sentence on indication of guilty plea by child  or young 
person with related offences
(1) This section applies where—
(a) a person aged under 18 appears or brought before a
magistrates’ court (“the court”) on an information charginghim with an offence mentioned in subsection (1) of section 91below (“the offence”);
(b) he or his representative indicates under section 24A or (as the
case may be) 24B of the Magistrates’ Courts Act 1980 (child oryoung person to indicate intention as to plea in certain cases)that he would plead guilty if the offence were to proceed totrial; and
(c) proceeding as if section 9(1) of that Act were complied with
and he pleaded guilty under it, the court convicts him of theoffence.
(2) If the court has sent the offender to the Crown Court for tr ial for one
or more related offences, that is to say one or more offences w hich, in
its opinion, are related to the offence, it may commit him in c ustody
or on bail to the Crown Court to be dealt with in respect of th e
offence in accordance with section 5A(1) below.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments230
(3) If the power conferred by subsection (2) above is not exerci sable but
the court is still to determine to, or to determine whether to,  send the
offender to the Crown Court for trial under section 51 or 51A o f the
Crime and Disorder Act 1998 for one or more related offences—
(a) it shall adjourn the proceedings relating to the offence unt il
after it has made those determinations; and
(b) if it sends the offender to the Crown Court for trial for on e or
more related offences, it may then exercise that power.
(4) Where the court—
(a) under subsection (2) above commits the offender to the
Crown Court to be dealt with in respect of the offence; and
(b) does not state that, in its opinion, it also has power so to
commit him under section 3B(2) or, as the case may be,section 3C(2) above,
section 5A(1) below shall not apply unless he is convicted befo re the
Crown Court of one or more of the related offences.
(5) Where section 5A(1) below does not apply, the Crown Court ma y
deal with the offender in respect of the offence in any way in which
the magistrates’ court could deal with him if it had just convi cted
him of the offence.
(6) Where the court commits a person under subsection (2) above,
section 6 below (which enables a magistrates’ court, where itcommits a person under this section in respect of an offence, a lso to
commit him to the Crown Court to be dealt with in respect of ce rtain
other offences) shall apply accordingly.
(7) Section 4(7) above applies for the purposes of this section as it applies
for the purposes of that section.”
26 For section 5 (power of Crown Court on committal for sentence  under
sections 3 and 4) there is substituted—
“5 Power of Crown Court on committal for sentence under sections  3, 3A 
and 4
(1) Where an offender is committed by a magistrates’ court for s entence
under section 3, 3A or 4 above, the Crown Court shall inquire i nto the
circumstances of the case and may deal with the offender in any  way
in which it could deal with him if he had just been convicted o f the
offence on indictment before the court.
(2) In relation to committals under section 4 above, subsection (1) above
has effect subject to section 4(4) and (5) above.
(3) Section 20A(1) of the Magistrates’ Courts Act 1980 (which re lates to
the effect of an indication of sentence under section 20 of tha t Act)
shall not apply in respect of any specified offence (within themeaning of section 224 of the Criminal Justice Act 2003)—
(a) in respect of which the offender is committed under section
3A(2) above; or
(b) in respect of which—
(i) the offender is committed under section 4(2) above;
andCriminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 1 — Principal amendments231
(ii) the court states under section 4(4) above that, in its
o p i n i o n ,  i t  a l s o  h a s  p o w e r  t o  c o m m i t  t h e  o f f e n d e runder section 3A(2) above.”
27 After section 5 there is inserted—
“5A Power of Crown Court on committal for sentence under section s 3B, 
3C and 4A
(1) Where an offender is committed by a magistrates’ court for s entence
under section 3B, 3C or 4A above, the Crown Court shall inquire  into
the circumstances of the case and may deal with the offender in  any
way in which it could deal with him if he had just been convict ed of
the offence on indictment before the court.
(2) In relation to committals under section 4A above, subsection  ( 1)
above has effect subject to section 4A(4) and (5) above.”
28 In section 6 (committal for sentence in certain cases where o ffender
committed in respect of another offence), in subsection (4)(b),  for “3 and 4”
there is substituted “3 to 4A”.
P
ART 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 ju stice of the
peace”, for the words from the beginning to “his trial” there i s 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 parag raph 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)
31In section 6 of the Explosive Substances Act 1 883 (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 (interpretatio n, etc), subsection
(2) is omitted.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments232
Children and Young Persons Act 1933 (c. 12)
33 In section 42 of the Children and Young Persons Act 1933 (ext ension of
power to take deposition of child or young person), in subsecti on (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 foll ows.
(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 insubstitution for or in addition to any count chargingan offence specified in the notice under section 57D(1)of the Crime and Disorder Act 1998, any countsfounded on material which, in pursuance ofregulations made under paragraph 1 of Schedule 3 tothat Act, was served on the person charged, beingcounts which may lawfully be joined in the sameindictment;”,
(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 omitte d.
(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 parag raph 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 an d youth
custody centres) are to have effect as if references to being c ommitted for
trial were references to being sent for trial.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments233
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
37 In section 187 of the Army Act 1955 (proceedings before a civ il court where
persons suspected of illegal absence), at the end of subsection  (4) there is
inserted—
“The references in this subsection to provisions of the Magistr ates’
Courts Act 1980 and to corresponding enactments are to be taken  to
refer to those provisions and enactments as if no amendment to them
had been made by the Criminal Justice Act 2003.”
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
38 In section 187 of the Air Force Act 1955 (proceedings before a civil court
where persons suspected of illegal absence), at the end of subs ection (4)
there is inserted—
“The references in this subsection to provisions of the Magistr ates’
Courts Act 1980 and to corresponding enactments are to be taken  to
refer to those provisions and enactments as if no amendment to them
had been made by the Criminal Justice Act 2003.” 
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 “hav ing 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 In section 109 of the Naval Discipline Act 1957 (proceedings before summary
courts), at the end of subsection (4) there is inserted—
“The references in this subsection to provisions are to be take n to
refer to those provisions as if no amendment to them had been m ade
by the Criminal Justice Act 2003.”
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
41In paragraph 4 of the Schedule to the Backing of Warrants (Re public of
Ireland) Act 1965 (supplementary procedures as to proceedings u nder
section 2)—
(a) the words “and section 2 of the Poor Prisoners Defence Act 1 930
(legal aid before examining justices)” are omitted, and
(b) for “it had determined not to commit for trial” there is sub stituted
“the offence were to be dealt with summarily and the court haddismissed the information”.
Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)
42 In section 2 of the Criminal Procedure (Attendance of Witness es) Act 1965
(issue of witness summons on application to Crown Court)—
(a) for subsection (4) there is substituted—Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments234
“(4) Where a person has been sent for trial for any offence to
which the proceedings concerned relate, an application mustbe made as soon as is reasonably practicable after service onthat person, in pursuance of regulations made underparagraph 1 of Schedule 3 to the Crime and Disorder Act1998, 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 defin ition 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 “comm itted him” there is
substituted “sent him to the Crown Court”.
(3) In section 9 (appeal against sentence following conviction o n indictment), in
subsection (2), the words from “section 41” to “either way offe nce” are
omitted.
Firearms Act 1968 (c. 27)
45 In Schedule 6 to the Firearms Act 1968 (prosecution and punis hment 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 o n 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 ba il 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 Publi c
Order Act 1994 (c. 33), are omitted.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments235
(3) In section 5 (supplementary provisions about decisions on ba il)—
(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
( i v ) s e c t i o n  2 4 C  ( i n t e n t i o n  a s  t o  p l e a  b y
child or young person:adjournment),”.
(4) In section 6 (offence of absconding by person released on ba il), in subsection
(6)(b), for “commits” there is substituted “sends”.
(5) In section 9 (offence of agreeing to indemnify sureties in c riminal
proceedings), in subsection (3)(b), for “commits” there is subs tituted
“sends”.
Interpretation Act 1978 (c. 30)
49 In Schedule 1 to the Interpretation Act 1978 (words and expre ssions
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 pursuantto 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 1 980 is amended as follows.
(2) In section 2, as substituted by the Courts Act 2003 (trial o f summary
offences), in subsection (2), for “as examining justices over” there is
substituted “under sections 51 and 51A of the Crime and Disorde r Act 1998
in respect of”.
(3) Sections 4 to 8 (which relate to committal proceedings) shal l 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 hi m to the
Crown Court for trial under section 51 or 51A of the Crime and Disorder Act
1998; and”.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments236
(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 proce edings
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 omit ted,
(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 subsec tion (1),
paragraph (f) is omitted.
(11) In section 150 (interpretation of other terms), in subsecti on (1), the definition
of “committal proceedings” is omitted.
(12) In section 155 (short title, extent and commencement), in s ubsection (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 s ubstituted
“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 “1 0, 17C, 18(4)
or 24C”.
Criminal Attempts Act 1981 (c. 47)
52 In section 2 of the Criminal Attempts Act 1981 (application o f procedures
and other provisions to offences under section 1), in subsectio n (2)(g), the
words “or committed for trial” are omitted.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments237
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 sub stituted—
“(b) in the case of a report of allocation or sending proceeding s of
which publication is permitted by virtue only of subsection(6) of section 52A of the Crime and Disorder Act 1998 (“the1998 Act”), if published as soon as practicable afterpublication is so permitted;
(c) in the case of a report of an application of which publicati on
is permitted by virtue only of sub-paragraph (5) or (7) ofparagraph 3 of Schedule 3 to the 1998 Act, if published assoon 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 t rial)—
( a ) i n  s u b s e c t i o n  ( 1) ,  f o r  t h e  w o r d s  f r o m  “ v a r y i n g ”  ( w h e r e  i t  f i rst
appears) to “to Crown Court)” there is substituted “substitutin g
some other place for the place specified in a notice under sect ion
51D(1) of the Crime and Disorder Act 1998 (a “section 51D notic e”)”,
(b) in subsection (3), for the words “fixed by the magistrates’ court, as
specified in a notice under a relevant transfer provision” ther e 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 substitu ted
“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 provisio n has
been given” there is substituted “sent for trial”,
(c) in subsection (3), for “of committal for trial or of a notic e 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 towhose case a notice of transfer has been given undera 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.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments238
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 res triction order),
for subsection (4) there is substituted—
“(4) The powers of a magistrates’ court under section 3 or 3B of  t h e
Powers of Criminal Courts (Sentencing) Act 2000 (which enable s uch
a court to commit an offender to the Crown Court where the cour t 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 o rder 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 “sen t”,
(b) in subsection (5), for “committed” there is substituted “sen t”, 
(c) in subsection (6), for “committed” there is substituted “sen t”, and
(d) in subsection (7), for the words from “inquire” to “1980” th ere is
substituted “send him to the Crown Court for trial under sectio n 51
or 51A of the Crime and Disorder Act 1998”, and in paragraph (b ) of
that subsection, the words “where the court proceeds undersubsection (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 fo llows.
(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 “W here 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, andCriminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments239
(c) subsection (12) is omitted.
(4) In section 21 (interpretation), in subsection (6)(b), for “c ommitted” there is
substituted “sent”.
(5) In section 22 (power of Secretary of State to set time limit s in relation to
preliminary stages of criminal proceedings), in subsection (11) —
(a) in paragraph (a) of the definition of “appropriate court”, f or
“committed for trial, sent for trial under section 51 of the Cr ime 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 broughtbefore it following his arrest in pursuance of awarrant 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 h ear
evidence for the prosecution at a summary trial of theoffence; 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” t o “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 th e 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 p roceedings)—Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments240
(a) in subsection (1)(b), for “charged before examining justices  w i t h ”
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 fortrial; 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 “sen t”, 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 omitte d.
(3) In section 24 (business etc documents), subsection (5) is om itted.
(4) In section 26 (statements in certain documents), the paragra ph 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 offenc e where
person committed for either way offence) shall cease to have ef fect.
Road Traffic Offenders Act 1988 (c. 53)
61(1 ) The Road Traffic Offenders Act 1 988 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), subsec tion (7) is omitted.
(4) In section 16 (documentary evidence as to specimens), subsec tion (6A) is
omitted.
(5) In section 20 (speeding offences etc), subsection (8A) is om itted.
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 c hildren) shall cease
to have effect.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments241
(3) Schedule 6 (notices of transfer: procedures in lieu of commi ttal) shall cease
to have effect.
Sexual Offences (Amendment) Act 1992 (c. 34)
63 In section 6 of the Sexual Offences (Amendment) Act 1992 (int erpretation),
in subsection (3)(c), for “commits him” there is substituted “s ends 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 acc ount 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 acc ount 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 In Schedule 2 to the Reserve Forces Act 1996 (deserters and a bsentees
without leave), in paragraph 3, after sub-paragraph (2) there i s inserted—
“(2A) The reference in sub-paragraph (2) to provisions of the
Magistrates’ Courts Act 1980 is to be taken to refer to thoseprovisions as if no amendment to them had been made by theCriminal Justice Act 2003.”
Criminal Procedure and Investigations Act 1996 (c. 25)
66 (1) The Criminal Procedure and Investigations Act 1996 is amen ded 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 omi tted.
(3) In section 5 (compulsory disclosure by accused)—
(a) in subsection (1), for “(2) to” there is substituted “(3A) a nd”,
(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.Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments242
(5) In section 21 (common law rules as to disclosure), in subsec tion (3), for
paragraphs (b) and (c) there is substituted—
“(b) the accused is sent for trial (where this Part applies by v irtue
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 tri al) 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”, an d
(e) in the heading, after “ 51” there is inserted “ and 51A ”.
70 In section 121 (short title, commencement and extent), in sub section (8),
before “paragraphs 7(1)” there is inserted “paragraph 3 of Sche dule 3 to this
Act, section 52(6) above so far as relating to that paragraph,” .
71In 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 anoffence in respect of which notice has been given tothe court under section 51B of this Act, any relevantbusiness 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;Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments243
(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 atany 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 wasotherwise 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 orwith the consent of the Attorney General for NorthernIreland.”
72 In paragraph 4 of Schedule 3 (power of justice to take deposi tions etc), in
sub-paragraph (12), for the definition of “the relevant date” t here is
substituted—
““the relevant date” means the expiry of the period referred to  i n
paragraph 1(1) above.”
Youth Justice and Criminal Evidence Act 1999 (c. 23)
73 (1) The Youth Justice and Criminal Evidence Act 1999 is amende d 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 ame nded as follows.
(2) In section 8 (power and duty to remit young offenders to you th courts for
sentence), in subsection (2), for paragraph (a) there is substi tuted—
“(a) if the offender was sent to the Crown Court for trial under
section 51 or 51A of the Crime and Disorder Act 1998, to ayouth court acting for the place where he was sent to theCrown Court for trial;”.
(3) In section 89 (restriction on imposing imprisonment), in sub section (2)—
(a) in paragraph (b), the words “trial or” are omitted, and
(b) in paragraph (c), after “51” there is inserted “or 51A”.
(4) In section 140 (enforcement of fines etc), in subsection (1) (b)—Criminal Justice Act 2003 (c. 44)
Schedule 3 — Allocation of cases triable either way, and sendin g cases to the Crown Court etc
Part 2 — minor and consequential amendments244
(a) the words “was committed to the Crown Court to be tried or d ealt
with or by which he” are omitted, and
(b) after “51” there is inserted “or 51A”.
(5) In section 148 (restitution orders), in subsection (6), for paragraph (b) there
is substituted—
“(b) such documents as were served on the offender in pursuance
of regulations made under paragraph 1 of Schedule 3 to theCrime and Disorder Act 1998.”
(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 o r 6”.
(3) In section 27 (defendant absconds after being convicted or c ommitted), in
subsection (2)(b), for “section 3, 4 or 6” there is substituted  “section 3, 3A, 3B,
3C, 4, 4A or 6”.
(4) In section 70 (committal by magistrates’ court), in subsecti on (5), after
“way)” there is inserted “or under section 3B(2) of that Act (c ommittal of
child or young person)”.
SCHEDULE 4
Section 62
QUALIFYING  OFFENCES  FOR PURPOSES  OF SECTION  62
PART 1
LIST OF OFFENCES
Offences Against the Person
Murder
1Murder.
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.Criminal Justice Act 2003 (c. 44)
Schedule 4 — Qualifying offences for purposes of section 62
Part 1 — List of offences245
Wounding or causing grievous bodily harm with intent
5 An offence under section 18 of the Offences against the Person  A c t  18 6 1
(c. 100).
Kidnapping
6 Kidnapping.
Sexual Offences
Rape
7 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
8 An offence under section 1 of the Criminal Attempts Act 1981 ( c. 47) of
attempting to commit an offence under section 1 of the Sexual O ffences Act
1956 or section 1 of the Sexual Offences Act 2003.
Intercourse with a girl under thirteen
9 An offence under section 5 of the Sexual Offences Act 1956.
Incest by a man with a girl under thirteen
10 An offence under section 10 of the Sexual Offences Act 1956 a lleged to have
been committed with a girl under thirteen.
Assault by penetration
11 An offence under section 2 of the Sexual Offences Act 2003.
Causing a person to engage in sexual activity without consent
12 An offence under section 4 of the Sexual Offences Act 2003 wh ere it is
alleged that the activity caused involved penetration within su bsection
(4)(a) to (d) of that section.
Rape of a child under thirteen
13 An offence under section 5 of the Sexual Offences Act 2003.
Attempted rape of a child under thirteen
14 An offence under section 1 of the Criminal Attempts Act 1981 of attempting
to commit an offence under section 5 of the Sexual Offences Act  2003.
Assault of a child under thirteen by penetration
15 An offence under section 6 of the Sexual Offences Act 2003.Criminal Justice Act 2003 (c. 44)
Schedule 4 — Qualifying offences for purposes of section 62
Part 1 — List of offences246
Causing a child under thirteen to engage in sexual activity
16 An offence under section 8 of the Sexual Offences Act 2003 (c . 42) where it is
alleged that an activity involving penetration within subsectio n (2)(a) to (d)
of that section was caused.
Sexual activity with a person with a mental disorder impeding c hoice
17 An offence under section 30 of the Sexual Offences Act 2003 w here it is
alleged that the touching involved penetration within subsectio n (3)(a) to (d)
of that section.
Causing or inciting a person with a mental disorder impeding ch oice to engage in sexual 
activity
18 An offence under section 31 of the Sexual Offences Act 2003 w here it is
alleged that an activity involving penetration within subsectio n (3)(a) to (d)
of that section was caused.
Drugs Offences
Unlawful importation of Class A drug
19 An offence under section 50(2) of the Customs and Excise Mana gement 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
20 An offence under section 68(2) of the Customs and Excise Mana gement Act
1979 alleged to have been committed in respect of a Class A dru g (as defined
by section 2 of the Misuse of Drugs Act 1971).
Fraudulent evasion in respect of Class A drug
21 An offence under section 170(1) or (2) of the Customs and Exc ise
Management Act 1979 alleged to have been committed in respect o f 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
22 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 b y section 2
of that Act).
Supplying or offering to supply Class A drug
23 An offence under section 4(3) of the Misuse of Drugs Act 1971  alleged to
have been committed in relation to a Class A drug (as defined b y section 2
of that Act).Criminal Justice Act 2003 (c. 44)
Schedule 4 — Qualifying offences for purposes of section 62
Part 1 — List of offences247
Theft Offences
Robbery
24 An offence under section 8(1) of the Theft Act 1968 (c. 60) wh ere it is alleged
that, at some time during the commission of the offence, the de fendant had
in his possession a firearm or imitation firearm (as defined by  section 57 of
the Firearms Act 1968 (c. 27)).
Criminal Damage Offences
Arson endangering life
25 An offence under section 1(2) of the Criminal Damage Act 1971  ( c .4 8 )
alleged to have been committed by destroying or damaging proper ty by fire.
Causing explosion likely to endanger life or property
26 An offence under section 2 of the Explosive Substances Act 18 83 (c. 3).
Intent or conspiracy to cause explosion likely to endanger life  or property
27 An offence under section 3(1)(a) of the Explosive Substances Act 1883.
War Crimes and Terrorism
Genocide, crimes against humanity and war crimes
28 An offence under section 51 or 52 of the International Crimin al Court Act
2001 (c. 17).
Grave breaches of the Geneva Conventions
29 An offence under section 1 of the Geneva Conventions Act 1957  (c. 52).
Directing terrorist organisation
30 An offence under section 56 of the Terrorism Act 2000 (c. 11).
Hostage-taking
31An offence under section 1  of the Taking of Hostages Act 1 982  (c. 28).
Hijacking and Other Offences Relating to Aviation, Maritime and  Rail Security
Hijacking of aircraft
32 An offence under section 1 of the Aviation Security Act 1982 (c. 36).
Destroying, damaging or endangering the safety of an aircraft
33 An offence under section 2 of the Aviation Security Act 1982.Criminal Justice Act 2003 (c. 44)
Schedule 4 — Qualifying offences for purposes of section 62
Part 1 — List of offences248
Hijacking of ships
34 An offence under section 9 of the Aviation and Maritime Secur ity Act 1990
(c. 31).
Seizing or exercising control of fixed platforms
35 An offence under section 10 of the Aviation and Maritime Secu rity Act 1990.
Destroying ships or fixed platforms or endangering their safety
36 An offence under section 11 of the Aviation and Maritime Secu rity Act 1990.
Hijacking of Channel Tunnel trains
37 An offence under article 4 of the Channel Tunnel (Security) O rder 1994
(S.I.1994/570).
Seizing or exercising control of the Channel Tunnel system
38 An offence under article 5 of the Channel Tunnel (Security) O rder 1994
(S.I.1994/570).
Conspiracy
Conspiracy
39 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
SUPPLEMENTARY
40 A reference in Part 1 of this Schedule to an offence includes  a reference to an
offence of aiding, abetting, counselling or procuring the commi ssion of the
offence.
41A reference in Part 1  of this Schedule to an enactment includ es a reference to
the enactment as enacted and as amended from time to time.Criminal Justice Act 2003 (c. 44)
Schedule 5 — Qualifying offences for purposes of Part 10
Part 1 — List of offences for England and Wales249
SCHEDULE 5 Section 75
QUALIFYING  OFFENCES  FOR PURPOSES  OF PART 10
PART 1
LIST OF OFFENCES  FOR ENGLAND  AND  WALES
Offences Against the Person
Murder
1Murder.
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.
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 o f 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 al leged to have
been committed with a girl under thirteen.Criminal Justice Act 2003 (c. 44)
Schedule 5 — Qualifying offences for purposes of Part 10
Part 1 — List of offences for England and Wales250
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 wh ere it is
alleged that the activity caused involved penetration within su bsection
(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 O ffences 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 wh ere it is
alleged that an activity involving penetration within subsectio n (2)(a) to (d)
of that section was caused.
Sexual activity with a person with a mental disorder impeding c hoice
16 An offence under section 30 of the Sexual Offences Act 2003 w here it is
alleged that the touching involved penetration within subsectio n (3)(a) to (d)
of that section.
Causing a person with a mental disorder impeding choice to enga ge in sexual activity
17 An offence under section 31 of the Sexual Offences Act 2003 w here it is
alleged that an activity involving penetration within subsectio n (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 Mana gement 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 Mana gement Act
1979 alleged to have been committed in respect of a Class A dru g (as defined
by section 2 of the Misuse of Drugs Act 1971).Criminal Justice Act 2003 (c. 44)
Schedule 5 — Qualifying offences for purposes of Part 10
Part 1 — List of offences for England and Wales251
Fraudulent evasion in respect of Class A drug
20 An offence under section 170(1) or (2) of the Customs and Exc ise
Management Act 1979 (c. 2) alleged to have been committed in res pect of a
Class A drug (as defined by section 2 of the Misuse of Drugs Ac t 1971 (c. 38)).
Producing or being concerned in production of Class A drug
21An offence under section 4(2) of the Misuse of Drugs Act 1 971  alleged to
have been committed in relation to a Class A drug (as defined b y 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 .4 8 )
alleged to have been committed by destroying or damaging proper ty by fire.
Causing explosion likely to endanger life or property
23 An offence under section 2 of the Explosive Substances Act 18 83 (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 Crimin al 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.Criminal Justice Act 2003 (c. 44)
Schedule 5 — Qualifying offences for purposes of Part 10
Part 2 — List of offences for Northern Ireland252
PART 2
LIST OF OFFENCES  FOR NORTHERN  IRELAND
Offences Against the Person
Murder
30 Murder.
Attempted murder
31An offence under Article 3 of the Criminal Attempts and Consp iracy
(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.
Kidnapping
34 Kidnapping.
Sexual Offences
Rape
35 Rape.
Attempted rape
36 An offence under section 2 of the Attempted Rape, etc., Act ( Northern
Ireland) 1960.
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.Criminal Justice Act 2003 (c. 44)
Schedule 5 — Qualifying offences for purposes of Part 10
Part 2 — List of offences for Northern Ireland253
Drugs Offences
Unlawful importation of Class A drug
39 An offence under section 50(2) of the Customs and Excise Mana gement 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 Mana gement Act
1979 alleged to have been committed in respect of a Class A dru g (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 Exc ise
Management Act 1979 alleged to have been committed in respect o f 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 (Norther n Ireland)
Order 1977 alleged to have been committed by destroying or dama ging
property by fire.
Causing explosion likely to endanger life or property
44 An offence under section 2 of the Explosive Substances Act 18 83 (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 Crimin al 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).Criminal Justice Act 2003 (c. 44)
Schedule 5 — Qualifying offences for purposes of Part 10
Part 2 — List of offences for Northern Ireland254
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 Consp iracy
(Northern Ireland) Order 1983 of conspiracy to commit an offenc e listed in
this Part of this Schedule.
PART 3
SUPPLEMENTARY
51A reference in this Schedule to an offence includes a referen ce 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 refer ence to the
enactment as enacted and as amended from time to time.
SCHEDULE 6 Section 113
EVIDENCE  OF BAD CHARACTER : ARMED  FORCES
1 Sections 98 to 106, 109, 110 and 112, in so far as they are no t applied in
relation to proceedings before service courts by provision cont ained in or
made under any other Act, have effect in relation to such proce edings
(whether in the United Kingdom or elsewhere) as they have effec t in relation
to criminal proceedings.
2 Section 103, as it applies in relation to proceedings before s ervice courts, has
effect with the substitution in subsection (4)(a) of “charge sh eet” for “written
charge or indictment”.
3 (1) Section 107 has effect in relation to proceedings before co urts-martial
(whether in the United Kingdom or elsewhere) with the followingmodifications.
(2) In subsection (1)—
(a) for “judge and jury” substitute “court-martial”;
(b) for “the court is satisfied” substitute “the judge advocate is satisfied”;
(c) for the words after paragraph (b) substitute “the judge advo cate
must either direct the court to acquit the defendant of the off ence or,
if he considers that there ought to be a retrial, dissolve the court.”
(3) In subsection (2)—
(a) for “jury” substitute “court”;
(b) for “the court is satisfied” substitute “the judge advocate is satisfied”.Criminal Justice Act 2003 (c. 44)
Schedule 6 — Evidence of bad character: armed forces255
(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 115B(2) of the Air ForceAct 1955 or section 62B(2) of the Naval Discipline Act1957 whether a person charged with an offence didthe 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 advo cate must
either direct the court to acquit the defendant of the offence or, if he
considers that there ought to be a rehearing, dissolve the cour t.”
(5) For subsection (4) substitute—
“(4) This section does not prejudice any other power a judge adv ocate
may have to direct a court to acquit a person of an offence or to
dissolve a court.”
4 Section 110, as it applies in relation to proceedings before s ervice 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 a court-martial, in theabsence of the other members of the court) its reasons for theruling;
(b) if it is a Standing Civilian Court, it must cause the ruling  and
the reasons for it to be entered in the note of the court’sproceedings.”
5 Section 111 has effect as if, in subsection (7), the definitio n of “rules of court”
included rules regulating the practice and procedure of service  courts.
6 (1) In this Schedule, and in section 107 as applied by this Sch edule, “court-
martial” means a court-martial constituted under the Army Act 1 955
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or th e Naval
Discipline Act 1957 (c. 53).
(2) In this Schedule “service court” means—
(a) a court-martial;
(b) a summary appeal court constituted under section 83ZA of the  Army
Act 1955, section 83ZA of the Air Force Act 1955 or section 52F F of
the Naval Discipline Act 1957;
(c) the Courts-Martial Appeal Court;
(d) a Standing Civilian Court.
SCHEDULE 7
Section 135
HEARSAY  EVIDENCE : ARMED  FORCES
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 court s by provision
contained in or made under any other Act, have effect in relati on to suchCriminal Justice Act 2003 (c. 44)
Schedule 7 — Hearsay evidence: armed forces256
proceedings (whether in the United Kingdom or elsewhere) as the y have
effect in relation to criminal proceedings.
2 (1) In their application to such proceedings those sections hav e effect with the
following modifications.
(2) In section 116(2)(c) for “United Kingdom” substitute “countr y where the
court is sitting”.
(3) In section 117 insert after subsection (7)—
“(8) In subsection (4) “criminal proceedings” includes 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 A ct
1957; and the definition of “criminal proceedings” in section 1 34(1)
has effect accordingly.”
(4) In section 123(4) for paragraph (a) substitute—
“(a) in the case of proceedings before a court-martial, proceedi ngs
held for the determination of the issue must take place beforethe judge advocate in the absence of the other members of thecourt;”.
(5) In section 127, for subsection (7) substitute—
“(7) The appropriate rules are those regulating the practice and
procedure of service courts.”
(6) In section 132(10), at the end of the definition of “rules o f court” insert—
“(d) 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 investi gation
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 ofthe Naval Discipline Act 1957.”
3 (1) Section 122 has effect in relation to proceedings before co urts-martial
(whether in the United Kingdom or elsewhere) with the followingmodifications.
(2) In subsection (1) for “judge and jury” substitute “court-mar tial”.
(3) In subsection (2)—
(a) for “jury when they retire to consider their” substitute “co urt when it
retires to consider its”.
(b) for “the court” in paragraph (a) substitute “the judge advoc ate”;
(c) for “the jury” in paragraph (b) substitute “the court”.
4 (1) Section 125 has effect in relation to proceedings before co urts-martial
(whether in the United Kingdom or elsewhere) with the followingmodifications.
(2) In subsection (1)—
(a) for “judge and jury” substitute “court-martial”;
(b) for “the court is satisfied” substitute “the judge advocate is satisfied”;Criminal Justice Act 2003 (c. 44)
Schedule 7 — Hearsay evidence: armed forces257
(c) for the words after paragraph (b) substitute “the judge advo cate
must either direct the court to acquit the defendant of the off ence or,
if he considers that there ought to be a retrial, dissolve 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 115B(2) of the Air ForceAct 1955 or section 62B(2) of the Naval Discipline Act1957 whether a person charged with an offence didthe 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 advo cate
must either direct the court to acquit the defendant of the off ence or,
if he considers that there ought to be a rehearing, dissolve th e court.”
(5) For subsection (4) substitute—
“(4) This section does not prejudice any other power a judge adv ocate
may have to direct a court to acquit a person of an offence or to
dissolve a court.”
Amendments
5 For paragraph 1 of Schedule 1 to the Courts-Martial (Appeals) Act 1968
(c. 20) (use at retrial under Naval Discipline Act 1957 of recor d of evidence
given at original trial) substitute—
“1Evidence given at the retrial of any person under section 1 9 of this
Act shall be given orally if it was given orally at the origina l trial,
unless—
(a) all the parties to the retrial agree otherwise;
(b) section 116 of the Criminal Justice Act 2003 applies
(admissibility of hearsay evidence where a witness isunavailable); or
(c) the witness is unavailable to give evidence, otherwise than
as mentioned in subsection (2) of that section, and section114(1)(d) of that Act applies (admission of hearsayevidence under residual discretion).”
6 For paragraph 3 of that Schedule (use at retrial under Army Ac t 1955 of
record of evidence given at original trial) substitute—
“3 Evidence given at the retrial of any person under section 19 of this
Act shall be given orally if it was given orally at the origina l trial,
unless—
(a) all the parties to the retrial agree otherwise;
(b) section 116 of the Criminal Justice Act 2003 applies
(admissibility of hearsay evidence where a witness isunavailable); or
(c) the witness is unavailable to give evidence, otherwise than
as mentioned in subsection (2) of that section, and sectionCriminal Justice Act 2003 (c. 44)
Schedule 7 — Hearsay evidence: armed forces258
114(1)(d) of that Act applies (admission of hearsay
evidence under residual discretion).”
7 For paragraph 5 of that Schedule (use at retrial under Air For ce Act 1955 of
record of evidence given at original trial) substitute—
“5 Evidence given at the retrial of any person under section 19 of this
Act shall be given orally if it was given orally at the origina l trial,
unless—
(a) all the parties to the retrial agree otherwise;
(b) section 116 of the Criminal Justice Act 2003 applies
(admissibility of hearsay evidence where a witness isunavailable); or
(c) the witness is unavailable to give evidence, otherwise than
as mentioned in subsection (2) of that section, and section114(1)(d) of that Act applies (admission of hearsayevidence under residual discretion).”
Interpretation
8 In this Schedule, and in any provision of this Part as applied  by this
Schedule—
“court-martial” means a court-martial constituted under the Arm y Act
1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or
the Naval Discipline Act 1957 (c. 53);
“service court” means—
(a) a court-martial;
(b) a summary appeal court constituted under section 83ZA of
the Army Act 1955, section 83ZA of the Air Force Act 1955 orsection 52FF of the Naval Discipline Act 1957;
(c) the Courts-Martial Appeal Court;
(d) a Standing Civilian Court.
SCHEDULE 8 
Section 179
BREACH , REVOCATION  OR AMENDMENT  OF COMMUNITY  ORDER
PART 1
PRELIMINARY
Interpretation
1In this Schedule—
“the offender”, in relation to a community order, means the per son in
respect of whom the order is made;
“the petty sessions area concerned”, in relation to a community  order,
means the petty sessions area for the time being specified in t he
order;
“the responsible officer” has the meaning given by section 197.
2 In this Schedule—Criminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 1 — Preliminary259
(a) references to a drug rehabilitation requirement of a communi ty
order being subject to review are references to that requiremen t
being subject to review in accordance with section 210(1)(b);
(b) references to the court responsible for a community order im posing
a drug rehabilitation requirement which is subject to review ar e to be
construed in accordance with section 210(2).
3 For the purposes of this Schedule— 
(a) a requirement falling within any paragraph of section 177(1)  is of the
same kind as any other requirement falling within that paragrap h,
and
(b) an electronic monitoring requirement is a requirement of the  same
kind as any requirement falling within section 177(1) to which it
relates.
Orders made on appeal
4 Where a community order has been made on appeal, it is to be t aken for the
purposes of this Schedule to have been made by the Crown Court.
PART 2
BREACH  OF REQUIREMENT  OF ORDER
Duty to give warning
5 (1) If the responsible officer is of the opinion that the offen der has failed without
reasonable excuse to comply with any of the requirements of a c ommunity
order, the officer must give him a warning under this paragraph  unless—
(a) the offender has within the previous twelve months been give n a
warning under this paragraph in relation to a failure to comply  with
any of the requirements of the order, or
(b) the officer causes an information to be laid before a justic e of the
peace in respect of the failure.
(2) A warning under this paragraph must—
(a) describe the circumstances of the failure,
(b) state that the failure is unacceptable, and
(c) inform the offender that, if within the next twelve months h e again
fails to comply with any requirement of the order, he will be l iable to
be brought before a court.
(3) The responsible officer must, as soon as practicable after t he warning has
been given, record that fact.
(4) In relation to any community order which was made by the Cro wn Court
and does not include a direction that any failure to comply wit h the
requirements of the order is to be dealt with by a magistrates’  court, the
reference in sub-paragraph (1)(b) to a justice of the peace is to be read as a
reference to the Crown Court.
Breach of order after warning
6( 1) I f —
(a) the responsible officer has given a warning under paragraph 5 to the
offender in respect of a community order, andCriminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 2 — Breach of requirement of order260
(b) at any time within the twelve months beginning with the date  on
which the warning was given, the responsible officer is of theopinion that the offender has since that date failed withoutreasonable excuse to comply with any of the requirements of theorder,
the officer must cause an information to be laid before a justi ce of the peace
in respect of the failure in question.
(2) In relation to any community order which was made by the Cro wn Court
and does not include a direction that any failure to comply wit h the
requirements of the order is to be dealt with by a magistrates’  court, the
reference in sub-paragraph (1) to a justice of the peace is to be read as a
reference to the Crown Court.
Issue of summons or warrant by justice of the peace
7 (1) This paragraph applies to—
(a) a community order made by a magistrates’ court, or
(b) any community order which was made by the Crown Court and
includes a direction that any failure to comply with the requir ements
of the order is to be dealt with by a magistrates’ court.
(2) If at any time while a community order to which this paragra ph applies is in
force it appears on information to a justice of the peace actin g for the petty
sessions area concerned that the offender has failed to comply with any of
the requirements of the order, the justice may—
(a) issue a summons requiring the offender to appear at the plac e and
time specified in it, or
(b) if the information is in writing and on oath, issue a warran t for his
arrest.
(3) Any summons or warrant issued under this paragraph must dire ct the
offender to appear or be brought—
(a) in the case of a community order imposing a drug rehabilitat ion
requirement which is subject to review, before the magistrates’  court
responsible for the order, or
(b) in any other case, before a magistrates’ court acting for th e petty
sessions area concerned.
(4) Where a summons issued under sub-paragraph (2)(a) requires t he offender
to appear before a magistrates’ court and the offender does not  appear in
answer to the summons, the magistrates’ court may issue a warra nt for the
arrest of the offender.
Issue of summons or warrant by Crown Court
8 (1) This paragraph applies to a community order made by the Cro wn Court
which does not include a direction that any failure to comply w ith the
requirements of the order is to be dealt with by a magistrates’  court.
(2) If at any time while a community order to which this paragra ph applies is in
force it appears on information to the Crown Court that the off ender has
failed to comply with any of the requirements of the order, the  Crown Court
may—
(a) issue a summons requiring the offender to appear at the plac e and
time specified in it, orCriminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 2 — Breach of requirement of order261
(b) if the information is in writing and on oath, issue a warran t for his
arrest.
(3) Any summons or warrant issued under this paragraph must dire ct the
offender to appear or be brought before the Crown Court.
(4) Where a summons issued under sub-paragraph (2)(a) requires t he offender
to appear before the Crown Court and the offender does not appe ar in
answer to the summons, the Crown Court may issue a warrant for the arrest
of the offender.
Powers of magistrates’ court
9 (1) If it is proved to the satisfaction of a magistrates’ court  before which an
offender appears or is brought under paragraph 7 that he has fa iled without
reasonable excuse to comply with any of the requirements of the  community
order, the court must deal with him in respect of the failure i n any one of the
following ways—
(a) by amending the terms of the community order so as to impose  more
onerous requirements which the court could include if it were t hen
making the order;
(b) where the community order was made by a magistrates’ court, by
dealing with him, for the offence in respect of which the order  was
made, in any way in which the court could deal with him if he h ad
just been convicted by it of the offence;
(c) where— 
(i) the community order was made by a magistrates’ court,
(ii) the offence in respect of which the order was made was not
an offence punishable by imprisonment,
(iii) the offender is aged 18 or over, and
(iv) the offender has wilfully and persistently failed to comply
with the requirements of the order,
by dealing with him, in respect of that offence, by imposing a
sentence of imprisonment for a term not exceeding 51 weeks.
(2) In dealing with an offender under sub-paragraph (1), a magis trates’ court
must take into account the extent to which the offender has com plied with
the requirements of the community order.
(3) In dealing with an offender under sub-paragraph (1)(a), the court may
extend the duration of particular requirements (subject to any limit imposed
by Chapter 4 of Part 12 of this Act) but may not extend the per iod specified
under section 177(5).
(4) In dealing with an offender under sub-paragraph (1)(b), the court may, in
the case of an offender who has wilfully and persistently faile d to comply
with the requirements of the community order, impose a custodia l sentence
(where the order was made in respect of an offence punishable w ith such a
sentence) notwithstanding anything in section 152(2).
(5) Where a magistrates’ court deals with an offender under sub- paragraph
(1)(b) or (c), it must revoke the community order if it is stil l in force.
(6) Where a community order was made by the Crown Court and a ma gistrates’
court would (apart from this sub-paragraph) be required to deal  with the
offender under sub-paragraph (1)(a), (b) or (c), it may instead  commit him to
custody or release him on bail until he can be brought or appea r before the
Crown Court.Criminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 2 — Breach of requirement of order262
(7) A magistrates’ court which deals with an offender’s case und er sub-
paragraph (6) must send to the Crown Court—
(a) a certificate signed by a justice of the peace certifying th at the
offender has failed to comply with the requirements of thecommunity order in the respect specified in the certificate, an d
(b) such other particulars of the case as may be desirable;
and a certificate purporting to be so signed is admissible as e vidence of the
failure before the Crown Court.
(8) A person sentenced under sub-paragraph (1)(b) or (c) for an offence may
appeal to the Crown Court against the sentence.
Powers of Crown Court
10 (1) Where under paragraph 8 or by virtue of paragraph 9(6) an offender appears
or is brought before the Crown Court and it is proved to the sa tisfaction of
that court that he has failed without reasonable excuse to comp ly with any
of the requirements of the community order, the Crown Court mus t deal
with him in respect of the failure in any one of the following ways—
(a) by amending the terms of the community order so as to impose  more
onerous requirements which the Crown Court could impose if itwere then making the order;
(b) by dealing with him, for the offence in respect of which the  order was
made, in any way in which he could have been dealt with for tha t
offence by the court which made the order if the order had not been
made;
(c) where— 
(i) the offence in respect of which the order was made was not
an offence punishable by imprisonment, 
(ii) the offender is aged 18 or over,
(iii) the offender has wilfully and persistently failed to compl y
with the requirements of the order,
by dealing with him, in respect of that offence, by imposing a
sentence of imprisonment for a term not exceeding 51 weeks.
(2) In dealing with an offender under sub-paragraph (1), the Cro wn Court must
take into account the extent to which the offender has complied  with the
requirements of the community order.
(3) In dealing with an offender under sub-paragraph (1)(a), the court may
extend the duration of particular requirements (subject to any limit imposed
by Chapter 4 of Part 12 of this Act) but may not extend the per iod specified
under section 177(5).
(4) In dealing with an offender under sub-paragraph (1)(b), the Crown Court
may, in the case of an offender who has wilfully and persistent ly failed to
comply with the requirements of the community order, impose a c ustodial
sentence (where the order was made in respect of an offence pun ishable with
such a sentence) notwithstanding anything in section 152(2).
(5) Where the Crown Court deals with an offender under sub-parag raph (1)(b)
or (c), it must revoke the community order if it is still in fo rce.
(6) In proceedings before the Crown Court under this paragraph a ny question
whether the offender has failed to comply with the requirements  of the
community order is to be determined by the court and not by the  verdict of
a jury.Criminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 2 — Breach of requirement of order263
Restriction of powers in paragraphs 9 and 10 where treatment re quired
11 (1) An offender who is required by any of the following requir ements of a
community order—
(a) a mental health treatment requirement,
(b) a drug rehabilitation requirement, or
(c) an alcohol treatment requirement,
to submit to treatment for his mental condition, or his depende ncy on or
propensity to misuse drugs or alcohol, is not to be treated for  the purposes
of paragraph 9 or 10 as having failed to comply with that requi rement on the
ground only that he had refused to undergo any surgical, electr ical or other
treatment if, in the opinion of the court, his refusal was reas onable having
regard to all the circumstances.
(2) A court may not under paragraph 9(1)(a) or 10(1)(a) amend a mental health
treatment requirement, a drug rehabilitation requirement or an alcohol
treatment requirement unless the offender expresses his willing ness to
comply with the requirement as amended.
Supplementary
12 Where a community order was made by a magistrates’ court in t he case of
an offender under 18 years of age in respect of an offence tria ble only on
indictment in the case of an adult, any powers exercisable unde r paragraph
9(1)(b) in respect of the offender after he attains the age of 18 are powers to
do either or both of the following—
(a) to impose a fine not exceeding £5,000 for the offence in res pect of
which the order was made;
(b) to deal with the offender for that offence in any way in whi ch a
magistrates’ court could deal with him if it had just convicted  him of
an offence punishable with imprisonment for a term not exceedin g
51 weeks.
PART 3
REVOCATION  OF ORDER
Revocation of order with or without re-sentencing: powers of ma gistrates’ court
13 (1) This paragraph applies where a community order, other than  an order made
by the Crown Court and falling within paragraph 14(1)(a), is in  force and on
the application of the offender or the responsible officer it a ppears to the
appropriate magistrates’ court that, having regard to circumsta nces which
have arisen since the order was made, it would be in the intere sts of justice—
(a) for the order to be revoked, or
(b) for the offender to be dealt with in some other way for the offence in
respect of which the order was made.
(2) The appropriate magistrates’ court may—
(a) revoke the order, or
(b) both—
(i) revoke the order, andCriminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 3 — Revocation of order264
(ii) deal with the offender, for the offence in respect of which  the
order was made, in any way in which it could deal with himif he had just been convicted by the court of the offence.
(3) The circumstances in which a community order may be revoked under sub-
paragraph (2) include the offender’s making good progress or hi s
responding satisfactorily to supervision or treatment (as the c ase requires).
(4) In dealing with an offender under sub-paragraph (2)(b), a ma gistrates’ court
must take into account the extent to which the offender has com plied with
the requirements of the community order.
(5) A person sentenced under sub-paragraph (2)(b) for an offence  may appeal
to the Crown Court against the sentence.
(6) Where a magistrates’ court proposes to exercise its powers u nder this
paragraph otherwise than on the application of the offender, it  must
summon him to appear before the court and, if he does not appea r in answer
to the summons, may issue a warrant for his arrest.
(7) In this paragraph “the appropriate magistrates’ court” means —
(a) in the case of an order imposing a drug rehabilitation requi rement
which is subject to review, the magistrates’ court responsible for the
order, and
(b) in the case of any other community order, a magistrates’ cou rt acting
for the petty sessions area concerned.
Revocation of order with or without re-sentencing: powers of Cr own Court
14 (1) This paragraph applies where—
(a) there is in force a community order made by the Crown Court which
does not include a direction that any failure to comply with th e
requirements of the order is to be dealt with by a magistrates’  court,
and
(b) the offender or the responsible officer applies to the Crown  Court for
the order to be revoked or for the offender to be dealt with in  some
other way for the offence in respect of which the order was mad e.
(2) If it appears to the Crown Court to be in the interests of j ustice to do so,
having regard to circumstances which have arisen since the orde r was made,
the Crown Court may—
(a) revoke the order, or
(b) both—
(i) revoke the order, and
(ii) deal with the offender, for the offence in respect of which  the
order was made, in any way in which he could have beendealt with for that offence by the court which made the orderif the order had not been made.
(3) The circumstances in which a community order may be revoked under sub-
paragraph (2) include the offender’s making good progress or hi s
responding satisfactorily to supervision or treatment (as the c ase requires).
(4) In dealing with an offender under sub-paragraph (2)(b), the Crown Court
must take into account the extent to which the offender has com plied with
the requirements of the order.
(5) Where the Crown Court proposes to exercise its powers under this
paragraph otherwise than on the application of the offender, it  mustCriminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 3 — Revocation of order265
summon him to appear before the court and, if he does not appea r in answer
to the summons, may issue a warrant for his arrest.
Supplementary
15 Paragraph 12 applies for the purposes of paragraphs 13 and 14  as it applies
for the purposes of paragraph 9 above, but as if for the words “paragraph
9(1)(b)” there were substituted “paragraph 13(2)(b)(ii) or 14(2 )(b)(ii)”.
PART 4
AMENDMENT  OF ORDER
Amendment by reason of change of residence
16 (1) This paragraph applies where, at any time while a communit y order is in
force in respect of an offender, the appropriate court is satis fied that the
offender proposes to change, or has changed, his residence from  the petty
sessions area concerned to another petty sessions area.
(2) Subject to sub-paragraphs (3) and (4), the appropriate court  may, and on the
application of the responsible officer must, amend the communit y order by
substituting the other petty sessions area for the area specifi ed in the order.
(3) The court may not under this paragraph amend a community ord er which
contains requirements which, in the opinion of the court, canno t be
complied with unless the offender continues to reside in the pe tty sessions
area concerned unless, in accordance with paragraph 17, it eith er—
(a) cancels those requirements, or
(b) substitutes for those requirements other requirements which can be
complied with if the offender ceases to reside in that area.
(4) The court may not amend under this paragraph a community ord er
imposing a programme requirement unless it appears to the court  that the
accredited programme specified in the requirement is available in the other
petty sessions area.
(5) In this paragraph “the appropriate court” means—
(a) in relation to any community order imposing a drug rehabilit ation
requirement which is subject to review, the court responsible f or the
order,
(b) in relation to any community order which was made by the Cro wn
Court and does not include any direction that any failure to co mply
with the requirements of the order is to be dealt with by amagistrates’ court, the Crown Court, and
(c) in relation to any other community order, a magistrates’ cou rt acting
for the petty sessions area concerned.
Amendment of requirements of community order
17 (1) The appropriate court may, on the application of the offen der or the
responsible officer, by order amend a community order—
(a) by cancelling any of the requirements of the order, or
(b) by replacing any of those requirements with a requirement of  the
same kind, which the court could include if it were then making  the
order.Criminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 4 — Amendment of order266
(2) The court may not under this paragraph amend a mental health  treatment
requirement, a drug rehabilitation requirement or an alcohol tr eatment
requirement unless the offender expresses his willingness to co mply with
the requirement as amended.
(3) If the offender fails to express his willingness to comply w ith a mental health
treatment requirement, drug rehabilitation requirement or alcoh ol
treatment requirement as proposed to be amended by the court un der this
paragraph, the court may—
(a) revoke the community order, and
(b) deal with him, for the offence in respect of which the order  was
made, in any way in which he could have been dealt with for tha t
offence by the court which made the order if the order had not been
made.
(4) In dealing with the offender under sub-paragraph (3)(b), the  court—
(a) must take into account the extent to which the offender has complied
with the requirements of the order, and
(b) may impose a custodial sentence (where the order was made in
respect of an offence punishable with such a sentence)notwithstanding anything in section 152(2).
(5) Paragraph 12 applies for the purposes of this paragraph as i t applies for the
purposes of paragraph 9, but as if for the words “paragraph 9(1 )(b)” there
were substituted “paragraph 17(3)(b)”.
(6) In this paragraph “the appropriate court” has the same meani ng as in
paragraph 16.
Amendment of treatment requirements of community order on repor t of practitioner
18 (1) Where the medical practitioner or other person by whom or under whose
direction an offender is, in pursuance of any requirement to wh ich this sub-
paragraph applies, being treated for his mental condition or hi s dependency
on or propensity to misuse drugs or alcohol—
(a) is of the opinion mentioned in sub-paragraph (3), or
(b) is for any reason unwilling to continue to treat or direct t he treatment
of the offender,
he must make a report in writing to that effect to the responsi ble officer and
that officer must apply under paragraph 17 to the appropriate c ourt for the
variation or cancellation of the requirement.
(2) The requirements to which sub-paragraph (1) applies are—
(a) a mental health treatment requirement,
(b) a drug rehabilitation requirement, and
(c) an alcohol treatment requirement.
(3) The opinion referred to in sub-paragraph (1) is—
(a) that the treatment of the offender should be continued beyon d the
period specified in that behalf in the order,
(b) that the offender needs different treatment,
(c) that the offender is not susceptible to treatment, or
(d) that the offender does not require further treatment.
(4) In this paragraph “the appropriate court” has the same meani ng as in
paragraph 16.Criminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 4 — Amendment of order267
Amendment in relation to review of drug rehabilitation requirem ent
19 Where the responsible officer is of the opinion that a commun ity order
imposing a drug rehabilitation requirement which is subject to review
should be so amended as to provide for each subsequent periodic  review
(required by section 211) to be made without a hearing instead of at a review
hearing, or vice versa, he must apply under paragraph 17 to the  court
responsible for the order for the variation of the order.
Extension of unpaid work requirement
20 (1) Where—
(a) a community order imposing an unpaid work requirement is in force
in respect of any offender, and
(b) on the application of the offender or the responsible office r, it
appears to the appropriate court that it would be in the intere sts of
justice to do so having regard to circumstances which have aris en
since the order was made,
the court may, in relation to the order, extend the period of t welve months
specified in section 200(2).
(2) In this paragraph “the appropriate court” has the same meani ng as in
paragraph 16.
PART 5
POWERS  OF COURT  IN RELATION  TO ORDER  FOLLOWING  SUBSEQUENT  CONVICTION
Powers of magistrates’ court following subsequent conviction
21(1 ) This paragraph applies where—
(a) an offender in respect of whom a community order made by a
magistrates’ court is in force is convicted of an offence by amagistrates’ court, and
(b) it appears to the court that it would be in the interests of  justice to
exercise its powers under this paragraph, having regard tocircumstances which have arisen since the community order wasmade.
(2) The magistrates’ court may—
(a) revoke the order, or
(b) both—
(i) revoke the order, and
(ii) deal with the offender, for the offence in respect of which  the
order was made, in any way in which he could have beendealt with for that offence by the court which made the orderif the order had not been made.
(3) In dealing with an offender under sub-paragraph (2)(b), a ma gistrates’ court
must take into account the extent to which the offender has com plied with
the requirements of the community order.
(4) A person sentenced under sub-paragraph (2)(b) for an offence  may appeal
to the Crown Court against the sentence.Criminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 5 — Powers of court in relation to order following subsequ ent conviction268
22 (1) Where an offender in respect of whom a community order mad e by the
Crown Court is in force is convicted of an offence by a magistr ates’ court, the
magistrates’ court may commit the offender in custody or releas e him on
bail until he can be brought before the Crown Court.
(2) Where the magistrates’ court deals with an offender’s case u nder sub-
paragraph (1), it must send to the Crown Court such particulars  of the case
as may be desirable.
Powers of Crown Court following subsequent conviction
23 (1) This paragraph applies where—
(a) an offender in respect of whom a community order is in force — 
(i) is convicted of an offence by the Crown Court, or
(ii) is brought or appears before the Crown Court by virtue of
paragraph 22 or having been committed by the magistrates’court to the Crown Court for sentence, and
(b) it appears to the Crown Court that it would be in the intere sts of
justice to exercise its powers under this paragraph, having reg ard to
circumstances which have arisen since the community order wasmade.
(2) The Crown Court may—
(a) revoke the order, or
(b) both—
(i) revoke the order, and
(ii) deal with the offender, for the offence in respect of which  the
order was made, in any way in which he could have beendealt with for that offence by the court which made the orderif the order had not been made.
(3) In dealing with an offender under sub-paragraph (2)(b), the Crown Court
must take into account the extent to which the offender has com plied with
the requirements of the community order.
P
ART 6
SUPPLEMENTARY
24 (1) No order may be made under paragraph 16, and no applicatio n may be
made under paragraph 13, 17 or 20, while an appeal against the community
order is pending.
(2) Sub-paragraph (1) does not apply to an application under par agraph 17
which—
(a) relates to a mental health treatment requirement, a drug
rehabilitation requirement or an alcohol treatment requirement,  and
(b) is made by the responsible officer with the consent of the o ffender.
25 (1) Subject to sub-paragraph (2), where a court proposes to ex ercise its powers
under Part 4 or 5 of this Schedule, otherwise than on the appli cation of the
offender, the court—
(a) must summon him to appear before the court, and
(b) if he does not appear in answer to the summons, may issue a warrant
for his arrest.Criminal Justice Act 2003 (c. 44)
Schedule 8 — Breach, revocation or amendment of community order
Part 6 — Supplementary269
(2) This paragraph does not apply to an order cancelling a requi rement of a
community order or reducing the period of any requirement, or s ubstituting
a new petty sessions area or a new place for the one specified in the order.
26 Paragraphs 9(1)(a), 10(1)(a) and 17(1)(b) have effect subject  to the provisions
mentioned in subsection (2) of section 177, and to subsections (3) and (6) of
that section.
27 (1) On the making under this Schedule of an order revoking or amending a
community order, the proper officer of the court must—
(a) provide copies of the revoking or amending order to the offe nder
and the responsible officer,
(b) in the case of an amending order which substitutes a new pet ty
sessions area, provide a copy of the amending order to—
(i) the local probation board acting for that area, and
(ii) the magistrates’ court acting for that area, and
(c) in the case of an amending order which imposes or amends a
requirement specified in the first column of Schedule 14, provi de a
copy of so much of the amending order as relates to that requir ement
to the person specified in relation to that requirement in the second
column of that Schedule.
(2) Where under sub-paragraph (1)(b) the proper officer of the c ourt provides a
copy of an amending order to a magistrates’ court acting for a different area,
the officer must also provide to that court such documents and information
relating to the case as it considers likely to be of assistance  to a court acting
for that area in the exercise of its functions in relation to t he order.
(3) In this paragraph “proper officer” means—
(a) in relation to a magistrates’ court, the justices’ chief exe cutive for the
court; and
(b) in relation to the Crown Court, the appropriate officer.
SCHEDULE 9 Section 180
TRANSFER  OF COMMUNITY  ORDERS  TO SCOTLAND  OR NORTHERN  IRELAND
PART 1
SCOTLAND
1(1 ) Where the court considering the making of a community order  is satisfied
that the offender resides in Scotland, or will reside there whe n the order
comes into force, the court may not make a community order in r espect of
the offender unless it appears to the court—
(a) in the case of an order imposing a requirement mentioned in sub-
paragraph (2), that arrangements exist for persons to comply wi th
such a requirement in the locality in Scotland in which the off ender
resides, or will be residing when the order comes into force, a nd that
provision can be made for him to comply with the requirementunder those arrangements, and
(b) in any case, that suitable arrangements for his supervision can be
made by the council constituted under section 2 of the LocalCriminal Justice Act 2003 (c. 44)
Schedule 9 — Transfer of community orders to Scotland or Northe rn Ireland
Part 1 — Scotland270
Government etc. (Scotland) Act 1994 (c. 39) in whose area he res ides,
or will be residing when the order comes into force.
(2) The requirements referred to in sub-paragraph (1)(a) are—
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement,
(d) a mental health treatment requirement,
(e) a drug rehabilitation requirement,
(f) an alcohol treatment requirement, and
(g) an electronic monitoring requirement.
(3) Where— 
(a) the appropriate court for the purposes of paragraph 16 of Sc hedule 8
( amendment b y re ason of c hange of  reside nc e) i s sati sfi ed that an
offender in respect of whom a community order is in force propo ses
to reside or is residing in Scotland, and
(b) it appears to the court that the conditions in sub-paragraph  (1)(a) and
(b) are satisfied,
the power of the court to amend the order under Part 4 of Sched ule 8
includes power to amend it by requiring it to be complied with in Scotland
and the offender to be supervised in accordance with the arrang ements
referred to in sub-paragraph (1)(b).
(4) For the purposes of sub-paragraph (3), any reference in sub- paragraph (1)(a)
and (b) to the time when the order comes into force is to be tr eated as a
reference to the time when the amendment comes into force.
(5) The court may not by virtue of sub-paragraph (1) or (3) requ ire an
attendance centre requirement to be complied with in Scotland.
(6) A community order made or amended in accordance with this pa ragraph
must—
(a) specify the locality in Scotland in which the offender resid es or will
be residing when the order or amendment comes into force;
(b) specify as the corresponding order for the purposes of this Schedule
an order that may be made by a court in Scotland;
(c) specify as the appropriate court for the purposes of subsect ion (4) of
section 228 of the Criminal Procedure (Scotland) Act 1995 (c. 46 ) a
court of summary jurisdiction (which, in the case of an offende r
convicted on indictment, must be the sheriff court) havingjurisdiction in the locality specified under paragraph (a);
and section 216 (petty sessions area to be specified) does not apply in
relation to an order so made or amended.
2 (1) Where a court is considering the making or amendment of a c ommunity
order by virtue of paragraph 1, Chapter 4 of Part 12 of this Ac t has effect
subject to the following modifications.
(2) Any reference to the responsible officer has effect as a ref erence to the officer
of a council constituted under section 2 of the Local Governmen t etc.
(Scotland) Act 1994 (c. 39) responsible for the offender’s super vision or, as
the case may be, discharging in relation to him the functions i n respect of
community service orders assigned by sections 239 to 245 of the  Criminal
Procedure (Scotland) Act 1995.
(3) The following provisions are omitted—Criminal Justice Act 2003 (c. 44)
Schedule 9 — Transfer of community orders to Scotland or Northe rn Ireland
Part 1 — Scotland271
(a) subsection (7) of section 201 (activity requirement),
(b) subsection (7) of section 202 (programme requirement),
(c) subsection (4) of section 206 (residence requirement), and
(d) subsection (4) of section 218 (availability of arrangements in local
area).
(4) In section 207 (mental health treatment requirement), for su bsection (2)(a)
there is substituted—
“(a) treatment as a resident patient in a hospital within the
meaning of the Mental Health (Care and Treatment)(Scotland) Act 2003, not being a State hospital within themeaning of that Act;”.
(5) In section 215 (electronic monitoring requirement), in subse ction (3), the
words from “and” onwards are omitted.
P
ART 2
NORTHERN  IRELAND
3 (1) Where the court considering the making of a community order  is satisfied
that the offender resides in Northern Ireland, or will reside t here when the
order comes into force, the court may not make a community orde r in
respect of the offender unless it appears to the court—
(a) in the case of an order imposing a requirement mentioned in sub-
paragraph (2), that arrangements exist for persons to comply wi th
such a requirement in the petty sessions district in Northern I reland
in which the offender resides, or will be residing when the ord er
comes into force, and that provision can be made for him to com ply
with the requirement under those arrangements, and
(b) in any case, that suitable arrangements for his supervision can be
made by the Probation Board for Northern Ireland.
(2) The requirements referred to in sub-paragraph (1) are—
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement,
(d) a mental health treatment requirement,
(e) a drug rehabilitation requirement,
(f) an alcohol treatment requirement,
(g) an attendance centre requirement, and
(h) an electronic monitoring requirement.
(3) Where— 
(a) the appropriate court for the purposes of paragraph 16 of Sc hedule 8
(amendment by reason of change of residence) is satisfied that the
offender to whom a community order relates proposes to reside o r is
residing in Northern Ireland, and
(b) it appears to the court that the conditions in sub-paragraph s (1)(a)
and (b) are satisfied,
the power of the court to amend the order under Part 4 of Sched ule 8
includes power to amend it by requiring it to be complied with in Northern
Ireland and the offender to be supervised in accordance with th e
arrangements referred to in sub-paragraph (1)(b).Criminal Justice Act 2003 (c. 44)
Schedule 9 — Transfer of community orders to Scotland or Northe rn Ireland
Part 2 — Northern Ireland272
(4) For the purposes of sub-paragraph (3), any reference in sub- paragraph (1)(a)
and (b) to the time when the order comes into force is to be tr eated as a
reference to the time when the amendment comes into force.
(5) A community order made or amended in accordance with this pa ragraph
must specify the petty sessions district in Northern Ireland in  which the
offender resides or will be residing when the order or amendmen t comes
into force; and section 216 (petty sessions area to be specifie d) does not apply
in relation to an order so made or amended.
(6) A community order made or amended in accordance with this pa ragraph
must also specify as the corresponding order for the purposes o f this
Schedule an order that may be made by a court in Northern Irela nd.
4 (1) Where a court is considering the making or amendment of a c ommunity
order by virtue of paragraph 3, Chapter 4 of Part 12 of this Ac t has effect
subject to the following modifications.
(2) Any reference to the responsible officer has effect as a ref erence to the
probation officer responsible for the offender’s supervision or , as the case
may be, discharging in relation to the offender the functions c onferred by
Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S .I. 1996/3160
(N.I. 24)).
(3) The following provisions are omitted—
(a) subsection (7) of section 201 (activity requirement),
(b) subsection (7) of section 202 (programme requirement),
(c) subsection (4) of section 206 (residence requirement), and
(d) subsection (4) of section 218 (availability of arrangements in local
area).
(4) In section 207 (mental health treatment requirement), for su bsection (2)(a)
there is substituted—
“(a) treatment (whether as an in-patient or an out-patient) at s uch
hospital as may be specified in the order, being a hospitalwithin the meaning of the Health and Personal SocialServices (Northern Ireland) Order 1972, approved by theDepartment of Health, Social Services and Public Safety forthe purposes of paragraph 4(3) of Schedule 1 to the CriminalJustice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24));”.
(5) In section 214 (attendance centre requirement), any referenc e to an
attendance centre has effect as a reference to a day centre, as  defined by
paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland)
Order 1996 (S.I. 1996/3160 (N.I. 24)).
(6) In section 215 (electronic monitoring requirement), in subse ction (3), the
words from “and” onwards are omitted.
P
ART 3
GENERAL  PROVISIONS
5 In this Part of this Schedule—
“corresponding order” means the order specified under paragraph
1(6)(b) or 3(6);
“home court” means—Criminal Justice Act 2003 (c. 44)
Schedule 9 — Transfer of community orders to Scotland or Northe rn Ireland
Part 3 — General provisions273
(a) if the offender resides in Scotland, or will be residing the re at
the relevant time, the sheriff court having jurisdiction in thelocality in which he resides or proposes to reside, and
(b) if he resides in Northern Ireland, or will be residing there  at
the relevant time, the court of summary jurisdiction acting forthe petty sessions district in which he resides or proposes toreside;
“the local authority officer concerned”, in relation to an offe nder, means
the officer of a council constituted under section 2 of the Loc al
Government etc. (Scotland) Act 1994 (c. 39) responsible for hissupervision or, as the case may be, discharging in relation to him the
functions in respect of community service orders assigned bysections 239 to 245 of the Criminal Procedure (Scotland) Act 19 95
(c. 46);
“the probation officer concerned”, in relation to an offender, means the
probation officer responsible for his supervision or, as the ca se may
be, discharging in relation to him the functions conferred by P art 2 of
the Criminal Justice (Northern Ireland) Order 1996;
“the relevant time” means the time when the order or the amendm ent
to it comes into force.
6 Where a community order is made or amended in accordance with
paragraph 1 or 3, the court which makes or amends the order mus t provide
the home court with a copy of the order as made or amended, tog ether with
such other documents and information relating to the case as it  considers
likely to be of assistance to that court; and paragraphs (b) to  (d) of subsection
(1) of section 219 (provision of copies of relevant orders) do not apply.
7 In section 220 (duty of offender to keep in touch with respons ible officer) the
reference to the responsible officer is to be read in accordanc e with
paragraph 2(2) or 4(2).
8 Where a community order is made or amended in accordance with
paragraph 1 or 3, then, subject to the following provisions of this Part of this
Schedule—
(a) the order is to be treated as if it were a corresponding ord er made in
the part of the United Kingdom in which the offender resides, o r will
be residing at the relevant time, and
(b) the legislation relating to such orders which has effect in that part of
the United Kingdom applies accordingly.
9 Before making or amending a community order in those circumsta nces the
court must explain to the offender in ordinary language—
(a) the requirements of the legislation relating to correspondin g orders
which has effect in the part of the United Kingdom in which heresides or will be residing at the relevant time, 
(b) the powers of the home court under that legislation, as modi fied by
this Part of this Schedule, and
(c) its own powers under this Part of this Schedule.
10 The home court may exercise in relation to the community orde r any power
which it could exercise in relation to the corresponding order made by a
court in the part of the United Kingdom in which the home court  exercises
jurisdiction, by virtue of the legislation relating to such ord ers which has
effect in that part, except the following—Criminal Justice Act 2003 (c. 44)
Schedule 9 — Transfer of community orders to Scotland or Northe rn Ireland
Part 3 — General provisions274
(a) any power to discharge or revoke the order (other than a pow er to
revoke the order where the offender has been convicted of a fur ther
offence and the court has imposed a custodial sentence),
(b) any power to deal with the offender for the offence in respe ct of
which the order was made,
( c ) i n  t h e  c a s e  o f  a  c o m m u n i t y  o r d e r  i m p o s i n g  a n  u n p a i d  w o r k
requirement, any power to vary the order by substituting for th e
number of hours of work specified in it any greater number than  the
court which made the order could have specified, and
(d) in the case of a community order imposing a curfew requireme nt,
any power to vary the order by substituting for the period spec ified
in it any longer period than the court which made the order cou ld
have specified.
11 If at any time while legislation relating to corresponding or ders which has
effect in Scotland or Northern Ireland applies by virtue of par agraph 7 to a
community order made in England and Wales—
(a) it appears to the home court—
( i ) i f  t h a t  c o u r t  i s  i n  S c o t l a n d ,  o n  i n f o r m a t i o n  f r o m  t h e  l o c a l
authority officer concerned, or
(ii) if that court is in Northern Ireland, upon a complaint bein g
made to a justice of the peace acting for the petty sessionsdistrict for the time being specified in the order,
that the offender has failed to comply with any of the requirem ents
of the order, or
(b) it appears to the home court—
(i) if that court is in Scotland, on the application of the offe nder
or of the local authority officer concerned, or
(ii) if it is in Northern Ireland, on the application of the off ender
or of the probation officer concerned,
that it would be in the interests of justice for a power confer red by
paragraph 13 or 14 of Schedule 8 to be exercised,
the home court may require the offender to appear before the co urt which
made the order or the court which last amended the order in Eng land and
Wales.
12 Where an offender is required by virtue of paragraph 11 to ap pear before a
court in England and Wales that court—
(a) may issue a warrant for his arrest, and
(b) may exercise any power which it could exercise in respect of  the
community order if the offender resided in England and Wales,
and any enactment relating to the exercise of such powers has e ffect
accordingly, and with any reference to the responsible officer being read as
a reference to the local authority officer or probation officer  concerned.
13 Paragraph 12(b) does not enable the court to amend the commun ity order
unless—
(a) where the offender resides in Scotland, it appears to the co urt that the
conditions in paragraph 1(1)(a) and (b) are satisfied in relati on to any
requirement to be imposed, or
(b) where the offender resides in Northern Ireland, it appears t o the
court that the conditions in paragraph 3(1)(a) and (b) are sati sfied in
relation to any requirement to be imposed.Criminal Justice Act 2003 (c. 44)
Schedule 9 — Transfer of community orders to Scotland or Northe rn Ireland
Part 3 — General provisions275
14 The preceding paragraphs of this Schedule have effect in rela tion to the
amendment of a community order by virtue of paragraph 12(b) as they have
effect in relation to the amendment of such an order by virtue of paragraph
1(3) or 3(3).
15 Where an offender is required by virtue of paragraph (a) of p aragraph 11 to
appear before a court in England and Wales—
(a) the home court must send to that court a certificate certify ing that the
offender has failed to comply with such of the requirements of the
order as may be specified in the certificate, together with suc h other
particulars of the case as may be desirable, and
(b) a certificate purporting to be signed by the clerk of the ho me court is
admissible as evidence of the failure before the court which ma de the
order.
SCHEDULE 10 Section 187
REVOCATION  OR AMENDMENT  OF CUSTODY  PLUS  ORDERS  AND  AMENDMENT  OF 
INTERMITTENT  CUSTODY  ORDERS
Interpretation
1(1 ) In this Schedule—
“the appropriate court” means—
(a) where the custody plus order or intermittent custody order
was made by the Crown Court, the Crown Court, and
(b) in any other case, a magistrates’ court acting for the petty
sessions area concerned;
“the offender”, in relation to a custody plus order or intermit tent
custody order, means the person in respect of whom the order ismade;
“the petty sessions area concerned”, in relation to a custody p lus order
or intermittent custody order, means the petty sessions area fo r the
time being specified in the order;
“the responsible officer” has the meaning given by section 197.
(2) In this Schedule any reference to a requirement being impose d by, or
included in, a custody plus order or intermittent custody order  is to be read
as a reference to compliance with the requirement being require d by the
order to be a condition of a licence.
Orders made on appeal
2 Where a custody plus order or intermittent custody order has b een made on
appeal, it is to be taken for the purposes of this Schedule to have been made
by the Crown Court.
Revocation of custody plus order or removal from intermittent c ustody order of requirements 
as to licence conditions
3 (1) Where at any time while a custody plus order or intermitten t custody order
is in force, it appears to the appropriate court on the applica tion of the
offender or the responsible officer that, having regard to circ umstancesCriminal Justice Act 2003 (c. 44)
Schedule 10 — Revocation or amendment of custody plus orders an d amendment of intermittent custody orders276
which have arisen since the order was made, it would be in the interests of
justice to do so, the court may—
(a) in the case of a custody plus order, revoke the order, and
(b) in the case of an intermittent custody order, amend the orde r so that
it contains only provision specifying periods for the purposes of
section 183(1)(b)(i).
(2) The revocation under this paragraph of a custody plus order does not affect
the sentence of imprisonment to which the order relates, except  in relation
to the conditions of the licence.
Amendment by reason of change of residence
4 (1) This paragraph applies where, at any time during the term o f imprisonment
to which a custody plus order or intermittent custody order rel ates, the
appropriate court is satisfied that the offender proposes to ch ange, or has
changed, his residence during the licence period from the petty  sessions area
concerned to another petty sessions area.
(2) Subject to sub-paragraphs (3) and (4), the appropriate court  may, and on the
application of the Secretary of State or the responsible office r must, amend
the custody plus order or intermittent custody order by substit uting the
other petty sessions area for the area specified in the order.
(3) The court may not amend under this paragraph a custody plus order or
intermittent custody order which contains requirements which, i n the
opinion of the court, cannot be complied with unless the offend er resides in
the petty sessions area concerned unless, in accordance with pa ragraph 5, it
either—
(a) cancels those requirements, or
(b) substitutes for those requirements other requirements which can be
complied with if the offender does not reside in that area.
(4) The court may not amend under this paragraph any custody plu s order or
intermittent custody order imposing a programme requirement unl ess it
appears to the court that the accredited programme specified in  t h e
requirement is available in the other petty sessions area.
Amendment of requirements of custody plus order or intermittent  custody order
5 (1) At any time during the term of imprisonment to which a cust ody plus order
or intermittent custody order relates, the appropriate court ma y, on the
application of the offender, the Secretary of State or the resp onsible officer,
by order amend any requirement of the custody plus order or int ermittent
custody order—
(a) by cancelling the requirement, or
(b) by replacing it with a requirement of the same kind imposing
different obligations, which the court could include if it were  then
making the order.
(2) For the purposes of sub-paragraph (1)—
(a) a requirement falling within any paragraph of section 182(1)  is of the
same kind as any other requirement falling within that paragrap h,
and
(b) an electronic monitoring requirement is a requirement of the  same
kind as any requirement falling within section 182(1) to which it
relates.Criminal Justice Act 2003 (c. 44)
Schedule 10 — Revocation or amendment of custody plus orders an d amendment of intermittent custody orders277
(3) Sub-paragraph (1)(b) has effect subject to the provisions me ntioned in
subsection (2) of section 182, and to subsections (3) and (5) o f that section.
Alteration of pattern of temporary release
6 (1) At any time during the term of imprisonment to which an int ermittent
custody order relates, the appropriate court may, on the applic ation of the
offender, the Secretary of State or the responsible officer, am end the order— 
(a) so as to specify different periods for the purposes of secti on
183(1)(b)(i), or
(b) so as to provide that he is to remain in prison until the nu mber of
days served by him in prison is equal to the number of custodia l
days.
(2) The appropriate court may not by virtue of sub-paragraph (1)  amend an
intermittent custody order unless it has received from the Secr etary of State
notification that suitable prison accommodation is available fo r the offender
during the periods which, under the order as amended, will be c ustodial
periods.
(3) In this paragraph “custodial period” has the same meaning as  i n  s e c t i o n
184(3).
Supplementary
7 No application may be made under paragraph 3(1), 5(1) or 6(1) while an
appeal against the sentence of which the custody plus or interm ittent
custody order forms part is pending.
8 (1) Subject to sub-paragraph (2), where a court proposes to exe rcise its powers
under paragraph 5 or 6, otherwise than on the application of th e offender,
the court—
(a) must summon him to appear before the court, and
(b) if he does not appear in answer to the summons, may issue a warrant
for his arrest.
(2) This paragraph does not apply to an order cancelling any req uirement of a
custody plus or intermittent custody order.
9 (1) On the making under this Schedule of an order revoking or a mending a
custody plus order or amending an intermittent custody order, t he proper
officer of the court must—
(a) provide copies of the revoking or amending order to the offe nder
and the responsible officer, 
(b) in the case of an amending order which substitutes a new pet ty
sessions area, provide a copy of the amending order to—
(i) the local probation board acting for that area, and
(ii) the magistrates’ court acting for that area,
(c) in the case of an order which cancels or amends a requiremen t
specified in the first column of Schedule 14, provide a copy of  s o
much of the amending order as relates to that requirement to th e
person specified in relation to that requirement in the second column
of that Schedule.
(2) Where under sub-paragraph (1)(b) the proper officer of the c ourt provides a
copy of an amending order to a magistrates’ court acting for a different area,
the officer must also provide to that court such documents and informationCriminal Justice Act 2003 (c. 44)
Schedule 10 — Revocation or amendment of custody plus orders an d amendment of intermittent custody orders278
relating to the case as it considers likely to be of assistance  to a court acting
for that area in the exercise of its functions in relation to t he order.
SCHEDULE 11 Section 188
TRANSFER  OF CUSTODY  PLUS  ORDERS  AND  INTERMITTENT  CUSTODY  ORDERS  TO SCOTLAND  
OR NORTHERN  IRELAND
PART 1
INTRODUCTORY
1In this Schedule—
(a) “the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43), and
(b)  any reference to a requirement being imposed by, or include d in a
custody plus order or intermittent custody order is a reference  t o
compliance with the requirement being required by the order to be a
condition of a licence.
PART 2
SCOTLAND
2 (1) Where the court making a custody plus order is satisfied th at the offender
resides in Scotland, or will reside there during the licence pe riod, the court
may, subject to sub-paragraph (2), impose requirements that are  to be
complied with in Scotland and require the offender’s compliance  with the
order to be supervised in accordance with arrangements made by the local
authority in Scotland in whose area he resides or will reside.
( 2 ) T h e  c o u r t  m a y  n o t  m a k e  a n  o r d e r  b y  v i r t u e  o f  t h i s  p a r a g r a p h  unless it
appears to the court—
(a) in the case of an order imposing a requirement mentioned in sub-
paragraph (3), that arrangements exist for persons to comply wi th
such a requirement in the locality in Scotland in which the off ender
resides, or will be residing during the licence period, and tha t
provision can be made for him to comply with the requirementunder those arrangements, and
(b) in any case, that suitable arrangements for supervising his
compliance with the order can be made by the local authority inwhose area he resides, or will be residing during the licence p eriod.
(3) The requirements referred to in sub-paragraph (2)(a) are—
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement, and
(d) an electronic monitoring requirement.
(4) If an order has been made in accordance with this paragraph in relation to
an offender but— 
(a) the Secretary of State decides not to make an order under pa ragraph
1 or 4 of Schedule 1 to the 1997 Act in relation to him, andCriminal Justice Act 2003 (c. 44)
Schedule 11 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 2 — Scotland279
(b) the offender has not applied under paragraph 22 of this Sche dule for
the amendment of the custody plus order or intermittent custodyorder,
the Secretary of State must apply to the court under paragraph 22 of this
Schedule for the amendment of the order.
3W h e r e —
(a) the appropriate court for the purposes of paragraph 4 of Sch edule 10
(amendment by reason of change of residence) is satisfied that the
offender in respect of whom a custody plus order or intermitten t
custody order is in force is residing in Scotland, or proposes to reside
there during the licence period,
(b) the Secretary of State has made, or has indicated his willin gness to
make, an order under paragraph 1 or 4 of Schedule 1 to the 1997  Act
in relation to the offender, and
(c) it appears to the court that the conditions in paragraph 2(2 )(a) and (b)
are satisfied,
the power of the court to amend the order under Schedule 10 inc ludes power
to amend it by requiring the requirements included in the order  to be
complied with in Scotland and the offender’s compliance with th em to be
supervised in accordance with the arrangements referred to in p aragraph
2(2)(b).
4 A court may not by virtue of paragraph 2 or 3 require an atten dance centre
requirement to be complied with in Scotland.
5 A custody plus order made in accordance with paragraph 2 or a custody
plus order or intermittent order amended in accordance with par agraph 3
must—
(a) specify the local authority area in which the offender resid es or will
reside during the licence period, and
(b) require the local authority for that area to appoint or assi gn an officer
who will be responsible for discharging in relation to him thefunctions conferred on responsible officers by Part 12 of this Act;
and section 216 (petty sessions area to be specified) does not apply in
relation to an order so made or amended.
6 (1) Where a court makes a custody plus order in accordance with  paragraph 2
or amends a custody plus order or intermittent custody order in  accordance
with paragraph 3, the court must provide the relevant documents  to—
(a) the local authority for the area specified in the order, and
(b) the sheriff court having jurisdiction in the locality in whi ch the
offender resides or proposes to reside;
and paragraphs (b) to (d) of subsection (1) of section 219 (whi ch relate to the
provision of copies) do not apply in relation to an order so ma de or
amended.
(2) In this paragraph, “the relevant documents” means—
(a) a copy of the order as made or amended, and
(b) such other documents and information relating to the case as  the
court making or amending the order considers likely to be ofassistance.
7 (1) In relation to the making of a custody plus order by virtue  of paragraph 2, in
relation to the amendment of a custody plus order or intermitte nt custody
order by virtue of paragraph 3, and (except for the purposes of  paragraphCriminal Justice Act 2003 (c. 44)
Schedule 11 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 2 — Scotland280
22) in relation to an order so made or amended, Chapter 4 of Pa rt 12 of this
Act has effect subject to the following modifications.
(2) Any reference to the responsible officer has effect as a ref erence to the officer
appointed or assigned under paragraph 5(b).
(3) The following provisions are omitted—
(a) subsection (7) of section 201 (activity requirement);
(b) subsection (7) of section 202 (programme requirement);
(c) subsection (4) of section 218 (availability of arrangements in local
area).
(4) In section 215 (electronic monitoring requirement), in subse ction (3), the
words from “and” onwards are omitted.
8 In this Part of this Schedule “local authority” means a counci l constituted
under section 2 of the Local Government etc. (Scotland) Act 199 4 (c. 39); and
any reference to the area of such an authority is a reference t o the local
government area within the meaning of that Act.
PART 3
NORTHERN  IRELAND
9 (1) Where the court making a custody plus order is satisfied th at the offender
resides in Northern Ireland, or will reside there during the li cence period,
the court may, subject to sub-paragraph (2), impose requirement s that are to
be complied with in Northern Ireland and require the offender’s  compliance
with the order to be supervised in accordance with arrangements  made by
the Probation Board for Northern Ireland.
( 2 ) T h e  c o u r t  m a y  n o t  m a k e  a n  o r d e r  b y  v i r t u e  o f  t h i s  p a r a g r a p h  unless it
appears to the court—
(a) in the case of an order imposing a requirement mentioned in sub-
paragraph (3), that arrangements exist for persons to comply wi th
such a requirement in the petty sessions district in Northern I reland
in which the offender resides, or will be residing during the l icence
period, and that provision can be made for him to comply with t he
requirement under those arrangements, and
(b) in any case, that suitable arrangements for supervising his
compliance with the order can be made by the Probation Board fo r
Northern Ireland.
(3) The requirements referred to in sub-paragraph (1)(a) are—
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement,
(d) an attendance centre requirement, and
(e) an electronic monitoring requirement.
(4) If an order has been made in accordance with this paragraph in relation to
an offender but— 
(a) the Secretary of State decides not to make an order under pa ragraph
1 or 4 of Schedule 1 to the 1997 Act in relation to him, and
(b) the offender has not applied under paragraph 22 of this Sche dule for
the amendment of the custody plus order or intermittent custodyorder,Criminal Justice Act 2003 (c. 44)
Schedule 11 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 3 — Northern Ireland281
the Secretary of State must apply to the court under paragraph 22 for the
amendment of the order.
10W h e r e —
(a) the appropriate court for the purposes of paragraph 4 of Sch edule 10
(amendment by reason of change of residence) is satisfied that the
offender in respect of whom a custody plus order or intermitten t
custody order is in force is residing in Northern Ireland, or p roposes
to reside there during the licence period,
(b) the Secretary of State has made, or has indicated his willin gness to
make, an order under paragraph 1 or 4 of Schedule 1 to the 1997  Act
in relation to the offender, and
(c) it appears to the court that the conditions in paragraph 9(2 )(a) and (b)
are satisfied,
the power of the court to amend the order under Schedule 10 inc ludes power
to amend it by requiring the requirements included in the order  to be
complied with in Northern Ireland and the offender’s compliance  with them
to be supervised in accordance with the arrangements referred t o in
paragraph 9(2)(b).
11 A custody plus order made in accordance with paragraph 9 or a  custody
plus order or intermittent custody order amended in accordance with
paragraph 10 must—
(a) specify the petty sessions district in Northern Ireland in w hich the
offender resides or will reside during the licence period, and
(b) require the Probation Board for Northern Ireland to appoint or
assign a probation officer who will be responsible for discharg ing in
relation to him the functions conferred on responsible officers  b y
Part 11 of this Act;
and section 216 (petty sessions area to be specified) does not apply in
relation to an order so made or amended.
12 (1) Where a court makes a custody plus order in accordance wit h paragraph 9
or amends a custody plus order or intermittent custody order in  accordance
with paragraph 10, the court must provide the relevant document s to—
(a) the Probation Board for Northern Ireland, and
(b) the court of summary jurisdiction acting for the petty sessi ons
district in which the offender resides or proposes to reside;
and paragraphs (b) to (d) of subsection (1) of section 219 (whi ch relate to the
provision of copies) do not apply in relation to an order so ma de or
amended.
(2) In this paragraph, “the relevant documents” means—
(a) a copy of the order as made or amended, and
(b) such other documents and information relating to the case as  the
court making or amending the order considers likely to be ofassistance.
13 (1) In relation to the making of a custody plus order by virtu e of paragraph 9, in
relation to the amendment of a custody plus order or intermitte nt custody
order by virtue of paragraph 10, and (except for the purposes o f paragraph
22) in relation to an order so made or amended, Chapter 4 of Pa rt 12 of this
Act has effect subject to the following modifications.
(2) Any reference to the responsible officer has effect as a ref erence to the
probation officer appointed or assigned under paragraph 11(b).Criminal Justice Act 2003 (c. 44)
Schedule 11 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 3 — Northern Ireland282
(3) The following provisions are omitted—
(a) subsection (7) of section 201 (activity requirement);
(b) subsection (7) of section 202 (programme requirement);
(c) subsection (4) of section 218 (availability of arrangements in local
area).
(4) In section 214 (attendance centre requirement), any referenc e to an
attendance centre has effect as a reference to a day centre, as  defined by
paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland)
Order 1996 (S.I. 1996/3160 (N.I. 24).
(5) In section 215 (electronic monitoring requirement), in subse ction (3), the
words from “and” onwards are omitted.
PART 4
GENERAL  PROVISIONS
14 This Part of this Schedule applies at any time while a custod y plus order
made in accordance with paragraph 2 or 9 or amended in accordan ce with
paragraph 3 or 10, or an intermittent custody order amended in accordance
with paragraph 3 or 10, is in force in respect of an offender.
15 In this Part of this Schedule— 
“home court” means—
(a) if the offender resides in Scotland, or will be residing the re
during the licence period, the sheriff court having jurisdictio n
in the locality in which the offender resides or proposes toreside, and
(b) if he resides in Northern Ireland, or will be residing there
during the licence period, the court of summary jurisdictionacting for the petty sessions district in which he resides orproposes to reside;
“local authority” and “local authority area” are to be read in accordance
with paragraph 8;
“original court” means the court in England and Wales which mad e or
last amended the custody plus order or intermittent custody ord er;
“the relevant officer” means—
(a) where the order specifies a local authority area in Scotland ,
the local authority officer appointed or assigned underparagraph 5(b), and
(b) where the order specifies a local authority district in
Northern Ireland, the probation officer appointed orassigned under paragraph 11(b).
16 (1) Where this Part of this Schedule applies, Schedule 10 has effect subject to the
following modifications.
(2) Any reference to the responsible officer has effect as a ref erence to the
relevant officer.
(3) Any reference to the appropriate court has effect as a refer ence to the
original court.
(4) Where the order specifies a local authority area in Scotland —
(a) any reference to the petty sessions area concerned has effec t as a
reference to that local authority area, andCriminal Justice Act 2003 (c. 44)
Schedule 11 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 4 — General provisions283
(b) any other reference to a petty sessions area has effect as a  reference
to a local authority area.
(5) Where the order specifies a petty sessions district in North ern Ireland—
(a) any reference to the petty sessions area concerned has effec t as a
reference to that petty sessions district, and
(b) any other reference to a petty sessions area has effect as a  reference
to a petty sessions district.
(6) Paragraph 9 is omitted.
17 (1) The home court may exercise any power under paragraph 4 or  5 of Schedule
10 (amendment of custody plus order or intermittent custody ord er) as if it
were the original court.
(2) Subject to sub-paragraph (3), where the home court proposes to exercise the
power conferred by paragraph 5 of Schedule 10, otherwise than o n the
application of the offender, the court—
(a) if it is in Scotland—
(i) must issue a citation requiring the offender to appear befor e
it, and
(ii) if he does not appear in answer to the citation, may issue a
warrant for the offender’s arrest;
(b) if it is in Northern Ireland—
(i) must issue a summons requiring the offender to appear
before it, and
(ii) if he does not appear in answer to the summons, may issue a
warrant for the offender’s arrest;
and paragraph 8 of Schedule 10 does not apply to the home court .
(3) Sub-paragraph (2) does not apply to any order cancelling any  requirement
of a custody plus order or intermittent custody order.
(4) Where the home court is considering amending a custody plus or
intermittent custody order, any reference in Chapter 4 of Part 12 of this Act
to a local probation board has effect as a reference to a local  authority in
Scotland or, as the case may be, the Probation Board for Northe rn Ireland.
18 Where by virtue of paragraph 17 any application is made to th e home court
under paragraph 4 or 5 of Schedule 10, the home court may (inst ead of
dealing with the application) require the offender to appear be fore the
original court.
19 No court may amend or further amend a custody plus order or a n
intermittent custody order unless it appears to the court that the conditions
in paragraph 2(2)(a) and (b) or, as the case may be, the condit ions in
paragraph 9(2)(a) and (b) are satisfied in relation to any requ irement to be
imposed; but this paragraph does not apply to any amendment mad e by
virtue of paragraph 22(1).
20 The preceding paragraphs of this Schedule have effect in rela tion to any
amendment of a custody plus or intermittent custody order by an y court as
they have effect in relation to the amendment of such an order by virtue of
paragraph 3 or 10.
21On the making of an order amending a custody plus order or in termittent
custody order—Criminal Justice Act 2003 (c. 44)
Schedule 11 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 4 — General provisions284
(a) the court must provide copies of the amending order to the o ffender
and the relevant officer, and
(b) in the case of an amending order which substitutes a new loc al
authority area or petty sessions district, paragraphs 5 and 6, or as the
case may be paragraphs 11 and 12, have effect in relation to th e order
as they have effect in relation to an order made or amended inaccordance with paragraph 2 or 3, or as the case may be, 9 or 1 0.
22 (1) Where—
(a) a custody plus order has been made in accordance with paragr aph 2
or 9 or a custody plus or intermittent custody order has beenamended in accordance with paragraph 3 or 10, but (in any of th ose
cases) the Secretary of State has not made an order under parag raph
1 or 4 of Schedule 1 to the 1997 Act in relation to the offende r, or
(b) the Secretary of State has made, or indicated his willingnes s to make,
an order under paragraph 7(1) of Schedule 1 to the 1997 Acttransferring the offender or his supervision back to England an d
Wales,
the court may, on the application of the offender or the Secret ary of State,
amend the custody plus order or intermittent custody order by r equiring it
to be complied with in England and Wales.
(2) In sub-paragraph (1) “the court”, in a case falling within p aragraph (a) of that
sub-paragraph, means the original court.
(3) In a case where paragraph 2(4) or 9(4) requires the Secretar y of State to apply
under this paragraph, the court must make an amending order und er this
paragraph.
(4) Where under this paragraph the court amends a custody plus o rder or
intermittent custody order which contains requirements which, i n the
opinion of the court, cannot be complied with in the petty sess ions area in
which the offender is residing or proposes to reside, the court  must, in
accordance with paragraph 5 of Schedule 10, either—
(a) cancel those requirements, or
(b) substitute for those requirements other requirements which c an be
complied with if the offender resides in that area.
(5) Where the court amends under this paragraph any custody plus  order or
intermittent custody order imposing a programme requirement, th e court
must ensure that the requirement as amended specifies a program me which
is available in the petty sessions area in England and Wales in  which the
offender is residing or proposes to reside.
(6) The custody plus order or intermittent custody order as amen ded under this
paragraph must specify the petty sessions area in which the off ender resides
or proposes to reside in the licence period.
(7) On the making under this paragraph of an order amending a cu stody plus
order or intermittent custody order, the court must—
(a) provide copies of the amending order to the offender, the re levant
officer and the local probation board acting for the new pettysessions area, and
(b) provide the magistrates’ court acting for that area with a c opy of the
amending order and such other documents and information relatin g
to the case as the home court considers likely to be of assista nce to the
court acting for that area in the exercise of its functions in relation to
the order.Criminal Justice Act 2003 (c. 44)
Schedule 11 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 4 — General provisions285
(8) Where an order has been amended under this paragraph, the pr eceding
paragraphs of this Schedule shall cease to apply to the order a s amended.
PART 5
SUPPLEMENTARY
23 Subsections (1) and (3) of section 245C of the Criminal Proce dure (Scotland)
Act 1995 (c. 46) (provision of remote monitoring) have effect as  if they
included a reference to the electronic monitoring of the requir ements of a
custody plus order made in accordance with paragraph 2 or a cus tody plus
order or intermittent custody order made in accordance with par agraph 3.
24 (1) Section 4 of the Summary Jurisdiction (Process) Act 1881 ( c. 24) (which
provides, among other things, for service in England and Wales of Scottish
citations or warrants) applies to any citation or warrant issue d under
paragraph 17(2)(a) as it applies to a citation or warrant grant ed under section
134 of the Criminal Procedure (Scotland) Act 1995.
(2) A summons issued by a court in Northern Ireland under paragr aph 17(2)(b)
may, in such circumstances as may be prescribed by rules of cou rt, be served
in England and Wales or Scotland.
SCHEDULE 12 Section 193
BREACH  OR AMENDMENT  OF SUSPENDED  SENTENCE  ORDER , AND  EFFECT  OF FURTHER  
CONVICTION
PART 1
PRELIMINARY
Interpretation
1In this Schedule—
“the offender”, in relation to a suspended sentence order, mean s the
person in respect of whom the order is made;
“the petty sessions area concerned”, in relation to a suspended  sentence
order, means the petty sessions area for the time being specifi ed in
the order;
“the responsible officer” has the meaning given by section 197.
2 In this Schedule—
(a) any reference to a suspended sentence order being subject to  review
is a reference to such an order being subject to review in acco rdance
with section 191(1)(b) or to a drug rehabilitation requirement of such
an order being subject to review in accordance with section 210 (1)(b);
(b) any reference to the court responsible for a suspended sente nce order
which is subject to review is to be construed in accordance wit h
section 191(3) or, as the case may be, 210(2).Criminal Justice Act 2003 (c. 44)
Schedule 12 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 1 — Preliminary286
Orders made on appeal
3 Where a suspended sentence order is made on appeal it is to be  taken for the
purposes of this Schedule to have been made by the Crown Court.
PART 2
BREACH  OF COMMUNITY  REQUIREMENT  OR CONVICTION  OF FURTHER  OFFENCE
Duty to give warning in relation to community requirement
4 (1) If the responsible officer is of the opinion that the offen der has failed without
reasonable excuse to comply with any of the community requireme nts of a
suspended sentence order, the officer must give him a warning u nder this
paragraph unless—
(a) the offender has within the previous twelve months been give n a
warning under this paragraph in relation to a failure to comply  with
any of the community requirements of the order, or
(b) the officer causes an information to be laid before a justic e of the
peace in respect of the failure.
(2) A warning under this paragraph must—
(a) describe the circumstances of the failure,
(b) state that the failure is unacceptable, and
(c) inform the offender that if within the next twelve months he  again
fails to comply with any requirement of the order, he will be l iable to
be brought before a court.
(3) The responsible officer must, as soon as practicable after t he warning has
been given, record that fact.
(4) In relation to any suspended sentence order which is made by  the Crown
Court and does not include a direction that any failure to comp ly with the
community requirements of the order is to be dealt with by a ma gistrates’
court, the reference in sub-paragraph (1)(b) to a justice of th e peace is to be
read as a reference to the Crown Court.
Breach of order after warning
5( 1) I f —
(a) the responsible officer has given a warning under paragraph 4 to the
offender in respect of a suspended sentence order, and
(b) at any time within the twelve months beginning with the date  on
which the warning was given, the responsible officer is of theopinion that the offender has since that date failed withoutreasonable excuse to comply with any of the communityrequirements of the order,
the officer must cause an information to be laid before a justi ce of the peace
in respect of the failure in question.
(2) In relation to any suspended sentence order which is made by  the Crown
Court and does not include a direction that any failure to comp ly with the
community requirements of the order is to be dealt with by a ma gistrates’
court, the reference in sub-paragraph (1) to a justice of the p eace is to be read
as a reference to the Crown Court.Criminal Justice Act 2003 (c. 44)
Schedule 12 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of furth er offence287
Issue of summons or warrant by justice of the peace
6 (1) This paragraph applies to—
(a) a suspended sentence order made by a magistrates’ court, or
(b) any suspended sentence order which was made by the Crown Cou rt
and includes a direction that any failure to comply with thecommunity requirements of the order is to be dealt with by amagistrates’ court.
(2) If at any time while a suspended sentence order to which thi s paragraph
applies is in force it appears on information to a justice of t he peace acting
for the petty sessions area concerned that the offender has fai led to comply
with any of the community requirements of the order, the justic e may—
(a) issue a summons requiring the offender to appear at the plac e and
time specified in it, or
(b) if the information is in writing and on oath, issue a warran t for his
arrest.
(3) Any summons or warrant issued under this paragraph must dire ct the
offender to appear or be brought—
(a) in the case of a suspended sentence order which is subject t o review,
before the court responsible for the order, 
(b) in any other case, before a magistrates’ court acting for th e petty
sessions area concerned.
(4) Where a summons issued under sub-paragraph (2)(a) requires t he offender
to appear before a magistrates’ court and the offender does not  appear in
answer to the summons, the magistrates’ court may issue a warra nt for the
arrest of the offender.
Issue of summons or warrant by Crown Court
7 (1) This paragraph applies to a suspended sentence order made b y the Crown
Court which does not include a direction that any failure to co mply with the
community requirements of the order is to be dealt with by a ma gistrates’
court.
(2) If at any time while a suspended sentence order to which thi s paragraph
applies is in force it appears on information to the Crown Cour t that the
offender has failed to comply with any of the community require ments of
the order, the Crown Court may—
(a) issue a summons requiring the offender to appear at the plac e and
time specified in it, or
(b) if the information is in writing and on oath, issue a warran t for his
arrest.
(3) Any summons or warrant issued under this paragraph must dire ct the
offender to appear or be brought before the Crown Court.
(4) Where a summons issued under sub-paragraph (1)(a) requires t he offender
to appear before the Crown Court and the offender does not appe ar in
answer to the summons, the Crown Court may issue a warrant for the arrest
of the offender.
Powers of court on breach of community requirement or convictio n of further offence
8 (1) This paragraph applies where—Criminal Justice Act 2003 (c. 44)
Schedule 12 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of furth er offence288
(a) it is proved to the satisfaction of a court before which an offender
appears or is brought under paragraph 6 or 7 or by virtue of se ction
192(6) that he has failed without reasonable excuse to comply w ith
any of the community requirements of the suspended sentenceorder, or
(b) an offender is convicted of an offence committed during the
operational period of a suspended sentence (other than one whic h
has already taken effect) and either—
(i) he is so convicted by or before a court having power under
paragraph 11 to deal with him in respect of the suspendedsentence, or
(ii) he subsequently appears or is brought before such a court.
(2) The court must consider his case and deal with him in one of  the following
ways—
(a) the court may order that the suspended sentence is to take e ffect with
its original term and custodial period unaltered,
(b) the court may order that the sentence is to take effect with  either or
both of the following modifications—
(i) the substitution for the original term of a lesser term
complying with section 181(2), and
(ii) the substitution for the original custodial period of a les ser
custodial period complying with section 181(5) and (6),
(c) the court may amend the order by doing any one or more of th e
following—
(i) imposing more onerous community requirements which the
court could include if it were then making the order,
(ii) subject to subsections (3) and (4) of section 189, extendin g the
supervision period, or
(iii) subject to subsection (3) of that section, extending the
operational period.
(3) The court must make an order under sub-paragraph (2)(a) or ( b) unless it is
o f  t h e  o p i n i o n  t h a t  i t  w o u l d  b e  u n j u s t  t o  d o  s o  i n  v i e w  o f  a l l  the
circumstances, including the matters mentioned in sub-paragraph  (4); and
where it is of that opinion the court must state its reasons.
(4) The matters referred to in sub-paragraph (3) are—
(a) the extent to which the offender has complied with the commu nity
requirements of the suspended sentence order, and
(b) in a case falling within sub-paragraph (1)(b), the facts of the
subsequent offence.
(5) Where a court deals with an offender under sub-paragraph (2)  in respect of
a suspended sentence, the appropriate officer of the court must  notify the
appropriate officer of the court which passed the sentence of t he method
adopted.
(6) Where a suspended sentence order was made by the Crown Court  and a
magistrates’ court would (apart from this sub-paragraph) be req uired to
deal with the offender under sub-paragraph (2)(a), (b) or (c) i t may instead
commit him to custody or release him on bail until he can be br ought or
appear before the Crown Court.
(7) A magistrates’ court which deals with an offender’s case und er sub-
paragraph (6) must send to the Crown Court—Criminal Justice Act 2003 (c. 44)
Schedule 12 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of furth er offence289
(a) a certificate signed by a justice of the peace certifying th at the
offender has failed to comply with the community requirements o f
the suspended sentence order in the respect specified in thecertificate, and
(b) such other particulars of the case as may be desirable;
and a certificate purporting to be so signed is admissible as e vidence of the
failure before the Crown Court.
(8) In proceedings before the Crown Court under this paragraph a ny question
whether the offender has failed to comply with the communityrequirements of the suspended sentence order and any question w hether the
offender has been convicted of an offence committed during the operational
period of the suspended sentence is to be determined by the cou rt and not
by the verdict of a jury.
Further provisions as to order that suspended sentence is to ta ke effect
9 (1) When making an order under paragraph 8(2)(a) or (b) that a sentence is to
take effect (with or without any variation of the original term  and custodial
period), the court— 
(a) must also make a custody plus order, and
(b) may order that the sentence is to take effect immediately or  that the
term of that sentence is to commence on the expiry of another t erm
of imprisonment passed on the offender by that or another court .
(2) The power to make an order under sub-paragraph (1)(b) has ef fect subject to
section 265 (restriction on consecutive sentences for released prisoners).
(3) For the purpose of any enactment conferring rights of appeal  in crimi nal
cases, any order made by the court under paragraph 8(2)(a) or ( b) is to be
treated as a sentence passed on the offender by that court for the offence for
which the suspended sentence was passed.
Restriction of powers in paragraph 8 where treatment required
10 (1) An offender who is required by any of the following commun ity
requirements of a suspended sentence order—
(a) a mental health treatment requirement,
(b) a drug rehabilitation requirement, or
(c) an alcohol treatment requirement,
to submit to treatment for his mental condition, or his depende ncy on or
propensity to misuse drugs or alcohol, is not to be treated for  the purposes
of paragraph 8(1)(a) as having failed to comply with that requi rement on the
ground only that he had refused to undergo any surgical, electr ical or other
treatment if, in the opinion of the court, his refusal was reas onable having
regard to all the circumstances.
(2) A court may not under paragraph 8(2)(c)(i) amend a mental he alth treatment
requirement, a drug rehabilitation requirement or an alcohol tr eatment
requirement unless the offender expresses his willingness to co mply with
the requirement as amended.
Court by which suspended sentence may be dealt with under parag raph 8(1)(b)
11 (1) An offender may be dealt with under paragraph 8(1)(b) in r espect of a
suspended sentence by the Crown Court or, where the sentence wa s passedCriminal Justice Act 2003 (c. 44)
Schedule 12 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of furth er offence290
by a magistrates’ court, by any magistrates’ court before which  he appears
or is brought.
(2) Where an offender is convicted by a magistrates’ court of an y offence and
the court is satisfied that the offence was committed during th e operational
period of a suspended sentence passed by the Crown Court—
(a) the court may, if it thinks fit, commit him in custody or on  bail to the
Crown Court, and
(b) if it does not, must give written notice of the conviction t o the
appropriate officer of the Crown Court.
Procedure where court convicting of further offence does not de al with suspended sentence
12 (1) If it appears to the Crown Court, where that court has jur isdiction in
accordance with sub-paragraph (2), or to a justice of the peace  having
jurisdiction in accordance with that sub-paragraph—
(a) that an offender has been convicted in the United Kingdom of  an
offence committed during the operational period of a suspendedsentence, and
(b) that he has not been dealt with in respect of the suspended sentence,
that court or justice may, subject to the following provisions of this
paragraph, issue a summons requiring the offender to appear at the place
and time specified in it, or a warrant for his arrest.
(2) Jurisdiction for the purposes of sub-paragraph (1) may be ex ercised—
(a) if the suspended sentence was passed by the Crown Court, by that
court;
(b) if it was passed by a magistrates’ court, by a justice actin g for the
petty sessions area for which that court acted.
(3) Where—
(a) an offender is convicted in Scotland or Northern Ireland of an
offence, and
(b) the court is informed that the offence was committed during the
operational period of a suspended sentence passed in England orWales,
the court must give written notice of the conviction to the app ropriate officer
of the court by which the suspended sentence was passed.
(4) Unless he is acting in consequence of a notice under sub-par agraph (3), a
justice of the peace may not issue a summons under this paragra ph except
on information and may not issue a warrant under this paragraph  except on
information in writing and on oath.
(5) A summons or warrant issued under this paragraph must direct  t h e
offender to appear or be brought before the court by which the suspended
sentence was passed.
P
ART 3
AMENDMENT  OF SUSPENDED  SENTENCE  ORDER
Cancellation of community requirements of suspended sentence or der
13 (1) Where at any time while a suspended sentence order is in f orce, it appears
to the appropriate court on the application of the offender or the responsibleCriminal Justice Act 2003 (c. 44)
Schedule 12 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order291
officer that, having regard to the circumstances which have ari sen since the
order was made, it would be in the interests of justice to do s o, the court may
cancel the community requirements of the suspended sentence ord er.
(2) The circumstances in which the appropriate court may exercis e its power
under sub-paragraph (1) include the offender’s making good prog ress or his
responding satisfactorily to supervision.
(3) In this paragraph “the appropriate court” means—
(a) in the case of a suspended sentence order which is subject t o review,
the court responsible for the order,
(b) in the case of a suspended sentence order which was made by the
Crown Court and does not include any direction that any failure  to
comply with the community requirements of the order is to be de alt
with by a magistrates’ court, the Crown Court, and
(c) in any other case, a magistrates’ court acting for the petty  sessions
area concerned.
Amendment by reason of change of residence
14 (1) This paragraph applies where, at any time while a suspende d sentence order
is in force, the appropriate court is satisfied that the offend er proposes to
change, or has changed, his residence from the petty sessions a rea concerned
to another petty sessions area.
(2) Subject to sub-paragraphs (3) and (4), the appropriate court  may, and on the
application of the responsible officer must, amend the suspende d sentence
order by substituting the other petty sessions area for the are a specified in
the order.
(3) The court may not amend under this paragraph a suspended sen tence order
which contains requirements which, in the opinion of the court,  cannot be
complied with unless the offender resides in the petty sessions  area
concerned unless, in accordance with paragraph 15 it either—
(a) cancels those requirements, or
(b) substitutes for those requirements other requirements which can be
complied with if the offender does not reside in that area.
(4) The court may not amend under this paragraph any suspended s entence
order imposing a programme requirement unless it appears to the  court that
the accredited programme specified in the requirement is availa ble in the
other petty sessions area.
(5) In this paragraph “the appropriate court” has the same meani ng as in
paragraph 13.
Amendment of community requirements of suspended sentence order
15 (1) At any time during the supervision period, the appropriate  court may, on
the application of the offender or the responsible officer, by order amend
any community requirement of a suspended sentence order—
(a) by cancelling the requirement, or
(b) by replacing it with a requirement of the same kind, which t he court
could include if it were then making the order.
(2) For the purposes of sub-paragraph (1)— Criminal Justice Act 2003 (c. 44)
Schedule 12 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order292
(a) a requirement falling within any paragraph of section 190(1)  is of the
same kind as any other requirement falling within that paragrap h,
and
(b) an electronic monitoring requirement is a requirement of the  same
kind as any requirement falling within section 190(1) to which it
relates.
(3) The court may not under this paragraph amend a mental health  treatment
requirement, a drug rehabilitation requirement or an alcohol tr eatment
requirement unless the offender expresses his willingness to co mply with
the requirement as amended.
(4) If the offender fails to express his willingness to comply w ith a mental health
treatment requirement, drug rehabilitation requirement or alcoh ol
treatment requirement as proposed to be amended by the court un der this
paragraph, the court may—
(a) revoke the suspended sentence order and the suspended senten ce to
which it relates, and
(b) deal with him, for the offence in respect of which the suspe nded
sentence was imposed, in any way in which it could deal with hi m if
he had just been convicted by or before the court of the offenc e.
(5) In dealing with the offender under sub-paragraph (4)(b), the  court must take
into account the extent to which the offender has complied with  the
requirements of the order.
(6) In this paragraph “the appropriate court” has the same meani ng as in
paragraph 13.
Amendment of treatment requirements on report of practitioner
16 (1) Where the medical practitioner or other person by whom or under whose
direction an offender is, in pursuance of any requirement to wh ich this sub-
paragraph applies, being treated for his mental condition or hi s dependency
on or propensity to misuse drugs or alcohol—
(a) is of the opinion mentioned in sub-paragraph (3), or
(b) is for any reason unwilling to continue to treat or direct t he treatment
of the offender,
he must make a report in writing to that effect to the responsi ble officer and
that officer must apply under paragraph 15 to the appropriate c ourt for the
variation or cancellation of the requirement.
(2) The requirements to which sub-paragraph (1) applies are—
(a) a mental health treatment requirement,
(b) a drug rehabilitation requirement, and
(c) an alcohol treatment requirement.
(3) The opinion referred to in sub-paragraph (1) is—
(a) that the treatment of the offender should be continued beyon d the
period specified in that behalf in the order,
(b) that the offender needs different treatment,
(c) that the offender is not susceptible to treatment, or
(d) that the offender does not require further treatment.
(4) In this paragraph “the appropriate court” has the same meani ng as in
paragraph 13.Criminal Justice Act 2003 (c. 44)
Schedule 12 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order293
Amendment in relation to review of drug rehabilitation requirem ent
17 Where the responsible officer is of the opinion that a suspen ded sentence
order imposing a drug rehabilitation requirement which is subje ct to review
should be so amended as to provide for each periodic review (re quired by
section 211) to be made without a hearing instead of at a revie w hearing, or
vice versa, he must apply under paragraph 15 to the court respo nsible for the
order for the variation of the order.
Extension of unpaid work requirement
18( 1) W h e r e —
(a) a suspended sentence order imposing an unpaid work requireme nt
is in force in respect of the offender, and
(b) on the application of the offender or the responsible office r, it
appears to the appropriate court that it would be in the intere sts of
justice to do so having regard to circumstances which have aris en
since the order was made,
the court may, in relation to the order, extend the period of t welve months
specified in section 200(2).
(2) In this paragraph “the appropriate court” has the same meani ng as in
paragraph 13.
Supplementary
19 (1) No application may be made under paragraph 13, 15 or 18, a nd no order
may be made under paragraph 14, while an appeal against the sus pended
sentence is pending.
(2) Sub-paragraph (1) does not apply to an application under par agraph 15
which—
(a) relates to a mental health treatment requirement, a drug
rehabilitation requirement or an alcohol treatment requirement,  and
(b) is made by the responsible officer with the consent of the o ffender.
20 (1) Subject to sub-paragraph (2), where a court proposes to ex ercise its powers
under paragraph 15, otherwise than on the application of the of fender, the
court—
(a) must summon him to appear before the court, and
(b) if he does not appear in answer to the summons, may issue a warrant
for his arrest.
(2) This paragraph does not apply to an order cancelling any com munity
requirement of a suspended sentence order.
21 Paragraphs 8(2)(c) and 15(1)(b) have effect subject to the pr ovisions
mentioned in subsection (2) of section 190, and to subsections (3) and (5) of
that section.
22 (1) On the making under this Schedule of an order amending a s uspended
sentence order, the proper officer of the court must—
(a) provide copies of the amending order to the offender and the
responsible officer,
(b) in the case of an amending order which substitutes a new pet ty
sessions area, provide a copy of the amending order to—
(i) the local probation board acting for that area, andCriminal Justice Act 2003 (c. 44)
Schedule 12 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order294
(ii) the magistrates’ court acting for that area, and
(c) in the case of an amending order which imposes or amends a
requirement specified in the first column of Schedule 14, provi de a
copy of so much of the amending order as relates to that requir ement
to the person specified in relation to that requirement in the second
column of that Schedule.
(2) Where under sub-paragraph (1)(b) the proper officer of the c ourt provides a
copy of an amending order to a magistrates’ court acting for a different area,
the officer must also provide to that court such documents and information
relating to the case as it considers likely to be of assistance  to a court acting
for that area in the exercise of its functions in relation to t he order.
(3) In this paragraph “proper officer” means—
(a) in relation to a magistrates’ court, the justices’ chief exe cutive for the
court; and
(b) in relation to the Crown Court, the appropriate officer.
SCHEDULE 13 Section 194
TRANSFER  OF SUSPENDED  SENTENCE  ORDERS  TO SCOTLAND  OR NORTHERN  IRELAND
PART 1
SCOTLAND
1(1 ) Where the court considering the making of a suspended sente nce order is
satisfied that the offender resides in Scotland, or will reside  there when the
order comes into force, the court may not make a suspended sent ence order
in respect of the offender unless it appears to the court—
(a) in the case of an order imposing a requirement mentioned in sub-
paragraph (2), that arrangements exist for persons to comply wi th
such a requirement in the locality in Scotland in which the off ender
resides, or will be residing when the order comes into force, a nd that
provision can be made for him to comply with the requirementunder those arrangements, and
(b) in any case, that suitable arrangements for his supervision can be
made by the local authority in whose area he resides, or will b e
residing when the order comes into force.
(2) The requirements referred to in sub-paragraph (1)(a) are—
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement,
(d) a mental health treatment requirement,
(e) a drug rehabilitation requirement,
(f) an alcohol treatment requirement, and
(g) an electronic monitoring requirement.
(3) Where— 
(a) the appropriate court for the purposes of paragraph 14 of Sc hedule
12 (amendment by reason of change of residence) is satisfied th at anCriminal Justice Act 2003 (c. 44)
Schedule 13 — Transfer of suspended sentence orders to Scotland  or Northern Ireland
Part 1 — Scotland295
offender in respect of whom a suspended sentence order is in fo rce
proposes to reside or is residing in Scotland, and
(b) it appears to the court that the conditions in sub-paragraph  (1)(a) and
(b) are satisfied,
the power of the court to amend the order under Part 3 of Sched ule 12
includes power to amend it by requiring it to be complied with in Scotland
and the offender to be supervised in accordance with the arrang ements
referred to in sub-paragraph (1)(b).
(4) For the purposes of sub-paragraph (3), any reference in sub- paragraph (1)(a)
and (b) to the time when the order comes into force is to be tr eated as a
reference to the time when the amendment comes into force.
(5) The court may not by virtue of sub-paragraph (1) or (3) requ ire an
attendance centre requirement to be complied with in Scotland.
(6) The court may not provide for an order made in accordance wi th this
paragraph to be subject to review under section 191 or 210; and  where an
order which is subject to review under either of those sections  is amended in
accordance with this paragraph, the order shall cease to be so subject.
2 A suspended sentence order made or amended in accordance with
paragraph 1 must—
(a) specify the local authority area in which the offender resid es or will
be residing when the order or amendment comes into force, and
(b) require the local authority for that area to appoint or assi gn an officer
who will be responsible for discharging in relation to him thefunctions conferred on responsible officers by Part 12 of this Act;
and section 216 (petty sessions area to be specified) does not apply in
relation to an order so made or amended.
3 (1) Where a court makes or amends a suspended sentence order in  accordance
with paragraph 1, the court must provide the relevant documents  to—
(a) the local authority for the area specified in the order, and
(b) the sheriff court having jurisdiction in the locality in whi ch the
offender resides or proposes to reside;
and paragraphs (b) to (d) of subsection (1) of section 219 (pro vision of copies
of relevant orders) do not apply in relation to an order so mad e or amended.
(2) In this paragraph, “the relevant documents” means—
(a) a copy of the order as made or amended, and
(b) such other documents and information relating to the case as  the
court making or amending the order considers likely to be ofassistance.
4 (1) In relation to the making or amendment of a suspended sente nce order in
accordance with paragraph 1, and (except for the purposes of pa ragraph 20)
in relation to an order so made or amended, Chapter 4 of Part 1 2 of this Act
has effect subject to the following modifications.
(2) Any reference to the responsible officer has effect as a ref erence to the officer
appointed or assigned under paragraph 2(b).
(3) The following provisions are omitted—
(a) subsection (7) of section 201 (activity requirement),
(b) subsection (7) of section 202 (programme requirement),
(c) subsection (4) of section 206 (residence requirement),Criminal Justice Act 2003 (c. 44)
Schedule 13 — Transfer of suspended sentence orders to Scotland  or Northern Ireland
Part 1 — Scotland296
(d) subsection (4) of section 218 (availability of arrangements in local
area).
(4) In section 207 (mental health treatment requirement), for su bsection (2)(a)
there is substituted—
“(a) treatment as a resident patient in a hospital within the
meaning of the Mental Health (Care and Treatment)(Scotland) Act 2003, not being a state hospital within themeaning of that Act;”.
(5) In section 215 (electronic monitoring requirement), in subse ction (3), the
words from “and” onwards are omitted.
5 In this Part of this Schedule “local authority” means a counci l constituted
under section 2 of the Local Government etc. (Scotland) Act 199 4 (c. 39); and
any reference to the area of such an authority is a reference t o the local
government area within the meaning of that Act.
P
ART 2
NORTHERN  IRELAND
6 (1) Where the court considering the making of a suspended sente nce order is
satisfied that the offender resides in Northern Ireland, or wil l reside there
when the order comes into force, the court may not make a suspe nded
sentence order in respect of the offender unless it appears to the court—
(a) in the case of an order imposing a requirement mentioned in sub-
paragraph (2), that arrangements exist for persons to comply wi th
such a requirement in the petty sessions district in Northern I reland
in which the offender resides, or will be residing when the ord er
comes into force, and that provision can be made for him to com ply
with the requirement under those arrangements, and
(b) in any case, that suitable arrangements for his supervision can be
made by the Probation Board for Northern Ireland.
(2) The requirements referred to in sub-paragraph (1)(a) are—
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement,
(d) a mental health treatment requirement,
(e) a drug rehabilitation requirement,
(f) an alcohol treatment requirement, 
(g) an attendance centre requirement, and
(h) an electronic monitoring requirement.
(3) Where— 
(a) the appropriate court for the purposes of paragraph 14 of Sc hedule
12 (amendment by reason of change of residence) is satisfied th at an
offender in respect of whom a suspended sentence order is in fo rce
proposes to reside or is residing in Northern Ireland, and
(b) it appears to the court that the conditions in sub-paragraph s (1)(a)
and (b) are satisfied,
the power of the court to amend the order under Part 3 of Sched ule 12
includes power to amend it by requiring it to be complied with in NorthernCriminal Justice Act 2003 (c. 44)
Schedule 13 — Transfer of suspended sentence orders to Scotland  or Northern Ireland
Part 2 — Northern Ireland297
Ireland and the offender to be supervised in accordance with th e
arrangements referred to in sub-paragraph (1)(b).
(4) For the purposes of sub-paragraph (3), any reference in sub- paragraph (1)(a)
and (b) to the time when the order comes into force is to be tr eated as a
reference to the time when the amendment comes into force.
(5) The court may not provide for an order made in accordance wi th this
paragraph to be subject to review under section 191 or 210; and  where an
order which is subject to review under either of those sections  is amended in
accordance with this paragraph, the order shall cease to be so subject.
7 A suspended sentence order made or amended in accordance with
paragraph 6 must—
(a) specify the petty sessions district in Northern Ireland in w hich the
offender resides or will be residing when the order or amendmen t
comes into force, and
(b) require the Probation Board for Northern Ireland to appoint or
assign a probation officer who will be responsible for discharg ing in
relation to him the functions conferred on responsible officers  b y
Part 12 of this Act;
and section 216 (petty sessions area to be specified) does not apply in
relation to an order so made or amended.
8 (1) Where a court makes or amends a suspended sentence order in  accordance
with paragraph 6, the court must provide the relevant documents  to—
(a) the Probation Board for Northern Ireland, and
(b) the court of summary jurisdiction acting for the petty sessi ons
district in which the offender resides or proposes to reside;
and paragraphs (b) to (d) of subsection (1) of section 219 (pro vision of copies
of relevant orders) do not apply in relation to an order so mad e or amended.
(2) In this paragraph, “the relevant documents” means—
(a) a copy of the order as made or amended, and
(b) such other documents and information relating to the case as  the
court making or amending the order considers likely to be ofassistance.
9 (1) In relation to the making or amendment of a suspended sente nce order in
accordance with paragraph 6, and (except for the purposes of pa ragraph 20)
in relation to an order so made or amended, Chapter 4 of Part 1 2 of this Act
has effect subject to the following modifications.
(2) Any reference to the responsible officer has effect as a ref erence to the
probation officer appointed or assigned under paragraph 7(b).
(3) The following provisions are omitted—
(a) subsection (7) of section 201 (activity requirement),
(b) subsection (7) of section 202 (programme requirement),
(c) subsection (4) of section 206 (residence requirement),
(d) subsection (4) of section 218 (availability of arrangements in local
area).
(4) In section 207 (mental health treatment requirement), for su bsection (2)(a)
there is substituted—
“(a) treatment (whether as an in-patient or an out-patient) at s uch
hospital as may be specified in the order, being a hospitalwithin the meaning of the Health and Personal SocialCriminal Justice Act 2003 (c. 44)
Schedule 13 — Transfer of suspended sentence orders to Scotland  or Northern Ireland
Part 2 — Northern Ireland298
Services (Northern Ireland) Order 1972, approved by the
Department of Health, Social Services and Public Safety forthe purposes of paragraph 4(3) of Schedule 1 to the CriminalJustice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”.
(5) In section 214 (attendance centre requirement), any referenc e to an
attendance centre has effect as a reference to a day centre, as  defined by
paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland)
Order 1996 (S.I. 1996/3160 (N.I. 24).
(6) In section 215 (electronic monitoring requirement), in subse ction (3), the
words from “and” onwards are omitted.
P
ART 3
GENERAL  PROVISIONS : BREACH  OR AMENDMENT
10 This Part of this Schedule applies at any time while a suspen ded sentence
order made or amended in accordance with paragraph 1 or 6 is in  force in
respect of an offender.
11 In this Part of this Schedule—
“home court” means—
(a) if the offender resides in Scotland, or will be residing the re at
the relevant time, the sheriff court having jurisdiction in thelocality in which the offender resides or proposes to reside,and
(b) if he resides in Northern Ireland, or will be residing there  at
the relevant time, the court of summary jurisdiction acting forthe petty sessions district in which he resides or proposes toreside;
“local authority” and “local authority area” are to be read in accordance
with paragraph 5;
“original court” means the court in England and Wales which mad e or
last amended the order;
“the relevant officer” means—
(a) where the order specifies a local authority area in Scotland ,
the local authority officer appointed or assigned underparagraph 2(b), and
(b) where the court specifies a petty sessions district in North ern
Ireland, the probation officer appointed or assigned underparagraph 7(b);
“the relevant time” means the time when the order or the amendm ent
to it comes into force.
12 (1) Where this Part of this Schedule applies, Schedule 12 has effect subject to the
following modifications.
(2) Any reference to the responsible officer has effect as a ref erence to the
relevant officer.
(3) Any reference to a magistrates’ court acting for the petty s essions area
concerned has effect as a reference to a magistrates’ court act ing for the same
petty sessions area as the original court; and any reference to  a justice of the
peace acting for the petty sessions area concerned has effect a s a reference to
a justice of the peace acting for the same petty sessions area as that court.Criminal Justice Act 2003 (c. 44)
Schedule 13 — Transfer of suspended sentence orders to Scotland  or Northern Ireland
Part 3 — General provisions: breach or amendment299
(4) Any reference to the appropriate court has effect as a refer ence to the
original court.
(5) In paragraphs 4 and 5, any reference to causing an informati on to be laid
before a justice of the peace has effect—
(a) if the home court is in Scotland, as a reference to providin g
information to the home court with a view to it issuing a citat ion, and
(b) if the home court is in Northern Ireland, as a reference to making a
complaint to a justice of the peace in Northern Ireland.
(6) In paragraph 14—
(a) if the home court is in Scotland—
(i) any reference to the petty sessions area concerned has effec t
as a reference to the local authority area specified in theorder, and
(ii) any other reference to a petty sessions area has effect as a
reference to a local authority area, and
(b) if the home court is in Northern Ireland—
(i) any reference to the petty sessions area concerned has effec t
as a reference to the petty sessions district specified in theorder, and
(ii) any other reference to a petty sessions area has effect as a
reference to a petty sessions district.
(7) Paragraph 22 is omitted.(8) No court in England and Wales may—
(a) exercise any power in relation to any failure by the offende r to
comply with any community requirement of the order unless theoffender has been required in accordance with paragraph 14(1)(b ) or
(2)(a) of this Schedule to appear before that court;
(b) exercise any power under Part 3 of Schedule 12 unless the of fender
has been required in accordance with paragraph 15(2) or 16 of t his
Schedule to appear before that court.
13 (1) Sub-paragraph (2) applies where it appears to the home cou rt—
(a) if that court is in Scotland, on information from the releva nt officer,
or
(b) if that court is in Northern Ireland, upon a complaint being  made by
the relevant officer,
that the offender has failed without reasonable excuse to compl y with any of
the community requirements of the suspended sentence order.
(2) The home court may—
(a) if it is in Scotland—
(i) issue a citation requiring the offender to appear before it at
the time specified in the citation, or
(ii) issue a warrant for the offender’s arrest;
(b) if it is in Northern Ireland—
(i) issue a summons requiring the offender to appear before it a t
the time specified in the summons, or
(ii) issue a warrant for the offender’s arrest.
14 (1) The court before which an offender appears or is brought b y virtue of
paragraph 13 must—Criminal Justice Act 2003 (c. 44)
Schedule 13 — Transfer of suspended sentence orders to Scotland  or Northern Ireland
Part 3 — General provisions: breach or amendment300
(a) determine whether the offender has failed without reasonable
excuse to comply with any of the community requirements of thesuspended sentence order, or
(b) require the offender to appear before the original court.
(2) If the home court determines that the offender has failed wi thout reasonable
excuse to comply with any of the community requirements of the order—
(a) the home court must require the offender to appear before th e
original court, and
(b) when the offender appears before the original court, paragra ph 8 of
Schedule 12 applies as if it had already been proved to thesatisfaction of the original court that the offender failed wit hout
reasonable excuse to comply with such of the communityrequirements of the order as may have been determined.
(3) An offender who is required by any of the following communit y
requirements of a suspended sentence order—
(a) a mental health treatment requirement,
(b) a drug rehabilitation requirement, or
(c) an alcohol treatment requirement,
to submit to treatment for his mental condition, or his depende ncy on or
propensity to misuse drugs or alcohol, is not to be treated for  the purposes
of sub-paragraph (2) as having failed to comply with that requi rement on the
ground only that he had refused to undergo any surgical, electr ical or other
treatment if, in the opinion of the court, his refusal was reas onable having
regard to all the circumstances.
(4) The evidence of one witness shall, for the purposes of sub-p aragraph (2), be
sufficient.
(5) Where the home court is in Scotland and the order contains a n electronic
monitoring requirement, section 245H of the Criminal Procedure (Scotland)
Act 1995 (c. 46) (documentary evidence) applies to proceedings u nder this
paragraph as it applies to proceedings under section 245F of th at Act (breach
of restriction of liberty order).
( 6 ) W h e r e  a n  o f f e n d e r  i s  r e q u i r e d  b y  v i r t u e  o f  s u b - p a r a g r a p h  ( 2 )  to appear
before the original court—
(a) the home court must send to the original court a certificate  certifying
that the offender has failed without reasonable excuse to compl y
with the requirements of the order in the respect specified, an d
(b) such a certificate signed by the clerk of the home court is admissible
before the original court as conclusive evidence of the mattersspecified in it.
15 (1) The home court may exercise any power under Part 3 of Sche dule 12
(amendment of suspended sentence order) as if it were the origi nal court,
except that the home court may not exercise the power conferred  b y
paragraph 15(4) of that Schedule.
(2) Where paragraph 15(4) of Schedule 12 applies the home court must require
the offender to appear before the original court.
(3) Subject to sub-paragraph (4), where the home court proposes to exercise the
power conferred by paragraph 15(1) of Schedule 12, otherwise th an on the
application of the offender, the court—
(a) if it is in Scotland—Criminal Justice Act 2003 (c. 44)
Schedule 13 — Transfer of suspended sentence orders to Scotland  or Northern Ireland
Part 3 — General provisions: breach or amendment301
(i) must issue a citation requiring the offender to appear befor e
it, and
(ii) if he does not appear in answer to the citation, may issue a
warrant for the offender’s arrest;
(b) if it is in Northern Ireland—
(i) must issue a summons requiring the offender to appear
before it, and
(ii) if he does not appear in answer to the summons, may issue a
warrant for the offender’s arrest;
and paragraph 20 of Schedule 12 does not apply to the home cour t.
(4) Sub-paragraph (3) does not apply to an order cancelling any community
requirement of a suspended sentence order.
(5) Where the home court is considering amending a suspended sen tence order,
any reference in Chapter 4 of Part 12 of this Act to a local pr obation board
has effect as a reference to a local authority in Scotland or, as the case may
be, the Probation Board for Northern Ireland.
16 Where by virtue of paragraph 15 any application is made to th e home court
under Part 3 of Schedule 12, the home court may (instead of dea ling with the
application) require the offender to appear before the original  court.
17 No court may amend or further amend a suspended sentence orde r unless
it appears to the court that the conditions in paragraph 1(1)(a ) and (b) or, as
the case may be, paragraph 6(1)(a) and (b) are satisfied in rel ation to any
requirement to be imposed; but this paragraph does not apply to  any
amendment by virtue of paragraph 20(2).
18 The preceding paragraphs of this Schedule have effect in rela tion to any
amendment of a suspended order by any court as they have effect  in relation
to the amendment of such an order by virtue of paragraph 1(3) o r 6(3).
19 On the making of an order amending a suspended sentence order —
(a) the court must provide copies of the amending order to the o ffender
and the relevant officer, and
(b) in the case of an amending order which substitutes a new loc al
authority area or petty sessions district, paragraphs 2 and 3 o r, as the
case may be, 7 and 8 have effect in relation to the order as th ey have
effect in relation to an order made or amended in accordance wi th
paragraph 1 or 6.
20 (1) This paragraph applies where the home court is satisfied t hat the offender is
residing or proposes to reside in England and Wales.
(2) Subject to sub-paragraphs (3) and (4), the home court may, a nd on the
application of the relevant officer must, amend the suspended s entence
order by requiring it to be complied with in England and Wales.
(3) The court may not amend under this paragraph a suspended sen tence order
which contains requirements which, in the opinion of the court,  cannot be
complied with in the petty sessions area in which the offender is residing or
proposes to reside unless, in accordance with paragraph 15 of S chedule 12 it
either—
(a) cancels those requirements, or
(b) substitutes for those requirements other requirements which can be
complied with if the offender resides in that area.Criminal Justice Act 2003 (c. 44)
Schedule 13 — Transfer of suspended sentence orders to Scotland  or Northern Ireland
Part 3 — General provisions: breach or amendment302
(4) The court may not amend under this paragraph any suspended s entence
order imposing a programme requirement unless it appears to the  court that
the accredited programme specified in the requirement is availa ble in the
petty sessions area in England and Wales in which the offender is residing
or proposes to reside.
(5) The suspended sentence order as amended must specify the pet ty sessions
area in which the offender resides or proposes to reside.
(6) On the making under this paragraph of an order amending a su spended
sentence order, the home court must—
(a) provide copies of the amending order to the offender, the re levant
officer and the local probation board acting for the new pettysessions area, and
(b) provide the magistrates’ court acting for that area with a c opy of the
amending order and such other documents and information relatin g
to the case as the home court considers likely to be of assista nce to a
court acting for that area in the exercise of its functions in relation to
the order.
(7) Where an order has been amended under this paragraph, the pr eceding
paragraphs of this Schedule shall cease to apply to the order a s amended.
P
ART 4
SUPPLEMENTARY
21Subsections (1 ) and (3) of section 245C of the Criminal Proce dure (Scotland)
Act 1995 (c. 46) (provision of remote monitoring) have effect as  if they
included a reference to the electronic monitoring of the commun ity
requirements of a suspended sentence order made or amended inaccordance with paragraph 1 of this Schedule.
22 (1) Section 4 of the Summary Jurisdiction (Process) Act 1881 ( c. 24) (which
provides, among other things, for service in England and Wales of Scottish
citations or warrants) applies to any citation or warrant issue d under
paragraph 13(2)(a) or 15(3)(a) as it applies to a citation or w arrant granted
under section 134 of the Criminal Procedure (Scotland) Act 1995 .
(2) A summons issued by a court in Northern Ireland under paragr aph 13(2)(b)
or 15(3)(b) may, in such circumstances as may be prescribed by rules of
court, be served in England and Wales or Scotland.
SCHEDULE 14
Section 219
PERSONS  TO WHOM  COPIES  OF REQUIREMENTS  TO BE PROVIDED  IN PARTICULAR  CASES
Requirement Person to whom copy of requirement is to be 
given
An activity requirement. The person specified under section
201(1)(a).Criminal Justice Act 2003 (c. 44)
Schedule 15 — Specified offences for purposes of Chapter 5 of P art 12
Part 1 — Specified violent offences303
SCHEDULE 15 Section 224
SPECIFIED  OFFENCES  FOR PURPOSES  OF CHAPTER  5 OF PART 12
PART 1
SPECIFIED  VIOLENT  OFFENCES
1Manslaughter.
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).An exclusion requirement imposed for
the purpose (or partly for the purpose)of protecting a person from beingapproached by the offender.The person intended to be protected.
A residence requirement relating to
residence in an institution.The person in charge of the institution.
A mental health treatment requirement. The person specified unde r section
207(2)(c) or the person in charge of theinstitution or place specified undersection 207(2)(a) or (b).
A drug rehabilitation requirement. The person in charge of the i nstitution
or place specified under section209(4)(a) or (b).
An alcohol treatment requirement. The person specified under sec tion
212(5)(c) or the person in charge of theinstitution or place specified undersection 212(5)(a) or (b).
An attendance centre requirement. The officer in charge of the a ttendance
centre specified in the requirement.
An electronic monitoring requirement. Any person who by virtue o f section
215(3) will be responsible for theelectronic monitoring.
Any person by virtue of whose consent
the requirement is included in theorder.Requirement Person to whom copy of requirement is to be 
givenCriminal Justice Act 2003 (c. 44)
Schedule 15 — Specified offences for purposes of Chapter 5 of P art 12
Part 1 — Specified violent offences304
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 indictab le 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 administ ering 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 injur y 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 w ith 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 safe ty 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 p reserving 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).
21An offence under section 2 of the Explosive Substances Act 1 8 83 (c. 3)
(causing explosion likely to endanger life or property).
22 An offence under section 3 of that Act (attempt to cause expl osion, or
making or keeping explosive with intent to endanger life or pro perty).
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 firea rm 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 fir earm at time of
committing or being arrested for offence specified in Schedule 1 to that Act).Criminal Justice Act 2003 (c. 44)
Schedule 15 — Specified offences for purposes of Chapter 5 of P art 12
Part 1 — Specified violent offences305
30 An offence under section 18 of that Act (carrying a firearm w ith criminal
intent).
31An offence under section 8 of the Theft Act 1 968 (c. 60) (robb ery or assault
with intent to rob).
32 An offence under section 9 of that Act of burglary with inten t 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 Ac t 1971 (c. 48).
36 An offence under section 1(2) of that Act (destroying or dama ging property)
other than an offence of arson.
37 An offence under section 1 of the Taking of Hostages Act 1982  ( c .2 8 )
(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 endangerin g or likely to
endanger safety of aircraft).
41An 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 Circu mcision 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 .3 3 )
(torture).
48 An offence under section 1 of the Road Traffic Act 1988 (c. 52 ) (causing death
by dangerous driving).
49 An offence under section 3A of that Act (causing death by car eless driving
when under influence of drink or drugs).
50 An offence under section 1 of the Aviation and Maritime Secur ity Act 1990
(c. 31) (endangering safety at aerodromes).
51An offence under section 9 of that Act (hijacking of ships).Criminal Justice Act 2003 (c. 44)
Schedule 15 — Specified offences for purposes of Chapter 5 of P art 12
Part 1 — Specified violent offences306
52 An offence under section 10 of that Act (seizing or exercisin g control of fixed
platforms).
53 An offence under section 11 of that Act (destroying fixed pla tforms or
endangering their safety).
54 An offence under section 12 of that Act (other acts endangeri ng or likely to
endanger safe navigation).
55 An offence under section 13 of that Act (offences involving t hreats).
56 An offence under Part II of the Channel Tunnel (Security) Ord er 1994 (S.I.
1994/570) (offences relating to Channel Tunnel trains and the t unnel
system).
57 An offence under section 4 of the Protection from Harassment Act 1997
(c. 40) (putting people in fear of violence).
58 An offence under section 29 of the Crime and Disorder Act 199 8 (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 Pu blic Order
Act 1986 (c. 64)).
60 An offence under section 51 or 52 of the International Crimin al Court Act
2001 (c. 17) (genocide, crimes against humanity, war crimes and related
offences), other than one involving murder.
61An offence under section 1  of the Female Genital Mutilation A ct 2003 (c. 31)
(female genital mutilation).
62 An offence under section 2 of that Act (assisting a girl to m utilate her own
genitalia).
63 An offence under section 3 of that Act (assisting a non-UK pe rson to mutilate
overseas a girl’s genitalia).
64 An offence of—
(a) aiding, abetting, counselling, procuring or inciting the com mission
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.
65 An attempt to commit murder or a conspiracy to commit murder.
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 t o obtain or
facilitate intercourse).Criminal Justice Act 2003 (c. 44)
Schedule 15 — Specified offences for purposes of Chapter 5 of P art 12
Part 2 — Specified sexual offences307
70 An offence under section 5 of that Act (intercourse with girl  under thirteen).
71An offence under section 6 of that Act (intercourse with girl  under 16).
72 An offence under section 7 of that Act (intercourse with a de fective).
73 An offence under section 9 of that Act (procurement of a defe ctive).
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 b y force or for
the sake of her property).
80 An offence under section 19 of that Act (abduction of unmarri ed girl under
eighteen from parent or guardian).
81An offence under section 20 of that Act (abduction of unmarri ed girl under
sixteen from parent or guardian).
82 An offence under section 21 of that Act (abduction of defecti ve 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 i n brothel).
86 An offence under section 25 of that Act (permitting girl unde r thirteen to use
premises for intercourse).
87 An offence under section 26 of that Act (permitting girl unde r 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 encouragi ng the
prostitution of, intercourse with or indecent assault on girl u nder sixteen).
90 An offence under section 29 of that Act (causing or encouragi ng prostitution
of defective).
91An offence under section 32 of that Act (soliciting by men).
92 An offence under section 33 of that Act (keeping a brothel).
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).Criminal Justice Act 2003 (c. 44)
Schedule 15 — Specified offences for purposes of Chapter 5 of P art 12
Part 2 — Specified sexual offences308
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  m a l e
prostitution).
97 An offence under section 9 of the Theft Act 1968 (c. 60) of bu rglary with
intent to commit rape.
98 An offence under section 54 of the Criminal Law Act 1977 (c. 4 5) (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 Manag ement Act
1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in rel ation to goods
prohibited to be imported under section 42 of the Customs Conso lidation
Act 1876 (c. 36) (indecent or obscene articles).
101 An offence under section 160 of the Criminal Justice Act 198 8 (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 penetrati on).
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 unde r 13).
107 An offence under section 6 of that Act (assault of a child u nder 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 facili tating commission
of a child sex offence).
116 An offence under section 15 of that Act (meeting a child fol lowing sexual
grooming etc.).Criminal Justice Act 2003 (c. 44)
Schedule 15 — Specified offences for purposes of Chapter 5 of P art 12
Part 2 — Specified sexual offences309
117 An offence under section 16 of that Act (abuse of position o f trust: sexual
activity with a child).
118 An offence under section 17 of that Act (abuse of position o f trust: causing or
inciting a child to engage in sexual activity).
119 An offence under section 18 of that Act (abuse of position o f trust: sexual
activity in the presence of a child).
120 An offence under section 19 of that Act (abuse of position o f trust: causing a
child to watch a sexual act).
121 An offence under section 25 of that Act (sexual activity wit h a child family
member).
122 An offence under section 26 of that Act (inciting a child fa mily member to
engage in sexual activity).
123 An offence under section 30 of that Act (sexual activity wit h 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 wi t h a  m e nt a l
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 wi t h a  m e nt a l
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 per son with a
mental disorder).
130 An offence under section 37 of that Act (causing a person wi t h a  m e nt a l
disorder to watch a sexual act by inducement, threat or decepti on).
131 An offence under section 38 of that Act (care workers: sexua l activity with a
person with a mental disorder).
132 An offence under section 39 of that Act (care workers: causi ng or inciting
sexual activity).
133 An offence under section 40 of that Act (care workers: sexua l activity in the
presence of a person with a mental disorder).
134 An offence under section 41 of that Act (care workers: causi ng a person with
a mental disorder to watch a sexual act).
135 An offence under section 47 of that Act (paying for sexual s ervices of a child).
136 An offence under section 48 of that Act (causing or inciting  child prostitution
or pornography).Criminal Justice Act 2003 (c. 44)
Schedule 15 — Specified offences for purposes of Chapter 5 of P art 12
Part 2 — Specified sexual offences310
137 An offence under section 49 of that Act (controlling a child  prostitute or a
child involved in pornography).
138 An offence under section 50 of that Act (arranging or facili tating child
prostitution or pornography).
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 prostit ution for gain).
141 An offence under section 57 of that Act (trafficking into th e 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).
144 An offence under section 61 of that Act (administering a sub stance with
intent).
145 An offence under section 62 of that Act (committing an offen ce with intent
to commit a sexual offence).
146 An offence under section 63 of that Act (trespass with inten t to commit a
sexual offence).
147 An offence under section 64 of that Act (sex with an adult r elative:
penetration).
148 An offence under section 65 of that Act (sex with an adult r elative:
consenting to penetration).
149 An offence under section 66 of that Act (exposure).
150 An offence under section 67 of that Act (voyeurism).
151 An offence under section 69 of that Act (intercourse with an  animal).
152 An offence under section 70 of that Act (sexual penetration of a corpse).
153 An offence of—
(a) aiding, abetting, counselling, procuring or inciting the com mission
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 16 Section 229
SCOTTISH  OFFENCES  SPECIFIED  FOR THE PURPOSES  OF SECTION  229(4)
1Rape.
2 Clandestine injury to women.
3 Abduction of woman or girl with intent to rape or ravish.Criminal Justice Act 2003 (c. 44)
Schedule 16 — Scottish offences specified for the purposes of s ection 229(4)311
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 Managem ent 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 p rohibited
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 indec ent 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 st epchild).
14 An offence under section 3 of that Act (intercourse with chil d 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 to wards 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 parent al
responsibilities causing or encouraging sexual activity in rela tion to a girl
under 16).
19 An offence under subsection (5) of section 13 of that Act (ho mosexual
offences).
20 An offence under section 3 of the Sexual Offences (Amendment)  Act 2000
(c. 44) (abuse of position of trust).
21An offence of—
(a) attempting, conspiring or inciting another to commit any off ence
specified in the preceding paragraphs, or
(b) aiding, abetting, counselling or procuring the commission of  a n y
offence specified in paragraphs 9 to 20.
22 Any offence (other than an offence specified in any of the pr eceding
paragraphs) inferring personal violence.Criminal Justice Act 2003 (c. 44)
Schedule 17 — Northern Ireland offences specified for the purpo ses of section 229(4)
Part 1 — Violent offences312
SCHEDULE 17 Section 229
NORTHERN  IRELAND  OFFENCES  SPECIFIED  FOR THE PURPOSES  OF SECTION  229(4)
PART 1
VIOLENT  OFFENCES
1Manslaughter.
2 Kidnapping.3R i o t .
4A f f r a y .
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 indictab le 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 administ ering 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 injur y 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 w ith 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 safe ty 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 p reserving wreck).
21An offence under section 47 of that Act of assault occasionin g actual bodily
harm.
22 An offence under section 2 of the Explosive Substances Act 18 83 (c. 3)
(causing explosion likely to endanger life or property).Criminal Justice Act 2003 (c. 44)
Schedule 17 — Northern Ireland offences specified for the purpo ses of section 229(4)
Part 1 — Violent offences313
23 An offence under section 3 of that Act (attempt to cause expl osion, or
making or keeping explosive with intent to endanger life or pro perty).
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 I reland) 1939 (c.
5) (infanticide).
26 An offence under section 7(1)(b) of the Criminal Justice (Mis cellaneous
Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with i ntent 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 inten t 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) .
31An offence of arson under Article 3 of the Criminal Damage No rthern
Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).
32 An offence under Article 3(2) of that Order (destroying or da maging
property) other than an offence of arson.
33 An offence under Article 17 of the Firearms (Northern Ireland ) Order 1981
(S.I. 1981/155 (N.I. 2)) (possession of firearm with intent to endanger life).
34 An offence under Article 17A of that Order (possession of fir earm with
intent to cause fear of violence).
35 An offence under Article 18(1) of that Order (use of firearm to resist arrest).
36 An offence under Article 18(2) of that Order (possession of f irearm at time of
committing or being arrested for an offence specified in Schedu le 1 to that
Order).
37 An offence under Article 19 of that Order (carrying a firearm  with criminal
intent).
38 An offence under section 1 of the Taking of Hostages Act 1982  ( c .2 8 )
(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).
41An offence under section 3 of that Act (other acts endangerin g or likely to
endanger safety of aircraft).
42 An offence under section 4 of that Act (offences in relation to certain
dangerous articles).Criminal Justice Act 2003 (c. 44)
Schedule 17 — Northern Ireland offences specified for the purpo ses of section 229(4)
Part 1 — Violent offences314
43 An offence under section 1 of the Prohibition of Female Circu mcision Act
1985 (c. 38) (prohibition of female circumcision).
44 An offence under Article 121 of the Mental Health (Northern I reland) 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 .3 3 )
(torture).
46 An offence under section 1 of the Aviation and Maritime Secur ity 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 exercisin g control of fixed
platforms).
49 An offence under section 11 of that Act (destroying fixed pla tforms or
endangering their safety).
50 An offence under section 12 of that Act (other acts endangeri ng or likely to
endanger safe navigation).
51An offence under section 1 3 of that Act (offences involving t hreats).
52 An offence under Part II of the Channel Tunnel (Security) Ord er 1994 (S.I.
1994/570) (offences relating to Channel Tunnel trains and the t unnel
system).
53 An offence under Article 9 of the Road Traffic (Northern Irel and) Order 1995
(S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily in jury by
dangerous driving).
54 An offence under Article 14 of that Order (causing death or g rievous 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 i n 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 Crimin al 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 A ct 2003 (c. 31)
(female genital mutilation).
59 An offence under section 2 of that Act (assisting a girl to m utilate her own
genitalia).
60 An offence under section 3 of that Act (assisting a non-UK pe rson to mutilate
overseas a girl’s genitalia).
61An offence of—
(a) aiding, abetting, counselling, procuring or inciting the com mission
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.Criminal Justice Act 2003 (c. 44)
Schedule 17 — Northern Ireland offences specified for the purpo ses of section 229(4)
Part 1 — Violent offences315
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 Perso n Act 1861
(c. 100) (indecent assault upon a female).
66 An offence under section 53 of that Act (abduction of woman e tc.).
67 An offence under section 54 of that Act (abduction of woman b y force).
68 An offence under section 55 of that Act (abduction of unmarri ed 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).
71An offence under section 4 of that Act (intercourse or attemp ted intercourse
with girl under 14).
72 An offence under section 5 of that Act (intercourse or attemp ted 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 und er 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 publ ic place).
77 An offence under section 1 of the Punishment of Incest Act 19 0 8  ( c .  4 5 )
(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 seducti on or
prostitution of girl under 17).
80 An offence under section 22 of that Act (indecent conduct tow ards child).
81An 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 (Nor thern Ireland)
Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children).Criminal Justice Act 2003 (c. 44)
Schedule 17 — Northern Ireland offences specified for the purpo ses of section 229(4)
Part 2 — Sexual offences316
83 An offence under section 170 of the Customs and Excise Manage ment Act
1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in rel ation to goods
prohibited to be imported under section 42 of the Customs Conso lidation
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 i ncestuous sexual
intercourse).
85 An offence under Article 7 of the Homosexual Offences (Northe rn Ireland)
Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to comm it
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 I reland) Order
1986 (S.I. 1986/595 (N.I. 4)) (protection of women suffering fr om severe
mental handicap).
88 An offence under Article 123 of that Order (protection of pat ients).
89 An offence under Article 15 of the Criminal Justice (Evidence , etc.)
(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (posses sion 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.).
91An offence under section 1 6 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 se rvices 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 facilit ating 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 prostit ution for gain).
101 An offence under section 57 of that Act (trafficking into th e UK for sexual
exploitation).Criminal Justice Act 2003 (c. 44)
Schedule 17 — Northern Ireland offences specified for the purpo ses of section 229(4)
Part 2 — Sexual offences317
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 (Norther n 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 com mission
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
Section 230
RELEASE  OF PRISONERS  SERVING  SENTENCES  OF IMPRISONMENT  OR DETENTION  FOR PUBLIC  
PROTECTION
Release on licence
1 (1) Section 31 of the Crime (Sentences) Act 1997 (c. 43) (durati on 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 b elow
applies,”.
(3) After that subsection there is inserted—
“(1A) Where a prisoner to whom section 31A below applies is rele ased on
licence, the licence shall remain in force until his death unle ss—
(a) it is previously revoked under section 32(1) or (2) below; o r
(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—
“31A Imprisonment or detention for public protection: terminatio n of 
licences
(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—Criminal Justice Act 2003 (c. 44)
Schedule 18 — Release of prisoners serving sentences of impriso nment or detention for public protection318
(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 Parol e 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 thedisposal 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  t h e
protection of the public that the licence should remain inforce, direct the Secretary of State to make an order that thelicence 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 JusticeAct 2003 or a sentence of detention for public protectionunder section 226 of that Act;
 “the qualifying period”, in relation to a prisoner who has bee n
released on licence, means the period of ten years beginningwith the date of his release.”
3 In section 34(2) of that Act (meaning of “life sentence”), aft er 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 In section 82A of the Sentencing Act (determination of tariffs ), after
subsection (4) there is inserted—
“(4A) No order under subsection (4) above may be made where the life
sentence is—
(a) a sentence of imprisonment for public protection under
section 225 of the Criminal Justice Act 2003, or
(b) a sentence of detention for public protection under section
226 of that Act.”Criminal Justice Act 2003 (c. 44)
Schedule 19 — The Parole Board: supplementary provisions319
SCHEDULE 19 Section 239(7)
THE PAROLE  BOARD : SUPPLEMENTARY  PROVISIONS
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 th e Board’s
property is not to be regarded as property of, or held on behal f of, the
Crown.
(2) It is within the capacity of the Board as a statutory corpor ation 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 (Senten ces) 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 fou r 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 knowled ge and
experience of the supervision or after-care of discharged priso ners;
and
(d) a person appearing to the Secretary of State to have made a study of
the causes of delinquency or the treatment of offenders.
(3) A member of the Board—
(a) 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 allo wances as
the Secretary of State may determine.
(2) The Board may pay or make provision for paying to or in resp ect of any
m e m b e r  s u c h  s u m s  b y  w a y  o f  p e n s i o n ,  a l l o w a n c e s  o r  g r a t u i t i e s  a s  t h e
Secretary of State may determine.
(3) If a person ceases to be a member otherwise than on the expi ry 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 compens ation, 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.Criminal Justice Act 2003 (c. 44)
Schedule 19 — The Parole Board: supplementary provisions320
(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 arrangemen ts 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 ge neral
direction of the Board, of any of the Board’s functions by a co mmittee 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 a ffected by any
vacancy among the members or by any defect in the appointment o f a
member.
Staff
5 (1) The Board may appoint such number of employees as it may de termine.
(2) The remuneration and other conditions of service of the pers ons appointed
under this paragraph are to be determined by the Board.
(3) Any determination under sub-paragraph (1) or (2) requires th e 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 amo ng the kinds
of employment to which a scheme under section 1 of the Superann uation
Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to tha t Act (in
which those kinds of employment are listed) at the end of the l ist of Other
Bodies there shall continue to be inserted—
“Parole Board.”.
(2) The Board shall pay to the Treasury, at such times as the Tr easury may
direct, such sums as the Treasury may determine in respect of t he increase
attributable to this paragraph in the sums payable under theSuperannuation 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 virt ue 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 payme nts under
sub-paragraph (1) are to be paid out of money provided by Parli ament.
Authentication of Board’s seal
8 The application of the seal of the Board is to be authenticate d by the
signature of the Chairman or some other person authorised for t he purpose.Criminal Justice Act 2003 (c. 44)
Schedule 19 — The Parole Board: supplementary provisions321
Presumption of authenticity of documents issued by Board
9 Any document purporting to be an instrument issued by the Boar d 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 s uch 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 th e
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 approva l of
the Treasury; and
(c) to send copies of each such statement to the Secretary of St ate and the
Comptroller and Auditor General not later than 31st August nextfollowing the end of the financial year to which the statement relates.
(2) The Comptroller and Auditor General shall examine, certify a nd report on
each statement of accounts sent to him by the Board and shall l ay a copy of
every such statement and of his report before each House of Par liament.
(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 f inancial year
make to the Secretary of State a report on the performance of i ts functions
during the year; and the Secretary of State must lay a copy of the report
before each House of Parliament.
SCHEDULE 20
Section 262
PRISONERS  LIABLE  TO REMOVAL  FROM  UNITED  KINGDOM : MODIFICATIONS  OF CRIMINAL  
JUSTICE  ACT 1991
1In this Schedule “the 1 991  Act” means the Criminal Justice Act  1991 (c. 53).
2 In section 42 of the 1991 Act (additional days for disciplinar y offences), in
subsection (2) before the word “and” at the end of paragraph (a ) there is
inserted—
“(aa) any period which he must serve before he can be removed
under section 46A below;”.
3 (1) In section 46 of the 1991 Act (persons liable to removal fr om the United
Kingdom) in subsection (3) after paragraph (d) there is inserte d “or
(e) he is liable to removal under section 10 of the Immigration
and Asylum Act 1999”.
(2) Sub-paragraph (1) does not apply to any prisoner whose sente nce relates to
an offence committed before the commencement of this Schedule.
4 After section 46 of the 1991 Act there is inserted—Criminal Justice Act 2003 (c. 44)
Schedule 20 — Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991322
“46A Early removal of persons liable to removal from United King dom
(1) Subject to subsection (2) below, where a short-term or long- term
prisoner is liable to removal from the United Kingdom, the Secr etary
of State may under this section remove him from prison at any t ime
after he has served the requisite period.
(2) Subsection (1) above does not apply where—
(a) the sentence is an extended sentence within the meaning of
section 85 of the Powers of Criminal Courts (Sentencing) Act2000,
(b) the sentence is for an offence under section 1 of the Prison ers
(Return to Custody) Act 1995,
(c) the prisoner is subject to a hospital order, hospital direct ion
or transfer direction under section 37, 45A or 47 of the MentalHealth Act 1983,
(d) the prisoner is subject to the notification requirements of Part
2 of the Sexual Offences Act 2003, or
(e) the interval between—
(i) the date on which the prisoner will have served the
requisite period for the term of the sentence, and
(ii) the date on which he will have served one-half of the
sentence,
is less than 14 days.
(3) A prisoner removed from prison under this section—
(a) is so removed only for the purpose of enabling the Secretary
of State to remove him from the United Kingdom underpowers conferred by—
(i) Schedule 2 or 3 to the Immigration Act 1971, or
(ii) section 10 of the Immigration and Asylum Act 1999,
and
(b) so long as remaining in the United Kingdom, remains liable
to be detained in pursuance of his sentence until he falls to b e
released under section 33 or 35 above.
(4) So long as a prisoner removed from prison under this section
remains in the United Kingdom but has not been returned to pris on,
any duty or power of the Secretary of State under section 33, 3 5 or 36
is exercisable in relation to him as if he were in prison.
(5) In this section “the requisite period” means—
(a) for a term of three months or more but less than four months ,
a period of 30 days;
(b) for a term of four months or more but less than 18 months, a
period equal to one-quarter of the term;
(c) for a term of 18 months or more, a period that is 135 days l ess
than one-half of the term.
(6) The Secretary of State may by order made by statutory instru ment—
(a) amend the definition of “the requisite period” in subsection
(5) above,
(b) make such transitional provision as appears to him necessary
or expedient in connection with the amendment.Criminal Justice Act 2003 (c. 44)
Schedule 20 — Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991323
(7) No order shall be made under subsection (6) above unless a d raft of
the order has been laid before and approved by a resolution of each
House of Parliament.
(8) In relation to any time before the commencement of sections 80 and
81 of the Sexual Offences Act 2003, the reference in subsection  (2)(d)
above to Part 2 of that Act is to be read as a reference to Par t 1 of the
Sex Offenders Act 1997.
46B Re-entry into United Kingdom of offender removed early from prison
(1) This section applies in relation to a person who, after bein g removed
from prison under section 46A above, has been removed from theUnited Kingdom before he has served one-half of his sentence.
(2) If a person to whom this section applies enters the United K ingdom
at any time before his sentence expiry date, he is liable to be  detained
in pursuance of his sentence from the time of his entry into th e
United Kingdom until whichever is the earlier of the following—
(a) the end of a period (“the further custodial period”) beginni ng
with that time and equal in length to the outstandingcustodial period, and
(b) his sentence expiry date.
(3) A person who is liable to be detained by virtue of subsectio n (2)
above is, if at large, to be taken for the purposes of section 49 of the
Prison Act 1952 (persons unlawfully at large) to be unlawfully at
large.
(4) Subsection (2) above does not prevent the further removal fr om the
United Kingdom of a person falling within that subsection.
(5) Where, in the case of a person returned to prison by virtue of
subsection (2) above, the further custodial period ends before the
sentence expiry date, subsections (1) and (2) of section 33 abo ve
apply in relation to him as if any reference to one-half or two -thirds
of the prisoner’s sentence were a reference to the further cust odial
period.
(6) If a person returned to prison by virtue of subsection (2) a bove falls
by virtue of subsection (5) above to be released on licence und er
section 33(1) or (2) above after the date on which (but for his  removal
from the United Kingdom) he would have served three-quarters ofhis sentence, section 37(1) above has effect in relation to him  as if for
the reference to three-quarters of his sentence there were subs tituted
a reference to the whole of his sentence.
(7) If a person who is released on licence under section 33(1) o r (2) above
at the end of the further custodial period is recalled to priso n under
section 39(1) or (2) above, section 33A(3) above shall not appl y, but it
shall be the duty of the Secretary of State—
(a) if the person is recalled before the date on which (but for his
removal from the United Kingdom) he would have servedthree-quarters of his sentence, to release him on licence onthat date, and
(b) if he is recalled after that date, to release him on the sen tence
expiry date.Criminal Justice Act 2003 (c. 44)
Schedule 20 — Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991324
(8) A licence granted by virtue of subsection (7)(a) above shall  remain in
force until the sentence expiry date.
(9) In this section—
“further custodial period” has the meaning given by subsection
(2)(a) above;
“outstanding custodial period”, in relation to a person to whom
this section applies, means the period beginning with thedate on which he was removed from the United Kingdomand ending with the date on which (but for his removal) hewould have served one-half of his sentence;
“sentence expiry date”, in relation to a person to whom this
section applies, means the date on which (but for his removalfrom the United Kingdom) he would have served the wholeof this sentence.”
SCHEDULE 21
Section 269(5)
DETERMINATION  OF MINIMUM  TERM  IN RELATION  TO MANDATORY  LIFE SENTENCE
Interpretation
1In this Schedule—
“child” means a person under 18 years;
“mandatory life sentence” means a life sentence passed in
circumstances where the sentence is fixed by law;
“minimum term”, in relation to a mandatory life sentence, means  the
part of the sentence to be specified in an order under section 269(2);
“whole life order” means an order under subsection (4) of secti on 269.
2 Section 28 of the Crime and Disorder Act 1998 (c. 37) (meaning of “racially
or religiously aggravated”) applies for the purposes of this Sc hedule as it
applies for the purposes of sections 29 to 32 of that Act.
3 For the purposes of this Schedule an offence is aggravated by sexual
orientation if it is committed in circumstances falling within subsection
(2)(a)(i) or (b)(i) of section 146.
Starting points
4( 1) I f —
(a) the court considers that the seriousness of the offence (or the
combination of the offence and one or more offences associated with
it) is exceptionally high, and
(b) the offender was aged 21 or over when he committed the offen ce,
the appropriate starting point is a whole life order.
(2) Cases that would normally fall within sub-paragraph (1)(a) i nclude—
(a) the murder of two or more persons, where each murder involve s any
of the following—
(i) a substantial degree of premeditation or planning,
(ii) the abduction of the victim, orCriminal Justice Act 2003 (c. 44)
Schedule 21 — Determination of minimum term in relation to mand atory life sentence325
(iii) sexual or sadistic conduct,
(b) the murder of a child if involving the abduction of the chil d or sexual
or sadistic motivation,
(c) a murder done for the purpose of advancing a political, reli gious or
ideological cause, or
(d) a murder by an offender previously convicted of murder.
5( 1) I f —
(a) the case does not fall within paragraph 4(1) but the court c onsiders
that the seriousness of the offence (or the combination of the offence
and one or more offences associated with it) is particularly hi gh, and
(b) the offender was aged 18 or over when he committed the offen ce,
the appropriate starting point, in determining the minimum term , is 30
years.
(2) Cases that (if not falling within paragraph 4(1)) would norm ally fall within
sub-paragraph (1)(a) include— 
(a) the murder of a police officer or prison officer in the cour se of his
duty,
(b) a murder involving the use of a firearm or explosive,
(c) a murder done for gain (such as a murder done in the course or
furtherance of robbery or burglary, done for payment or done in  the
expectation of gain as a result of the death),
(d) a murder intended to obstruct or interfere with the course o f justice,
(e) a murder involving sexual or sadistic conduct,
(f) the murder of two or more persons,
(g) a murder that is racially or religiously aggravated or aggra vated by
sexual orientation, or
(h) a murder falling within paragraph 4(2) committed by an offen der
who was aged under 21 when he committed the offence.
6 If the offender was aged 18 or over when he committed the offe nce and the
case does not fall within paragraph 4(1) or 5(1), the appropria te starting
point, in determining the minimum term, is 15 years.
7 If the offender was aged under 18 when he committed the offenc e, the
appropriate starting point, in determining the minimum term, is  12 years.
Aggravating and mitigating factors
8 Having chosen a starting point, the court should take into acc ount any
aggravating or mitigating factors, to the extent that it has no t allowed for
them in its choice of starting point.
9 Detailed consideration of aggravating or mitigating factors ma y result in a
minimum term of any length (whatever the starting point), or in  the making
of a whole life order.
10 Aggravating factors (additional to those mentioned in paragra ph 4(2) and
5(2)) that may be relevant to the offence of murder include—
(a) a significant degree of planning or premeditation,
(b) the fact that the victim was particularly vulnerable because  of age or
disability,
(c) mental or physical suffering inflicted on the victim before death,
(d) the abuse of a position of trust,Criminal Justice Act 2003 (c. 44)
Schedule 21 — Determination of minimum term in relation to mand atory life sentence326
(e) the use of duress or threats against another person to facil itate the
commission of the offence,
(f) the fact that the victim was providing a public service or p erforming
a public duty, and
(g) concealment, destruction or dismemberment of the body.
11 Mitigating factors that may be relevant to the offence of mur der include—
(a) an intention to cause serious bodily harm rather than to kil l,
(b) lack of premeditation,
(c) the fact that the offender suffered from any mental disorder  o r
mental disability which (although not falling within section 2( 1) of
the Homicide Act 1957 (c. 11)), lowered his degree of culpabilit y,
(d) the fact that the offender was provoked (for example, by pro longed
stress) in a way not amounting to a defence of provocation,
(e) the fact that the offender acted to any extent in self-defen ce,
(f) a belief by the offender that the murder was an act of mercy , and
(g) the age of the offender.
12 Nothing in this Schedule restricts the application of—
(a) section 143(2) (previous convictions),
(b) section 143(3) (bail), or
(c) section 144 (guilty plea).
SCHEDULE 22 Section 276
MANDATORY  LIFE SENTENCES : TRANSITIONAL  CASES
Interpretation
1In this Schedule—
“the commencement date” means the day on which section 269 come s
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 mandator y life
sentences passed before the commencement date (whether or not h e
is also serving any other sentence);
“life sentence” means a sentence of imprisonment for life or cu stody for
life passed in England and Wales or by a court-martial outsideEngland 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 b een
notified in writing by the Secretary of State (otherwise than i n a notice that
is expressed to be provisional) either—
(a) of a minimum period which in the view of the Secretary of St ate
should be served before the prisoner’s release on licence, orCriminal Justice Act 2003 (c. 44)
Schedule 22 — Mandatory life sentences: transitional cases327
(b) that the Secretary of State does not intend that the prisone r 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 th e order,
which in a case falling within paragraph 2(a) must not be great er
than the notified minimum term, or
(b) in a case falling within paragraph 2(b), order that the earl y 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 priso ner in respect
of the sentence as soon as he has served the notified minimum t erm (or, if he
has served that term before the commencement date but has not b een
released, from the commencement date).
(4) In this paragraph “the notified minimum term” means the mini mum 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 hav e
been treated by section 67 of the Criminal Justice Act 1967 (c. 80) as
being reduced by a particular period, the effect which that sec tion
would have had if he had been sentenced to a term of imprisonme nt,
and
(c) the length of the notified minimum term or, where a notifica tion
falling within paragraph 2(b) has been given to the prisoner, t o the
fact that such a notification has been given.
(2) In considering under sub-paragraph (1) the seriousness of th e offence, or of
the combination of the offence and one or more offences associa ted 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 tri al judge
or the Lord Chief Justice as to the minimum term to be served b y the
offender before release on licence.
(3) In this paragraph “the notified minimum term” has the same m eaning 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 da te been
notified as mentioned in paragraph 2(a) or (b) by the Secretary  of State.Criminal Justice Act 2003 (c. 44)
Schedule 22 — Mandatory life sentences: transitional cases328
6 The Secretary of State must refer the prisoner’s case to the H igh 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 offen ces
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 mention ed in
subsection (5) of that section but also to any recommendation m ade 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 lic ence.
8 In dealing with a reference under paragraph 6, the High Court—
(a) may not make an order under subsection (2) of section 269 sp ecifying
a part of the sentence which in the opinion of the court is gre ater than
that which, under the practice followed by the Secretary of Sta te
before December 2002, the Secretary of State would have been li kely
to notify as mentioned in paragraph 2(a), and
(b) may not make an order under subsection (4) of section 269 un less the
court is of the opinion that, under the practice followed by th e
Secretary of State before December 2002, the Secretary of State  would
have been likely to give the prisoner a notification falling wi thin
paragraph 2(b).
Sentences passed on or after commencement date in respect of of fences committed before that 
date
9 Paragraph 10 applies where— 
(a) on or after the commencement date a court passes a life sent ence in
circumstances where the sentence is fixed by law, and
(b) the offence to which the sentence relates was committed befo re the
commencement date.
10 The court—
(a) may not make an order under subsection (2) of section 269 sp ecifying
a part of the sentence which in the opinion of the court is gre ater than
that which, under the practice followed by the Secretary of Sta te
before December 2002, the Secretary of State would have been li kely
to notify as mentioned in paragraph 2(a), and
(b) may not make an order under subsection (4) of section 269 un less the
court is of the opinion that, under the practice followed by th e
Secretary of State before December 2002, the Secretary of State  would
have been likely to give the prisoner a notification falling wi thin
paragraph 2(b).
Proceedings in High Court
11 (1) An application under paragraph 3 or a reference under para graph 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 referen ce to “the court” in
section 269(2) to (5) and Schedule 21 is to be read as a refere nce to the High
Court.Criminal Justice Act 2003 (c. 44)
Schedule 22 — Mandatory life sentences: transitional cases329
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) specifyi ng 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 m inimum 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 l eave of
the Court of Appeal appeal to the Court of Appeal against the d ecision of the
High Court on the application or reference.
(2) Section 1(1) of the Administration of Justice Act 1960 (c. 65 ) (appeal to House
of Lords from decision of High Court in a criminal cause or mat ter) and
section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusio n of appeal
from High Court to Court of Appeal in a criminal cause or matte r) do not
apply in relation to a decision to which sub-paragraph (1) appl ies.
(3) The jurisdiction conferred on the Court of Appeal by this pa ragraph is to be
exercised by the criminal division of that court.
(4) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limita tion on appeal
from criminal division of Court of Appeal) does not prevent an appeal to the
House of Lords under this paragraph.
(5) In relation to appeals to the Court of Appeal or the House o f Lords under
this paragraph, the Secretary of State may make an order contai ning
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 appl ies 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 Cri me (Sentences) Act
1997 (c. 43) has effect subject to the following modifications.
(2) Any reference to a life prisoner in respect of whom a minimu m term order
has been made includes a reference to—
(a) an existing prisoner in respect of whom an order under parag raph
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—Criminal Justice Act 2003 (c. 44)
Schedule 22 — Mandatory life sentences: transitional cases330
(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 spe cified
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 parag raph
3(4).
(4) In subsection (1B) (life prisoner serving two or more senten ces), paragraph
(a) is to be read as if it referred to each of the sentences be ing 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) (in terpretation of
Chapter 2 of that Act), in the definition of “life prisoner”, t he reference to a
transferred prisoner as defined by section 273 of this Act incl udes a reference
to an existing prisoner who immediately before the commencement  date is
a transferred life prisoner for the purposes of section 33 of t hat Act.
Transferred life prisoners
18 In relation to an existing prisoner who immediately before th e
commencement date is a transferred life prisoner for the purpos es of section
33 of the Crime (Sentences) Act 1997, this Schedule is to be re ad 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 L ord
Chief Justice were omitted.
SCHEDULE 23 Section 278
DEFERMENT  OF SENTENCE
1For sections 1  and 2 of the Sentencing Act (deferment of sente nce) there is
substituted—
“Deferment of sentence
1 Deferment of sentence
(1) The Crown Court or a magistrates’ court may defer passing se ntence
on an offender for the purpose of enabling the court, or any ot her
court to which it falls to deal with him, to have regard in dea ling with
him to—
(a) his conduct after conviction (including, where appropriate,
the making by him of reparation for his offence); or
(b) any change in his circumstances;
but this is subject to subsections (3) and (4) below.
(2) Without prejudice to the generality of subsection (1) above,  the
matters to which the court to which it falls to deal with the o ffender
may have regard by virtue of paragraph (a) of that subsectionCriminal Justice Act 2003 (c. 44)
Schedule 23 — Deferment of sentence331
include the extent to which the offender has complied with any
requirements imposed under subsection (3)(b) below.
(3) The power conferred by subsection (1) above shall be exercis able
only if—
(a) the offender consents;
(b) the offender undertakes to comply with any requirements as
to his conduct during the period of the deferment that thecourt considers it appropriate to impose; and
(c) the court is satisfied, having regard to the nature of the
offence and the character and circumstances of the offender,that it would be in the interests of justice to exercise thepower.
(4) Any deferment under this section shall be until such date as  may be
specified by the court, not being more than six months after th e date
on which the deferment is announced by the court; and, subject to
section 1D(3) below, where the passing of sentence has been def erred
under this section it shall not be further so deferred.
(5) Where a court has under this section deferred passing senten ce on an
offender, it shall forthwith give a copy of the order deferring  the
passing of sentence and setting out any requirements imposed un der
subsection (3)(b) above—
(a) to the offender,
(b) where an officer of a local probation board has been
appointed to act as a supervisor in relation to him, to thatboard, and
(c) where a person has been appointed under section 1A(2)(b)
below to act as a supervisor in relation to him, to that person .
(6) Notwithstanding any enactment, a court which under this sect ion
defers passing sentence on an offender shall not on the sameoccasion remand him.
(7) Where—
(a) a court which under this section has deferred passing
sentence on an offender proposes to deal with him on thedate originally specified by the court, or
(b) the offender does not appear on the day so specified,
the court may issue a summons requiring him to appear before th e
court at a time and place specified in the summons, or may issu e a
warrant to arrest him and bring him before the court at a time and
place specified in the warrant.
(8) Nothing in this section or sections 1A to 1D below shall aff ect—
(a) the power of the Crown Court to bind over an offender to
come up for judgment when called upon; or
(b) the power of any court to defer passing sentence for any
purpose for which it may lawfully do so apart from thissection.Criminal Justice Act 2003 (c. 44)
Schedule 23 — Deferment of sentence332
1A Further provision about undertakings
(1) Without prejudice to the generality of paragraph (b) of sect ion 1(3)
above, the requirements that may be imposed by virtue of thatparagraph include requirements as to the residence of the offen der
during the whole or any part of the period of deferment.
(2) Where an offender has undertaken to comply with any requirem ents
imposed under section 1(3)(b) above the court may appoint—
(a) an officer of a local probation board, or
(b) any other person whom the court thinks appropriate,
to act as a supervisor in relation to him.
(3) A person shall not be appointed under subsection (2)(b) abov e
without his consent.
(4) It shall be the duty of a supervisor appointed under subsect ion (2)
above—
(a) to monitor the offender’s compliance with the requirements;
and
(b) to provide the court to which it falls to deal with the offe nder
in respect of the offence in question with such information asthe court may require relating to the offender’s compliancewith the requirements.
1B Breach of undertakings
(1) A court which under section 1 above has deferred passing sen tence
on an offender may deal with him before the end of the period o f
deferment if—
(a) he appears or is brought before the court under subsection ( 3)
below; and
(b) the court is satisfied that he has failed to comply with one  or
more requirements imposed under section 1(3)(b) above inconnection with the deferment.
(2) Subsection (3) below applies where—
(a) a court has under section 1 above deferred passing sentence
on an offender;
(b) the offender undertook to comply with one or more
requirements imposed under section 1(3)(b) above inconnection with the deferment; and
(c) a person appointed under section 1A(2) above to act as a
supervisor in relation to the offender has reported to thecourt that the offender has failed to comply with one or moreof those requirements.
(3) Where this subsection applies, the court may issue—
(a) a summons requiring the offender to appear before the court
at a time and place specified in the summons; or 
(b) a warrant to arrest him and bring him before the court at a
time and place specified in the warrant.Criminal Justice Act 2003 (c. 44)
Schedule 23 — Deferment of sentence333
1C Conviction of offence during period of deferment
(1) A court which under section 1 above has deferred passing sen tence
on an offender may deal with him before the end of the period o f
deferment if during that period he is convicted in Great Britai n of
any offence.
(2) Subsection (3) below applies where a court has under section  1 above
deferred passing sentence on an offender in respect of one or m ore
offences and during the period of deferment the offender isconvicted in England and Wales of any offence (“the later offen ce”).
(3) Where this subsection applies, then (without prejudice to su bsection
(1) above and whether or not the offender is sentenced for the later
offence during the period of deferment), the court which passessentence on him for the later offence may also, if this has not  already
been done, deal with him for the offence or offences for whichpassing of sentence has been deferred, except that—
(a) the power conferred by this subsection shall not be exercise d
by a magistrates’ court if the court which deferred passingsentence was the Crown Court; and
(b) the Crown Court, in exercising that power in a case in which
the court which deferred passing sentence was a magistrates’court, shall not pass any sentence which could not have beenpassed by a magistrates’ court in exercising that power.
(4) Where a court which under section 1 above has deferred passi ng
sentence on an offender proposes to deal with him by virtue ofsubsection (1) above before the end of the period of deferment,  the
court may issue—
(a) a summons requiring him to appear before the court at a time
and place specified in the summons; or
(b) a warrant to arrest him and bring him before the court at a
time and place specified in the warrant.
1D Deferment of sentence: supplementary
(1) In deferring the passing of sentence under section 1 above a
magistrates’ court shall be regarded as exercising the power ofadjourning the trial conferred by section 10(1) of the Magistra tes’
Courts Act 1980, and accordingly sections 11(1) and 13(1) to (3 A) and
(5) of that Act (non-appearance of the accused) apply (withoutprejudice to section 1(7) above) if the offender does not appea r on the
date specified under section 1(4) above.
(2) Where the passing of sentence on an offender has been deferr ed by a
court (“the original court”) under section 1 above, the power o f that
court under that section to deal with the offender at the end o f the
period of deferment and any power of that court under section 1 B(1)
or 1C(1) above, or of any court under section 1C(3) above, to d eal
with the offender—
(a) is power to deal with him, in respect of the offence for whi ch
passing of sentence has been deferred, in any way in whichthe original court could have dealt with him if it had notdeferred passing sentence; andCriminal Justice Act 2003 (c. 44)
Schedule 23 — Deferment of sentence334
(b) without prejudice to the generality of paragraph (a) above, in
the case of a magistrates’ court, includes the power conferredby section 3 below to commit him to the Crown Court forsentence.
(3) Where—
(a) the passing of sentence on an offender in respect of one or
more offences has been deferred under section 1 above, and
(b) a magistrates’ court deals with him in respect of the offenc e
or any of the offences by committing him to the Crown Courtunder section 3 below,
the power of the Crown Court to deal with him includes the same
power to defer passing sentence on him as if he had just beenconvicted of the offence or offences on indictment before the c ourt.
(4) Subsection (5) below applies where—
(a) the passing of sentence on an offender in respect of one or
more offences has been deferred under section 1 above;
(b) it falls to a magistrates’ court to determine a relevant mat ter;
and
(c) a justice of the peace is satisfied—
(i) that a person appointed under section 1A(2)(b) above
to act as a supervisor in relation to the offender islikely to be able to give evidence that may assist thecourt in determining that matter; and
(ii) that that person will not voluntarily attend as a
witness.
(5) The justice may issue a summons directed to that person requ iring
him to attend before the court at the time and place appointed in the
summons to give evidence.
(6) For the purposes of subsection (4) above a court determines a
relevant matter if it—
(a) deals with the offender in respect of the offence, or any of  the
offences, for which the passing of sentence has been deferred;or
(b) determines, for the purposes of section 1B(1)(b) above,
whether the offender has failed to comply with anyrequirements imposed under section 1(3)(b) above.”
2 In section 159 of the Sentencing Act (execution of process bet ween England
and Wales and Scotland), for “section 2(4),” there is substitut ed “section 1(7),
1B(3), 1C(4),”.
SCHEDULE 24
Section 279
DRUG TREATMENT  AND  TESTING  REQUIREMENT  IN ACTION  PLAN  ORDER  OR SUPERVISION  
ORDER
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—Criminal Justice Act 2003 (c. 44)
Schedule 24 — Drug treatment and testing requirement in action plan order or supervision order335
“(4A) Subsection (4B) below applies where a court proposing to m ake 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 t he
order (“the treatment period”) to submit to treatment by or und er the
direction of a specified person having the necessary qualificat ions
and experience (“the treatment provider”) with a view to thereduction or elimination of the offender’s dependency on orpropensity 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, an d
at such intervals, as may be so specified;
but the nature of the treatment shall not be specified in the o rder
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 bespecified in the order (including arrangements for thereception of the offender where he is to be required tosubmit 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 localprobation board or by a member of a youth offendingteam; 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 inc ludes a
requirement by virtue of subsection (4B) above may, if the offe nder
is aged 14 or over, also include a requirement (“a testingrequirement”) 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 m ay
(subject to the provisions of the order) be determined by theresponsible 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 pl an order
by virtue of subsection (4E) above unless—
(a) the offender is aged 14 or over and consents to its inclusio n,
and
(b) the court has been notified by the Secretary of State that
arrangements for implementing such requirements are inforce in the area proposed to be specified in the orderCriminal Justice Act 2003 (c. 44)
Schedule 24 — Drug treatment and testing requirement in action plan order or supervision order336
(4G) A testing requirement shall specify for each month the mini mum
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 offic er.”
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 ) W h e r e  t h i s  p a r a g r a p h  a p p l i e s ,  t h e  c o u r t  m a y  i n c l u d e  i n  t h e
supervision order a requirement that the offender shall, for aperiod specified in the order (“the treatment period”), submit to
treatment by or under the direction of a specified person havin g
the necessary qualifications and experience (“the treatmentprovider”) with a view to the reduction or elimination of theoffender’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 o rder
except as mentioned in paragraph (a) or (b) above.
(4) A requirement shall not be included in a supervision order b y
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 bespecified in the order (including arrangements forthe reception of the offender where he is to berequired 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 alocal probation board or by a member of a youthoffending 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 inc ludes
a treatment requirement may also include a requirement (“atesting requirement”) that, for the purpose of ascertainingCriminal Justice Act 2003 (c. 44)
Schedule 24 — Drug treatment and testing requirement in action plan order or supervision order337
whether he has any drug in his body during the treatment period ,
the offender shall during that period, at such times or in suchcircumstances as may (subject to the provisions of the order) b e
determined by the supervisor or the treatment provider, providesamples 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 inforce in the area proposed to be specified in the order.
(7) A testing requirement shall specify for each month the minim um
number of occasions on which samples are to be provided.
(8) A supervision order including a testing requirement shall p rovide
for the results of tests carried out on any samples provided by  the
offender in pursuance of the requirement to a person other thanthe supervisor to be communicated to the supervisor.”
3 In Schedule 7 to the Sentencing Act (breach, revocation and am endment of
supervision orders), in paragraph 2(1), before “or 7” there is inserted “,6A”.
SCHEDULE 25
Section 280(1)
SUMMARY  OFFENCES  NO LONGER  PUNISHABLE  WITH  IMPRISONMENT
Vagrancy Act 1824 (c. 83)
1The offence under section 3 of the Vagrancy Act 1 824 (idle and  disorderly
persons) of causing or procuring or encouraging any child or ch ildren to
wander abroad, or place himself or herself in any public place,  street,
highway, court, or passage, to beg or gather alms.
2 The following offences under section 4 of that Act (rogues and  vagabonds)—
(a) the offence of going about as a gatherer or collector of alm s, or
endeavouring to procure charitable contributions of any nature or
kind, under any false or fraudulent pretence,
(b) the offence of being found in or upon any dwelling house,
warehouse, coach-house, stable, or outhouse, or in any inclosedyard, garden, or area, for any unlawful purpose, and
(c) the offence of being apprehended as an idle and disorderly p erson,
and violently resisting any constable, or other peace officer s o
apprehending him or her, and being subsequently convicted of th e
offence for which he or she shall have been so apprehended.
Railway Regulation Act 1842 (c. 55)
3 An offence under section 17 of the Railway Regulation Act 1842
(punishment of railway employees guilty of misconduct).Criminal Justice Act 2003 (c. 44)
Schedule 25 — Summary offences no longer punishable with impris onment338
London Hackney Carriages Act 1843 (c. 86)
4 An offence under section 28 of the London Hackney Carriages Ac t 1843
(punishment for furious driving etc.).
Town Police Clauses Act 1847 (c. 89)
5 An offence under section 26 of the Town Police Clauses Act 184 7 (unlawful
release of impounded stray cattle).
6 An offence under section 28 of that Act (offences relating to obstructions and
nuisances).
7 An offence under section 29 of that Act (drunken persons, etc.  guilty of
violent or indecent behaviour).
8 An offence under section 36 of that Act (keeping places for be ar-baiting,
cock-fighting etc.).
Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)
9 An offence under section 2 of the Ecclesiastical Courts Jurisd iction Act 1860
(making a disturbance in churches, chapels, churchyards, etc.).
Town Gardens Protection Act 1863 (c. 13)
10 An offence under section 5 of the Town Gardens Protection Act  18 6 3
(injuring gardens).
Public Stores Act 1875 (c. 25)
11 An offence under section 8 of the Public Stores Act 1875 (swe eping, etc., near
dockyards, artillery ranges, etc.).
North Sea Fisheries Act 1893 (c. 17)
12 An offence under section 2 of the North Sea Fisheries Act 189 3 (penalty for
supplying, exchanging, or otherwise selling spirits).
13 An offence under section 3 of that Act (penalty for purchasin g spirits by
exchange or otherwise).
Seamen’s and Soldiers’ False Characters Act 1906 (c. 5)
14 An offence under section 1 of the Seamen’s and Soldiers’ Fals e Characters
Act 1906 (forgery of service or discharge certificate and perso nation).
Aliens Restriction (Amendment) Act 1919 (c. 92)
15 An offence under section 3(2) of the Aliens Restriction (Amen dment) Act
1919 (promoting industrial unrest).
Children and Young Persons Act 1933 (c. 12)
16 An offence under section 4 of the Children and Young Persons Act 1933
(causing or allowing persons under sixteen to be used for beggi ng).Criminal Justice Act 2003 (c. 44)
Schedule 25 — Summary offences no longer punishable with impris onment339
Protection of Animals Act 1934 (c. 21)
17 An offence under section 2 of the Protection of Animals Act 1 934 (offences
relating to the prohibition of certain public contests, perform ances, and
exhibitions with animals).
Public Health Act 1936 (c. 49)
18 An offence under section 287 of the Public Health Act 1936 (p ower to enter
premises).
Essential Commodities Reserves Act 1938 (c. 51)
19 An offence under section 4(2) of the Essential Commodities Re serves Act
1938 (enforcement).
London Building Acts (Amendment) Act 1939 (c. xcvii)
20 An offence under section 142 of the London Building Acts (Ame ndment) Act
1939 (power of Council and others to enter buildings etc).
Cancer Act 1939 (c. 13)
21An offence under section 4 of the Cancer Act 1 939 (prohibitio n of certain
advertisements).
Civil Defence Act 1939 (c. 31)
22 An offence under section 77 of the Civil Defence Act 1939 (pe nalty for false
statements).
Hill Farming Act 1946 (c. 73)
23 An offence under section 19(2) or (3) of the Hill Farming Act  1946 (offences
in relation to the control of rams).
Polish Resettlement Act 1947 (c. 19)
24 An offence under paragraph 7 of the Schedule to the Polish Re settlement Act
1947 (false representation or making a false statement).
Agriculture Act 1947 (c. 48)
25 An offence under section 14(7) of the Agriculture Act 1947, a s remaining in
force for the purposes of section 95 of that Act, (directions t o secure good
estate management and good husbandry).
26 An offence under section 95 of that Act (failure to comply wi th a direction to
secure production).
Civil Defence Act 1948 (c. 5)
27 An offence under section 4 of the Civil Defence Act 1948 (pow ers as to land).Criminal Justice Act 2003 (c. 44)
Schedule 25 — Summary offences no longer punishable with impris onment340
Agricultural Wages Act 1948 (c. 47)
28 An offence under section 12 of the Agricultural Wages Act 194 8 (hindering
investigation of complaints etc.).
Wireless Telegraphy Act 1949 (c. 54)
29 An offence under section 11(7) of the Wireless Telegraphy Act  19 4 9
(enforcement of regulations as to use of apparatus), other than  one within
section 14(1A)(c) of that Act.
Prevention of Damage by Pests Act 1949 (c. 55)
30 An offence under section 22(5) of the Prevention of Damage by  Pests Act
1949 (wrongful disclosure of information).
Coast Protection Act 1949 (c. 74)
31An offence under section 25(9) of the Coast Protection Act 1 9 49 (powers of
entry and inspection).
Pet Animals Act 1951 (c. 35)
32 An offence under the Pet Animals Act 1951 (offences relating to licensing of
pet shops and the sale of pets), other than one under section 4  of that Act.
Cockfighting Act 1952 (c. 59)
33 An offence under section 1 of the Cockfighting Act 1952 (poss ession of
appliances for use in fighting of domestic fowl).
Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)
34 An offence under the Agricultural Land (Removal of Surface So il) Act 1953
(removal of surface soil without planning permission).
Accommodation Agencies Act 1953 (c. 23)
35 An offence under section 1 of the Accommodation Agencies Act 1953 (illegal
commissions and advertisements).
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
36 An offence under section 19 of the Army Act 1955 (false answe rs in
attestation paper).
37 An offence under section 161 of that Act (refusal to receive persons billeted,
etc.).
38 An offence under section 171 of that Act (offences relating t o the
enforcement of provisions as to requisitioning).
39 An offence under section 191 of that Act (pretending to be a deserter).
40 An offence under section 193 of that Act (obstructing members  of regular
forces in execution of duty).Criminal Justice Act 2003 (c. 44)
Schedule 25 — Summary offences no longer punishable with impris onment341
41An offence under section 1 96 of that Act (illegal dealings in  documents
relating to pay, pensions, mobilisation etc.).
42 An offence under section 197 of that Act (unauthorised use of  and dealing in
decorations etc.).
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
43 An offence under section 19 of the Air Force Act 1955 (false answers in
attestation paper).
44 An offence under section 161 of that Act (refusal to receive persons billeted,
etc.).
45 An offence under section 171 of that Act (offences relating t o the
enforcement of provisions as to requisitioning).
46 An offence under section 191 of that Act (pretending to be a deserter).
47 An offence under section 193 of that Act (obstructing members  of regular air
force in execution of duty).
48 An offence under section 196 of that Act (illegal dealings in  documents
relating to pay, pensions, mobilisation etc.).
49 An offence under section 197 of that Act (unauthorised use of  and dealing in
decorations etc.).
Naval Discipline Act 1957 (c. 53)
50 An offence under section 96 of the Naval Discipline Act 1957 (false pretence
of desertion or absence without leave).
51An offence under section 99 of that Act (illegal dealings in official
documents).
Agricultural Marketing Act 1958 (c. 47)
52 An offence under section 45 of the Agricultural Marketing Act  1958 (failure
to comply with demand for information or knowingly making any f alse
statement in reply thereto).
Rivers (Prevention of Pollution) Act 1961 (c. 50)
53 An offence under section 12(1) of the Rivers (Prevention of P ollution) Act
1961 (restriction of disclosure of information).
Betting, Gaming and Lotteries Act 1963 (c. 2)
54 An offence under section 8 of the Betting, Gaming and Lotteri es Act 1963
(betting in streets and public places).
Children and Young Persons Act 1963 (c. 37)
55 An offence under section 40 of the Children and Young Persons  Act 1963
(offences relating to persons under 16 taking part in public pe rformances
etc.).Criminal Justice Act 2003 (c. 44)
Schedule 25 — Summary offences no longer punishable with impris onment342
Animal Boarding Establishments Act 1963 (c. 43)
56 An offence under the Animal Boarding Establishments Act 1963 (offences in
connection with the licensing and inspection of boarding establ ishments for
animals), other than an offence under section 2 of that Act.
Agriculture and Horticulture Act 1964 (c. 28)
57 An offence under Part 3 of the Agriculture and Horticulture A ct 1964
(offences relating to the grading and transport of fresh hortic ultural
produce), other than an offence under section 15(1) of that Act .
Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60)
58 An offence under paragraph 1(3) or 2(4) of Schedule 1 to the Emergency
Laws (Re-enactments and Repeals) Act 1964 (offences relating to  the
production of documents).
Riding Establishments Act 1964 (c. 70)
59 An offence under the Riding Establishments Act 1964 (offences  relating to
the keeping of riding establishments), other than an offence un der section
2(4) of that Act.
Industrial and Provident Societies Act 1965 (c. 12)
60 An offence under section 16 of the Industrial and Provident S ocieties Act
1965 (cancellation of registration of society).
61An offence under section 48 of that Act (production of docume nts and
provision of information for certain purposes).
Cereals Marketing Act 1965 (c. 14)
62 An offence under section 17(1) of the Cereals Marketing Act 1 965 (failure to
comply with a requirement of a scheme).
Gas Act 1965 (c. 36)
63 An offence under paragraph 9 of Schedule 6 to the Gas Act 196 5 (wrongful
disclosure of information).
Armed Forces Act 1966 (c. 45)
64 An offence under section 8 of the Armed Forces Act 1966 (fals e statements
on entry into Royal Navy).
Agriculture Act 1967 (c. 22)
65 An offence under section 6(9) of the Agriculture Act 1967 (co mpulsory use
of systems of classification of carcases).
66 An offence under section 14(2) of that Act (levy schemes: req uirements in
relation to registration, returns and records).
67 An offence under section 69 of that Act (false statements to obtain grants etc).Criminal Justice Act 2003 (c. 44)
Schedule 25 — Summary offences no longer punishable with impris onment343
Sea Fisheries (Shellfish) Act 1967 (c. 83)
68 An offence under section 14(2) of the Sea Fisheries (Shellfis h) Act 1967
(offences relating to the deposit and importation of shellfish) .
Theatres Act 1968 (c. 54)
69 An offence under section 13(1) or (2) of the Theatres Act 196 8 (offences
relating to licensing of premises for public performances of pl ays).
Theft Act 1968 (c. 60)
70 An offence under paragraph 2(1) of Schedule 1 to the Theft Ac t 1968 (taking
or destroying fish).
Agriculture Act 1970 (c. 40)
71 An offence under section 106(8) of the Agriculture Act 1970 ( eradication of
brucellosis: obstructing or impeding an officer in the exercise  of powers to
obtain information).
Breeding of Dogs Act 1973 (c. 60)
72 An offence under the Breeding of Dogs Act 1973 (offences conn ected with
the licensing of breeding establishments for dogs), other than under section
2 of that Act.
Slaughterhouses Act 1974 (c. 3)
73 An offence under section 4(5) of the Slaughterhouses Act 1974  (knacker’s
yard licences and applications for such licences).
National Health Service Act 1977 (c. 49)
74 An offence under paragraph 8(3) or 9(4) of Schedule 11 to the  National
Health Service Act 1977 (offences relating to the production of  documents
etc.).
Magistrates’ Courts Act 1980 (c. 43)
75 An offence under section 84(3) of the Magistrates’ Courts Act  1980 (making
of false statement as to means).
Animal Health Act 1981 (c. 22)
76 An offence under paragraph 6 of Schedule 1 to the Animal Heal th Act 1981
(offences relating to the manufacture of veterinary therapeutic  substances).
Fisheries Act 1981 (c. 29)
77 An offence under section 5(4) of the Fisheries Act 1981 (alte ration of records
or furnishing false information).Criminal Justice Act 2003 (c. 44)
Schedule 25 — Summary offences no longer punishable with impris onment344
Civil Aviation Act 1982 (c. 16)
78 An offence under section 82 of the Civil Aviation Act 1982 (u sing an aircraft
for advertising, etc.).
Mental Health Act 1983 (c. 20)
79 An offence under section 103 of the Mental Health Act 1983 (w rongful
disclosure of a report made by a Visitor).
80 An offence under section 129 of that Act (obstruction).
Building Act 1984 (c. 55)
81An offence under section 96(3) of the Building Act 1 984 (wron gful disclosure
of information).
Surrogacy Arrangements Act 1985 (c. 49)
82 An offence under section 2 of the Surrogacy Arrangements Act 1985
(negotiating surrogacy arrangements on a commercial basis, etc. ).
Animals (Scientific Procedures) Act 1986 (c. 14)
83 An offence under section 22(3), 23 or 25(3) of the Animals (S cientific
Procedures) Act 1986 (false statements and offences in relation  to powers of
entry).
Motor Cycle Noise Act 1987 (c. 34)
84 An offence under paragraph 1 of Schedule 1 to the Motor Cycle  Noise Act
1987 (supply of exhaust systems etc. not complying with prescri bed
requirements).
Human Organ Transplants Act 1989 (c. 31)
85 An offence under section 2 of the Human Organ Transplants Act  19 8 9
(restrictions on organ transplants).
Town and Country Planning Act 1990 (c. 8)
86 An offence under paragraph 14(4) of Schedule 15 to the Town a nd Country
Planning Act 1990 (wrongful disclosure of information).
Environmental Protection Act 1990 (c. 43)
87 An offence under section 118(1)(g), (h) or (i) of the Environ mental Protection
Act 1990 (offences relating to inspection of genetically modifi ed organisms).
Criminal Justice Act 1991 (c. 53)
88 An offence under section 20A of the Criminal Justice Act 1991  ( f a l s e
statements as to financial circumstances).Criminal Justice Act 2003 (c. 44)
Schedule 25 — Summary offences no longer punishable with impris onment345
Deer Act 1991 (c. 54)
89 An offence under section 10(3) of the Deer Act 1991 (offences  relating to sale
and purchase etc. of venison).
Water Industry Act 1991 (c. 56)
90 An offence under section 206(2) of the Water Industry Act 199 1 (wrongful
disclosure of information).
91An offence that falls within paragraph 5(5) of Schedule 6 to that Act
(wrongful disclosure of information).
Social Security Administration Act 1992 (c. 5)
92 An offence under section 105 of the Social Security Administr ation Act 1992
(failure of person to maintain himself or another).
93 An offence under section 182 of that Act (illegal possession of documents).
Local Government Finance Act 1992 (c. 14)
94 An offence under section 27(5) of the Local Government Financ e Act 1992
(false statements in relation to properties).
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 5 2)
95 An offence under section 240 of the Trade Union and Labour Re lations
(Consolidation) Act 1992 (breach of contract involving injury t o persons or
property).
Merchant Shipping Act 1995 (c. 21)
96 An offence under section 57 of the Merchant Shipping Act 1995  (offences
relating to merchant navy uniforms).
Reserve Forces Act 1996 (c. 14)
97 An offence under section 75(5) of the Reserve Forces Act 1996  (making false
statements).
98 An offence under section 82(1) of that Act (offences in conne ction with
regulations under sections 78 and 79 of that Act).
99 An offence under section 87(1) of that Act (offences in conne ction with
claims for payment).
100 An offence under section 99 of that Act (false pretence of i llegal absence).
101 An offence under paragraph 5(1) of Schedule 1 to that Act (f alse answers in
attestation papers).
Housing Act 1996 (c. 52)
102 An offence under paragraph 23 or 24 of Schedule 1 to the Hou sing Act 1996
(contravening order not to part with money etc. held on behalf of a social
landlord).Criminal Justice Act 2003 (c. 44)
Schedule 25 — Summary offences no longer punishable with impris onment346
Broadcasting Act 1996 (c. 55)
103 An offence under section 144 of the Broadcasting Act 1996 (p roviding false
information in connection with licences).
Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)
104 An offence under section 8 or 9(6) of the Breeding and Sale of Dogs (Welfare)
Act 1999 (offences relating to the sale of dogs and connected m atters).
Transport Act 2000 (c. 38)
105 An offence under section 82(2) of the Transport Act 2000 (wr ongful
disclosure of information).
SCHEDULE 26 Section 280(2)
INCREASE  IN MAXIMUM  TERM  FOR CERTAIN  SUMMARY  OFFENCES
Railway Regulation Act 1840 (c. 97)
1 In section 16 of the Railway Regulation Act 1840 (obstructing officers or
trespassing upon railway), for “one month”, there is substitute d “51 weeks”.
Licensing Act 1872 (c. 94)
2 In section 12 of the Licensing Act 1872 (penalty for being fou nd drunk), for
“one month” there is substituted “51 weeks”.
Regulation of Railways Act 1889 (c. 57)
3 In section 5 of the Regulation of Railways Act 1889 (avoiding payment of
fares, etc.), in subsection (3), for “three months” there is su bstituted “51
weeks”.
Witnesses (Public Inquiries) Protection Act 1892 (c. 64)
4 In section 2 of the Witnesses (Public Inquiries) Protection Ac t 1892 (persons
obstructing or intimidating witnesses), for “three months” ther e is
substituted “51 weeks”.
Licensing Act 1902 (c. 28)
5 In section 2 of the Licensing Act 1902 (penalty for being drun k while in
charge of a child), in subsection (1), for “one month” there is  substituted “51
weeks”.
Emergency Powers Act 1920 (c. 55)
6 In section 2 of the Emergency Powers Act 1920 (emergency regul ations), in
subsection (3), for “three months” there is substituted “51 wee ks”.Criminal Justice Act 2003 (c. 44)
Schedule 26 — Increase in maximum term for certain summary offe nces347
Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)
7 In section 1 of the Judicial Proceedings (Regulation of Report s )  A c t  19 2 6
(restriction on publication of reports of judicial proceedings) , in subsection
(2), for “four months” there is substituted “51 weeks”.
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
8 In section 7 of the Public Order Act 1936 (enforcement), in su bsection (2), for
“three months” there is substituted “51 weeks”.
Cinematograph Films (Animals) Act 1937 (c. 59)
9 In section 1 of the Cinematograph Films (Animals) Act 1937 (pr ohibition of
films involving cruelty to animals), in subsection (3), for “th ree months”
there is substituted “51 weeks”.
House to House Collections Act 1939 (c. 44)
10 In section 8 of the House to House Collections Act 1939, in s ubsection (2), for
“three months” there is substituted “51 weeks”.
Fire Services Act 1947 (c. 41)
11 In section 31 of the Fire Services Act 1947 (false alarms of fire), in subsection
(1), for “three months” there is substituted “51 weeks”.
National Assistance Act 1948 (c. 29)
12 (1) The National Assistance Act 1948 is amended as follows.
(2) In section 51 (failure to maintain), in subsection (3)(a) an d (b), for “three
months” there is substituted “51 weeks”.
(3) In section 52 (false statements), in subsection (1), for “th ree months” there is
substituted “51 weeks”.
Docking and Nicking of Horses Act 1949 (c. 70)
13 (1) The Docking and Nicking of Horses Act 1949 is amended as f ollows.
(2) In section 1 (prohibition of docking and nicking except in c ertain cases), in
subsection (3), for “three months” there is substituted “51 wee ks”.
(3) In section 2 (restriction on landing docked horses)—
(a) in subsection (3), and
(b) in subsection (4),
for “3 months” there is substituted “51 weeks”.
Protection of Animals (Amendment) Act 1954 (c. 40)
14 In section 2 of the Protection of Animals (Amendment) Act 195 4 (breach of
disqualification order), for “three months” there is substitute d “51 weeks”.Criminal Justice Act 2003 (c. 44)
Schedule 26 — Increase in maximum term for certain summary offe nces348
Children and Young Persons (Harmful Publications) Act 1955 (c. 2 8)
15 In section 2 of the Children and Young Persons (Harmful Publi cations) Act
1955 (penalty for publishing certain works etc.), in subsection  (1), for “four
months” there is substituted “51 weeks”.
Agriculture Act 1957 (c. 57)
16 In section 7 of the Agriculture Act 1957 (penalties)—
(a) in subsection (1), for “three months” there is substituted “ 51 weeks”,
and
(b) in subsection (2), for “one month” there is substituted “51 weeks”.
Animals (Cruel Poisons) Act 1962 (c. 26)
17 In section 1 of the Animals (Cruel Poisons) Act 1962 (offence s and penalties
under regulations), in paragraph (b), for “three months” there is substituted
“51 weeks”.
Plant Varieties and Seeds Act 1964 (c. 14)
18 In section 27 of the Plant Varieties and Seeds Act 1964 (tamp ering with
samples), in subsection (1), for “three months” there is substi tuted “51
weeks”.
Agriculture Act 1967 (c. 22)
19 (1) The Agriculture Act 1967 is amended as follows.
(2) In section 6 (penalties), in subsection (4), for “three mont hs” there is
substituted “51 weeks”.
(3) In section 21 (inquiry by Meat and Livestock Commission), in  subsection
(11), for “three months” there is substituted “51 weeks”.
Firearms Act 1968 (c. 27)
20 (1) Part 1 of Schedule 6 to the Firearms Act 1968 (prosecution  and punishment
of offences) is amended as follows.
(2) In the entry relating to section 3(6) of that Act (business and other
transactions with firearms and ammunition), in the fourth colum n, for “3
months” there is substituted “51 weeks”.
(3) In the entry relating to section 6(3) of that Act (power to prohibit movement
of arms and ammunition), in the fourth column, for “3 months” t here is
substituted “51 weeks”.
(4) In the entry relating to section 20(2) of that Act (trespass ing with firearm), in
the fourth column, for “3 months” there is substituted “51 week s”.
(5) In the entry relating to section 22(1A) of that Act (acquisi tion and possession
o f  f i r e a r m s  b y  m i n o r s ) ,  i n  t h e  f o u r t h  c o l u m n ,  f o r  “ 3  m o n t h s ”  t h ere is
substituted “51 weeks”.
(6) In the entry relating to section 25 of that Act (supplying f irearm to person
drunk or insane), in the fourth column, for “3 months” there is  substituted
“51 weeks”.Criminal Justice Act 2003 (c. 44)
Schedule 26 — Increase in maximum term for certain summary offe nces349
(7) In the entry relating to section 32C(6) of that Act (variati on endorsement etc.
of European documents), in the fourth column, for “3 months” th ere is
substituted “51 weeks”.
(8) In the entry relating to section 42A of that Act (informatio n as to transactions
under visitors’ permits), in the fourth column, for “3 months” there is
substituted “51 weeks”.
(9) In the entry relating to section 47(2) of that Act (powers o f constables to stop
and search), in the fourth column, for “3 months” there is subs tituted “51
weeks”.
(10) In the entry relating to section 49(3) of that Act (police powers in relation to
arms traffic), in the fourth column, for “3 months” there is su bstituted “51
weeks”.
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
21In section 7 of the Agriculture (Miscellaneous Provisions) Ac t 1968
(punishment of offences under Part 1), in subsection (1), for “ three months”
there is substituted “51 weeks”.
Agriculture Act 1970 (c. 40)
22 (1) The Agriculture Act 1970 is amended as follows.
(2) In section 68 (duty to give statutory statement), in subsect ion (4), for “three
months” there is substituted “51 weeks”.
(3) In section 69 (marking of material prepared for sale), in su bsection (4), for
“three months” there is substituted “51 weeks”.
(4) In section 70 (use of names or expressions with prescribed m eanings), in
subsection (2), for “three months” there is substituted “51 wee ks”.
(5) In section 71 (particulars to be given of attributes if clai med to be present), in
subsection (2), for “three months” there is substituted “51 wee ks”.
(6) In section 73 (deleterious ingredients in feeding stuff), in  subsection (4), for
“three months” there is substituted “51 weeks”.
(7) In section 73A (unwholesome feeding stuff), in subsection (4 ), for “three
months” there is substituted “51 weeks”.
(8) In section 74A (regulations controlling the contents of feed ing stuff), in
subsection (3), for “three months” there is substituted “51 wee ks”.
(9) In section 79 (supplementary provision relating to samples a nd analysis), in
subsection (10), for “three months” there is substituted “51 we eks”.
(10) In section 83 (exercise of powers by inspectors), in subsec tion (3), for “three
months” there is substituted “51 weeks”.
(11) In section 106 (eradication of brucellosis), in subsection (7), for “three
months” there is substituted “51 weeks”.
Slaughterhouses Act 1974 (c. 3)
23 (1) The Slaughterhouses Act 1974 is amended as follows.
(2) In section 20 (wrongful disclosure of information), in subse ction (4), for
“three months” there is substituted “51 weeks”.Criminal Justice Act 2003 (c. 44)
Schedule 26 — Increase in maximum term for certain summary offe nces350
(3) In section 21 (obstruction), in subsection (1), for “one mon th” there is
substituted “51 weeks”.
(4) In section 23 (prosecution and punishment of offences), in s ubsection (2)(a),
for “three months” there is substituted “51 weeks”.
Criminal Law Act 1977 (c. 45)
24 In section 8 of the Criminal Law Act 1977 (trespassing with a  weapon of
offence), in subsection (3), for “three months” there is substi tuted “51
weeks”.
Refuse Disposal (Amenity) Act 1978 (c. 3)
25 In section 2 of the Refuse Disposal (Amenity) Act 1978 (penal ty for
unauthorised dumping), in subsection (1), for “three months” th ere is
substituted “51 weeks”.
Customs and Excise Management Act 1979 (c. 2)
26 (1) The Customs and Excise Management Act 1979 is amended as f ollows.
(2) In section 21 (control of movement of aircraft), in subsecti on (6), for “3
months” there is substituted “51 weeks”.
(3) In section 33 (power to inspect aircraft etc.), in subsectio n (4), for “3 months”
there is substituted “51 weeks”.
(4) In section 34 (power to prevent flight of aircraft)—
(a) in subsection (2), and
(b) in subsection (3),
for “3 months” there is substituted “51 weeks”.
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32 )
27 In section 2 of the Licensed Premises (Exclusion of Certain P ersons) Act 1980
(penalty for non-compliance with an exclusion order), in subsec tion (1), for
“one month” there is substituted “51 weeks”.
Criminal Attempts Act 1981 (c. 47)
28 In section 9 of the Criminal Attempts Act 1981 (interference with vehicles),
in subsection (3), for “three months” there is substituted “51 weeks”.
British Nationality Act 1981 (c. 61)
29 In section 46 of the British Nationality Act 1981 (offences a nd proceedings),
in subsection (1) for “three months” there is substituted “51 w eeks”.
Civil Aviation Act 1982 (c. 16)
30 (1) The Civil Aviation Act 1982 is amended as follows.
(2) In section 44 (offences relating to the power to obtain righ ts over land), in
subsection (10), for “three months” there is substituted “51 we eks”.
(3) In section 75 (investigation of accidents), in subsection (5 ), for “three
months” there is substituted “51 weeks”.Criminal Justice Act 2003 (c. 44)
Schedule 26 — Increase in maximum term for certain summary offe nces351
Anatomy Act 1984 (c. 14)
31 In section 11 of the Anatomy Act 1984 (offences), in subsecti on (6), for “3
months” there is substituted “51 weeks”.
Public Health (Control of Disease) Act 1984 (c. 22)
32 (1) The Public Health (Control of Disease) Act 1984 is amended  as follows.
(2) In section 29 (letting of house after recent case of notifia ble disease), in
subsection (1), for “one month” there is substituted “51 weeks” .
(3) In section 30 (duty on ceasing to occupy house after recent case of notifiable
disease), in subsection (1), for “one month” there is substitut ed “51 weeks”.
(4) In section 62 (powers of entry), in subsection (3), for “3 m onths” there is
substituted “51 weeks”.
County Courts Act 1984 (c. 28)
33 (1) The County Courts Act 1984 is amended as follows.
(2) In section 14 (penalty for assaulting officers), in subsecti on (1)(a), for “3
months” there is substituted “51 weeks”.
(3) In section 92 (penalty for rescuing goods seized), in subsec tion (1)(a), for
“one month” there is substituted “51 weeks.”
Animal Health and Welfare Act 1984 (c. 40)
34 In section 10 of the Animal Health and Welfare Act 1984 (arti ficial breeding
of livestock), in subsection (6), for “three months” there is s ubstituted “51
weeks”.
Police and Criminal Evidence Act 1984 (c. 60)
35 In section 63C of the Police and Criminal Evidence Act 1984 ( testing for
presence of drugs), in subsection (1), for “three months” there  is substituted
“51 weeks”.
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)
36 In section 8 of the Sporting Events (Control of Alcohol etc.)  A c t  19 8 5
(penalties for offences), in paragraph (b), for “three months” there is
substituted “51 weeks”.
Public Order Act 1986 (c. 64)
37 (1) The Public Order Act 1986 is amended as follows.
(2) In section 12 (imposing conditions on public processions)—
(a) in subsection (8), and
(b) in subsection (10),
for “3 months” there is substituted “51 weeks”.
(3) In section 13 (prohibiting public processions)—
(a) in subsection (11), and
(b) in subsection (13),Criminal Justice Act 2003 (c. 44)
Schedule 26 — Increase in maximum term for certain summary offe nces352
for “3 months” there is substituted “51 weeks”.
(4) In section 14 (imposing conditions on public assemblies)—
(a) in subsection (8), and
(b) in subsection (10),
for “3 months” there is substituted “51 weeks”.
(5) In section 14B (offences in connection with trespassory asse mblies and arrest
therefor)—
(a) in subsection (5), and
(b) in subsection (7),
for “3 months” there is substituted “51 weeks”.
Road Traffic Offenders Act 1988 (c. 53)
38 (1) Part 1 of Schedule 2 to the Road Traffic Offenders Act 198 8 (prosecution and
punishment of offenders) is amended as follows.
(2) In the entry relating to section 4(2) of the Road Traffic Ac t 1988 (driving, or
being in charge, when under the influence of drink or drugs), i n column 4,
for “3 months” there is substituted “51 weeks”.
(3) In the entry relating to section 5(1)(b) of that Act (drivin g or being in charge
of a motor vehicle with alcohol concentration above prescribed limit), in
column 4, for “3 months” there is substituted “51 weeks”.
(4) In the entry relating to section 7 of that Act (provision of  specimens for
analysis), in column 4, for “3 months” there is substituted “51  weeks”.
(5) In the entry relating to section 7A of that Act (failing to allow specimen to be
subjected to analysis), in column 4, for “3 months” there is su bstituted “51
weeks”.
Official Secrets Act 1989 (c. 6)
39 In section 10 of the Official Secrets Act 1989 (penalties), i n subsection (2), for
“three months” there is substituted “51 weeks”.
Human Organ Transplants Act 1989 (c. 31)
40 In section 1 of the Human Organ Transplants Act 1989 (prohibi tion of
commercial dealings in human organs), in subsection (5), for “t hree months”
there is substituted “51 weeks”.
Football Spectators Act 1989 (c. 37)
41In section 2 of the Football Spectators Act 1 989 (unauthorise d attendance at
designated football matches), in subsection (3), for “one month ” there is
substituted “51 weeks”.
Food Safety Act 1990 (c. 16)
42 In section 35 of the Food Safety Act 1990 (punishment of offe nces), in
subsection (1), for “three months” there is substituted “51 wee ks”.Criminal Justice Act 2003 (c. 44)
Schedule 26 — Increase in maximum term for certain summary offe nces353
Deer Act 1991 (c. 54)
43 In section 9 of the Deer Act 1991 (penalties for offences rel ating to deer), in
subsection (1), for “three months” there is substituted “51 wee ks”.
Social Security Administration Act 1992 (c. 5)
44 In section 112 of the Social Security Administration Act 1992  ( f a l s e
representations for obtaining benefit etc.), in subsection (2),  for “3 months”
there is substituted “51 weeks”.
Criminal Justice and Public Order Act 1994 (c. 33)
45 (1) The Criminal Justice and Public Order Act 1994 is amended as follows.
(2) In section 60 (failing to stop), in subsection (8), for “one  month” there is
substituted “51 weeks”.
(3) In section 60AA (powers to require removal of disguises), in  subsection (7),
for “one month” there is substituted “51 weeks”.
(4) In section 61 (power to remove trespasser on land), in subse ction (4), for
“three months” there is substituted “51 weeks”.
(5) In section 62B (failure to comply with direction under secti on 62A: offences),
in subsection (3), for “3 months” there is substituted “51 week s”.
(6) In section 63 (powers to remove persons attending or prepari ng for a rave),
in subsections (6) and (7B), for “three months” there is substi tuted “51
weeks”.
(7) In section 68 (offence of aggravated trespass), in subsectio n (3), for “three
months” there is substituted “51 weeks”.
(8) In section 69 (powers to remove persons committing or partic ipating in
aggravated trespass), in subsection (3), for “three months” the re is
substituted “51 weeks”.
London Local Authorities Act 1995 (c. x)
46 In section 24 of the London Local Authorities Act 1995 (enfor cement), in
subsection (1), for “three months” there is substituted “51 wee ks”.
Police Act 1996 (c. 16)
47 In section 89 of the Police Act 1996 (assaults on constables etc.), in subsection
(2), for “one month” there is substituted “51 weeks”.
Treasure Act 1996 (c. 24)
48 In section 8 of the Treasure Act 1996 (duty of finder of trea sure to notify
coroner), in subsection (3)(a), for “three months” there is sub stituted “51
weeks”.
Education Act 1996 (c. 56)
49 (1) The Education Act 1996 is amended as follows.
(2) In section 444 (failure to secure regular attendance at scho ol), in subsection
(8A)(b), for “three months” there is substituted “51 weeks”.Criminal Justice Act 2003 (c. 44)
Schedule 26 — Increase in maximum term for certain summary offe nces354
(3) In section 559 (prohibition or restriction on employment of children), in
subsection (4)(b), for “one month” there is substituted “51 wee ks”.
Government of Wales Act 1998 (c. 38)
50 In section 75 of the Government of Wales Act 1998 (witnesses and
documents: supplementary), in subsection (3)(b), for “three mon ths” there is
substituted “51 weeks”.
Access to Justice Act 1999 (c. 22)
51 In section 21 of the Access to Justice Act 1999 (misrepresent ation etc), in
subsection (2)(b), for “three months” there is substituted “51 weeks”.
Greater London Authority Act 1999 (c. 29)
52 In section 64 of the Greater London Authority Act 1999 (failu re to attend
proceedings etc), in subsection (2)(b), for “three months” ther e is substituted
“51 weeks”.
Immigration and Asylum Act 1999 (c. 33)
53 (1) The Immigration and Asylum Act 1999 is amended as follows.
(2) In section 105 (false representation), in subsection (2), fo r “three months”
there is substituted “51 weeks”.
(3) In section 108 (failure of sponsor to maintain), in subsecti on (2), for “3
months” there is substituted “51 weeks”.
Financial Services and Markets Act 2000 (c. 8)
54 (1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 177 (offences), in subsection (6), for “three mon t h s ”  t h e r e  i s
substituted “51 weeks”.
(3) In section 352 (offences), in subsection (5), for “three mon t h s ”  t h e r e  i s
substituted “51 weeks”.
Terrorism Act 2000 (c. 11)
55 (1) The Terrorism Act 2000 is amended as follows.
(2) In section 36 (police powers), in subsection (4)(a), for “th ree months” there is
substituted “51 weeks”.
(3) In section 51 (offences in relation to parking), in subsecti on (6)(a), for “three
months” there is substituted “51 weeks”.
(4) In Schedule 5 (terrorist investigations: information)—
(a) in paragraph 3(8)(a), and
(b) in paragraph 15(5)(a),
for “three months” there is substituted “51 weeks”.
(5) In Schedule 7 (ports and border controls), in paragraph 18(2 )(a), for “three
months” there is substituted “51 weeks”.Criminal Justice Act 2003 (c. 44)
Schedule 26 — Increase in maximum term for certain summary offe nces355
Criminal Justice and Police Act 2001 (c. 16)
56 (1) The Criminal Justice and Police Act 2001 is amended as fol lows.
(2) In section 25 (enforcement of closure orders)—
(a) in subsection (3)(a), for “one month” there is substituted “ 51 weeks”,
and
(b) in subsections (4) and (5), for “three months” there is subs tituted “51
weeks”.
(3) In section 42 (prevention of intimidation), in subsection (7 ), for “three
months” there is substituted “51 weeks”.
Police Reform Act 2002 (c. 30)
57 In section 46 of the Police Reform Act 2002 (offences against  designated and
accredited persons etc.), in subsection (2), for “one month” th ere is
substituted “51 weeks”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
58 In section 137 of the Nationality, Immigration and Asylum Act  2 0 0 2
(offences relating to the disclosure of information), in subsec tion (2)(a), for
“three months” there is substituted “51 weeks”.
Anti-social Behaviour Act 2003 (c. 38)
59 In section 40 of the Anti-social Behaviour Act 2003 (closure of noisy
premises), in subsection (5)(a), for “three months” there is su bstituted “51
weeks”.
SCHEDULE 27 Section 283
ENABLING  POWERS : ALTERATION  OF MAXIMUM  PENALTIES  ETC.
Plant Health Act 1967 (c. 8)
1(1 ) Section 3 of the Plant Health Act 1 967 (control of spread o f pests in Great
Britain) is amended as follows.
(2) In subsection (4A), for “three months” there is substituted “the prescribed
term”.
(3) After that subsection there is inserted—
“(4B) In subsection (4A) above, “the prescribed term” means—
(a) in relation to England and Wales, 51 weeks;
(b) in relation to Scotland, three months.”
Agriculture Act 1967 (c. 22)
2 (1) Section 9 of the Agriculture Act 1967 (powers to meet futur e developments
in livestock and livestock products industries) is amended as f ollows.
(2) In subsection (10), for “three months” there is substituted “the prescribed
term”.Criminal Justice Act 2003 (c. 44)
Schedule 27 — Enabling powers: alteration of maximum penalties etc.356
(3) After that subsection there is inserted—
“(10A) In subsection (10), “the prescribed term” means—
(a) in relation to England and Wales, 51 weeks; 
(b) in relation to Scotland, three months.”
European Communities Act 1972 (c. 68)
3 (1) Paragraph 1 of Schedule 2 to the European Communities Act 1 972
(provisions as to powers conferred by section 2(2)) is amended as follows.
(2) In sub-paragraph (1)(d), for “three months” there is substit uted “the
prescribed term”.
(3) After sub-paragraph (2) there is inserted—
“(3) In sub-paragraph (1)(d), “the prescribed term” means—
(a) in relation to England and Wales, where the offence is a
summary offence, 51 weeks;
(b) in relation to England and Wales, where the offence is
triable either way, twelve months;
(c) in relation to Scotland and Northern Ireland, three
months.”
Slaughterhouses Act 1974 (c. 3)
4 In section 38(5) of the Slaughterhouses Act 1974 (maximum pena lties to be
prescribed by regulations), the words “or imprisonment for a te rm of three
months or both” are omitted.
Anatomy Act 1984 (c. 14)
5 (1) Section 11 of the Anatomy Act 1984 (offences) is amended as  follows.
(2) In subsection (7), for “3 months” there is substituted “the prescribed term”.
(3) After that subsection there is inserted—
“(7A) In subsection (7), “the prescribed term” means—
(a) in relation to England and Wales, 51 weeks;
(b) in relation to Scotland, 3 months.”
Environmental Protection Act 1990 (c. 43)
6 (1) Section 141 of the Environmental Protection Act 1990 (power  to prohibit or
restrict the importation or exportation of waste) is amended as  follows.
(2) In paragraph (g) of subsection (5), for “six months” there i s substituted “the
prescribed term”.
(3) After that subsection there is inserted—
“(5A) In subsection (5)(g), “the prescribed term” means—
(a) in relation to England and Wales, where the offence is a
summary offence, 51 weeks; 
(b) in relation to England and Wales, where the offence is triab le
either way, twelve months;
(c) in relation to Scotland and Northern Ireland, six months.”Criminal Justice Act 2003 (c. 44)
Schedule 27 — Enabling powers: alteration of maximum penalties etc.357
Scotland Act 1998 (c. 46)
7 (1) Section 113 of the Scotland Act 1998 (subordinate legislati on: scope of
powers) is amended as follows.
(2) In paragraph (a) of subsection (10), for “three months” ther e is substituted
“the prescribed term”.
(3) After that subsection there is inserted—
“(10A) In subsection (10)(a), “the prescribed term” means—
(a) in relation to England and Wales, where the offence is a
summary offence, 51 weeks;
(b) in relation to England and Wales, where the offence is triab le
either way, twelve months;
(c) in relation to Scotland and Northern Ireland, three months.”
Regulatory Reform Act 2001 (c. 6)
8 (1) Section 3 of the Regulatory Reform Act 2001 (limitations on  order-making
power) is amended as follows.
(2) In paragraph (b) of subsection (3), for “six months” there i s substituted “the
prescribed term”.
(3) After that subsection there is inserted—
“(3A) In subsection (3)(b), “the prescribed term” means—
(a) in relation to England and Wales, where the offence is a
summary offence, 51 weeks; 
(b) in relation to England and Wales, where the offence is triab le
either way, twelve months;
(c) in relation to Scotland and Northern Ireland, six months.”
SCHEDULE 28 Section 284
INCREASE  IN PENALTIES  FOR DRUG -RELATED  OFFENCES
Misuse of Drugs Act 1971 (c. 38)
1 (1) Schedule 4 to the Misuse of Drugs Act 1971 (prosecution and  punishment of
offences) is amended as follows.
(2) In column 6 of that Schedule (punishments for offences under  that Act
committed in relation to Class C drugs), in each of the followi ng entries, for
“5 years” there is substituted “14 years”.
(3) Those entries are the entries relating to the punishment, on  conviction on
indictment, of offences under the following provisions of that Act—
(a) section 4(2) (production, or being concerned in the producti on, of a
controlled drug),
(b) section 4(3) (supplying or offering to supply a controlled d rug or
being concerned in the doing of either activity by another),
(c) section 5(3) (having possession of a controlled drug with in tent to
supply it to another),Criminal Justice Act 2003 (c. 44)
Schedule 28 — Increase in penalties for drug-related offences358
(d) section 8 (being the occupier, or concerned in the managemen t, of
premises and permitting or suffering certain activities to take  place
there),
(e) section 12(6) (contravention of direction prohibiting practi tioner etc
from possessing, supplying etc controlled drugs), and
(f) section 13(3) (contravention of direction prohibiting practi tioner etc
from prescribing, supplying etc controlled drugs).
Customs and Excise Management Act 1979 (c. 2)
2 In Schedule 1 to the Customs and Excise Management Act 1979 (c ontrolled
drugs: variation of punishments for certain offences under that  A c t ) ,  i n
paragraph 2(c) (punishment on conviction on indictment of offen ces under
that Act committed in relation to Class C drugs), for “5 years”  there is
substituted “14 years”.
Criminal Justice (International Co-operation) Act 1990 (c. 5)
3 In section 19 of the Criminal Justice (International Co-operat ion) Act 1990
(ships used for illicit traffic), in subsection (4)(c)(ii) (pun ishment on
conviction on indictment of offences under that section committ ed in
relation to Class C drugs), for “five years” there is substitut ed “fourteen
years”.
SCHEDULE 29 Section 292
SENTENCING  FOR FIREARMS  OFFENCES  IN NORTHERN  IRELAND
1 The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I.  2 ) )  i s
amended as follows.
2 In Article 2(2) (interpretation) after the definition of “fire arms dealer” there
is inserted—
““handgun” means any firearm which either has a barrel less tha n 30
centimetres in length or is less than 60 centimetres in length overall,
other than an air weapon, a muzzle-loading gun or a firearmdesigned as signalling apparatus;”.
3 In Article 3(1) (requirement of firearm certificate) for sub-p aragraph (a) there
is substituted—
“(aa) has in his possession, or purchases or acquires, a handgun  without
holding a firearm certificate in force at the time, or otherwis e than as
authorised by such a certificate;
(ab) has in his possession, or purchases or acquires, any firear m, other
than a handgun, without holding a firearm certificate in force at the
time, or otherwise than as authorised by such a certificate; or ”.
4 After Article 52 of that Order there is inserted—
“52A Minimum sentence for certain offences
(1) This Article applies where—Criminal Justice Act 2003 (c. 44)
Schedule 29 — Sentencing for firearms offences in Northern Irel and359
(a) an individual is convicted of—
(i) an offence under Article 3(1)(aa),
(ii) an offence under Article 6(1)(a), (ab), (ac), (ad), (ae) or
(c), or
(iii) an offence under Article 6(1A)(a), and
(b) the offence was committed after the commencement of this
Article and at a time when he was aged 16 or over.
(2) The court shall—
(a) in the case of an offence under Article 3(1)(aa) committed b y
a person who was aged 21 or over when he committed theoffence, impose a sentence of imprisonment for a term of fiveyears (with or without a fine), and
(b) in any other case, impose an appropriate custodial sentence
for a term of at least the required minimum term (with orwithout a fine)
unless (in any of those cases) the court is of the opinion that  there are
exceptional circumstances relating to the offence or to the off ender
which justify its not doing so.
(3) Where an offence is found to have been committed over a peri od of
two or more days, or at some time during a period of two or mor e
days, it shall be taken for the purposes of this Article to hav e been
committed on the last of those days.
(4) In this Article—
“appropriate custodial sentence” means—
(a) in the case of an offender who is aged 21 or over when
convicted, a sentence of imprisonment, and
(b) in the case of an offender who is aged under 21 at that
time, a sentence of detention under section 5(1) of theTreatment of Offenders Act (Northern Ireland) 1968;
“the required minimum term” means—
(a) in the case of an offender who was aged 21 or over
when he committed the offence, five years, and
(b) in the case of an offender who was aged under 21 at
that time, three years.”
5 After Article 52A there is inserted—
“52B Power by order to exclude application of minimum sentence t o those 
under 18
(1) The Secretary of State may by order—
(a) amend Article 52A(1)(b) by substituting for the word “16” th e
word “18”, and
(b) make such other provision as he considers necessary or
expedient in consequence of, or in connection with, theprovision made by virtue of sub-paragraph (a).
( 2 ) T h e  p r o v i s i o n  t h a t  m a y  b e  m a d e  b y  v i r t u e  o f  p a r a g r a p h  ( 1) ( b )
includes, in particular, provision amending or repealing anystatutory provision within the meaning of section 1(f) of theCriminal Justice Act 2003 (c. 44)
Schedule 29 — Sentencing for firearms offences in Northern Irel and360
Interpretation Act (Northern Ireland) 1954 (whenever passed or
made).
(3) An order under paragraph (1) shall be subject to annulment i n
pursuance of a resolution of either House of Parliament in likemanner as a statutory instrument and section 5 of the StatutoryInstruments Act 1946 shall apply accordingly.”
6 (1) Schedule 2 (table of punishments) is amended as follows.
(2) For the entry relating to offences under Article 3(1) (purch ase, acquisition or
possession of firearm or ammunition without firearm certificate ) there is
substituted—
(3) For the entries relating to offences under Article 6(1) (man ufacture, dealing
in or possession of prohibited weapons) and Article 6(1A) (poss ession of or
dealing in other prohibited weapons) there is substituted—“Article
3(1)(aa)Purchase,
acquisition orpossession ofhandgunwithoutfirearmcertificateIndictment 10 years or a
fine, or both
Article
3(1)(ab)Purchase,
acquisition orpossessionwithoutfirearmcertificate offirearm otherthan handgun ( a )  S u m m a r y 1 y e a r  o r  a
fine of thestatutorymaximum, orboth
(b) Indictment 5 years or a
fine, or both
Article 3(1)(b) Purchase,
acquisition orpossession ofammunitionwithoutfirearmcertificate ( a )  S u m m a r y 1 y e a r  o r  a
fine of thestatutorymaximum, orboth
(b) Indictment 5 years or a
fine, or both”.
“Article
6(1)(a), (ab),
(ac), (ad), (ae)and (c)Manufacture,
dealing in or
possession ofprohibitedweapons.Indictment 10 years or a
fine, or bothCriminal Justice Act 2003 (c. 44)
Schedule 30 — Disqualification from working with children361
SCHEDULE 30 Section 299
DISQUALIFICATION  FROM  WORKING  WITH  CHILDREN
1The Criminal Justice and Court Services Act 2000 (c. 43) is ame nded as
follows.
2 After section 29 there is inserted—
“29A Disqualification at discretion of court: adults and juvenil es
(1) This section applies where—
(a) an individual is convicted of an offence against a child
(whether or not committed when he was aged 18 or over), 
(b) the individual is sentenced by a senior court, and
(c) no qualifying sentence is imposed in respect of the
conviction.
(2) If the court is satisfied, having regard to all the circumst ances, that it
is likely that the individual will commit a further offence aga inst a
child, it may order the individual to be disqualified from work ing
with children.
(3) If the court makes an order under this section, it must stat e its
reasons for doing so and cause those reasons to be included in the
record of the proceedings.Article 6(1)(b) Manufacture,
dealing in orpossession ofprohibitedweapondesigned fordischarge ofnoxious liquidetc. ( a )  S u m m a r y 1 y e a r  o r  a
fine of thestatutorymaximum, orboth
(b) Indictment 10 years or a
fine, or both
Article 6
(1A)(a)Possession of
or dealing infirearmdisguised asother objectIndictment 10 years or a
fine, or both
Article
6(1A)(b), (c),(d), (e), (f) or(g)Possession of
or dealing inotherprohibitedweapons(a) Summary 6 months or a
fine of thestatutorymaximum, orboth
(b) Indictment 10 years or a
fine, or both”.Criminal Justice Act 2003 (c. 44)
Schedule 30 — Disqualification from working with children362
29B Subsequent application for order under section 28 or 29
(1) Where—
(a) section 28 applies but the court has neither made an order
under that section nor complied with subsection (6) of thatsection, or
(b) section 29 applies but the court has not made an order under
that section, and it appears to the prosecutor that the courthas not considered the making of an order under that section,
the prosecutor may at any time apply to that court for an order  under
section 28 or 29.
(2) Subject to subsection (3), on an application under subsectio n (1)—
(a) in a case falling within subsection (1)(a), the court—
(i) must make an order under section 28 unless it is
satisfied as mentioned in subsection (5) of thatsection, and
(ii) if it does not make an order under that section, must
comply with subsection (6) of that section,
(b) in a case falling within subsection (1)(b), the court—
(i) must make an order under section 29 if it is satisfied
as mentioned in subsection (4) of that section, and
(ii) if it does so, must comply with subsection (5) of that
section.
(3) Subsection (2) does not enable or require an order under sec tion 28
or 29 to be made where the court is satisfied that it had consi dered
the making of an order under that section at the time when itimposed the qualifying sentence or made the relevant order.”
3 (1) Section 30 (supplemental provisions) is amended as follows.
(2) In the heading for “and 29” there is substituted “to 29B”.(3) In subsection (1)—
(a) for “and 29” there is substituted “to 29B”, and
(b) in the definition of “qualifying sentence”, after paragraph (d) there is
inserted—
“(dd)  a sentence of detention under section 198 or 200 of the
Criminal Justice Act 2003,”.
(4) In subsection (5)—
(a) in paragraph (a), for “or 29” there is substituted “, 29 or 29A”,
(b) after paragraph (b) there is inserted—
“(c) in relation to an individual to whom section 29A applies an d
on whom a sentence has been passed, references to hissentence are to that sentence.”
4 In section 31 (appeals), in subsection (1), after paragraph (b ) there is
inserted—
“(c) where an order is made under section 29A, as if the order
were a sentence passed on him for the offence of which he hasbeen convicted.”
5 (1) Section 33 (conditions for application under section 32) is  a m e n d e d  a s
follows.Criminal Justice Act 2003 (c. 44)
Schedule 30 — Disqualification from working with children363
(2) In subsection (6), after paragraph (d) there is inserted—
“(e) in relation to an individual not falling within any of
paragraphs (a) to (d), the day on which the disqualificationorder is made.”.
(3) For subsection (8) there is substituted—
“(8) In subsection (7) “detention” means detention (or detention  and
training)—
(a) under any sentence or order falling within paragraphs (b) to
(f) of the definition of “qualifying sentence” in section 30(1) ,
or
(b) under any sentence or order which would fall within those
paragraphs if it were for a term or period of 12 months ormore.”.
SCHEDULE 31
Section 300
DEFAULT  ORDERS : MODIFICATION  OF PROVISIONS  RELATING  TO COMMUNITY  ORDERS
General
1Any reference to the offender is, in relation to a default ord er, to be read as
a reference to the person in default.
Unpaid work requirement
2 (1) In its application to a default order, section 199 (unpaid work requirement)
is modified as follows.
(2) In subsection (2), for paragraphs (a) and (b) there is subst ituted—
“(a) not less than 20 hours, and
(b) in the case of an amount in default which is specified in th e
first column of the following Table, not more than thenumber of hours set out opposite that amount in the secondcolumn.
(3) Subsection (5) is omitted.TABLE
Amount Number of 
Hours
An amount not exceeding
£20040 hours
An amount exceeding £200
but not exceeding £50060 hours
An amount exceeding £500 100 hours”Criminal Justice Act 2003 (c. 44)
Schedule 31 — Default orders: modification of provisions relati ng to community orders364
Curfew requirement
3 (1) In its application to a default order, section 204 (curfew requirement) is
modified as follows.
(2) After subsection (2) there is inserted—
“(2A) In the case of an amount in default which is specified in the first
column of the following Table, the number of days on which theperson in default is subject to the curfew requirement must notexceed the number of days set out opposite that amount in thesecond column.
Enforcement, revocation and amendment of default order
4 (1) In its application to a default order, Schedule 8 (breach, revocation or
amendment of community orders) is modified as follows.
(2) Any reference to the offence in respect of which the communi ty order was
made is to be taken to be a reference to the default in respect  of which the
default order was made.
(3) Any power of the court to revoke the community order and dea l with the
offender for the offence is to be taken to be a power to revoke  the default
order and deal with him in any way in which the court which mad e the
default order could deal with him for his default in paying the  sum in
question.
(4) In paragraph 4 the reference to the Crown Court is to be tak en as a reference
to a magistrates’ court.
(5) The following provisions are omitted—
(a) paragraph 9(1)(c), (5) and (8),
(b) paragraph 12,
(c) paragraph 13(5),
(d) paragraph 15,
(e) paragraph 17(5),TABLE
Amount Number of 
days
An amount not exceeding
£20020 days
An amount exceeding £200
but not exceeding £50030 days
An amount exceeding £500
but not exceeding £1,00060 days
An amount exceeding
£1,000 but not exceeding£2,50090 days
An amount exceeding
£2,500180 days”Criminal Justice Act 2003 (c. 44)
Schedule 31 — Default orders: modification of provisions relati ng to community orders365
(f) paragraph 21(4), and
(g) paragraph 23(2)(b).
Power to alter amount of money or number of hours or days
5 The Secretary of State may by order amend paragraph 2 or 3 by substituting
for any reference to an amount of money or a number of hours or  days there
specified a reference to such other amount or number as may be specified in
the order.
Transfer of default orders to Scotland or Northern Ireland
6 In its application to a default order, Schedule 9 (transfer of  community
orders to Scotland or Northern Ireland) is modified as follows.
7 After paragraph 8 there is inserted—
“8A Nothing in paragraph 8 affects the application of section 30 0(7) to
a default order made or amended in accordance with paragraph 1or 3.”
8 In paragraph 10, after paragraph (b) there is inserted—
“(bb) any power to impose a fine on the
offender.”
SCHEDULE 32
Section 304
AMENDMENTS  RELATING  TO SENTENCING
PART 1
GENERAL
Piracy Act 1837 (c. 88)
1Section 3 of the Piracy Act 1 837 (punishment for offence under  certain
repealed Acts relating to piracy) shall cease to have effect.
Children and Young Persons Act 1933 (c. 12)
2 (1) Section 49 of the Children and Young Persons Act 1933 (rest rictions on
reports of proceedings in which young persons are concerned) is  amended
as follows.
(2) In subsection (4A)(d), for “section 62(3) of the Powers of C riminal Courts
(Sentencing) Act 2000” there is substituted “section 222(1)(d) or (e) of the
Criminal Justice Act 2003”.
(3) In subsection (11)—
(a) in the definition of “sexual offence”, for “has the same mea ning as in
the Powers of Criminal Courts (Sentencing) Act 2000” there issubstituted “means an offence listed in Part 2 of Schedule 15 t o the
Criminal Justice Act 2003”, and
(b) in the definition of “violent offence”, for “has the same me aning as in
the Powers of Criminal Courts (Sentencing) Act 2000” there isCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General366
substituted “means an offence listed in Part 1 of Schedule 15 t o the
Criminal Justice Act 2003”.
Prison Act 1952 (c. 52)
3 In section 53 of the Prison Act 1952 (interpretation), for “se ction 62 of the
Powers of Criminal Courts (Sentencing) Act 2000” there is subst ituted
“section 221 of the Criminal Justice Act 2003”.
Criminal Justice Act 1967 (c. 80)
4 The Criminal Justice Act 1967 is amended as follows.
5 In section 32 (amendments of Costs in Criminal Cases Act 1952) , in
subsection (3)(a), for “make an order under paragraph 5 of Sche dule 2 to the
Powers of Criminal Courts (Sentencing) Act 2000 (probation orde rs
requiring treatment for mental condition) or” there is substitu ted “include in
a community order (within the meaning of Part 12 of the Crimina l Justice
Act 2003) a mental health requirement under section 207 of that  Act or make
an order under”.
6 In section 104 (general provisions as to interpretation)_
(a) in subsection (1), the definition of “suspended sentence” is  omitted,
and
(b) subsection (2) is omitted.
Criminal Appeal Act 1968 (c. 19)
7 The Criminal Appeal Act 1968 is amended as follows.
8 (1) Section 10 (appeal against sentence in cases dealt with by Crown Court
otherwise than on conviction on indictment) is amended as follo ws.
(2) In subsection (2) —
(a) in paragraph (b), for “or a community order within the meani ng of
the Powers of Criminal Courts (Sentencing) Act 2000” there issubstituted “a youth community order within the meaning of thePowers of Criminal Courts (Sentencing) Act 2000 or a communityorder within the meaning of Part 12 of the Criminal Justice Act  2003”,
and
(b) paragraph (c) and the word “or” immediately preceding it are
omitted.
9 In section 11 (supplementary provisions as to appeal against s entence),
subsection (4) is omitted.
10 In Schedule 2 (procedural and other provisions applicable on order for
retrial), in paragraph 2(4), for the words from the beginning t o “apply” there
is substituted “Section 240 of the Criminal Justice Act 2003 (c rediting of
periods of remand in custody: terms of imprisonment and detenti on) shall
apply”.
Firearms Act 1968 (c. 27)
11 The Firearms Act 1968 is amended as follows.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General367
12 (1) Section 21 (possession of firearms by persons previously c onvicted of crime)
is amended as follows.
(2) In subsection (2A), after paragraph (c) there is inserted—
“(d) in the case of a person who has been subject to a sentence of
imprisonment to which an intermittent custody order undersection 183(1)(b) of the Criminal Justice Act 2003 relates, thedate of his final release.”
(3) After subsection (2A) there is inserted—
“(2B) A person who is serving a sentence of imprisonment to whic h an
intermittent custody order under section 183 of the Criminal Ju stice
Act 2003 relates shall not during any licence period specified for the
purposes of subsection (1)(b)(i) of that section have a firearm  o r
ammunition in his possession.”.
(4) In subsection (3)(b), for “probation order” there is substit uted “community
order”.
(5) After subsection (3) there is inserted—
“(3ZA) In subsection (3)(b) above, “community order” means—
( a ) a  c o m m u n i t y  o r d e r  w i t h i n  t h e  m e a n i n g  o f  P a r t  12  o f  t h e
Criminal Justice Act 2003 made in England and Wales, or
(b) a probation order made in Scotland.”
(6) In subsection (6), after “(2)” there is inserted “, (2B)”.
13 (1) Section 52 (forfeiture and disposal of firearms; cancellat ion of certificate by
convicting court) is amended as follows.
(2) In subsection (1)(c), for “probation order” there is substit uted “community
order”.
(3) After subsection (1) there is inserted —
“(1A) In subsection (1)(c) “community order” means—
( a ) a  c o m m u n i t y  o r d e r  w i t h i n  t h e  m e a n i n g  o f  P a r t  12  o f  t h e
Criminal Justice Act 2003 made in England and Wales, or
(b) a probation order made in Scotland.”
Social Work (Scotland) Act 1968 (c. 49)
14 In section 94 of the Social Work (Scotland) Act 1968 (interpr etation), in the
definition of “probation order” in subsection (1), for “communi ty
rehabilitation order” there is substituted “community order wit hin the
meaning of Part 12 of the Criminal Justice Act 2003”.
Children and Young Persons Act 1969 (c. 54)
15 In section 23 of the Children and Young Persons Act 1969 (rem ands and
committals to local authority accommodation), for the definitio n of “sexual
offence” and “violent offence” in subsection (12) there is subs tituted—
“sexual offence” means an offence specified in Part 2 of Schedu le 15 to
the Criminal Justice Act 2003;
“violent offence” means murder or an offence specified in Part 1 o f
Schedule 15 to the Criminal Justice Act 2003;”.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General368
Immigration Act 1971 (c. 77)
16 In section 7 of the Immigration Act 1971 (exemption from depo rtation for
certain existing residents), in subsection (4), for “section 67  of the Criminal
Justice Act 1967” there is substituted “section 240 of the Crim inal Justice Act
2003”.
Thames Barrier and Flood Prevention Act 1972 (c. xiv)
17 In section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders
for carrying out certain defence works), in subsection (3)(a)(i i), for “six
months” there is substituted “12 months”.
Rehabilitation of Offenders Act 1974 (c. 53)
18 (1) Section 5 of the Rehabilitation of Offenders Act 1974 (reh abilitation periods
for particular offences) is amended as follows.
(2) In subsection (1)—
(a) at the end of paragraph (e), there is inserted “and”, and
(b) after that paragraph, there is inserted the following paragr aph—
“(f) a sentence of imprisonment for public protection
under section 225 of the Criminal Justice Act 2003, asentence of detention for public protection undersection 226 of that Act or an extended sentence undersection 227 or 228 of that Act”
(3) In subsection (4A), after the words “probation order” there is inserted “or a
community order under section 177 of the Criminal Justice Act 2 003”.
Armed Forces Act 1976 (c. 52)
19 (1) Section 8 of the Armed Forces Act 1976 (powers of Standing  Civilian Courts
in relation to civilians) is amended as follows.
(2) In subsection (1)(a), for “six months” there is substituted “twelve months”.
(3) In subsection (2), for “12 months” there is substituted “65 weeks”.
Bail Act 1976 (c. 63)
20 The Bail Act 1976 is amended as follows.
21(1 ) Section 2 (other definitions) is amended as follows.
(2) In subsection (1)(d)—
(a) the words “placing the offender on probation or” are omitted , and
(b) for “him” there is substituted “the offender”.
(3) In subsection (2), in the definition of “probation hostel”, for the words from
“by” onwards there is substituted “by a community order under s ection 177
of the Criminal Justice Act 2003”.
22 In section 4 (general right to bail of accused persons and ot hers), in
subsection (3), for the words from “to be dealt with” onwards t here is
substituted “or the Crown Court to be dealt with under—Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General369
(a) Part 2 of Schedule 3 to the Powers of Criminal Courts
(Sentencing) Act 2000 (breach of certain youth communityorders), or
(b) Part 2 of Schedule 8 to the Criminal Justice Act 2003 (breac h
of requirement of community order).”
23 In Part 3 of Schedule 1 (interpretation), in the definition o f “default” in
paragraph 4, for the words from “Part II” onwards there is subs tituted “Part
2 of Schedule 8 to the Criminal Justice Act 2003 (breach of req uirement of
order)”.
Criminal Law Act 1977 (c. 45)
24 In section 3 of the Criminal Law Act 1977 (penalties for cons piracy), in
subsection (1), for “section 127 of the Powers of Criminal Cour ts
(Sentencing) Act 2000” there is substituted “section 163 of the  Criminal
Justice Act 2003”.
Magistrates’ Courts Act 1980 (c. 43)
25 The Magistrates’ Courts Act 1980 is amended as follows.
26 In section 11 (non appearance of accused), in subsection (3),  for “section 119
of the Powers of Criminal Courts (Sentencing) Act 2000” there i s substituted
“paragraph 8(2)(a) or (b) of Schedule 12 to the Criminal Justic e Act 2003”.
27 In section 33 (maximum penalties on summary conviction in pur suance of
section 22), in subsection (1)(a), for “3 months” there is subs tituted “51
weeks”.
28 In section 85 (power to remit fine), in subsection (2A), for “section 35(2)(a) or
(b) of the Crime (Sentences) Act 1997” there is substituted “se ction 300(2) of
the Criminal Justice Act 2003”.
29 In section 131 (remand of accused already in custody), after subsection (2)
there is inserted—
“(2A) Where the accused person is serving a sentence of imprison ment to
which an intermittent custody order under section 183 of theCriminal Justice Act 2003 relates, the reference in subsection (2) to the
expected date of his release is to be read as a reference to th e expected
date of his next release on licence.”.
30 In section 133 (consecutive terms of imprisonment), in subsec tion (1), for
“Subject to section 84 of the Powers of Criminal Courts (Senten cing) Act
2000,” there is substituted “Subject to section 265 of the Crim inal Justice Act
2003,”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55 )
31In Schedule 1  to the Law Reform (Miscellaneous Provisions) (S cotland) Act
1980 (ineligibility for and disqualification and excusal from j ury service), in
Part 2, in paragraph (bb), for sub-paragraph (v) there is subst ituted—
“(v) a community order within the
meaning of section 177 of the CriminalJustice Act 2003;Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General370
(va) a youth community order as defined
by section 33 of the Powers of CriminalCourts (Sentencing) Act 2000;”.
Public Passenger Vehicles Act 1981 (c. 14)
32 (1) In Schedule 3 to the Public Passenger Vehicles Act 1981 (s upplementary
provisions as to qualifications for PSV operators licence), par a g r a p h  1 i s
amended as follows.
(2) In sub-paragraph (4)(a), for “a community service order for more than sixty
hours” there is substituted “a community order requiring the of fender to
perform unpaid work for more than sixty hours”.
(3) In sub-paragraph (6), for the words from ““a community” onwa rds there is
substituted ““a community order” means an order under section 1 77 of the
Criminal Justice Act 2003, a community punishment order made be fore the
commencement of that section or a community service order under  the
Community Service by Offenders (Scotland) Act 1978”.
Criminal Attempts Act 1981 (c. 47)
33 In section 4 of the Criminal Attempts Act 1981 (trials and pe nalties), in
subsection (5)(b), for sub-paragraph (ii) there is substituted—
“(ii) in section 154(1) and (2) (general limit on magistrates’ c ourt’s
powers to impose imprisonment) of the Criminal Justice Act2003.”.
Criminal Justice Act 1982 (c. 48)
34 The Criminal Justice Act 1982 is amended as follows.
35 In section 32 (early release of prisoners), in subsection (1) (a), after “life” there
is inserted “, imprisonment for public protection under section  225 of the
Criminal Justice Act 2003 or an extended sentence under section  227 of that
Act”.
36 (1) Part 3 of Schedule 13 (reciprocal arrangements (Northern I reland): persons
residing in England and Wales or Scotland) is amended as follow s.
(2) In paragraph 7—
(a) in sub-paragraph (2)(b), for “such orders” there is substitu ted “an
unpaid work requirement of a community order (within themeaning of Part 12 of the Criminal Justice Act 2003)”, and
(b) in sub-paragraph (3)(b), for the words from “community servi ce
orders” onwards there is substituted “community orders within t he
meaning of Part 12 of the Criminal Justice Act 2003 conferred o n
responsible officers by that Part of that Act.”.
(3) For paragraph 9(3) there is substituted—
“(3) Subject to the following provisions of this paragraph—
(a) a community service order made or amended in the
circumstances specified in paragraph 7 above shall betreated as if it were a community order made in Englandand Wales under section 177 of the Criminal Justice Act2003 and the provisions of Part 12 of that Act (so far asrelating to such orders) shall apply accordingly; andCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General371
(b) a community service order made or amended in the
circumstances specified in paragraph 8 above shall betreated as if it were a community service order made inScotland and the legislation relating to community serviceorders in Scotland shall apply accordingly.”
(4) In paragraph 9(4)(a), after “community service orders” there  is inserted “or,
as the case may be, community orders (within the meaning of Par t 12 of the
Criminal Justice Act 2003)”.
(5) In paragraph 9(5), after “a community service order” there i s inserted “or, as
the case may be, a community order (within the meaning of Part 12 of the
Criminal Justice Act 2003)”.
(6) In paragraph 9(6)—
(a) after “community service orders”, where first occurring, the re is
inserted “or, as the case may be, community orders (within themeaning of Part 12 of the Criminal Justice Act 2003)”, and
(b) in paragraph (b)(i), for “the Powers of Criminal Courts (Sen tencing)
Act 2000” there is substituted “Part 12 of the Criminal Justice  Act
2003”.
Mental Health Act 1983 (c. 20)
37 The Mental Health Act 1983 is amended as follows.
38 In section 37 (powers of courts to order hospital admission o r
guardianship)—
(a) in subsection (1), the words “or falls to be imposed under s ection
109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are
omitted,
(b) for subsections (1A) and (1B) there is substituted —
“(1A) In the case of an offence the sentence for which would
otherwise fall to be imposed—
(a) under section 51A(2) of the Firearms Act 1968,
(b) under section 110(2) or 111(2) of the Powers of
Criminal Courts (Sentencing) Act 2000, or
(c) under any of sections 225 to 228 of the Criminal
Justice Act 2003,
nothing in those provisions shall prevent a court from
making an order under subsection (1) above for theadmission of the offender to a hospital.
(1B) References in subsection (1A) above to a sentence falling t o be
imposed under any of the provisions mentioned in thatsubsection are to be read in accordance with section 305(4) ofthe Criminal Justice Act 2003.”
(c) in subsection (8), for “probation order” there is substitute d
“community order (within the meaning of Part 12 of the CriminalJustice Act 2003)”.
39 In section 45A (powers of higher courts to direct hospital ad mission), in
subsection (1)(b), the words from “except” to “1997” are omitte d.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General372
Repatriation of Prisoners Act 1984 (c. 47)
40 The Repatriation of Prisoners Act 1984 is amended as follows.
41In section 2 (transfer out of the United Kingdom), in subsect ion (4)(b), for
sub-paragraph (i) there is substituted—
“(i) released on licence under section 28(5) of the Crime
(Sentences) Act 1997 or under section 244 or 246 of theCriminal Justice Act 2003; or”.
42 In section 3 (transfer into the United Kingdom), subsection ( 9) is omitted.
43 (1) The Schedule (operation of certain enactments in relation to the prisoner) is
amended as follows in relation to prisoners repatriated to Engl and and
Wales.
(2) In paragraph 2, for sub-paragraphs (1A) and (2) there is sub stituted—
“(2) If the warrant specifies a period to be taken into account for the
purposes of this paragraph, the amount of time the prisoner hasserved shall, so far only as the question whether he has served  a
particular part of a life sentence is concerned, be deemed to b e
increased by that period.
(3) Where the prisoner’s sentence is for a term of less than twe lve
months, Chapter 6 of Part 12 of the Criminal Justice Act 2003 s hall
apply as if the sentence were for a term of twelve months or mo re.
(4) In this paragraph—
“the enactments relating to release on licence” means
section 28(5) and (7) of the Crime (Sentences) Act 1997and Chapter 6 of Part 12 of the Criminal Justice Act 2003;
“sentence”, means the provision included in the warrant
which is equivalent to sentence.”.
(3) Paragraph 3 is omitted.
Police and Criminal Evidence Act 1984 (c. 60)
44 In section 38 of the Police and Criminal Evidence Act 1984 (d uties of custody
officer after charge), for the definitions of “sexual offence” and “violent
offence” in subsection (6A) there is substituted—
““sexual offence” means an offence specified in Part 2 of Sched ule 15 to
the Criminal Justice Act 2003;
“violent offence” means murder or an offence specified in Part 1 of that
Schedule;”.
Criminal Justice Act 1988 (c. 33)
45 The Criminal Justice Act 1988 is amended as follows.
46 In section 36 (reviews of sentencing), in subsection (2), for  the words from
“erred in law” onwards there is substituted—
“(a) erred in law as to his powers of sentencing; or
(b) failed to impose a sentence required by—
(i) section 51A(2) of the Firearms Act 1968;Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General373
(ii) section 110(2) or 111(2) of the Powers of Criminal
Courts (Sentencing) Act 2000; or
(iii) any of sections 225 to 228 of the Criminal Justice Act
2003.”
47 In section 50 (suspended and partly suspended sentences on ce rtain civilians
in courts-martial and Standing Civilian Courts), in subsection (3)(b)(i), for
“Powers of Criminal Courts (Sentencing) Act 2000” there is subs tituted
“Criminal Justice Act 2003”.
Firearms (Amendment) Act 1988 (c. 45)
48 The Firearms (Amendment) Act 1988 is amended as follows.
49 In section 1 (prohibited weapons and ammunition), in subsecti on (4A) after
paragraph (b) there is inserted—
“(bb) may amend subsection (1A)(a) of section 91 of the Powers o f
Criminal Courts (Sentencing) Act 2000 (offenders under 18convicted of certain serious offences: power to detain forspecified period) so as to include a reference to any provisionadded by the order to section 5(1) of the principal Act,
(bc) may amend section 50(5A)(a), 68(4A)(a) or 170(4A)(a) of the
Customs and Excise Management Act 1979 (offences relatingto improper importation or exportation) so as to include areference to anything added by the order to section 5(1) of theprincipal Act,”.
50 In section 27(4) (which relates to Northern Ireland), after “ Except for” there
is inserted “section 1, so far as enabling provision to be made  amending the
Customs and Excise Management Act 1979, and”.
Road Traffic Act 1988 (c. 52)
51In section 1 64 of the Road Traffic Act 1 988 (power of constab les to require
production of driving licence and in certain cases statement of  date of birth),
in subsection (5), for “section 40 of the Crime (Sentences) Act  1997” there is
substituted “section 301 of the Criminal Justice Act 2003”.
Road Traffic Offenders Act 1988 (c. 53)
52 The Road Traffic Offenders Act 1988 is amended as follows.
53 In section 27 (production of licence), in subsection (3), for  “section 40 of the
Crime (Sentences) Act 1997” there is substituted “section 301 o f the Criminal
Justice Act 2003”.
54 In section 46 (combination of disqualification and endorsemen t with
probation orders and orders for discharge), in subsection (1), paragraph (a)
and the word “or” following it shall cease to have effect.
Football Spectators Act 1989 (c. 37)
55 The Football Spectators Act 1989 is amended as follows.
56 In section 7 (disqualification for membership of scheme), sub section (9) is
omitted.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General374
57 In section 14E (banning orders: general), after subsection (6 ) there is
inserted—
“(7) A person serving a sentence of imprisonment to which an
intermittent custody order under section 183 of the Criminal Ju stice
Act 2003 relates is to be treated for the purposes of this sect ion as
having been detained in legal custody until his final release; and
accordingly any reference in this section to release is, in rel ation to a
person serving such a sentence, a reference to his final releas e.”
58 In section 18 (information), after subsection (4) there is in serted—
“(5) In relation to a person serving a sentence of imprisonment to which
an intermittent custody order under section 183 of the CriminalJustice Act 2003 relates, any reference in this section to his detention
or to his release shall be construed in accordance with section14E(7).”
Children Act 1989 (c. 41)
59 The Children Act 1989 is amended as follows.
60 (1) Section 68 (persons disqualified from being foster parents ) is amended as
follows.
(2) In subsection (2)(d), the words “a probation order has been made in respect
of him or he has been” are omitted.
(3) After subsection (2) there is inserted—
“(2A) A conviction in respect of which a probation order was mad e before
1st October 1992 (which would not otherwise be treated as aconviction) is to be treated as a conviction for the purposes o f
subsection (2)(d).”
61(1 ) In Schedule 9A (child minding and day care for young child ren), paragraph
4 is amended as follows.
(2) In sub-paragraph (2)(g), the words “placed on probation or” are omitted.
(3) At the end there is inserted—
“(7) A conviction in respect of which a probation order was made  before
1st October 1992 (which would not otherwise be treated as aconviction) is to be treated as a conviction for the purposes o f this
paragraph.”.
Criminal Justice Act 1991 (c. 53)
62 The Criminal Justice Act 1991 is amended as follows.
63 Section 65 (supervision of young offenders after release) is omitted.
64 (1) Schedule 3 (reciprocal enforcement of certain orders) is a mended as follows.
(2) In paragraph 10(3)(d), for the words from “paragraph 3 of Sc hedule 2”
onwards there is substituted “section 201 of the Criminal Justi ce Act 2003”.
(3) In paragraph 11(2) —
(a) in paragraph (a)—
(i) for “probation order” there is substituted “community
order”, andCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General375
(ii) after “England and Wales” there is inserted “under section
177 of the Criminal Justice Act 2003”, and
(b) for paragraph (b) there is substituted—
“(b) the provisions of Part 12 of that Act (so far as
relating to such orders) shall apply accordingly.”.
(4) In paragraph 11(3), for paragraphs (a) and (b) there is subs tituted—
“(a) the requirements of Part 12 of the Criminal Justice Act 200 3
relating to community orders (within the meaning of thatPart);
(b) the powers of the home court under Schedule 8 to that Act,
as modified by this paragraph; and”.
(5) In paragraph 11(4), for the words from “probation order made  by a court”
onwards there is substituted “community order made by a court i n England
and Wales under section 177 of the Criminal Justice Act 2003, e xcept a power
conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to  that Act”.
(6) In paragraph 11(5), for “the Powers of Criminal Courts (Sent encing) Act
2000” there is substituted “Part 12 of the Criminal Justice Act  2003”.
Aggravated Vehicle-Taking Act 1992 (c. 11)
65 In section 1 of the Aggravated Vehicle-Taking Act 1992 (new o ffence of
aggravated vehicle taking), in subsection (2)(a), for “section 127 of the
Powers of Criminal Courts (Sentencing) Act 2000” there is subst ituted
“section 163 of the Criminal Justice Act 2003”.
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
66 In section 10 of the Prisoners and Criminal Proceedings (Scot land) Act 1993
(life prisoners transferred to Scotland)—
(a) in subsection (1)—
(i) in paragraph (a), sub-paragraph (i), and the succeeding “or” ,
are omitted, and
(ii) after paragraph (a)(ii) there is inserted “or
(iii) subsections (5) to (8) of section 28
(early release of life prisoners to whomthat section applies) of the Crime(Sentences) Act 1997 (c. 43) (in thissection, the “1997 Act”) apply byvirtue of an order made under section28(2)(b) of that Act (while thatprovision was in force) or an ordermade under section 269(2) of, orparagraph 3(1)(a) of Schedule 22 to,the Criminal Justice Act 2003;”, and
(iii) for “28(2)(b) or 82A(2) or paragraph” there is substituted
“82A(2), 28(2)(b) or 269(2) or paragraph 3(1)(a) or”;
(b) after subsection (1) there is inserted—
“(1AA) This Part of this Act, except section 2(9), applies also to a
transferred life prisoner—
(a) who is transferred from England and Wales on or
after the date on which section 269 of the CriminalJustice Act 2003 comes into force,Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General376
(b) in relation to whom paragraph 3 of Schedule 22 to
that Act applies by virtue of paragraph 2(a) of thatSchedule, but
(c) in respect of whom, under the paragraph so
applying, no order has been made,
as if the prisoner were a life prisoner within the meaning
of section 2 of this Act and the punishment part of hissentence within the meaning of that section were thenotified minimum term defined by paragraph 3(4) of thatSchedule.”; and
(c) in subsection (5)(b)—
(i) for “the Crime (Sentences) Act 1997” there is substituted “t he
1997 Act”, and
(ii) after the words “Powers of Criminal Courts (Sentencing) Act
2000 (c. 6)” there is inserted “section 269(2) of, or paragraph3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003,”.
Criminal Justice and Public Order Act 1994 (c. 33)
67 In section 25 of the Criminal Justice and Public Order Act 19 94 (no bail for
defendants charged with or convicted of homicide or rape after previous
conviction of such offences), in paragraph (c) of the definitio n of
“conviction” in subsection (5)—
(a) the words “placing the offender on probation or” are omitted , and
(b) for “him” there is substituted “the offender”.
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
68 (1) In Schedule 3 to the Goods Vehicles (Licensing of Operator s) Act 1995
(qualifications for standard licence), paragraph 3 is amended a s follows.
(2) In sub-paragraph (2)(a), for “exceeding three months” there is substituted
“of 12 months or more or, before the commencement of section 18 1 of the
Criminal Justice Act 2003, a term exceeding 3 months”.
(3) In sub-paragraph (2)(c), for “community service order” there  is substituted
“community order”.
(4) For sub-paragraph (3)(b), there is substituted—
“(b) “community order” means a community order under
section 177 of the Criminal Justice Act 2003, a communitypunishment order made under section 46 of the Powers ofCriminal Courts (Sentencing) Act 2000 or a communityservice order under the Community Service by Offenders(Scotland) Act 1978.”.
Criminal Procedure (Scotland) Act 1995 (c. 46)
69 The Criminal Procedure (Scotland) Act 1995 is amended as foll ows.
70 (1) Section 234 (probation orders: persons residing in England  and Wal es)  is
amended as follows.
(2) In subsection (1), the words after paragraph (b) are omitted .
(3) For subsection (2) there is substituted—Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General377
“(2) Subsection (1) above applies to any probation order made un der
section 228 unless the order includes requirements which are mo re
onerous than those which a court in England and Wales couldimpose on an offender under section 177 of the Criminal Justice  Act
2003.”
(4) In subsection (3), the words from “or to vary” to “one hundr ed” are omitted.
(5) In subsection (4)—
(a) in paragraph (a)—
(i) for “paragraph 5(3) of Schedule 2 to the 2000 Act” there is
substituted “section 207(2) of the Criminal Justice Act 2003”,
(ii) for “or, as the case may be, community rehabilitation order s”
there is substituted “or, as the case may be, communityorders under Part 12 of that Act”, and
(iii) for “paragraph 5 of the said Schedule 2” there is substitu ted
“section 207 of the Criminal Justice Act 2003”, and
(b) in paragraph (b), for “sub-paragraphs (5) to (7) of the said  paragraph
5” there is substituted “sections 207(4) and 208(1) and (2) of the
Criminal Justice Act 2003”.
(6) After subsection (4) there is inserted—
“(4A) A probation order made or amended under this section must specify
as the corresponding requirements for the purposes of this sect ion
requirements which could be included in a community order madeunder section 177 of the Criminal Justice Act 2003.”
(7) In subsection (5), for “Schedule 3” onwards there is substit uted “Schedule 8
to the Criminal Justice Act 2003 shall apply as if it were a co mmunity order
made by a magistrates’ court under section 177 of that Act and imposing the
requirements specified under subsection (4A) above”.
(8) For subsection (6) there is substituted—
“(6) In its application to a probation order made or amended und er this
section, Schedule 8 to the Criminal Justice Act 2003 has effect  subject
to the following modifications—
(a) any reference to the responsible officer has effect as a
reference to the person appointed or assigned undersubsection (1)(a) above,
(b) in paragraph 9—
(i) paragraphs (b) and (c) of sub-paragraph (1) are
omitted,
(ii) in sub-paragraph (6), the first reference to the Crown
Court has effect as a reference to a court in Scotland,and
(iii) any other reference in sub-paragraphs (6) or (7) to the
Crown Court has effect as a reference to the court inScotland, and
(c) Parts 3 and 5 are omitted.”
(9) In subsection (10)—
(a) for the words from “paragraph 6” to “community rehabilitatio n
orders” there is substituted “paragraph 8 of Schedule 9 (whichrelates to community orders”, andCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General378
(b) for “an order made under section 41” there is substituted “a
community order made under Part 12”.
71In section 242 (community service orders: persons residing in  England and
Wales)—
(a) in subsection (1)—
(i) in paragraph (a)(ii), for “a community punishment order”
there is substituted “an unpaid work requirement imposedby a community order (within the meaning of Part 12 of theCriminal Justice Act 2003)”, and
(ii) in paragraph (a)(iii), for “community punishment orders
made under section 46 of the Powers of Criminal Courts(Sentencing) Act 2000” there is substituted “unpaid workrequirements imposed by community orders made undersection 177 of the Criminal Justice Act 2003”,
(b) in subsection (2)(b), for “community punishment orders made under
section 46 of the Powers of Criminal Courts (Sentencing) Act 20 00”
there is substituted “unpaid work requirements imposed bycommunity orders made under section 177 of the Criminal JusticeAct 2003”, and
(c) in subsection (3)(b), for “in respect of community punishmen t orders
conferred on responsible officers by the Powers of Criminal Cou rts
(Sentencing) Act 2000” there is substituted “conferred on respo nsible
officers by Part 12 of the Criminal Justice Act 2003 in respect  o f
unpaid work requirements imposed by community orders (withinthe meaning of that Part)”.
72 In section 244 (community service orders: provisions relating  to persons
living in England and Wales or Northern Ireland)—
(a) in subsection (3)(a)—
(i) for “community punishment order” there is substituted
“community order (within the meaning of Part 12 of theCriminal Justice Act 2003)”, and
(ii) for “community punishment orders” there is substituted
“such community orders”,
(b) in subsection (4)(a), for “community punishment orders” ther e is
substituted “community orders (within the meaning of Part 12 of  the
Criminal Justice Act 2003)”,
(c) in subsection (5), for “community punishment order” there is
substituted “a community order (within the meaning of Part 12 o f the
Criminal Justice Act 2003)”, and
(d) in subsection (6)—
(i) for “community punishment orders”, where first occurring,
there is substituted “community orders (within the meaningof Part 12 of the Criminal Justice Act 2003)”, and
(ii) in paragraph (b)(ii), for “the Powers of Criminal Courts
(Sentencing) Act 2000” there is substituted “Part 12 of theCriminal Justice Act 2003”.
Education Act 1996 (c. 56)
73 In section 562 of the Education Act 1996 (Act not to apply to  persons
detained under order of a court), for “probation order” there i s substituted
“community order under section 177 the Criminal Justice Act 200 3”.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General379
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))
74 The Criminal Justice (Northern Ireland) Order 1996 is amended  as follows.
75 In Article 2 (interpretation) after paragraph (8) there is in serted—
“(9) For the purposes of this Order, a sentence falls to be impo sed under
paragraph (2) of Article 52A of the Firearms (Northern Ireland)Order 1981 if it is required by that paragraph and the court is  not of
the opinion there mentioned.”
76 In Article 4 (absolute and conditional discharge), in paragra ph (1), for “(not
being an offence for which the sentence is fixed by law)” there  is substituted
“(not being an offence for which the sentence is fixed by law o r falls to be
imposed under Article 52A(2) of the Firearms (Northern Ireland)  Order
1981)”.
77 In Article 10 (probation orders), in paragraph (1) for “(not being an offence
for which the sentence is fixed by law)” there is substituted “ (not being an
offence for which the sentence is fixed by law or falls to be i mposed under
Article 52A(2) of the Firearms (Northern Ireland) Order 1981)”.
78 (1) Article 13 (community service orders) is amended as follow s.
(2) In paragraph (1) for “(not being an offence for which the se ntence is fixed by
law)” there is substituted “(not being an offence for which the  sentence is
fixed by law or falls to be imposed under Article 52A(2) of the  Firearms
(Northern Ireland) Order 1981)”.
(3) In paragraph (4)(b) as it has effect pursuant to paragraph 7 (1) of Schedule 13
to the Criminal Justice Act 1982 (reciprocal arrangements), for  “such orders”
there is substituted “an unpaid work requirement of a community  order
(within the meaning of Part 12 of the Criminal Justice Act 2003 )”.
79 In Article 15 (orders combining probation and community servi ce), in
paragraph (1) for “(not being an offence for which the sentence  is fixed by
law)” there is substituted “(not being an offence for which the  sentence is
fixed by law or falls to be imposed under Article 52A(2) of the  Firearms
(Northern Ireland) Order 1981)”.
80 In Article 19 (restrictions on imposing custodial sentences),  at the end of
paragraph (1) there is inserted “or falling to be imposed under  Article 52A(2)
of the Firearms (Northern Ireland) Order 1981”.
81(1 ) In Article 20 (length of custodial sentences), at the end of paragraph (1) there
is inserted “or falling to be imposed under Article 52A(2) of t he Firearms
(Northern Ireland) Order 1981”.
(2) In Article 24 (custody probation orders), in paragraph (1) f or “other than one
fixed by law” there is substituted “, other than an offence for  which the
sentence is fixed by law or falls to be imposed under Article 5 2A(2) of the
Firearms (Northern Ireland) Order 1981,”.
Crime (Sentences) Act 1997 (c. 43)
82 The Crime (Sentences) Act 1997 is amended as follows.
83 (1) Section 31 (duration and conditions of licences) is amende d as follows.
(2) In subsection (3), for the words from “except” onwards there  is substituted
“except in accordance with recommendations of the Parole Board” .Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General380
(3) Subsection (4) is omitted.
(4) In subsection (6), for “section 46(3) of the 1991 Act” there  is substituted
“section 259 of the Criminal Justice Act 2003”.
84 In section 32 (recall of life prisoners while on licence) for  subsection (5) there
is substituted—
“(5) Where on a reference under subsection (4) above the Parole Board
directs the immediate release on licence under this section of the life
prisoner, the Secretary of State shall give effect to the direc tion.”
85 (1)  Schedule 1 (transfers of prisoners within the British Isl ands) is amended as
follows.
(2) In paragraph 6, after sub-paragraph (3) there is inserted—
“(4) In this Part of this Schedule—
“the 2003 Act” means the Criminal Justice Act 2003;
“custody plus order” has the meaning given by section
181(4) of that Act;
“intermittent custody order” has the meaning given by
section 183(2) of that Act.”
(3) In paragraph 8 (restricted transfers from England and Wales to Scotland)—
(a) for sub-paragraph (2)(a) there is substituted—
“(a) sections 241, 244, 247 to 252 and 254 to 264 of the
2003 Act (fixed-term prisoners) or, as the case mayrequire, sections 102 to 104 of the Powers ofCriminal Courts (Sentencing) Act 2000 (detentionand training orders) or sections 28 to 34 of this Act(life sentences) shall apply to him in place of thecorresponding provisions of the law of Scotland;
(aa) sections 62 and 64 of the Criminal Justice and Court
Services Act 2000 (which relate to licenceconditions) shall apply to him in place of thecorresponding provisions of the law of Scotland;
(ab) where a custody plus order or intermittent custody
order has effect in relation to him, the provisions ofChapters 3 and 4 of Part 12 of the 2003 Act relatingto such orders shall also apply to him (subject toSchedule 11 to that Act); and”, 
(b) for sub-paragraph (4)(a) there is substituted—
“(a) sections 241, 249 to 252 and 254 to 264 of the 2003
Act (fixed-term prisoners) or, as the case mayrequire, sections 103 and 104 of the Powers ofCriminal Courts (Sentencing) Act 2000 (detentionand training orders) or sections 31 to 34 of this Act(life sentences) shall apply to him in place of thecorresponding provisions of the law of Scotland;
(aa) sections 62 and 64 of the Criminal Justice and Court
Services Act 2000 (which relate to licenceconditions) shall apply to him in place of thecorresponding provisions of the law of Scotland;
(ab) where a custody plus order or intermittent custody
order has effect in relation to him, the provisions ofChapters 3 and 4 of Part 12 of the 2003 Act relatingCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General381
to such orders shall also apply to him (subject to
Schedule 11 to that Act); and”, and
(c) for sub-paragraphs (5) to (7) there is substituted—
“(5) Section 31(2A) of this Act (conditions as to supervision
after release), as applied by sub-paragraph (2) or (4) above,shall have effect as if for paragraphs (a) to (c) there weresubstituted the words “a relevant officer of such localauthority as may be specified in the licence”.
“(6) Any provision of sections 102 to 104 of the Powers of
Criminal Courts (Sentencing) Act 2000 which is applied bysub-paragraph (2) or (4) above shall have effect (as soapplied) as if—
(a) any reference to secure accommodation were a
reference to secure accommodation within themeaning of Part 2 of the Children (Scotland) Act1995 or a young offenders institution providedunder section 19(1)(b) of the Prisons (Scotland) Act1989,
(b) except in section 103(2), any reference to the
Secretary of State were a reference to the ScottishMinisters,
(c) any reference to an officer of a local probation
board were a reference to a relevant officer asdefined by section 27(1) of the Prisoners andCriminal Proceedings (Scotland) Act 1993,
(d) any reference to a youth court were a reference to a
sheriff court,
(e) in section 103, any reference to a petty sessions area
were a reference to a local government area withinthe meaning of the Local Government etc.(Scotland) Act 1994,
(f) in section 103(3), for paragraphs (b) and (c) there
were substituted a reference to an officer of a localauthority constituted under that Act for the localgovernment area in which the offender resides forthe time being,
(g) section 103(5) were omitted,
(h) in section 104, for subsection (1) there were
substituted—
“(1) Where a detention and training order is in force in
respect of an offender and it appears on informationto a sheriff court having jurisdiction in the locality inwhich the offender resides that the offender has failedto comply with requirements under section 103(6)(b),the court may—
(a) issue a citation requiring the offender to
appear before it at the time specified in thecitation, or
(b) issue a warrant for the offender’s arrest.”,
(i) section 104(2) were omitted, andCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General382
(j) in section 104(6), the reference to the Crown Court
were a reference to the High Court of Justiciary.”
(4) In paragraph 9 (restricted transfers from England and Wales to Northern
Ireland)—
(a) for sub-paragraph (2)(a) there is substituted—
“(a) sections 241, 244, 247 to 252 and 254 to 264 of the
2003 Act (fixed-term prisoners) or, as the case mayrequire, sections 102 to 104 of the Powers ofCriminal Courts (Sentencing) Act 2000 (detentionand training orders) or sections 28 to 34 of this Act(life sentences) shall apply to him in place of thecorresponding provisions of the law of NorthernIreland;
(aa) sections 62 and 64 of the Criminal Justice and Court
Services Act 2000 (which relate to licenceconditions) shall apply to him in place of thecorresponding provisions of the law of NorthernIreland;
(ab) where a custody plus order or intermittent custody
order has effect in relation to him, the provisions ofChapters 3 and 4 of Part 12 of the 2003 Act relatingto such orders shall apply to him (subject toSchedule 11 to that Act); and”, 
(b) for sub-paragraph (4)(a) there is substituted—
“(a) sections 241, 249 to 252 and 254 to 264 of the 2003
Act (fixed-term prisoners) or, as the case mayrequire, sections 103 and 104 of the Powers ofCriminal Courts (Sentencing) Act 2000 (detentionand training orders) or sections 31 to 34 of this Act(life sentences) shall apply to him in place of thecorresponding provisions of the law of NorthernIreland;
(aa) sections 62 and 64 of the Criminal Justice and Court
Services Act 2000 (which relate to licenceconditions) shall apply to him in place of thecorresponding provisions of the law of NorthernIreland;
(ab) where a custody plus order or intermittent custody
order has effect in relation to him, the provisions ofChapters 3 and 4 of Part 12 of the 2003 Act relatingto such orders shall apply to him (subject toSchedule 11 to that Act); and”, 
(c) for sub-paragraphs (5) to (7) there is substituted—
“(5) Section 31(2A) of this Act (conditions as to supervision
after release), as applied by sub-paragraph (2) or (4) above,shall have effect as if for paragraphs (a) to (c) there weresubstituted the words “a probation appointed for orassigned to the petty sessions district within which theprisoner for the time being resides”.”
(5) In paragraph 15 (unrestricted transfers: general provisions) , sub-paragraph
(5) is omitted.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General383
86 In Schedule 2 (repatriation of prisoners to the British Islan ds) paragraphs 2
and 3 are omitted.
Crime and Disorder Act 1998 (c. 37)
87 The Crime and Disorder Act 1998 is amended as follows.
88 In section 18 (interpretation etc. of Chapter 1)—
(a) after the definition of “responsible officer” in subsection (1) there is
inserted—
““serious harm” shall be construed in accordance with section
224 of the Criminal Justice Act 2003;”; and
(b) subsection (2) is omitted.
89 (1) Section 38 (local provision of youth justice services) is amended as follows.
(2) In subsection (4)(g), for “probation order, a community serv ice order or a
combination order” there is substituted “community order under section 177
of the Criminal Justice Act 2003”.
(3) In subsection (4)(i), after “1997 Act”)” there is inserted “ or by virtue of
conditions imposed under section 250 of the Criminal Justice Ac t 2003”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
90 The Powers of Criminal Courts (Sentencing) Act 2000 is amende d as follows.
91(1 ) Section 6 (committal for sentence in certain cases where o ffender committed
in respect of another offence) is amended as follows.
(2) In subsection (3)(b), for “section 120(1) below” there is su bstituted
“paragraph 11(1) of Schedule 12 to the Criminal Justice Act 200 3”.
(3) For subsection (4)(e), there is substituted—
“(e) paragraph 11(2) of Schedule 12 to the Criminal Justice Act
2003 (committal to Crown Court where offender convictedduring operational period of suspended sentence).”.
92 In section 7 (power of Crown Court on committal for sentence under section
6), in subsection (2), for “section 119 below” there is substit uted “paragraphs
8 and 9 of Schedule 12 to the Criminal Justice Act 2003”.
93 In section 12 (absolute and conditional discharge)— 
(a) in subsection (1) for “109(2), 110(2) or 111(2) below” there  i s
substituted “section 110(2) or 111(2) below, section 51A(2) of the
Firearms Act 1968 or section 225, 226, 227 or 228 of the Crimin al
Justice Act 2003)”, and
(b) subsection (4) (duty to explain effect of order for conditio nal
discharge) is omitted.
94 In the heading to Part 4, and the heading to Chapter 1 of tha t Part, for
“COMMUNITY ORDERS” there is substituted “YOUTH COMMUNITYORDERS”.
95 For section 33 there is substituted—Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General384
“33 Meaning of “youth community order” and “community sentence”
(1) In this Act “youth community order” means any of the followi ng
orders—
(a) a curfew order;
(b) an exclusion order;
(c) an attendance centre order;
(d) a supervision order;
(e) an action plan order.
(2) In this Act “community sentence” means a sentence which cons ists
of or includes—
(a) a community order under section 177 of the Criminal Justice
Act 2003, or
(b) one or more youth community orders.”
96 (1) Section 36B (electronic monitoring of requirements in comm unity orders) is
amended as follows.
(2) In the heading for “ community orders ” there is substituted “ youth
community orders ”, and
(3) In subsection (1)—
(a) for “to (4)” there is substituted “and (3)”, and
(b) for “community order” there is substituted “youth community
order”.
(4) In subsection (2) and (6)(a), for “community order” there is  substituted
“youth community order”.
97 (1) Section 37 (curfew orders) is amended as follows.
(2) In subsection (1)—
(a) after the word “person” there is inserted “aged under 16”, a nd
(b) for “sections 34 to 36 above” there is substituted “sections  148, 150
and 156 of the Criminal Justice Act 2003”.
(3) In subsection (5), for “community order” there is substitute d “youth
community order”.
(4) Subsection (10) is omitted.
98 In section 39 (breach, revocation and amendment of curfew ord ers), for
“community orders” there is substituted “youth community orders ”.
99 In section 40 (curfew orders: supplementary), in subsection ( 3), for
“paragraphs 2A(4) and (5) and 19(3)” there is substituted “para graph 16(2)”.
100 (1) Section 40A (exclusion orders) is amended as follows.
(2) In subsection (1)—
(a) after “person” there is inserted “aged under 16”,
(b) for “sections 34 to 36 above” there is substituted “sections  148, 150
and 156 of the Criminal Justice Act 2003”, and
(c) for “two years” there is substituted “three months”.
(3) In subsection (5), for “community order” there is substitute d “youth
community order”.
(4) Subsection (10) is omitted.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General385
101 In section 40B (breach, revocation and amendment of exclusio n orders), for
“community orders” there is substituted “youth community orders ”.
102 (1) Section 60 (attendance centre orders) is amended as follo ws.
(2) In subsection (1)—
(a) in paragraph (a), for “sections 34 to 36 above” there is sub stituted
“sections 148, 150 and 156 of the Criminal Justice Act 2003” an d for
“21” there is substituted “16”, and
(b) in paragraph (b), for “21” there is substituted “16”, and
(c) paragraph (c) and the word “or” immediately preceding it are
omitted.
(3) In subsection (4), for paragraphs (a) and (b) there is subst ituted “shall not
exceed 24”.
(4) In subsection (7), for “community order” there is substitute d “youth
community order”.
103 In section 63 (supervision orders), in subsection (1), for “ sections 34 to 36
above” there is substituted “sections 148, 150 and 156 of the C riminal Justice
Act 2003”.
104 (1) Section 69 (action plan orders) is amended as follows.
(2) In subsection (1), for “sections 34 to 36 above” there is su bstituted “sections
148, 150 and 156 of the Criminal Justice Act 2003”, and
(3) In subsection (5)(b), for “a community rehabilitation order,  a community
punishment order, a community punishment and rehabilitation ord er,”
there is substituted “a community order under section 177 of th e Criminal
Justice Act 2003”.
(4) Subsection (11) is omitted.
105 In section 70 (requirements which may be included in action plan orders and
directions), in subsection (5)(a), after the word “other” there  is inserted
“youth community order or any”.
106 (1) Section 73 (reparation orders) is amended as follows.
(2) In subsection (4)(b), for “a community punishment order, a c ommunity
punishment and rehabilitation order,” there is substituted “a c ommunity
order under section 177 of the Criminal Justice Act 2003”.
(3) Subsection (7) is omitted.
107 In section 74 (requirements and provisions of reparation ord er, and
obligations of person subject to it), in subsection (3)(a), aft er “community
order” there is inserted “or any youth community order”.
108 In section 76 (meaning of custodial sentence), in subsection  (1) after
paragraph (b) there is inserted—
“(bb) a sentence of detention for public protection under sectio n
226 of the Criminal Justice Act 2003;
(bc) a sentence of detention under section 228 of that Act;”.
109 (1) Section 82A (determination of tariffs) is amended as foll ows.
(2) In subsection (1), for the words from “where” onwards there is substituted
“where the sentence is not fixed by law”.
(3) In subsection (3)—Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General386
(a) in paragraph (b), for “section 87” there is substituted “sec tion 240 of
the Criminal Justice Act 2003”, and
(b) in paragraph (c), for “sections 33(2) and 35(1) of the Crimi nal Justice
Act 1991” there is substituted “section 244(1) of the Criminal Justice
Act 2003”.
(4) In subsection (4)— 
(a) after “If” there is inserted “the offender was aged 21 or ov er when he
committed the offence and”, and
(b) the words “subject to subsection (5) below” are omitted.
(5) Subsections (5) and (6) are omitted.
110 (1) Section 91 (offenders under 18 convicted of certain serio us offences) is
amended as follows.
(2) In subsection (3), for “none of the other methods in which t he case may
legally be dealt with” there is substituted “neither a communit y sentence nor
a detention and training order”.
(3) In subsection (4), for “section 79 and 80 above” there is su bstituted “section
152 and 153 of the Criminal Justice Act 2003”.
111 (1) Section 100 (detention and training orders) is amended as  follows.
(2) In subsection (1)—
(a) for the words from the beginning to “subsection (2)” there i s
substituted “Subject to sections 90 and 91 above, sections 226 and 228
of the Criminal Justice Act 2003, and subsection (2)”, and
(b) for paragraph (b) there is substituted—
“(b) the court is of the opinion that subsection (2) of
section 152 of the Criminal Justice Act 2003 applies orthe case falls within subsection (3) of that section,”.
(3) Subsection (4) is omitted.
112 In section 106 (interaction of detention and training orders  with sentences of
detention in a young offender institution), subsections (2) and  (3) are
omitted.
113 After section 106 there is inserted—
“106A Interaction with sentences of detention
(1) In this section—
“the 2003 Act” means the Criminal Justice Act 2003;
“sentence of detention” means— 
(a) a sentence of detention under section 91 above, or
(b) a sentence of detention under section 228 of the 2003
Act (extended sentence for certain violent or sexualoffences: persons under 18).
(2) Where a court passes a sentence of detention in the case of an
offender who is subject to a detention and training order, thesentence shall take effect as follows—
(a) if the offender has at any time been released by virtue of
s u b s e c t i o n  ( 2 ) ,  ( 3 ) ,  ( 4 )  o r  ( 5 )  o f  s e c t i o n  10 2  a b o v e ,  a t  t h ebeginning of the day on which the sentence is passed, andCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General387
(b) if not, either as mentioned in paragraph (a) above or, if th e
court so orders, at the time when the offender wouldotherwise be released by virtue of subsection (2), (3), (4) or (5)
of section 102.
(3) Where a court makes a detention and training order in the ca se of an
offender who is subject to a sentence of detention, the order s hall take
effect as follows—
(a) if the offender has at any time been released under Chapter 6
of Part 12 of the 2003 Act (release on licence of fixed-termprisoners), at the beginning of the day on which the order ismade, and
(b) if not, either as mentioned in paragraph (a) above or, if th e
court so orders, at the time when the offender wouldotherwise be released under that Chapter.
(4) Where an order under section 102(5) above is made in the cas e of a
person in respect of whom a sentence of detention is to take ef fect as
mentioned in subsection (2)(b) above, the order is to be expres sed as
an order that the period of detention attributable to the deten tion and
training order is to end at the time determined under section102(5)(a) or (b) above.
(5) In determining for the purposes of subsection (3)(b) the tim e when
an offender would otherwise be released under Chapter 6 of Part  12
of the 2003 Act, section 246 of that Act (power of Secretary of  State to
release prisoners on licence before he is required to do so) is  to be
disregarded.
(6) Where by virtue of subsection (3)(b) above a detention and t raining
order made in the case of a person who is subject to a sentence  of
detention under section 228 of the 2003 Act is to take effect a t the time
when he would otherwise be released under Chapter 6 of Part 12 of
that Act, any direction by the Parole Board under subsection (2 )(b) of
section 247 of that Act in respect of him is to be expressed as  a
direction that the Board would, but for the detention and train ing
order, have directed his release under that section.
(7) Subject to subsection (9) below, where at any time an offend er is
subject concurrently—
(a) to a detention and training order, and
(b) to a sentence of detention,
he shall be treated for the purposes of the provisions specifie d in
subsection (8) below as if he were subject only to the sentence  o f
detention.
(8) Those provisions are—
(a) sections 102 to 105 above,
(b) section 92 above and section 235 of the 2003 Act (place of
detention, etc.), and
(c) Chapter 6 of Part 12 of the 2003 Act.
(9) Nothing in subsection (7) above shall require the offender t o be
released in respect of either the order or the sentence unless and until
he is required to be released in respect of each of them.”Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General388
114 In section 110 (required custodial sentence for third class A drug trafficking
offence), subsection (3) is omitted.
115 In section 111 (minimum of three years for third domestic bu rglary)
subsection (3) is omitted.
116 Sections 116 and 117 (return to prison etc. where offence co mmitted during
original sentence) shall cease to have effect.
117 In section 130 (compensation orders against convicted person s), in
subsection (2), for “109(2), 110(2) or 111(2) above,” there is substituted
“110(2) or 111(2) above, section 51A(2) of the Firearms Act 196 8 or section
225, 226, 227 or 228 of the Criminal Justice Act 2003,”.
118 In section 136 (power to order statement as to financial cir cumstances of
parent or guardian) in subsection (2), for “section 126 above” there is
substituted “section 162 of the Criminal Justice Act 2003”.
119 (1) Section 138 (fixing of fine or compensation to be paid by  parent or guardian)
is amended as follows.
(2) In subsection (1)(a), for “section 128 above” there is subst ituted “section 164
of the Criminal Justice Act 2003”.
(3) In subsection (2), for “sections 128(1) (duty to inquire int o financial
circumstances) and” there is substituted “section 164(1) of the  Criminal
Justice Act 2003 and section”.
(4) In subsection (4)—
(a) for “section 129 above” there is substituted “section 165 of  the
Criminal Justice Act 2003”,
(b) for “section 129(1)” there is substituted “section 165(1)”, and
(c) for “section 129(2)” there is substituted “section 165(2)”.
120 In section 146 (driving disqualification for any offence), i n subsection (2), for
“109(2), 110(2) or 111(2) above” there is substituted “110(2) o r 111(2) above,
section 51A(2) of the Firearms Act 1968 or section 225, 226, 22 7 or 228 of the
Criminal Justice Act 2003”.
121 In section 154 (commencement of Crown Court sentence), in su bsection (2),
for “section 84 above” there is substituted “section 265 of the  Criminal Justice
Act 2003”.
122 In section 159 (execution of process between England and Wal es and
Scotland), for “10(7) or 24(1)” there is substituted “10(6) or 18(1)”.
123 (1) Section 163 (interpretation) is amended as follows.
(2) In the definition of “attendance centre” for “section 62(2) above” there is
substituted “section 221(2) of the Criminal Justice Act 2003”.
(3) In the definition of “attendance centre order” for the words  from “by virtue
of” to “Schedule 3” there is substituted “by virtue of paragrap h 4(2)(b) or
5(2)(b) of Schedule 3”.
(4) In the definition of “community order”, for “section 33(1) a bove” there is
substituted “section 177(1) of the Criminal Justice Act 2003”.
(5) For the definition of “curfew order” there is substituted—
“curfew order” means an order under section 37(1) above (and, e xcept
where the contrary intention is shown by paragraph 7 of Schedul e
3 or paragraph 3 of Schedule 7 or 8, includes orders made underCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General389
section 37(1) by virtue of paragraph 4(2)(a) or 5(2)(a) of Sche dule 3
or paragraph 2(2)(a) of Schedule 7 or 8).”.
(6) In the definition of “operational period”, for “section 118( 3) above” there is
substituted “section 189(1)(b)(ii) of the Criminal Justice Act 2003”.
(7) In the definition of “suspended sentence”, for “section 118( 3) above” there is
substituted “section 189(7) of the Criminal Justice Act 2003”.
(8) At the end there is inserted—
““youth community order” has the meaning given by section 33(1)
above.”.
124 In section 164 (further interpretative provision) for subsec tion (3) there is
substituted—
“(3) References in this Act to a sentence falling to be imposed—
(a) under section 110(2) or 111(2) above,
(b) under section 51A(2) of the Firearms Act 1968, or
(c) under any of sections 225 to 228 of the Criminal Justice Act
2003,
are to be read in accordance with section 305(4) of the Crimina l
Justice Act 2003.”
125 For Schedule 3 (breach revocation and amendment of certain c ommunity
orders) there is substituted—
“SCHEDULE 3
BREACH , REVOCATION  AND  AMENDMENT  OF CURFEW  ORDERS  AND  EXCLUSION  
ORDERS
PART 1
PRELIMINARY
Definitions
1In this Schedule—
“the petty sessions area concerned” means—
(a) in relation to a curfew order, the petty sessions area
in which the place for the time being specified inthe order is situated; and
(b) in relation to an exclusion order, the petty sessions
area for the time being specified in the order;
“relevant order” means a curfew order or an exclusion order.
Orders made on appeal
2 Where a relevant order has been made on appeal, for the purpos es
of this Schedule it shall be deemed—
(a) if it was made on an appeal brought from a magistrates’
court, to have been made by a magistrates’ court;Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General390
(b) if it was made on an appeal brought from the Crown Court
or from the criminal division of the Court of Appeal, tohave been made by the Crown Court.
P
ART 2
BREACH  OF REQUIREMENT  OF ORDER
Issue of summons or warrant
3 (1) If at any time while a relevant order is in force in respec t of an
offender it appears on information to a justice of the peace ac ting
for the petty sessions area concerned that the offender has fai led to
comply with any of the requirements of the order, the justicemay—
(a) issue a summons requiring the offender to appear at the
place and time specified in it; or
(b) if the information is in writing and on oath, issue a warran t
for his arrest.
(2) Any summons or warrant issued under this paragraph shall dir ect
the offender to appear or be brought—
(a) in the case of any relevant order which was made by the
Crown Court and included a direction that any failure tocomply with any of the requirements of the order be dealtwith by the Crown Court, before the Crown Court; and
(b) in the case of a relevant order which is not an order to
which paragraph (a) above applies, before a magistrates’court acting for the petty sessions area concerned.
(3) Where a summons issued under sub-paragraph (1)(a) above
requires an offender to appear before the Crown Court and theoffender does not appear in answer to the summons, the CrownCourt may issue a further summons requiring the offender toappear at the place and time specified in it.
(4) Where a summons issued under sub-paragraph (1)(a) above or a
further summons issued under sub-paragraph (3) above requiresan offender to appear before the Crown Court and the offenderdoes not appear in answer to the summons, the Crown Court mayissue a warrant for the arrest of the offender.
Powers of magistrates’ court
4 (1) This paragraph applies if it is proved to the satisfaction of a
magistrates’ court before which an offender appears or is broug ht
under paragraph 3 above that he has failed without reasonableexcuse to comply with any of the requirements of the relevantorder.
(2) The magistrates’ court may deal with the offender in respect  of the
failure in one of the following ways (and must deal with him inone of those ways if the relevant order is in force)—
(a) by making a curfew order in respect of him (subject to
paragraph 7 below);Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General391
(b) by making an attendance centre order in respect of him
(subject to paragraph 8 below); or
(c) where the relevant order was made by a magistrates’
court, by dealing with him, for the offence in respect ofwhich the order was made, in any way in which he couldhave been dealt with for that offence by the court whichmade the order if the order had not been made.
(3) In dealing with an offender under sub-paragraph (2)(c) above , a
magistrates’ court—
(a) shall take into account the extent to which the offender has
complied with the requirements of the relevant order; and
(b) in the case of an offender who has wilfully and persistently
failed to comply with those requirements, may impose acustodial sentence (where the relevant order was made inrespect of an offence punishable with such a sentence)notwithstanding anything in section 152(2) of the CriminalJustice Act 2003.
(4) Where a magistrates’ court deals with an offender under sub-
paragraph (2)(c) above, it shall revoke the relevant order if i t is still
in force.
(5) Where a relevant order was made by the Crown Court and a
magistrates’ court has power to deal with the offender under su b-
paragraph (2)(a) or (b) above, it may instead commit him tocustody or release him on bail until he can be brought or appea r
before the Crown Court.
(6) A magistrates’ court which deals with an offender’s case und er
sub-paragraph (5) above shall send to the Crown Court—
(a) a certificate signed by a justice of the peace certifying th at
the offender has failed to comply with the requirements ofthe relevant order in the respect specified in the certificate;and
(b) such other particulars of the case as may be desirable;
and a certificate purporting to be so signed shall be admissibl e as
evidence of the failure before the Crown Court.
(7) A person sentenced under sub-paragraph (2)(c) above for an
offence may appeal to the Crown Court against the sentence.
Powers of Crown Court
5 (1) This paragraph applies where under paragraph 3 or by virtue  of
paragraph 4(5) above an offender is brought or appears before t he
Crown Court and it is proved to the satisfaction of that court that
he has failed without reasonable excuse to comply with any of t he
requirements of the relevant order.
(2) The Crown Court may deal with the offender in respect of the
failure in one of the following ways (and must deal with him inone of those ways if the relevant order is in force)—
(a) by making a curfew order in respect of him (subject to
paragraph 7 below);
(b) by making an attendance centre order in respect of him
(subject to paragraph 8 below); orCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General392
(c) by dealing with him, for the offence in respect of which the
order was made, in any way in which he could have beendealt with for that offence by the court which made theorder if the order had not been made.
(3) In dealing with an offender under sub-paragraph (2)(c) above , the
Crown Court—
(a) shall take into account the extent to which the offender has
complied with the requirements of the relevant order; and
(b) in the case of an offender who has wilfully and persistently
failed to comply with those requirements, may impose acustodial sentence (where the relevant order was made inrespect of an offence punishable with such a sentence)notwithstanding anything in section 152(2) of the CriminalJustice Act 2003.
(4) Where the Crown Court deals with an offender under sub-
paragraph (2)(c) above, it shall revoke the relevant order if i t is still
in force.
(5) In proceedings before the Crown Court under this paragraph a ny
question whether the offender has failed to comply with therequirements of the relevant order shall be determined by thecourt and not by the verdict of a jury.
Exclusions from paragraphs 4 and 5
6 Without prejudice to paragraphs 10 and 11 below, an offender
who is convicted of a further offence while a relevant order is  in
force in respect of him shall not on that account be liable to be dealt
with under paragraph 4 or 5 in respect of a failure to comply w ith
any requirement of the order.
Curfew orders imposed for breach of relevant order
7 (1) Section 37 of this Act (curfew orders) shall apply for the purposes
of paragraphs 4(2)(a) and 5(2)(a) above as if for the words fro m the
beginning to “make” there were substituted “Where a court haspower to deal with an offender under Part 2 of Schedule 3 to th is
Act for failure to comply with any of the requirements of arelevant order, the court may make in respect of the offender”.
(2) The following provisions of this Act, namely—
(a) section 37(3) to (12), and
(b) so far as applicable, sections 36B and 40 and this Schedule
so far as relating to curfew orders;
have effect in relation to a curfew order made by virtue of
paragraphs 4(2)(a) and 5(2)(a) as they have effect in relation to any
other curfew order, subject to sub-paragraph (3) below.
(3) This Schedule shall have effect in relation to such a curfew  order
as if—
(a) the power conferred on the court by each of paragraphs
4(2)(c), 5(2)(c) and 10(3)(b) to deal with the offender for theoffence in respect of which the order was made were apower to deal with the offender, for his failure to complywith the relevant order, in any way in which theCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General393
appropriate court could deal with him for that failure if it
had just been proved to the satisfaction of the court;
(b) the reference in paragraph 10(1)(b) to the offence in respec t
of which the order was made were a reference to the failureto comply in respect of which the curfew order was made;and
(c) the power conferred on the Crown Court by paragraph
11(2)(b) to deal with the offender for the offence in respectof which the order was made were a power to deal with theoffender, for his failure to comply with the relevant order,in any way in which the appropriate court (if the relevantorder was made by the magistrates’ court) or the CrownCourt (if that order was made by the Crown Court) coulddeal with him for that failure if it had just been proved toits satisfaction.
(4) For the purposes of the provisions mentioned in paragraphs ( a)
and (c) of sub-paragraph (3) above, as applied by that sub-paragraph, if the relevant order is no longer in force theappropriate court’s powers shall be determined on theassumption that it is still in force.
(5) Sections 148 and 156 of the Criminal Justice Act 2003 (restr ictions
and procedural requirements for community sentences) do notapply in relation to a curfew order made by virtue of paragraph4(2)(a) or 5(2)(a) above.
Attendance centre orders imposed for breach of relevant order
8 (1) Section 60(1) of this Act (attendance centre orders) shall apply for
the purposes of paragraphs 4(2)(b) and 5(2)(b) above as if for the
words from the beginning to “the court may,” there weresubstituted “Where a court has power to deal with an offenderunder Part 2 of Schedule 3 to this Act for failure to comply wi th
any of the requirements of a relevant order, the court may,”.
(2) The following provisions of this Act, namely—
(a) subsections (3) to (11) of section 60, and
(b) so far as applicable, section 36B and Schedule 5,
have effect in relation to an attendance centre order made by
virtue of paragraph 4(2)(b) or 5(2)(b) above as they have effec t in
relation to any other attendance centre order, but as if there were
omitted from each of paragraphs 2(1)(b), 3(1) and 4(3) of Sched ule
5 the words “, for the offence in respect of which the order wa s
made,” and “for that offence”.
(3) Sections 148 and 156 of the Criminal Justice Act 2003 (restr ictions
and procedural requirements for community sentences) do notapply in relation to an attendance centre order made by virtue of
paragraph 4(2)(b) or 5(2)(b) above.
Supplementary
9 Any exercise by a court of its powers under paragraph 4(2)(a) or
(b) or 5(2)(a) or (b) above shall be without prejudice to thecontinuance of the relevant order.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General394
PART 3
REVOCATION  OF ORDER
Revocation of order with or without re-sentencing: powers of ma gistrates’ court
10 (1) This paragraph applies where a relevant order made by a
magistrates’ court is in force in respect of any offender and o n the
application of the offender or the responsible officer it appea rs to
the appropriate magistrates’ court that, having regard tocircumstances which have arisen since the order was made, itwould be in the interests of justice—
(a) for the order to be revoked; or
(b) for the offender to be dealt with in some other way for the
offence in respect of which the order was made.
(2) In this paragraph “the appropriate magistrates’ court” means  a
magistrates’ court acting for the petty sessions area concerned .
(3) The appropriate magistrates’ court may—
(a) revoke the order; or
(b) both—
(i) revoke the order; and
(ii) deal with the offender for the offence in respect of
which the order was made, in any way in which hecould have been dealt with for that offence by thecourt which made the order if the order had notbeen made.
(4) In dealing with an offender under sub-paragraph (3)(b) above , a
magistrates’ court shall take into account the extent to which the
offender has complied with the requirements of the relevantorder.
(5) A person sentenced under sub-paragraph (3)(b) above for an
offence may appeal to the Crown Court against the sentence.
(6) Where a magistrates’ court proposes to exercise its powers u nder
this paragraph otherwise than on the application of the offende r,
it shall summon him to appear before the court and, if he does not
appear in answer to the summons, may issue a warrant for hisarrest.
(7) No application may be made by the offender under sub-
paragraph (1) above while an appeal against the relevant order is
pending.
Revocation of order with or without re-sentencing: powers of Cr own Court on 
conviction etc.
11 (1) This paragraph applies where—
(a) a relevant order made by the Crown Court is in force in
respect of an offender and the offender or the responsibleofficer applies to the Crown Court for the order to berevoked or for the offender to be dealt with in some otherway for the offence in respect of which the order wasmade; orCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General395
(b) an offender in respect of whom a relevant order is in force
is convicted of an offence before the Crown Court or,having been committed by a magistrates’ court to theCrown Court for sentence, is brought or appears before theCrown Court.
(2) If it appears to the Crown Court to be in the interests of j ustice to
do so, having regard to circumstances which have arisen since t he
order was made, the Crown Court may—
(a) revoke the order; or
(b) both—
(i) revoke the order; and
(ii) deal with the offender for the offence in respect of
which the order was made, in any way in which hecould have been dealt with for that offence by thecourt which made the order if the order had notbeen made.
(3) In dealing with an offender under sub-paragraph (2)(b) above , the
Crown Court shall take into account the extent to which theoffender has complied with the requirements of the relevantorder.
Revocation following custodial sentence by magistrates’ court u nconnected with 
order
12 (1) This paragraph applies where—
(a) an offender in respect of whom a relevant order is in force
is convicted of an offence by a magistrates’ courtunconnected with the order;
(b) the court imposes a custodial sentence on the offender; and
(c) it appears to the court, on the application of the offender or
the responsible officer, that it would be in the interests ofjustice to exercise its powers under this paragraph havingregard to circumstances which have arisen since the orderwas made.
(2) In sub-paragraph (1) above “a magistrates’ court unconnected
with the order” means a magistrates’ court not acting for the p etty
sessions area concerned.
(3) The court may—
(a) if the order was made by a magistrates’ court, revoke it;
(b) if the order was made by the Crown Court, commit the
offender in custody or release him on bail until he can bebrought or appear before the Crown Court.
(4) Where the court deals with an offender’s case under sub-
paragraph (3)(b) above, it shall send to the Crown Court suchparticulars of the case as may be desirable.
13 Where by virtue of paragraph 12(3)(b) above an offender is
brought or appears before the Crown Court and it appears to theCrown Court to be in the interests of justice to do so, having regard
to circumstances which have arisen since the relevant order wasmade, the Crown Court may revoke the order.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General396
Supplementary
14 (1) On the making under this Part of this Schedule of an order
revoking a relevant order, the proper officer of the court shal l
forthwith give copies of the revoking order to the responsibleofficer.
(2) In sub-paragraph (1) above “proper officer” means—
(a) in relation to a magistrates’ court, the justices’ chief
executive for the court; and
(b) in relation to the Crown Court, the appropriate officer.
(3) A responsible officer to whom in accordance with sub-paragra ph
(1) above copies of a revoking order are given shall give a cop y to
the offender and to the person in charge of any institution in which
the offender was required by the order to reside.
P
ART 4
AMENDMENT  OF ORDER
Amendment by reason of change of residence
15 (1) This paragraph applies where, at any time while a relevant  order
is in force in respect of an offender, a magistrates’ court act ing for
the petty sessions area concerned is satisfied that the offende r
proposes to change, or has changed, his residence from that pet ty
sessions area to another petty sessions area.
(2) Subject to sub-paragraph (3) below, the court may, and on th e
application of the responsible officer shall, amend the relevan t
order by substituting the other petty sessions area for the are a
specified in the order or, in the case of a curfew order, a pla ce in
that other area for the place so specified.
(3) The court shall not amend under this paragraph a curfew orde r
which contains requirements which, in the opinion of the court,cannot be complied with unless the offender continues to reside  in
the petty sessions area concerned unless, in accordance withparagraph 16 below, it either—
(a) cancels those requirements; or
(b) substitutes for those requirements other requirements
which can be complied with if the offender ceases to residein that area.
Amendment of requirements of order
16 (1) Without prejudice to the provisions of paragraph 15 above but
subject to the following provisions of this paragraph, amagistrates’ court acting for the petty sessions area concernedmay, on the application of an eligible person, by order amend arelevant order—
(a) by cancelling any of the requirements of the order; or
(b) by inserting in the order (either in addition to or in
substitution for any of its requirements) any requirementCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General397
which the court could include if it were then making the
order.
(2) A magistrates’ court shall not under sub-paragraph (1) above
amend a curfew order by extending the curfew periods beyondthe end of six months from the date of the original order.
(3) A magistrates’ court shall not under sub-paragraph (1) above
amend an exclusion order by extending the period for which theoffender is prohibited from entering the place in question beyo nd
the end of three months from the date of the original order.
(4) For the purposes of this paragraph the eligible persons are—
(a) the offender;
(b) the responsible officer; and
(c) in relation to an exclusion order, any affected person.
But an application under sub-paragraph (1) by a person such as is
mentioned in paragraph (c) above must be for the cancellation o f
a requirement which was included in the order by virtue of hisconsent or for the purpose (or partly for the purpose) of prote cting
him from being approached by the offender, or for the insertion  of
a requirement which will, if inserted, be such a requirement.
Supplementary
17 No order may be made under paragraph 15 above, and no
application may be made under paragraph 16 above, while anappeal against the relevant order is pending.
18 (1) Subject to sub-paragraph (2) below, where a court proposes  t o
exercise its powers under this Part of this Schedule, otherwise  than
on the application of the offender, the court—
(a) shall summon him to appear before the court; and
(b) if he does not appear in answer to the summons, may issue
a warrant for his arrest.
(2) This paragraph shall not apply to an order cancelling a
requirement of a relevant order or reducing the period of anyrequirement, or to an order under paragraph 15 abovesubstituting a new petty sessions area or a new place for the o ne
specified in a relevant order.
19 (1) On the making under this Part of this Schedule of an order
amending a relevant order, the justices’ chief executive for th e
court shall forthwith—
(a) if the order amends the relevant order otherwise than by
substituting, by virtue of paragraph 15 above, a new pettysession area or a new place for the one specified in therelevant order, give copies of the amending order to theresponsible officer;
(b) if the order amends the relevant order in the manner
excepted by paragraph (a) above, send to the chiefexecutive to the justices for the new petty sessions area or,as the case may be, for the petty sessions area in which thenew place is situated—
(i) copies of the amending order; andCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General398
(ii) such documents and information relating to the
case as he considers likely to be of assistance to acourt acting for that area in the exercise of itsfunctions in relation to the order;
and in a case falling within paragraph (b) above the chief exec utive
of the justices for that area shall give copies of the amending  order
to the responsible officer.
(2) A responsible officer to whom in accordance with sub-paragra ph
(1) above copies of an order are given shall give a copy to theoffender and to the person in charge of any institution in whic h the
offender is or was required by the order to reside.”
126 In Schedule 5 (breach, revocation and amendment of attendanc e centre
orders)—
(a) in paragraph 1(1)(b), for “section 62(3) of this Act” there is
substituted “section 222(1)(d) or (e) of the Criminal Justice A ct 2003”,
(b) in paragraph 2(5)(b), for “section 79(2) of this Act” there is
substituted “section 152(2) of the Criminal Justice Act 2003”, and
(c) in paragraph 3(3)(b), for “section 79(2) of this Act” there is
substituted “section 152(2) of the Criminal Justice Act 2003”.
127 In Schedule 6 (requirements which may be included in supervi sion
orders)—
(a) in paragraph 2(7)(a), after the word “other” there is insert ed “youth
community order or any”, and
(b) in paragraph 3(6)(a), for “community order” there is substit uted
“youth community order”.
128 In Schedule 7 (breach, revocation and amendment of supervisi on orders)—
(a) in paragraph 3—
(i) in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there  is
substituted “sub-paragraph (5)”,
(ii) in sub-paragraph (3), for “Sections 35 and 36 of this Act” there
is substituted “Sections 148 and 156 of the Criminal JusticeAct 2003”, 
(iii) sub-paragraph (4) is omitted, and
(iv) in sub-paragraph (5)(a), for the words from the beginning t o
“and” there is substituted “the power conferred on the courtby each of paragraphs 4(2)(c) and”, and
(b) in paragraph 4(3), for “Sections 35 and 36 of this Act” ther e is
substituted “Sections 148 and 156 of the Criminal Justice Act 2 003”.
129 In Schedule 8 (breach, revocation and amendment of action pl an orders and
reparation orders)—
(a) in paragraph 3—
(i) in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there  is
substituted “sub-paragraph (5)”,
(ii) in sub-paragraph (3), for “Sections 35 and 36 of this Act” there
is substituted “Sections 148 and 156 of the Criminal JusticeAct 2003”, 
(iii) sub-paragraph (4) is omitted, andCriminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General399
(iv) in sub-paragraph (5)(a), for the words from the beginning t o
“and” there is substituted “The power conferred on the courtby each of paragraphs 4(2)(c) and”, and
(b) in paragraph 4(3), for “Sections 35 and 36 of this Act” ther e is
substituted “Sections 148 and 156 of the Criminal Justice Act 2 003”.
Child Support, Pensions and Social Security Act 2000 (c. 19)
130 The Child Support, Pensions and Social Security Act 2000 is amended as
follows.
131 (1) Section 62 (loss of benefit for breach of community order ) is amended as
follows.
(2) In subsection (8), for the definition of “relevant community  order” there is
substituted—
““relevant community order” means—
(a) a community order made under section 177 of the
Criminal Justice Act 2003; or
(b) any order falling in England or Wales to be treated as
such an order.”
(3) In subsection (11)(c)(ii), for “to (e)” there is substituted  “and (b)”.
132 In section 64 (information provision), in subsection (6)(a),  after “community
orders” there is inserted “(as defined by section 177 of the Cr iminal Justice
Act 2003)”.
Criminal Justice and Court Services Act 2000 (c. 43)
133 The Criminal Justice and Court Services Act 2000 is amended as follows.
134 In section 1 (purposes of Chapter 1 of Part 1 of the Act), i n subsection (2)—
(a) in paragraph (a), after “community orders” there is inserted  “ ( a s
defined by section 177 of the Criminal Justice Act 2003)”, and
(b) after paragraph (c) there is inserted—
“(d) giving effect to suspended sentence orders (as
defined by section 189 of the Criminal Justice Act2003).”
135 In section 42 (interpretation of Part 2), in subsection (2)( a), for “section 119 of
the Powers of Criminal Court (Sentencing) Act 2000” there is su bstituted
“paragraph 8(2)(a) or (b) of Schedule 11 of the Criminal Justic e Act 2003”.
136 (1) Section 62 (release on licence etc: conditions as to moni toring) is amended as
follows.
(2) For subsection (3) there is substituted—
“(3) In relation to a prisoner released under section 246 of the  Criminal
Justice Act 2003 (power to release prisoners on licence beforerequired to do so), the monitoring referred to in subsection (2 )(a)
does not include the monitoring of his compliance with conditio ns
imposed under section 253 of that Act (curfew condition).”
(3) In subsection (5) after paragraph (e) there is inserted “, a nd
(f) a sentence of detention under section 226 or 228 of the
Criminal Justice Act 2003”.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 1 — General400
137 In section 69 (duties of local probation boards in connectio n with victims of
certain offences), in subsection (8), for paragraph (a) there i s substituted—
“(a) murder or an offence specified in Schedule 15 to the Crimin al
Justice Act 2003,”.
138 In section 70 (general interpretation), in subsection (5), f or the words “any
community order” there is substituted “a curfew order, an exclu sion order,
a community rehabilitation order, a community punishment order,  a
community punishment and rehabilitation order, a drug treatment  and
testing order, a drug abstinence order, an attendance centre or der, a
supervision order or an action plan order”.
International Criminal Court Act 2001 (c. 17)
139 (1) Schedule 7 to the International Criminal Court Act 2001 ( domestic
provisions not applicable to ICC prisoners), is amended as foll ows.
(2) In paragraph 2(1), for paragraph (d) there is substituted—
“(d) section 240 of the Criminal Justice Act 2003 (crediting of
periods of remand in custody).”
(3) In paragraph 3(1), for “Part 2 of the Criminal Justice Act 1 991” there is
substituted “sections 244 to 264 of the Criminal Justice Act 20 03”.
Armed Forces Act 2001 (c. 19)
140 In section 30 of the Armed Forces Act 2001 (conditional rele ase from
custody), in subsection (6)(a) for “six months” there is substi tuted “the term
specified in subsection (1)(a) of section 8 of the Armed Forces  A c t  19 7 6
(powers of courts in relation to civilians)”.
Proceeds of Crime Act 2002 (c. 29)
141 In section 38 of the Proceeds of Crime Act 2002 (provisions about
imprisonment or detention), in subsection (4)(a), for “section 118(1) of the
Sentencing Act” there is substituted “section 189(1) of the Cri minal Justice
Act 2003”.
Sexual Offences Act 2003 (c. 42)
142 The Sexual Offences Act 2003 is amended as follows.
143 In section 131 (application of Part 2 to young offenders), a fter paragraph (j)
there is inserted—
“(k) a sentence of detention for public protection under section
226 of the Criminal Justice Act 2003,
(l) an extended sentence under section 228 of that Act,”.
144 In section 133 (general interpretation), at the end of parag raph (a) of the
definition of “community order” there is inserted “(as that Act  had effect
before the passing of the Criminal Justice Act 2003)”.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 2 — Offences: abolition of imprisonment and conversion to summary offence401
PART 2
OFFENCES : ABOLITION  OF IMPRISONMENT  AND  CONVERSION  TO SUMMARY  OFFENCE
Vagrancy Act 1824 (c. 83)
145 In section 3 of the Vagrancy Act 1824 (idle and disorderly p ersons), for the
words from “subject to” to the end there is substituted “it sha ll be lawful for
any justice of the peace to impose on such person (being thereo f convicted
before him by his own view, or by the confession of such person , or by the
evidence on oath of one or more credible witnesses) a fine not exceeding
level 3 on the standard scale”.
146 (1) Section 4 of that Act (rogues and vagabonds) is amended a s follows.
(2) In that section, for the words from “shall be” to the end th ere is substituted
“commits an offence under this section”.
(3) At the end of that section (which becomes subsection (1)) th ere is inserted—
“(2) It shall be lawful for any justice of the peace to impose o n any person
who commits an offence under this section (being thereof convic ted
before him by the confession of such person, or by the evidence  on
oath of one or more credible witnesses)—
(a) in the case of a person convicted of the offence of wanderin g
abroad and lodging in any barn or outhouse, or in anydeserted or unoccupied building, or in the open air, or undera tent, or in any cart or waggon, and not giving a goodaccount of himself, a fine not exceeding level 1 on thestandard scale, and
(b) in the case of a person convicted of any other offence under
this section, a fine not exceeding level 3 on the standardscale.”
London Hackney Carriages Act 1843 (c. 86)
147 In section 28 of the London Hackney Carriages Act 1843, afte r “for every
such offence”, there is inserted “of which he is convicted befo re the justice”.
Town Police Clauses Act 1847 (c. 89)
148 In section 26 of the Town Police Clauses Act 1847, for the w ords from
“committed by them” to the end, there is substituted “liable to  a fine not
exceeding level 3 on the standard scale”.
149 In section 28 of that Act, after “for each offence”, there i s inserted “of which
he is convicted before the justice”.
150 In section 29 of that Act, after “for every such offence”, t here is inserted “of
which he is convicted before the justice”.
151 In section 36 of that Act, after “liable”, there is inserted  “on conviction before
the justices”.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 2 — Offences: abolition of imprisonment and conversion to summary offence402
Seamen’s and Soldiers’ False Characters Act 1906 (c. 5)
152 In section 1 of the Seamen’s and Soldiers’ False Characters Act 1906, for
“imprisonment for a term not exceeding three months” there is s ubstituted
“a fine not exceeding level 2 on the standard scale”.
Aliens Restriction (Amendment) Act 1919 (c. 92)
153 In section 3(2) of the Aliens Restriction (Amendment) Act 19 19, for
“imprisonment for a term not exceeding three months” there is s ubstituted
“a fine not exceeding level 3 on the standard scale”.
Polish Resettlement Act 1947 (c. 19)
154 In the Schedule to the Polish Resettlement Act 1947, in para graph 7, for
“imprisonment for a term not exceeding three months” there is s ubstituted
“a fine not exceeding level 1 on the standard scale”.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
155 In section 61 of the Army Act 1955, for the words from “the like” to “section
nineteen of this Act” there is substituted “dismissal from Her Majesty’s
service with or without disgrace, to detention for a term not e xceeding three
months,”.
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
156 In section 61 of the Air Force Act 1955, for the words from “the like” to
“section nineteen of this Act” there is substituted “dismissal from Her
Majesty’s service with or without disgrace, to detention for a term not
exceeding three months,”.
Naval Discipline Act 1957 (c. 53)
157 In section 34A of the Naval Discipline Act 1957, for the wor ds
“imprisonment for a term not exceeding three months” there is s ubstituted
“dismissal from Her Majesty’s service with or without disgrace,  detention
for a term not exceeding three months,”.
Slaughterhouses Act 1974 (c. 3)
158 In section 4 of the Slaughterhouses Act 1974, after subsecti on (5) there is
inserted—
“(5A) A person guilty of an offence under subsection (5) above s hall be
liable to a fine not exceeding level 3 on the standard scale.”
Water Industry Act 1991 (c. 56)
159 In Schedule 6 to the Water Industry Act 1991, in paragraph 5 (4), for
paragraphs (a) and (b) there is substituted “, on summary convi ction, to a
fine not exceeding level 5 on the standard scale”.Criminal Justice Act 2003 (c. 44)
Schedule 32 — Amendments relating to sentencing
Part 2 — Offences: abolition of imprisonment and conversion to summary offence403
Water Resources Act 1991 (c.57)
160 In section 205(6) of the Water Resources Act 1991, for parag raphs (a) and (b)
there is substituted “on summary conviction to a fine not excee ding level 5
on the standard scale”.
Transport Act 2000 (c. 38)
161 In section 82(4) of the Transport Act 2000, after “subsectio n (1)” there is
inserted “or (2)”.
Reserve Forces Act 1996 (c. 14)
162 In paragraph 5(3) of Schedule 1 to the Reserve Forces Act 19 96, for the words
“imprisonment for a term not exceeding three months” there is s ubstituted
“dismissal from Her Majesty’s service with or without disgrace,  to detention
for a term not exceeding 3 months,”.
SCHEDULE 33 Section 321
JURY SERVICE
1The Juries Act 1 974 (c. 23) is amended as follows.
2 For section 1 (qualification for jury service) there is substi tuted—
“1 Qualification for jury service
(1) Subject to the provisions of this Act, every person shall be  qualified
to serve as a juror in the Crown Court, the High Court and coun ty
courts and be liable accordingly to attend for jury service whe n
summoned under this Act if—
(a) he is for the time being registered as a parliamentary or lo cal
government elector and is not less than eighteen nor morethan seventy years of age;
(b) he has been ordinarily resident in the United Kingdom, the
Channel Islands or the Isle of Man for any period of at leastfive years since attaining the age of thirteen;
(c) he is not a mentally disordered person; and
(d) he is not disqualified for jury service.
(2) In subsection (1) above “mentally disordered person” means a ny
person listed in Part 1 of Schedule 1 to this Act.
(3) The persons who are disqualified for jury service are those listed in
Part 2 of that Schedule.”
3 Section 9(1) (certain persons entitled to be excused from jury  service) shall
cease to have effect.
4 In section 9(2) (discretionary excusal) after “may” there is i nserted “, subject
to section 9A(1A) of this Act,”.
5 After section 9(2) (discretionary excusal) there is inserted—Criminal Justice Act 2003 (c. 44)
Schedule 33 — Jury service404
“(2A) Without prejudice to subsection (2) above, the appropriate  officer
shall excuse a full-time serving member of Her Majesty’s naval,military or air forces from attending in pursuance of a summons  if—
(a) that member’s commanding officer certifies to the
appropriate officer that it would be prejudicial to theefficiency of the service if that member were to be required tobe absent from duty, and
(b) subsection (2A) or (2B) of section 9A of this Act applies.
(2B) Subsection (2A) above does not affect the application of su bsection
(2) above to a full-time serving member of Her Majesty’s naval,military or air forces in a case where he is not entitled to be  excused
under subsection (2A).”
6 In section 9(3) (discretionary excusal) after “above” there is  inserted “or any
failure by the appropriate officer to excuse him as required by  subsection
(2A) above”.
7 In section 9A(1) (discretionary deferral) after “may” there is  inserted “,
subject to subsection (2) below,”.
8 After section 9A(1) (discretionary deferral) there is inserted —
“(1A) Without prejudice to subsection (1) above and subject to s ubsection
(2) below, the appropriate officer—
(a) shall defer the attendance of a full-time serving member of
Her Majesty’s naval, military or air forces in pursuance of asummons if subsection (1B) below applies, and
(b) for this purpose, shall vary the dates upon which that
member is summoned to attend and the summons shall haveeffect accordingly.
(1B) This subsection applies if that member’s commanding officer
certifies to the appropriate officer that it would be prejudici al to the
efficiency of the service if that member were to be required to  b e
absent from duty.
(1C) Nothing in subsection (1A) or (1B) above shall affect the a pplication
of subsection (1) above to a full-time serving member of HerMajesty’s naval, military or air forces in a case where subsect ion (1B)
does not apply.”
9 For section 9A(2) (discretionary deferral) there is substitute d—
“(2) The attendance of a person in pursuance of a summons shall not be
deferred under subsection (1) or (1A) above if subsection (2A) or (2B)
below applies.”
10 After section 9A(2) (discretionary deferral) there is inserte d—
“(2A) This subsection applies where a deferral of the attendance  of the
person in pursuance of the summons has previously been made orrefused under subsection (1) above or has previously been madeunder subsection (1A) above.
(2B) This subsection applies where—
(a) the person is a full-time serving member of Her Majesty’s
naval, military or air forces, andCriminal Justice Act 2003 (c. 44)
Schedule 33 — Jury service405
(b) in addition to certifying to the appropriate officer that it
would be prejudicial to the efficiency of the service if thatmember were to be required to be absent from duty, thatmember’s commanding officer certifies that this position islikely to remain for any period specified for the purpose ofthis subsection in guidance issued under section 9AA of thisAct.”
11 In section 9A(3) (discretionary deferral) after “above” there  is inserted “or
any failure by the appropriate officer to defer his attendance as required by
subsection (1A) above”.
12 After section 9A (discretionary deferral) there is inserted—
“9AA Requirement to issue guidance
(1) The Lord Chancellor shall issue guidance as to the manner in  which
the functions of the appropriate officer under sections 9 and 9 A of
this Act are to be exercised.
(2) The Lord Chancellor shall—
(a) lay before each House of Parliament the guidance, and any
revised guidance, issued under this section, and
(b) arrange for the guidance, or revised guidance, to be
published in a manner which he considers appropriate.”
13 In section 19 (payment for jury service), after subsection (1 ) there is
inserted—
“(1A) The reference in subsection (1) above to payments by way o f
allowance for subsistence includes a reference to vouchers and other
benefits which may be used to pay for subsistence, whether or n ot
their use is subject to any limitations.”
14 In section 20 (offences), for subsection (5)(d) there is subs tituted—
“(d) knowing that he is disqualified under Part 2 of Schedule 1 to
this Act, serves on a jury;”
15 For Schedule 1 (ineligibility and disqualification for and ex cusal from jury
service) there is substituted—
“SCHEDULE 1
M
ENTALLY  DISORDERED  PERSONS  AND  PERSONS  DISQUALIFIED  FOR JURY  SERVICE
PART 1
MENTALLY  DISORDERED  PERSONS
1A person who suffers or has suffered from mental illness,
psychopathic disorder, mental handicap or severe mentalhandicap and on account of that condition either—
(a) is resident in a hospital or similar institution; or
(b) regularly attends for treatment by a medical practitioner.Criminal Justice Act 2003 (c. 44)
Schedule 33 — Jury service406
2 A person for the time being under guardianship under section 7  of
the Mental Health Act 1983.
3 A person who, under Part 7 of that Act, has been determined by  a
judge to be incapable, by reason of mental disorder, of managin g
and administering his property and affairs.
4 (1) In this Part of this Schedule—
(a) “mental handicap” means a state of arrested or incomplete
development of mind (not amounting to severe mentalhandicap) which includes significant impairment ofintelligence and social functioning;
(b) “severe mental handicap” means a state of arrested or
incomplete development of mind which includes severeimpairment of intelligence and social functioning;
(c) other expressions are to be construed in accordance with
the Mental Health Act 1983.
(2) For the purposes of this Part a person is to be treated as b eing
under guardianship under section 7 of the Mental Health Act 198 3
at any time while he is subject to guardianship pursuant to anorder under section 116A(2)(b) of the Army Act 1955, section116A(2)(b) of the Air Force Act 1955 or section 63A(2)(b) of th e
Naval Discipline Act 1957.
P
ART 2
PERSONS  DISQUALIFIED
5 A person who is on bail in criminal proceedings (within the
meaning of the Bail Act 1976).
6 A person who has at any time been sentenced in the United
Kingdom, the Channel Islands or the Isle of Man—
(a) to imprisonment for life, detention for life or custody for
life,
(b) to detention during her Majesty’s pleasure or during the
pleasure of the Secretary of State,
(c) to imprisonment for public protection or detention for
public protection,
(d) to an extended sentence under section 227 or 228 of the
Criminal Justice Act 2003 or section 210A of the CriminalProcedure (Scotland) Act 1995, or
(e) to a term of imprisonment of five years or more or a term
of detention of five years or more.
7 A person who at any time in the last ten years has—
(a) in the United Kingdom, the Channel Islands or the Isle of
Man—
(i) served any part of a sentence of imprisonment or a
sentence of detention, or
(ii) had passed on him a suspended sentence of
imprisonment or had made in respect of him asuspended order for detention,Criminal Justice Act 2003 (c. 44)
Schedule 33 — Jury service407
(b) in England and Wales, had made in respect of him a
community order under section 177 of the Criminal JusticeAct 2003, a community rehabilitation order, a communitypunishment order, a community punishment andrehabilitation order, a drug treatment and testing order ora drug abstinence order, or
(c) had made in respect of him any corresponding order
under the law of Scotland, Northern Ireland, the Isle ofMan or any of the Channel Islands.
8 For the purposes of this Part of this Schedule—
(a) a sentence passed by a court-martial is to be treated as
having been passed in the United Kingdom, and
(b) a person is sentenced to a term of detention if, but only if —
(i) a court passes on him, or makes in respect of him
on conviction, any sentence or order whichrequires him to be detained in custody for anyperiod, and
(ii) the sentence or order is available only in respect of
offenders below a certain age,
and any reference to serving a sentence of detention is to be
construed accordingly.”
SCHEDULE 34
Section 324
PARENTING  ORDERS  AND  REFERRAL  ORDERS
Crime and Disorder Act 1998 (c. 37)
1In section 8 of the Crime and Disorder Act 1 998 (parenting ord ers), in
subsection (2) the words from “and to section 19(5)” to “2000” shall cease to
have effect.
2 (1) Section 9 of that Act (parenting orders: supplemental) is a mended as
follows.
(2) For subsection (1A) there is substituted—
“(1A) The requirements of subsection (1) do not apply where the court
makes a referral order in respect of the offence.”
(3) After subsection (2) there is inserted—
“(2A) In a case where a court proposes to make both a referral o rder in
respect of a child or young person convicted of an offence and a
parenting order, before making the parenting order the court sh all
obtain and consider a report by an appropriate officer—
(a) indicating the requirements proposed by that officer to be
included in the parenting order;
(b) indicating the reasons why he considers those requirements
would be desirable in the interests of preventing thecommission of any further offence by the child or youngperson; andCriminal Justice Act 2003 (c. 44)
Schedule 34 — Parenting orders and referral orders408
(c) if the child or young person is aged under 16, containing th e
information required by subsection (2) above.
(2B) In subsection (2A) above “an appropriate officer” means—
(a) an officer of a local probation board;
(b) a social worker of a local authority social services
department; or
(c) a member of a youth offending team.”
(4) After subsection (7) there is inserted—
“(7A) In this section “referral order” means an order under sect ion 16(2) or
(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (ref erral
of offender to youth offender panel).”
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
3 In section 19(5) of the Powers of Criminal Courts (Sentencing)  Act 2000
(orders that cannot be made with referral orders)—
(a) at the end of paragraph (a) there is inserted “or”, and
(b) paragraph (c) (parenting orders) and the word “or” immediate ly
preceding it shall cease to have effect.
4 In section 22 of that Act (referral orders: attendance at pane l meetings), after
subsection (2) there is inserted—
“(2A) If—
(a) a parent or guardian of the offender fails to comply with an
order under section 20 above (requirement to attend themeetings of the panel), and
(b) the offender is aged under 18 at the time of the failure,
the panel may refer that parent or guardian to a youth court ac ting
for the petty sessions area in which it appears to the panel th at the
offender resides or will reside.”
5 (1) Section 28 of that Act (which introduces Schedule 1) is ame nded as follows.
(2) In the sidenote, for “Offender referred back to court or” th ere is substituted
“Offender or parent referred back to court: offender”.
(3) After paragraph (a) there is inserted—
“(aa) in Part 1A makes provision for what is to happen when a
youth offender panel refers a parent or guardian to the courtunder section 22(2A) above, and”.
6 In Schedule 1 to that Act (youth offender panels: further cour t proceedings),
after Part 1 there is inserted—
“P
ART 1A
REFERRAL  OF PARENT  OR GUARDIAN  FOR BREACH  OF SECTION  20 ORDER
Introductory
9A (1) This Part of this Schedule applies where, under section 2 2(2A) of
this Act, a youth offender panel refers an offender’s parent orguardian to a youth court.Criminal Justice Act 2003 (c. 44)
Schedule 34 — Parenting orders and referral orders409
(2) In this Part of this Schedule—
(a) “the offender” means the offender whose parent or
guardian is referred under section 22(2A);
(b) “the parent” means the parent or guardian so referred; and
(c) “the youth court” means a youth court as mentioned in
section 22(2A).
Mode of referral to court
9B The panel shall make the referral by sending a report to the youth
court explaining why the parent is being referred to it.
Bringing the parent before the court
9C (1) Where the youth court receives such a report it shall caus e the
parent to appear before it.
(2) For the purpose of securing the attendance of the parent bef ore the
court, a justice acting for the petty sessions area for which t he court
acts may—
(a) issue a summons requiring the parent to appear at the
place and time specified in it; or
(b) if the report is substantiated on oath, issue a warrant for
the parent’s arrest.
(3) Any summons or warrant issued under sub-paragraph (2) above
shall direct the parent to appear or be brought before the yout h
court.
Power of court to make parenting order: application of suppleme ntal provisions
9D (1) Where the parent appears or is brought before the youth co urt
under paragraph 9C above, the court may make a parenting orderin respect of the parent if—
(a) it is proved to the satisfaction of the court that the paren t
has failed without reasonable excuse to comply with theorder under section 20 of this Act; and
(b) the court is satisfied that the parenting order would be
desirable in the interests of preventing the commission ofany further offence by the offender.
(2) A parenting order is an order which requires the parent—
(a) to comply, for a period not exceeding twelve months, with
such requirements as are specified in the order, and
(b) subject to sub-paragraph (4) below, to attend, for a
concurrent period not exceeding three months, suchcounselling or guidance programme as may be specified indirections given by the responsible officer.
(3) The requirements that may be specified under sub-paragraph
(2)(a) above are those which the court considers desirable in t he
interests of preventing the commission of any further offence b y
the offender.
(4) A parenting order under this paragraph may, but need not,
include a requirement mentioned in subsection (2)(b) above in a nyCriminal Justice Act 2003 (c. 44)
Schedule 34 — Parenting orders and referral orders410
case where a parenting order under this paragraph or any other
enactment has been made in respect of the parent on a previousoccasion.
(5) A  counselling or guidance programme which a parent is required
to attend by virtue of subsection (2)(b) above may be or includ e a
residential course but only if the court is satisfied—
(a) that the attendance of the parent at a residential course is
likely to be more effective than his attendance at a non-residential course in preventing the commission of anyfurther offence by the offender, and
(b) that any interference with family life which is likely to
result from the attendance of the parent at a residentialcourse is proportionate in all the circumstances.
(6) Before making a parenting order under this paragraph where t he
offender is aged under 16, the court shall obtain and considerinformation about his family circumstances and the likely effec t of
the order on those circumstances.
(7) Sections 8(3) and (8), 9(3) to (7) and 18(3) and (4) of the Crime and
Disorder Act 1998 apply in relation to a parenting order madeunder this paragraph as they apply in relation to any otherparenting order.
Appeal
9E (1) An appeal shall lie to the Crown Court against the making  of  a
parenting order under paragraph 9D above.
(2) Subsections (2) and (3) of section 10 of the Crime and Disor der
Act 1998 (appeals against parenting orders) apply in relation t o an
appeal under this paragraph as they apply in relation to an app eal
under subsection (1)(b) of that section.
Effect on section 20 order
9F (1) The making of a parenting order under paragraph 9D above is
without prejudice to the continuance of the order under section  20
of this Act.
(2) Section 63(1) to (4) of the Magistrates’ Courts Act 1980 (po wer of
magistrates’ court to deal with person for breach of order, etc )
apply (as well as section 22(2A) of this Act and this Part of t his
Schedule) in relation to an order under section 20 of this Act. ”
SCHEDULE 35
Section 328
CRIMINAL  RECORD  CERTIFICATES : AMENDMENTS  OF PART 5 OF POLICE  ACT 1997
1The Police Act 1 997 (c. 50) is amended as follows.
2 In section 112 (criminal conviction certificates), in subsecti on (1)(a), after
“prescribed” there is inserted “manner and”.
3 (1) Section 113 (criminal record certificates) is amended as fo llows.Criminal Justice Act 2003 (c. 44)
Schedule 35 — Criminal record certificates: amendments of Part 5 of Police Act 1997411
(2) In subsection (1)—
(a) at the beginning there is inserted “Subject to subsection (4 A)”,
(b) in paragraph (a), after “prescribed” there is inserted “mann er and”,
and
(c) in paragraph (b), after “pays” there is inserted “in the pre scribed
manner”.
(3) After subsection (4) there is inserted—
“(4A) The Secretary of State may treat an application under this  section as
an application under section 115 if—
(a) in his opinion the certificate is required for a purpose
prescribed under subsection (2) of that section,
(b) the registered person provides him with the statement
required by subsection (2) of that section, and
(c) the applicant consents and pays to the Secretary of State th e
amount (if any) by which the fee payable in relation to anapplication under section 115 exceeds the fee paid in relationto the application under this section.”.
4 (1) Section 115 (enhanced criminal record certificates) is amen ded as follows.
(2) In subsection (1)—
(a) at the beginning there is inserted “Subject to subsection (9 A),”,
(b) in paragraph (a), after “prescribed” there is inserted “mann er and”,
and
(c) in paragraph (b), after “pays” there is inserted “in the pre scribed
manner”.
(3) In subsection (2), for paragraphs (a) to (c) there is substi tuted “for such
purposes as may be prescribed under this subsection”.
(4) Subsections (3) to (5) and subsections (6C) to (6E) are omit ted.
(5) After subsection (9) there is inserted—
“(9A) The Secretary of State may treat an application under this  section as
an application under section 113 if in his opinion the certific ate is not
required for a purpose prescribed under subsection (2).
(9B) Where by virtue of subsection (9A) the Secretary of State t reats an
application under this section as an application under section 113, he
must refund to the applicant the amount (if any) by which the f ee
paid in relation to the application under this section exceeds the fee
payable in relation to an application under section 113.”
5 In section 116 (enhanced criminal record certificates: judicia l appointments
and Crown employment), in subsection (2)(b), for the words from  “ t o
which” onwards there is substituted “of such description as may  b e
prescribed”.
6 (1) Section 120 (registered persons) is amended as follows.
(2) For subsection (2) there is substituted—
“(2) Subject to regulations under section 120ZA and 120AA and to  section
120A the Secretary of State shall include in the register any p erson
who—
(a) applies to him in writing to be registered,
(b) satisfies the conditions in subsections (4) to (6), andCriminal Justice Act 2003 (c. 44)
Schedule 35 — Criminal record certificates: amendments of Part 5 of Police Act 1997412
(c) has not in the period of two years ending with the date of t he
application been removed from the register under section120A or 120AA.”
(3) Subsection (3) is omitted.
7 After section 120 there is inserted—
“120ZA  Regulations about registration
(1) The Secretary of State may by regulations make further provi sion
about registration.
(2) Regulations under this section may in particular make provis ion
for—
(a) the payment of fees,
(b) the information to be included in the register,
(c) the registration of any person to be subject to conditions,
(d) the nomination by—
(i) a body corporate or unincorporate, or
( i i ) a  p e r s o n  a p p o i n t e d  t o  a n  o f f i c e  b y  v i r t u e  o f  a n y
enactment,
of the individuals authorised to act for it or, as the case may
be, him in relation to the countersigning of applicationsunder this Part, and
(e) the refusal by the Secretary of State, on such grounds as ma y
be specified in or determined under the regulations, to acceptor to continue to accept the nomination of a person as soauthorised. 
(3) The provision which may be made by virtue of subsection (2)( c)
includes provision—
(a) for the registration or continued registration of any person  to
be subject to prescribed conditions or, if the regulations soprovide, such conditions as the Secretary of State thinks fit,and
(b) for the Secretary of State to vary or revoke those condition s.
( 4 ) T h e  c o n d i t i o n s  i m p o s e d  b y  v i r t u e  o f  s u b s e c t i o n  ( 2 ) ( c )  m a y  i n
particular include conditions—
(a) requiring a registered person, before he countersigns an
application at an individual’s request, to verify the identity of
that individual in the prescribed manner,
(b) requiring an application under section 113 or 115 to be
transmitted by electronic means to the Secretary of State bythe registered person who countersigns it, and
(c) requiring a registered person to comply with any code of
practice for the time being in force under section 122.”
8 At the end of the sidenote to section 120A (refusal and cancel lation of
registration) there is inserted “on grounds related to disclosu re”.
9 After section 120A there is inserted— Criminal Justice Act 2003 (c. 44)
Schedule 35 — Criminal record certificates: amendments of Part 5 of Police Act 1997413
“120AA  Refusal, cancellation or suspension of registration on other grounds
(1) Regulations may make provision enabling the Secretary of Sta te in
prescribed cases to refuse to register a person who, in the opi nion of
the Secretary of State, is likely to countersign fewer applicat ions
under this Part in any period of twelve months than a prescribe d
minimum number.
(2) Subsection (3) applies where a registered person—
(a) is, in the opinion of the Secretary of State, no longer like ly to
wish to countersign applications under this Part,
(b) has, in any period of twelve months during which he was
registered, countersigned fewer applications under this Partthan the minimum number specified in respect of him byregulations under subsection (1), or
(c) has failed to comply with any condition of his registration.
(3) Subject to section 120AB, the Secretary of State may—
(a) suspend that person’s registration for such period not
exceeding 6 months as the Secretary of State thinks fit, or
(b) remove that person from the register.
120AB  Procedure for cancellation or suspension under section 1 20AA
(1) Before cancelling or suspending a person’s registration by v irtue of
section 120AA, the Secretary of State must send him written not ice of
his intention to do so.
(2) Every such notice must—
(a) give the Secretary of State’s reasons for proposing to cance l
or suspend the registration, and
(b) inform the person concerned of his right under subsection (3 )
to make representations.
(3) A person who receives such a notice may, within 21 days of s ervice,
make representations in writing to the Secretary of State as to  why
the registration should not be cancelled or suspended.
(4) After considering such representations, the Secretary of Sta te must
give the registered person written notice—
(a) that at the end of a further period of six weeks beginning w ith
the date of service, the person’s registration will be cancelle d
or suspended, or
(b) that he does not propose to take any further action.
(5) If no representations are received within the period mention ed in
subsection (3) the Secretary of State may cancel or suspend theperson’s registration at the end of the period mentioned in tha t
subsection.
(6) Subsection (1) does not prevent the Secretary of State from imposing
on the registered person a lesser sanction than that specified in the
notice under that subsection.
(7) Any notice under this section that is required to be given i n writing
may be given by being transmitted electronically.Criminal Justice Act 2003 (c. 44)
Schedule 35 — Criminal record certificates: amendments of Part 5 of Police Act 1997414
(8) This section does not apply where—
(a) the Secretary of State is satisfied, in the case of a regist ered
person other than a body, that the person has died or isincapable, by reason of physical or mental impairment, ofcountersigning applications under this Part, or
(b) the registered person has requested to be removed from the
register.
(9) The Secretary of State may by regulations amend subsection ( 4)(a) by
substituting for the period there specified, such other period as may
be specified in the regulations.”
10 After section 122 there is inserted—
“122A  Delegation of functions of Secretary of State
(1) The Secretary of State may, to such extent and subject to su ch
conditions as he thinks fit, delegate any relevant function of his
under this Part to such person as he may determine.
(2) A function is relevant for the purposes of subsection (1) if  it does not
consist of a power—
(a) to make regulations, or
(b) to publish or revise a code of practice or to lay any such c ode
before Parliament.
(3) A delegation under subsection (1) may be varied or revoked a t any
time.”
11 After section 124 (offences: disclosure) there is inserted—
“124A  Further offences: disclosure of information obtained in connection 
with delegated function
(1) Any person who is engaged in the discharge of functions conf erred
by this Part on the Secretary of State commits an offence if hediscloses information which has been obtained by him in connect ion
with those functions and which relates to a particular person u nless
he discloses the information, in the course of his duties,—
(a) to another person engaged in the discharge of those
functions,
(b) to the chief officer of a police force in connection with a
request under this Part to provide information to theSecretary of State, or
(c) to an applicant or registered person who is entitled under t his
Part to the information disclosed to him.
(2) Where information is disclosed to a person and the disclosur e—
(a) is an offence under subsection (1), or
(b) would be an offence under subsection (1) but for subsection
(3)(a), (d) or (e),
the person to whom the information is disclosed commits an offe nce
if he discloses it to any other person.Criminal Justice Act 2003 (c. 44)
Schedule 35 — Criminal record certificates: amendments of Part 5 of Police Act 1997415
(3) Subsection (1) does not apply to a disclosure of information  which is
made—
(a) with the written consent of the person to whom the
information relates,
(b) to a government department,
(c) to a person appointed to an office by virtue of any enactmen t,
(d) in accordance with an obligation to provide information
under or by virtue of any enactment, or
(e) for some other purpose specified in regulations made by the
Secretary of State.
(4) A person who is guilty of an offence under this section shal l be liable
on summary conviction to imprisonment for a term not exceeding 51
weeks or to a fine not exceeding level 3 on the standard scale,  or to
both.
(5) In relation to an offence committed before the commencement of
section 281(5) of the Criminal Justice Act 2003, the reference in
subsection (4) to 51 weeks is to be read as a reference to 6 mo nths.”
12 In section 125 (regulations)—
(a) subsection (3) is omitted, and
(b) in subsection (4), the words “to which subsection (3) does n ot apply”
are omitted.
SCHEDULE 36 Section 331
FURTHER  MINOR  AND  CONSEQUENTIAL  AMENDMENTS
PART 1
BAIL
Bail Act 1976 (c. 63)
1The Bail Act 1 976 is amended as follows.
2 (1) Section 5(6A)(a) (supplementary provisions about decisions on bail) is
amended as follows.
(2) After “examination)” there is inserted “, section 52(5) of t he Crime and
Disorder Act 1998 (adjournment of proceedings under section 51 etc)”.
(3) After sub-paragraph (ii) there is inserted—
“(iia) section 17C (intention as to plea:
adjournment), or”.
(4) After sub-paragraph (iii) there is inserted “or
(iiia) section 24C (intention as to plea by child or
young person: adjournment),”.
3 In Part 3 of Schedule 1 (interpretation) for paragraph 2 there  is substituted—
“2 References in this Schedule to previous grants of bail includ e—
(a) bail granted before the coming into force of this Act;Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 1 — Bail416
(b) as respects the reference in paragraph 2A of Part 1 of this
Schedule (as substituted by section 14(1) of the CriminalJustice Act 2003), bail granted before the coming into forceof that paragraph;
(c) as respects the references in paragraph 6 of Part 1 of this
Schedule (as substituted by section 15(1) of the CriminalJustice Act 2003), bail granted before the coming into forceof that paragraph;
(d) as respects the references in paragraph 9AA of Part 1 of
this Schedule, bail granted before the coming into force ofthat paragraph;
(e) as respects the references in paragraph 9AB of Part 1 of thi s
Schedule, bail granted before the coming into force of thatparagraph;
(f) as respects the reference in paragraph 5 of Part 2 of this
Schedule (as substituted by section 13(4) of the CriminalJustice Act 2003), bail granted before the coming into forceof that paragraph.”
Supreme Court Act 1981 (c. 54)
4 (1) Section 81 of the Supreme Court Act 1981 (bail) is amended as follows.
(2) In subsection (1)(g) after “examination)” there is inserted “, section 52(5) of
the Crime and Disorder Act 1998 (adjournment of proceedings und er section
51 etc)”.
(3) In subsection (1)(g) the word “or” at the end of sub-paragra ph (ii) is omitted
and after that sub-paragraph there is inserted—
“(iia) section 17C (intention as to plea: adjournment);”.
(4) In subsection (1)(g) after sub-paragraph (iii) there is inse rted “or
(iiia) section 24C (intention as to plea by child or young
person: adjournment);”.
Police and Criminal Evidence Act 1984 (c. 60)
5 In section 38(2A) of the Police and Criminal Evidence Act 1984  (bail granted
by custody officer after charge)—
(a) for “2” there is substituted “2(1)”, and
(b) after “1976” there is inserted “(disregarding paragraph 2(2)  of that
Part)”.
P
ART 2
CHARGING  ETC
Criminal Law Act 1977 (c. 45)
6 In section 39 of the Criminal Law Act 1977 (service of summons  and citation
throughout United Kingdom) for subsection (1) there is substitu ted—
“(1) The following documents, namely—
(a) a summons requiring a person charged with an offence to
appear before a court in England or Wales,Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 2 — Charging etc417
(b) a written charge (within the meaning of section 29 of the
Criminal Justice Act 2003) charging a person with an offence,
(c) a requisition (within the meaning of that section) requiring  a
person charged with an offence to appear before a court inEngland or Wales, and
(d) any other document which, by virtue of any enactment, may
or must be served on a person with, or at the same time as, adocument mentioned in paragraph (a), (b) or (c) above,
may, in such manner as may be prescribed by rules of court, be
served on him in Scotland or Northern Ireland.”
Magistrates’ Courts Act 1980 (c. 43)
7 The Magistrates’ Courts Act 1980 is amended as follows.
8 (1) Section 1 (issue of summons to accused or warrant for his a rrest) is amended
as follows.
(2) In subsection (3) after “section” there is inserted “upon an  information being
laid”.
(3) In subsection (4) after “summons” there is inserted “, or a written charge and
requisition,”.
(4) In subsection (6) after “has” there is inserted “, or a writ ten charge and
requisition have,”.
(5) After subsection (6) there is inserted—
“(6A) Where the offence charged is an indictable offence and a w ritten
charge and requisition have previously been issued, a warrant m ay
be issued under this section by a justice of the peace upon a c opy of
the written charge (rather than an information) being laid befo re the
justice by a public prosecutor.”
(6) After subsection (7) there is inserted—
“(7A) For the purposes of subsection (6A) above, a copy of a wri tten charge
may be laid before, and a warrant under this section may be iss ued
by, a single justice of the peace.”
9 In section 150(1) (interpretation of other terms) after the de finition of
“prescribed” there is inserted—
“public prosecutor”, “requisition” and “written charge” have th e same
meaning as in section 29 of the Criminal Justice Act 2003;”.
Prosecution of Offences Act 1985 (c. 23)
10 (1) Section 15 of the Prosecution of Offences Act 1985 (interp retation) is
amended as follows.
(2) In subsection (1) after the definition of “public authority”  there is inserted—
““public prosecutor”, “requisition” and “written charge” have t he
same meaning as in section 29 of the Criminal Justice Act 2003; ”.
(3) In subsection (2), after paragraph (b) there is inserted—
“(ba) where a public prosecutor issues a written charge and
requisition for the offence, when the written charge andrequisition are issued;”.Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 2 — Charging etc418
Criminal Justice and Public Order Act 1994 (c. 33)
11 (1) Section 51 of the Criminal Justice and Public Order Act 19 94 (intimidation,
etc, of witnesses, jurors and others) is amended as follows.
(2) In subsection (9), for the word “and” at the end of the defi nition of
“potential” there is substituted—
““public prosecutor”, “requisition” and “written charge” have
the same meaning as in section 29 of the Criminal Justice Act2003;”
(3) In subsection (10)(a), after sub-paragraph (i) there is inse rted—
“(ia) when a public prosecutor issues a written charge and
requisition in respect of the offence;”.
Drug Trafficking Act 1994 (c. 37)
12 (1) Section 60 of the Drug Trafficking Act 1994 (prosecution b y order of
Commissioners of Customs and Excise) is amended as follows.
(2) In subsection (6) for the word “and” at the end of the defin ition of “officer”
there is substituted—
““public prosecutor”, “requisition” and “written charge” have
the same meaning as in section 29 of the Criminal Justice Act2003;”.
(3) In subsection (6A), after paragraph (a) there is inserted—
“(aa) when a public prosecutor issues a written charge and
requisition in respect of the offence;”.
Merchant Shipping Act 1995 (c. 21)
13 (1) Section 145 of the Merchant Shipping Act 1995 (interpretat ion of section 144)
is amended as follows.
(2) In subsection (2)(a), after sub-paragraph (i) there is inser ted—
“(ia) when a public prosecutor issues a written charge and
requisition in respect of the offence;”.
(3) After subsection (2) there is inserted—
“(2A) In subsection (2) above “public prosecutor”, “requisition”  and
“written charge” have the same meaning as in section 29 of theCriminal Justice Act 2003.”
Terrorism Act 2000 (c. 11)
14 (1) Paragraph 11 of Schedule 4 to the Terrorism Act 2000 (proc eedings for an
offence: timing) is amended as follows.
(2) In sub-paragraph (1), after paragraph (a) there is inserted—
“(aa) when a public prosecutor issues a written charge and
requisition in respect of the offence;”.
(3) After sub-paragraph (2) there is inserted—
“(2A) In sub-paragraph (1) “public prosecutor”, “requisition” an d
“written charge” have the same meaning as in section 29 of theCriminal Justice Act 2003.”Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 2 — Charging etc419
Proceeds of Crime Act 2002 (c. 29)
15 (1) Section 85 of the Proceeds of Crime Act 2002 (proceedings)  is amended as
follows.
(2) In subsection (1), after paragraph (a) there is inserted—
“(aa) when a public prosecutor issues a written charge and
requisition in respect of the offence;”.
(3) After subsection (8) there is inserted—
“(9) In this section “public prosecutor”, “requisition” and “wri tten
charge” have the same meaning as in section 29 of the CriminalJustice Act 2003.”
Crime (International Co-operation) Act 2003 (c. 32)
16 After section 4 of the Crime (International Co-operation) Act  2003 there is
inserted—
“4A General requirements for service of written charge or requis ition
(1) This section applies to the following documents issued for t he
purposes of criminal proceedings in England and Wales by aprosecutor—
(a) a written charge (within the meaning of section 29 of the
Criminal Justice Act 2003),
(b) a requisition (within the meaning of that section).
(2) The written charge or requisition may be issued in spite of the fact
that the person on whom it is to be served is outside the Unite d
Kingdom.
(3) Where the written charge or requisition is to be served outs ide the
United Kingdom and the prosecutor believes that the person onwhom it is to be served does not understand English, the writte n
charge or requisition must be accompanied by a translation of i t in an
appropriate language.
(4) A written charge or requisition served outside the United Ki ngdom
must be accompanied by a notice giving any information required  to
be given by rules of court.
(5) If a requisition is served outside the United Kingdom, no ob ligation
under the law of England and Wales to comply with the requisiti on
is imposed by virtue of the service.
(6) Accordingly, failure to comply with the requisition is not a  ground
for issuing a warrant to secure the attendance of the person inquestion.
(7) But the requisition may subsequently be served on the person  i n
question in the United Kingdom (with the usual consequences fornon-compliance).Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 2 — Charging etc420
4B Service of written charge or requisition otherwise than by po st
(1) A written charge or requisition to which section 4A applies may,
instead of being served by post, be served on a person outside the
United Kingdom in accordance with arrangements made by theSecretary of State.
(2) But where the person is in a participating country, the writ ten charge
or requisition may be served in accordance with those arrangeme nts
only if one of the following conditions is met.
(3) The conditions are—
(a) that the correct address of the person is unknown,
(b) that it has not been possible to serve the written charge or
requisition by post,
(c) that there are good reasons for thinking that service by pos t
will not be effective or is inappropriate.”
P
ART 3
DISCLOSURE
Prosecution of Offences Act 1985 (c. 23)
17 In section 22B of the Prosecution of Offences Act 1985 (re-in stitution of
proceedings stayed under section 22(4) or 22A(5)), in subsectio n (5)(a) for
“section 3, 4, 7 or 9” there is substituted “section 3, 4 or 7A ”.
Criminal Justice Act 1987 (c. 38)
18 In section 9 of the Criminal Justice Act 1987 (preparatory he arings in serious
fraud cases etc.), paragraphs (i) and (iii) of subsection (5) a re omitted.
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
19 In Article 8 of the Criminal Justice (Serious Fraud) (Norther n Ireland) Order
1988 (preparatory hearings in serious fraud cases etc.), sub-pa ragraphs (i)
and (iii) of paragraph (5) are omitted.
Criminal Procedure and Investigations Act 1996 (c. 25)
20 The Criminal Procedure and Investigations Act 1996 is amended  as follows.
21In section 3 (primary disclosure by prosecutor), for the head ing there is
substituted “ Initial duty of prosecutor to disclose ”.
22 In section 4 (primary disclosure: further provisions), in the  heading for
“Primary disclosure ” there is substituted “ Initial duty to disclose ”.
23 In section 5 (compulsory disclosure by accused), subsections (6) to (9) are
omitted.
24 In section 6 (voluntary disclosure by accused), subsection (3 ) is omitted.
25 Section 7 (secondary disclosure by prosecutor) shall cease to  have effect.
26 Section 9 (continuing duty of prosecutor to disclose) shall c ease to have
effect.Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 3 — Disclosure421
27 In section 10 (prosecutor’s failure to observe time limits), in subsection (1),
for paragraph (b) there is substituted—
“(b) purports to act under section 7A(5) after the end of the pe riod
which, by virtue of section 12, is the relevant period forsection 7A.”
28 In section 12 (time limits)—
(a) in subsection (1), for “and 7” there is substituted “, 6B, 6 C and 7A(5)”;
(b) in subsection (5), for “7” there is substituted “7A(5)”.
29 In section 13 (time limits: transitional), for subsection (2)  t h e r e  i s
substituted—
“(2) As regards a case in relation to which no regulations under  section
12 have come into force for the purposes of section 7A, section  7A(5)
shall have effect as if—
(a) in paragraph (a) for the words from “during the period” to
the end, and
(b) in paragraph (b) for “during that period”,
there were substituted “as soon as is reasonably practicable af ter the
accused gives the statement in question”.
30 In section 14 (public interest: review for summary trials), i n subsection (2)(a),
for “7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”.
31In section 1 5 (public interest: review in other cases), in su bsection (2)(a), for
“7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”.
32 In section 16 (applications: opportunity to be heard), in par agraph (a) and in
the words after paragraph (c), for “7(5), 8(5), 9(8)” there is substituted “7A(8),
8(5)”.
33 In section 17 (confidentiality of disclosed information), in subsection (1)(a),
for “7, 9” there is substituted “7A”.
34 In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5),
9(8)” there is substituted “5(5B), 6B(6), 6E(5), 7A(8), 8(2) or  (5)”.
35 In section 20 (other statutory rules as to disclosure)—
(a) subsection (2) is omitted, and
(b) in subsection (5)(a), for “sections 3 to 9” there is substit uted “sections
3 to 8”.
36 In section 31 (preparatory hearings in complex cases etc.), p aragraphs (a)
and (c) of subsection (6) are omitted.
37 (1) Section 77 (orders and regulations) is amended as follows.
(2) In subsection (5)—
(a) after “No” there is inserted “regulations or”, and
(b) after “section” there is inserted “6A or”.
(3) In subsection (6)(b) after “regulations” there is inserted “ (other than
regulations under section 6A)”.
38 In Schedule 4 (modifications for Northern Ireland), in paragr aph 7, for “3(6),
7(5), 8(5) or 9(8)” there is substituted “3(6), 7A(8) or 8(5)”.Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 3 — Disclosure422
Sexual Offences (Protected Material) Act 1997 (c. 39)
39 In section 9(4) of the Sexual Offences (Protected Material) A ct 1997 (which,
when in force, will add a subsection (6) to section 1 of the Cr iminal
Procedure and Investigations Act 1996), for “section 3, 7 or 9”  there is
substituted “section 3 or 7A”.
PART 4
TRIALS  ON INDICTMENT  WITHOUT  A JURY
Indictments Act 1915 (c. 90)
40 (1) Section 5 of the Indictments Act 1915 (orders for amendmen t of indictment,
separate trial and postponement of trial) is amended as follows .
(2) In subsection (5)(a) for “are to” there is substituted “(if there is one)”.
(3) In subsection (5)(b) after “discharged” there is inserted “u nder paragraph
(a)”.
Criminal Law Act 1967 (c. 58)
41In section 6(4) of the Criminal Law Act 1 967 (trial of offenc es) after “jury”
there is inserted “or otherwise act”.
Criminal Justice Act 1967 (c. 80)
42 In section 17 of the Criminal Justice Act 1967 (entry of verd ict of not guilty
by order of a judge)—
(a) for “the defendant being given in charge to a jury” there is
substituted “any further steps being taken in the proceedings”,  and
(b) after “verdict of a jury” there is inserted “or a court”.
Criminal Law Act (Northern Ireland) 1967 (c. 18)
43 In section 6(3) of the Criminal Law Act (Northern Ireland) 19 67 (trial of
offences) after “jury” there is inserted “or otherwise act”.
Criminal Appeal Act 1968 (c. 19)
44 In section 7(2)(c) of the Criminal Appeal Act 1968 (power to order retrial)—
(a) for “the jury were discharged from giving a verdict” there i s
substituted “no verdict was given”, and
(b) for “convicting him” there is substituted “his being convict ed”.
Judicature (Northern Ireland) Act 1978 (c. 23)
45 (1) Section 48 of the Judicature (Northern Ireland) Act 1978 ( committal for trial
on indictment) is amended as follows.
(2) In subsection (6A) for “the jury are sworn” there is substit uted “the time
when the jury are sworn”.
(3) After subsection (6A) there is inserted—Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury423
“(6B) The reference in subsection (6A) to the time when the jury  are sworn
includes the time when the jury would be sworn but for—
(a) the making of an order under Part 7 of the Criminal Justice
Act 2003, or
(b) the application of section 75 of the Terrorism Act 2000.”
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
46 In section 6(3)(c) of the Criminal Appeal (Northern Ireland) Act 1980 (power
to order retrial) for “the jury were discharged from giving a v erdict” there is
substituted “no verdict was given”.
Supreme Court Act 1981 (c.54)
47 (1) Section 76 of the Supreme Court Act 1981 (committal for tr ial: alteration of
place of trial) is amended as follows.
(2) In subsection (2A) for “the jury are sworn” there is substit uted “the time
when the jury are sworn”
(3) After subsection (2A) there is inserted—
“(2B) The reference in subsection (2A) to the time when the jury  are sworn
includes the time when the jury would be sworn but for the maki ng
of an order under Part 7 of the Criminal Justice Act 2003.”
Police and Criminal Evidence Act 1984 (c. 60)
48 (1) Section 77 of the Police and Criminal Evidence Act 1984 (c onfessions of
mentally handicapped persons) is amended as follows.
(2) In subsection (1) after “indictment” there is inserted “with  a jury”.
(3) In subsection (2) after “indictment” there is inserted “with  a jury”.
(4) After subsection (2) there is inserted—
“(2A) In any case where at the trial on indictment without a jur y of a person
for an offence it appears to the court that a warning under sub section
(1) above would be required if the trial were with a jury, the court
shall treat the case as one in which there is a special need fo r caution
before convicting the accused on his confession.”
Prosecution of Offences Act 1985 (c.23)
49 The Prosecution of Offences Act 1985 is amended as follows.
50 In section 7A(6)(a) (powers of non-legal staff) for “by a jur y” there is
substituted “on indictment”.
51(1 ) Section 22 (power of Secretary of State to set time limits  in relation to
preliminary stages of criminal proceedings) is amended as follo ws.
(2) In subsection (11A)—
(a) for “when a jury is sworn” there is substituted “at the time  when a
jury is sworn”,
(b) for “a jury is sworn” there is substituted “the time when a jury is
sworn”.
(3) After that subsection there is inserted—Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury424
“(11AA) The references in subsection (11A) above to the time whe n a jury is
sworn include the time when that jury would be sworn but for th e
making of an order under Part 7 of the Criminal Justice Act 200 3.”
Criminal Justice Act 1987 (c.38)
52 The Criminal Justice Act 1987 is amended as follows.
53 (1) Section 7 (power to order preparatory hearing) is amended as follows.
(2) In subsection (1) for “the jury are sworn” there is substitu ted “the time when
the jury are sworn”.
(3) After subsection (2) there is inserted—
“(2A) The reference in subsection (1) above to the time when the  jury are
sworn includes the time when the jury would be sworn but for th e
making of an order under Part 7 of the Criminal Justice Act 200 3.”
54 (1) Section 9 (the preparatory hearing) is amended as follows.
(2) In subsection (4)(b) for “the jury” there is substituted “a jury”.
(3) In subsection (13) for “no jury shall be sworn” there is sub stituted “the
preparatory hearing shall not be concluded”.
55 (1) Section 10 (later stages of trial) is amended as follows.
(2) In subsection (2) after “jury” there is inserted “or, in the  case of a trial without
a jury, the judge”.
(3) In subsection (3) for “deciding whether to give leave” there  is substituted
“doing anything under subsection (2) above or in deciding wheth er to do
anything under it”.
(4) In subsection (4) for “Except as provided by this section” t here is substituted
“Except as provided by this section, in the case of a trial wit h a jury”.
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
56 The Criminal Justice (Serious Fraud) (Northern Ireland) Order  19 8 8  i s
amended as follows.
57 (1) Article 6 (power to order preparatory hearing) is amended as follows.
(2) In paragraph (1) for “the jury are sworn” there is substitut ed “the time when
the jury are sworn”.
(3) After paragraph (2) there is inserted—
“(2A) The reference in paragraph (1) to the time when the jury a re sworn
includes the time when the jury would be sworn but for—
(a) the making of an order under Part 7 of the Criminal Justice
Act 2003, or
(b) the application of section 75 of the Terrorism Act 2000.”
58 (1) Article 8 (the preparatory hearing) is amended as follows.
(2) In paragraph (4)(b) for “the jury” there is substituted “a j ury”.
(3) In paragraph (12) for “no jury shall be sworn” there is subs tituted “the
preparatory hearing shall not be concluded”.
59 (1) Article 9 (later stages of trial) (as originally enacted) is amended as follows.Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury425
(2) In paragraph (1) after “jury” there is inserted “or, in the case of a trial without
a jury, the judge”.
(3) In paragraph (2) for “deciding whether to give leave” there is substituted
“doing anything under paragraph (1) or in deciding whether to d o anything
under it”.
(4) In paragraph (3) for “Except as provided by this Article” th ere is substituted
“Except as provided by this Article, in the case of a trial wit h a jury”.
60 (1) Article 9 (later stages of trial) (as substituted by parag raph 6 of Schedule 3 to
the Criminal Procedure and Investigations Act 1996 (c. 25)) is a mended as
follows.
(2) In paragraph (2) after “jury” there is inserted “or, in the case of a trial without
a jury, the judge”.
(3) In paragraph (3) for “deciding whether to give leave” there is substituted
“doing anything under paragraph (2) or in deciding whether to d o anything
under it”.
(4) In paragraph (4) for “Except as provided by this Article” th ere is substituted
“Except as provided by this Article, in the case of a trial wit h a jury”.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I . 1989/1341 (N.I. 12))
61(1 ) Article 75 of the Police and Criminal Evidence (Northern I reland) Order
1989 (confessions of mentally handicapped persons) is amended a s follows.
(2) In paragraph (1) after “indictment” there is inserted “with a jury”.
(3) In paragraph (2) after “indictment” there is inserted “with a jury”.
(4) After paragraph (2) there is inserted—
“(2A) In any case where at the trial on indictment without a jur y of a
person for an offence it appears to the court that a warning un der
paragraph (1) would be required if the trial were with a jury, the
court shall treat the case as one in which there is a special n eed for
caution before convicting the accused on his confession.”
Criminal Justice and Public Order Act 1994 (c. 33)
62 The Criminal Justice and Public Order Act 1994 is amended as follows.
63 In section 35(2) (effect of accused’s silence at trial) after  “indictment” there is
inserted “with a jury”.
64 In section 51(10)(b) (intimidation of witnesses, jurors and o thers) after
“finding” there is inserted “otherwise than in circumstances wh ere the
proceedings are continued without a jury”.
Criminal Procedure and Investigations Act 1996 (c.25)
65 The Criminal Procedure and Investigations Act 1996 is amended  as follows.
66 (1) Section 29 (power to order preparatory hearing) is amended  as follows.
(2) In subsection (1)(a) for “the jury are sworn” there is subst ituted “the time
when the jury are sworn”.
(3) After subsection (4) there is inserted—Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury426
“(5) The reference in subsection (1)(a) to the time when the jur y are sworn
includes the time when the jury would be sworn but for the maki ng
of an order under Part 7 of the Criminal Justice Act 2003.”
67 In section 31(4)(b) (the preparatory hearing) for “the jury” there is
substituted “a jury”.
68 (1) Section 34 (later stages of trial) is amended as follows.
(2) In subsection (2) after “jury” there is inserted “or, in the  case of a trial without
a jury, the judge”.
(3) In subsection (3) for “deciding whether to give leave” there  is substituted
“doing anything under subsection (2) or in deciding whether to do anything
under it”.
(4) In subsection (4) for “Except as provided by this section” t here is substituted
“Except as provided by this section, in the case of a trial wit h a jury”.
69 In section 35(2) (appeals to Court of Appeal) for “no jury sh all be sworn”
there is substituted “the preparatory hearing shall not be conc luded”.
70 In section 36(2) (appeals to House of Lords) for “no jury sha ll be sworn”
there is substituted “the preparatory hearing shall not be conc luded”.
71(1 ) Section 39 (meaning of pre-trial hearing) is amended as fo llows.
(2) In subsection (3)—
(a) for “when a jury is sworn” there is substituted “at the time  when a
jury is sworn”,
(b) for “a jury is sworn” there is substituted “the time when a jury is
sworn”.
(3) After that subsection there is inserted—
“(4) The references in subsection (3) to the time when a jury is  sworn
include the time when that jury would be sworn but for the maki ng
of an order under Part 7 of the Criminal Justice Act 2003.”
72 (1) Schedule 4 (modifications for Northern Ireland) is amended  as follows.
(2) In paragraph 15 after the substituted version of section 39( 2) there is
inserted—
“(2A) But, for the purposes of this Part, a hearing of the kind mentioned in
section 45(2)(b) of the Criminal Justice Act 2003 is not a pre- trial
hearing.”
(3) In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—
(a) for “when a jury is sworn” there is substituted “at the time  when a
jury is sworn”, and
(b) for “a jury is sworn” there is substituted “the time when a jury is
sworn”.
(4) After paragraph 15 there is inserted—
“15A In section 39(4) for “(3)” substitute “(3)(b)”.”
Crime and Disorder Act 1998 (c. 37)
73 In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act  19 9 8
(applications for dismissal) for “a jury properly to convict hi m” there is
substituted “him to be properly convicted”.Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury427
Youth Justice and Criminal Evidence Act 1999 (c. 23)
74 The Youth Justice and Criminal Evidence Act 1999 is amended a s follows.
75 In section 32 (warning to jury) after “indictment” there is i nserted “with a
jury”.
76 In section 39(1) (warning to jury) after “indictment” there i s inserted “with a
jury”.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
77 In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Cr ime and Security
Act 2001 (general interpretation) after “finding” there is inse rted “otherwise
than in circumstances where the proceedings are continued witho ut a jury”.
Proceeds of Crime Act 2002 (c. 29)
78 In section 316(9)(c) of the Proceeds of Crime Act 2002 (gener al
interpretation) after “finding” there is inserted “otherwise th an in
circumstances where the proceedings are continued without a jur y”.
PART 5
EVIDENCE
Criminal Procedure Act 1865 (c. 18)
79 In section 6 of the Criminal Procedure Act 1865 (witness’s co nviction for
offence may be proved if not admitted)—
(a) for “A witness may be” there is substituted “If, upon a witn ess being
lawfully”;
(b) the words “and upon being so questioned, if” are omitted.
Criminal Evidence Act 1898 (c. 36)
80 In section 1 of the Criminal Evidence Act 1898 (defendant as witness)—
(a) at the beginning of subsection (2) there is inserted “Subjec t to section
101 of the Criminal Justice Act 2003 (admissibility of evidence  o f
defendant’s bad character),”;
(b) subsection (3) is omitted.
Army Act 1955 (c. 18)
81 In section 99(1) of the Army Act 1955 (rules of evidence) aft er “courts-martial
etc)” there is inserted “to Schedules 6 and 7 to the Criminal J ustice Act 2003”.
Air Force Act 1955 (c. 19)
82 In section 99(1) of the Air Force Act 1955 (rules of evidence ) after “courts-
martial etc)” there is inserted “to Schedules 6 and 7 to the Cr iminal Justice
Act 2003”.Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 5 — Evidence428
Naval Discipline Act 1957 (c. 53)
83 In section 64A(1) of the Naval Discipline Act 1957 (rules of evidence) after
“courts-martial etc)” there is inserted “to Schedules 6 and 7 t o the Criminal
Justice Act 2003”.
Armed Forces Act 1976 (c. 52)
84 In paragraph 11(1) of Schedule 3 to the Armed Forces Act 1976  (rules of
evidence) after “paragraph 12 below” there is inserted “to Sche dules 6 and 7
to the Criminal Justice Act 2003”.
Police and Criminal Evidence Act 1984 (c. 60)
85 (1) Section 74 of the Police and Criminal Evidence Act 1984 (c onviction as
evidence of commission of offence) is amended as follows.
(2) In subsection (1) (commission of offence by non-defendant) f or the words
from “, where to do so” to “committed that offence” there is su bstituted “that
that person committed that offence, where evidence of his havin g done so is
admissible”.
(3) In subsection (3) (commission of offence by defendant) the w ords from “in
so far” to “he is charged,” are omitted.
PART 6
MISCELLANEOUS
Criminal Appeal Act 1968 (c. 19)
86 The Criminal Appeal Act 1968 is amended as follows.
87 In section 31(1) (powers of Court of Appeal exercisable by si ngle judge) after
paragraph (a) there is inserted—
“(aa) the power to give leave under section 14(4B) of the Crimin al
Appeal Act 1995;”.
88 In section 31A (powers of Court of Appeal exercisable by regi strar) after
subsection (4) there is inserted—
“(5) In this section “respondent” includes a person who will be a
respondent if leave to appeal is granted.”
89 In section 45 (construction of references to Court of Appeal) —
(a) in subsection (1), for “section 44A” there is substituted “s ections 44A
and 51”,
(b) in subsection (2) after “sections” there is inserted “23A,”.
90 (1) Section 51 (interpretation) is amended as follows.
(2) In subsection (1) the definition of “the defendant” is omitt ed.
(3) After that subsection there is inserted—
“(1A) In Part 2 of this Act “the defendant”—
(a) in relation to an appeal under section 33(1) of this Act aga inst
a decision of the Court of Appeal on an appeal under Part 1Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 6 — Miscellaneous429
of this Act, means the person who was the appellant before
the Court of Appeal,
(b) in relation to an appeal under section 33(1) of this Act aga inst
any other decision, means a defendant in the proceedingsbefore the Crown Court who was a party to the proceedingsbefore the Court of Appeal, and
(c) in relation to an appeal under section 33(1B) of this Act, s hall
be construed in accordance with section 33(4) of this Act;
and, subject to section 33(1A) of this Act, “prosecutor” shall be
construed accordingly.”
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
91The Criminal Appeal (Northern Ireland) Act 1 980 is amended as  follows.
92 (1) Section 19 (legal aid) is amended as follows.
(2) In subsection (1) after “an appeal” there is inserted “under  this Part of this
Act”.
(3) In subsection (1A) for “for the purpose” there is substitute d “in respect”.
(4) In subsection (1A)(a)—
(a) the words “application for leave to” are omitted, and
(b) after “hearings)” there is inserted “or section 47 of the Cr iminal
Justice Act 2003”.
(5) For subsection (1A)(b) there is substituted—
“(b) any other appeal to the Court of Appeal under any Northern
Ireland legislation (whenever passed or made) fromproceedings before the Crown Court; or
(c) an application for leave to appeal in relation to an appeal
mentioned in paragraph (a) or (b) above.”
(6) After subsection (1A) there is inserted—
“(1B) The Crown Court or the Court of Appeal may order that an a cquitted
person shall be given legal aid in respect of an application ma de in
relation to him under section 76 of the Criminal Justice Act 20 03.”
(7) In subsection (3) for “an appellant” there is substituted “a  person”.
93 (1) Section 28 (costs) is amended as follows.
(2) In subsection (2)(a) for “this Part” there is substituted “s ection 19(1)”.
(3) After subsection (2) there is inserted—
“(2AA) The expenses of any solicitor or counsel assigned to a pe rson
pursuant to a grant of legal aid under section 19(1A) or (1B) o f this
Act shall, up to an amount allowed by the Master (Taxing Office ), be
defrayed by the Lord Chancellor.”
(4) In subsection (2A) after “(2)(a)” there is inserted “or (2AA )”.
(5) In subsection (2G)—
(a) after “(2)(a)” there is inserted “or (2AA)”, and
(b) for “subsection (2)” there is substituted “subsections (2) a nd (2AA)”.
94 For section 31(3) (definition of defendant and prosecutor) th ere is
substituted—Criminal Justice Act 2003 (c. 44)
Schedule 36 — Further minor and consequential amendments
Part 6 — Miscellaneous430
“(3) In this Part of this Act “the defendant”—
(a) in relation to an appeal under subsection (1) above against a
decision of the Court on an appeal under Part 1 of this Act,means the person who was the appellant before the Court;
(b) in relation to an appeal under subsection (1) above against
any other decision, means a defendant in the proceedingsbefore the Crown Court who was a party to the proceedingsbefore the Court;
(c) in relation to an appeal under subsection (1B) above, shall be
construed in accordance with subsection (4) below;
and, subject to subsection (1A) above, “prosecutor” shall be
construed accordingly.”
95 In section 45 (powers of Court of Appeal exercisable by singl e judge) after
subsection (3B) there is inserted—
“(3C) Subject to section 44(4) above, the power of the Court of Appeal to
give leave under section 14(4B) of the Criminal Appeal Act 1995  may
be exercised by a single judge of the Court.”
Criminal Justice Act 1988 (c. 33)
96 In section 36 of the Criminal Justice Act 1988 (reviews of se ntencing)—
(a) in subsection (3), for “10” there is substituted “11”,
(b) in subsection (9)(b), for “10 and 35(1)” there is substitute d “11 and
35(1)”.
Criminal Appeal Act 1995 (c. 35)
97 In section 15(2)(a) of the Criminal Appeal Act 1995 (investig ations by
Criminal Cases Review Commission for Court of Appeal) for “case ”, in both
places where it occurs, there is substituted “appeal or applica tion for leave
to appeal”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
98 In section 159 of the Powers of Criminal Courts (Sentencing) Act 2000
(execution of process between England and Wales and Scotland), for
“paragraph 3(2) of Schedule 1” there is substituted “paragraph 3(2) or 9C(2)
of Schedule 1”.
SCHEDULE 37 
Section 332
REPEALS
PART 1
REPEALS  RELATING  TO AMENDMENTS  OF POLICE  AND  CRIMINAL  EVIDENCE  ACT 1984
Short title and chapter Extent of repeal
Police and Criminal Evidence
Act 1984 (c. 60)In section 1(8), the word “and” at the end of
paragraph (c).Criminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 2 — Bail431
PART 2
BAILPolice and Criminal Evidence
Act 1984 (c. 60)— cont.In section 54(1), the words “and record or cause
to be recorded”.
In section 63(3)(a), the words “is in police
detention or”.
In section 67—
( a ) t h e  w o r d  “ s u c h ”  i n  s u b s e c t i o n s  ( 9 ) ,
(10)(a), (b) and (c) and in both places where itoccurs in subsection (11), and
(b) the words “of practice to which this
section applies” in subsection (9A).
In section 113—
(a) in subsection (4), the words “issued
under that subsection”,
(b) in subsection (8), the words “of practice
issued under this section”, and
(c) in subsection (10), the word “such” in
both places where it occurs.
Criminal Justice and Public
Order Act 1994 (c. 33) Section 29(3).
Armed Forces Act 2001 (c. 19) In section 2(9), the word “and” at  t h e  e n d  o f
paragraph (c).
Police Reform Act 2002 (c. 30) In Schedule 7, paragraph 9(1) and (6).
Short title and chapter Extent of repeal
Criminal Justice Act 1967 (c. 80) In section 22, in subsection (1 ) the words
“subject to section 25 of the Criminal Justiceand Public Order Act 1994” and in subsection(3) the words from “except that” to the end.
Courts Act 1971 (c. 23) In Schedule 8, in paragraph 48(b), the wo rd
“22(3)”.
Bail Act 1976 (c. 63) In section 3(6), the words “to secure that” .
In section 3A(5), the words “for the purpose of
preventing that person from”.
In section 5, in subsection (3), the words from
“with a view” to “another court”, and insubsection (6), in paragraph (a) the words “tothe High Court or” and paragraph (b).
In section 5A(2), in the substituted version of
section 5(3), the words from “with a view” to“vary the conditions”.
Supreme Court Act 1981 (c. 54) In section 81(1)(g), the word “or”  at the end of
sub-paragraph (ii).
Criminal Justice Act 1991 (c. 53) In Schedule 11, in paragraph 22 (2), the words
“and the words” onwards.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 3 — Disclosure432
PART 3
DISCLOSURE
PART 4
ALLOCATION  AND  SENDING  OF OFFENCESCriminal Justice and Public
Order Act 1994 (c. 33)Section 26.
In Schedule 10, paragraphs 15 and 34.
P o w e r s  o f  C r i m i n a l  C o u r t s
(Sentencing) Act 2000 (c. 6)In Schedule 9, paragraph 87(b).
Short title and chapter Extent of repeal
Criminal Justice Act 1987 (c. 38) In section 9(5)(i) and (iii).
Criminal Justice (Serious Fraud)
(Northern Ireland) Order1988 (S.I. 1988/1846 (N.I. 16))Article 8(5)(i) and (iii).
Criminal Procedure and
Investigations Act 1996 (c. 25)Section 5(6) to (9).
Section 6(3).Section 7.
Section 9.
Section 20(2).Section 31(6)(a) and (c).
Short title and chapter Extent of repeal
Bankers’ Books Evidence Act
1879 (c. 11)In section 4, the paragraph beginning “Where
the proceedings”.
In section 5, the paragraph beginning “Where
the proceedings”.
Explosive Substances Act 1883
(c. 3)Section 6(3).
Criminal Justice Act 1925 (c. 86) Section 49(2).
Administration of Justice
(Miscellaneous Provisions)Act 1933 (c. 36)In section 2(2), paragraphs (aa) to (ac),
paragraphs (iA) and (iB), and the words from“and in paragraph (iA)” to the end.
Criminal Justice Act 1948 (c. 58) Section 41(5A).
In section 80, the definition of “Court of
summary jurisdiction”.
Backing of Warrants (Republic
of Ireland) Act 1965 (c. 45)In the Schedule, in paragraph 4, the words “and
section 2 of the Poor Prisoners Defence Act1930 (legal aid before examining justices)”.
Criminal Procedure
(Attendance of Witnesses)Act 1965 (c. 69)Section 2(5).Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 4 — Allocation and sending of offences433
Criminal Justice Act 1967 (c. 80) In section 9(1), the words “, o ther than
committal proceedings”.
In section 36(1), the definition of “committal
proceedings”.
Criminal Appeal Act 1968
(c. 19)In section 9(2), the words from “section 41” to
“either way offence”.
Firearms Act 1968 (c. 27) In Schedule 6, in Part 2, paragraph 3.
Theft Act 1968 (c. 60) Section 27(4A).
Criminal Justice Act 1972 (c. 71) In section 46, subsections (1A)  to (1C).
Bail Act 1976 (c. 63) In section 3, subsections (8A) and (8B), an d the
subsection (10) inserted by paragraph 12(b) ofSchedule 9 to the Criminal Justice and PublicOrder Act 1994 (c. 33).
Section 5(6A)(a)(i).
Criminal Law Act 1977 (c. 45) In Schedule 12, the entry relating to the
Firearms Act 1968 (c. 27).
Interpretation Act 1978 (c. 30) In Schedule 1, in the definition of “Committed
for trial”, paragraph (a).
Customs and Excise
Management Act 1979 (c. 2)Section 147(2).
Magistrates’ Courts Act 1980
(c. 43) Sections 4 to 8, and the cross-heading preceding
section 4.
In section 8B(6)(a), the words “commits or”.
Section 24(1A) and (2).
In section 25, subsections (3) to (8).In section 33(1), paragraph (b) and the word
“and” immediately preceding it.
Section 42.
Section 97A.Section 103.
Section 106.
In section 128, in subsection (1)(b), the words
“inquiring into or”, and in each of subsections(1A)(a), (3A), (3C)(a) and (3E)(a), the word“5,”.
In section 130(1), the word “5,”.
Section 145(1)(f).
In section 150(1), the definition of “committal
proceedings”.
In section 155(2)(a), the words “8 (except
subsection (9))”.
In Schedule 3, paragraph 2(a).
In Schedule 5, paragraph 2.In Schedule 7, paragraph 73.
Criminal Justice (Amendment)
Act 1981 (c. 27)The whole Act.
Criminal Attempts Act 1981
(c. 47)In section 2(2)(g), the words “or committed for
trial”.
Contempt of Court Act 1981
(c. 49)Section 4(4).Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 4 — Allocation and sending of offences434
Supreme Court Act 1981 (c. 54) Section 76(5).
Section 77(4).
In section 81—
(a)  in subsection (1)(a), the words “who has
been committed in custody for appearancebefore the Crown Court or in relation towhose case a notice of transfer has been givenunder a relevant transfer provision or”,
(b)  subsection (1)(g)(i),
(c)  subsection (7).
Criminal Justice Act 1982 (c. 48) Section 61.
In Schedule 9, paragraph 1(a).
Mental Health Act 1983 (c. 20) In section 52(7)(b), the words “wh ere the court
proceeds under subsection (1) of thatsection,”.
Police and Criminal Evidence
Act 1984 (c. 60)Section 62(10)(a)(i).
In section 71, the paragraph beginning “Where
the proceedings”.
Section 76(9).Section 78(3).
Prosecution of Offences Act
1985 (c. 23)In section 16, subsections (1)(b), (2)(aa) and (12).
In section 23A(1)(b), the words from “under” to
“1998”.
In Schedule 1, paragraphs 2 and 3.
Criminal Justice Act 1987 (c. 38) Sections 4 to 6.
In section 11—
(a)  subsection (2)(a),
(b)  subsection (3),
(c)  in subsection (7), the word “(3),”,
(d)  in subsection (8), the word “(3),”,
(e)  subsections (9) and (10),
(f)  in subsection (11), paragraphs (a) and
(d).
In Schedule 2, paragraphs 1, 9 and 14.
Criminal Justice Act 1988 (c. 33) Section 23(5).
Section 24(5).In section 26, the paragraph beginning “This
section shall not apply”.
In section 27, the paragraph beginning “This
section shall not apply”.
Section 30(4A).Section 33.
In section 40(1), the words “were disclosed to a
magistrates’ court inquiring into the offenceas examining justices or”. 
Section 41.Section 144.
In Schedule 15, paragraphs 10, 66 and 104.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 4 — Allocation and sending of offences435
Road Traffic Offenders Act 1988
(c. 53)Section 11(3A).
Section 13(7).
Section 16(6A).Section 20(8A).
Courts and Legal Services Act
1990 (c. 41)In Schedule 18, paragraph 25(5).
Broadcasting Act 1990 (c. 42) In Schedule 20, paragraph 29(1).
Criminal Justice Act 1991 (c. 53) Section 53.
Section 55(1).
Schedule 6.In Schedule 11, paragraph 25.
Criminal Justice and Public
Order Act 1994 (c. 33)Section 34(2)(a).
Section 36(2)(a).Section 37(2)(a).
In Schedule 9, paragraphs 12, 17(c), 18(d), 25, 27,
29 and 49.
In Schedule 10, paragraphs 40 and 71.
Criminal Procedure and
Investigations Act 1996 (c. 25)I n  s e c t i o n  1( 2 ) ,  p a r a g r a p h s  ( a )  t o  ( c )  a n d ,  i n
paragraph (cc), the words from “under” to theend.
In section 5, subsections (2) and (3).
In section 13(1), paragraphs (a) to (c) of the
modified section 3(8).
Section 28(1)(b).
Section 44(3).
Section 45.Section 49(4).
Section 68.
In Schedule 1, paragraphs 2 to 5, 8, 10, 12, 13, 15
to 19, 22(3), 24 to 26, 28 to 32, and 34 to 38.
Schedule 2.
Sexual Offences (Protected
Material) Act 1997 (c. 39)Section 9(1).
Crime and Disorder Act 1998
(c. 37)Section 47(6).
In section 50(1), the words “unless the accused
falls to be dealt with under section 51 below”.
In Schedule 3, in paragraph 2, sub-paragraphs
(4) and (5), paragraph 12, and in paragraph13(2), the words from “unless” to the end.
In Schedule 8, paragraphs 8, 37, 40, 65 and 93.
Access to Justice Act 1999 (c. 22) Section 67(3).
In Schedule 4, paragraphs 16, 39 and 47.
In Schedule 13, paragraphs 96, 111 and 137.
Youth Justice and Criminal
Evidence Act 1999 (c. 23)Section 27(10).
In section 42(3), paragraphs (a) and (b).Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 5 — Evidence of bad character436
PART 5
EVIDENCE  OF BAD CHARACTER
PART 6
HEARSAY  EVIDENCEP o w e r s  o f  C r i m i n a l  C o u r t s
(Sentencing) Act 2000 (c. 6)In section 89(2)(b), the words “trial or”.
In section 140(1)(b), the words “was committed
to the Crown Court to be tried or dealt withor by which he”.
In Schedule 9, paragraphs 62, 63, 64(2), 65, 91
and 201.
In Schedule 11, paragraph 9.
Short title and chapter Extent of repeal
Criminal Procedure Act 1865
 (c. 18)In section 6, the words “and upon being so
questioned, if”.
Criminal Evidence Act 1898
 (c. 36)Section 1(3).
Children and Young Persons
Act 1963 (c. 37)Section 16(2) and (3).
Criminal Evidence Act 1979
 (c. 16)In section 1, the words from “each of the
following” to “1898, and”.
Police and Criminal Evidence
Act 1984 (c. 60)In section 74(3), the words from “in so far” to
“he is charged,”.
Criminal Justice and Public
Order Act 1994 (c. 33)Section 31.
Crime (Sentences) Act 1997
(c. 43)In Schedule 4, paragraph 4.
Youth Justice and Criminal
Evidence Act 1999 (c. 23)In Schedule 4, paragraph 1(5).
P o w e r s  o f  C r i m i n a l  C o u r t s
(Sentencing) Act 2000 (c. 6)In Schedule 9, paragraph 23.
Short title and chapter Extent of repeal
Registered Designs Act 1949
(c. 88)In section 17, in subsection (8) the words
“Subject to subsection (11) below,” and insubsection (10) the words “, subject tosubsection (11) below,”.
Patents Act 1977 (c. 37) In section 32, in subsection (9) the wor ds
“Subject to subsection (12) below,” and insubsection (11) the words “, subject tosubsection (12) below,”.
Criminal Justice Act 1988 (c. 33) Part 2.
Schedule 2.
In Schedule 13, paragraphs 2 to 5.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 7 — Sentencing: general437
PART 7
SENTENCING : GENERAL—cont. In Schedule 15, paragraph 32.
In Schedule 4, paragraph 6(2).
Finance Act 1994 (c. 9) Section 22(2)(b).
In Schedule 7, paragraph 1(6)(b).
Value Added Tax Act 1994
(c. 23)In Schedule 11, paragraph 6(6)(b).
Criminal Justice and Public
Order Act 1994 (c. 33)In Schedule 9, paragraph 31.
Civil Evidence Act 1995 (c. 38) In Schedule 1, paragraph 12.
Finance Act 1996 (c. 8) In Schedule 5, paragraph 2(6)(a).
Criminal Procedure and
Investigations Act 1996 (c. 25)In Schedule 1, paragraphs 28 to 31.
Crime and Disorder Act 1998
(c. 37)In Schedule 3, paragraph 5(4).
Youth Justice and Criminal
Evidence Act 1999 (c. 23)In Schedule 4, paragraph 16.
Finance Act 2000 (c. 17) In Schedule 6, paragraph 126(2)(a).
Finance Act 2001 (c. 9) In Schedule 7, paragraph 3(2)(a).
Crime (International Co-
operation) Act 2003 (c. 32)In section 9(4), the words “section 25 of the
Criminal Justice Act 1988 or”.
Short title and chapter Extent of repeal
Piracy Act 1837 (c. 88) Section 3.
Children and Young Persons
Act 1933 (c. 12)In section 16(3), the words “mandatory and”.
Criminal Justice Act 1967 (c. 80) In section 104, in subsection ( 1) the definition of
“suspended sentence” and subsection (2).
Criminal Appeal Act 1968
(c. 19)In section 10 subsection (2)(c) and the word “or”
immediately preceding it.
Section 11(4).
Social Work (Scotland) Act 1968
(c. 49)In section 94(1), the definition of “community
rehabilitation order”.
Bail Act 1976 (c. 63) In section 2(1)(d), the words “placing the
offender on probation or”.
Magistrates’ Courts Act 1980
(c. 43)In section 82(4A), paragraph (e) and the word
“or” immediately preceding it.
Section 133(2).In Schedule 6A, the entry relating to section
123(3) of the Powers of Criminal Courts(Sentencing) Act 2000.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 7 — Sentencing: general438
Forgery and Counterfeiting Act
1981 (c. 45)Section 23(1)(b), (2)(b) and (3)(b).
Mental Health Act 1983 (c. 20) In section 37(1B), the words “109( 2),”.
In section 45A(1)(b), the words from “except” to
“1997”.
Road Traffic Offenders Act 1988
(c. 53)In section 46(1), paragraph (a) and the word
“or” following it.
Football Spectators Act 1989
(c. 37)In section 7, subsection (9) and in subsection
(10)(b) the words from “(or” to the end.
Children Act 1989 (c. 41) In section 68(2)(d), the words “a proba tion order
has been made in respect of him or he hasbeen”.
In Schedule 9A, in paragraph 4(2)(g), the words
“placed on probation or”.
Criminal Justice Act 1991 (c. 53) Sections 32 to 51.
Section 65.
Schedule 5.
In Schedule 12—
(a) in paragraph 8(8), paragraph (d), and
(b) in paragraph 9(3), paragraph (c).
Prisoners and Criminal
Proceedings (Scotland) Act1993 (c. 9)In section 10(1)(a), sub-paragraph (i) and the
succeeding “or”.
Criminal Justice Act 1993 (c. 36) Section 67(1).
Criminal Justice and Public
Order Act 1994 (c. 33)I n  s e c t i o n  2 5 ( 3 ) ( c ) ,  t h e  w o r d s  “ p l a c i n g  t h e
offender on probation or”.
Criminal Procedure (Scotland)
Act 1995 (c. 46)In section 234—
(a)  in subsection (1), the words after
paragraph (b),
(b)  in subsection (3), the words from “or to
vary” to “one hundred”, and
(c)  subsection (11).
Crime (Sentences) Act 1997
(c. 43)Sections 35 and 40.
In Schedule 1, paragraph 15(5).
In Schedule 2, paragraphs 2 and 3.In Schedule 4, paragraphs 6(2), 7, 10(1), 12(1), 13
and 15(10).
Crime and Disorder Act 1998
(c. 37)In section 18, subsection (2).
In section 38(4)(i), the words “section 37(4A) or
65 of the 1991 Act or”.
Sections 59 and 60.
Sections 80 and 81.
Sections 99 and 100.Sections 101(1).
Sections 103 to 105.
In section 121(12), the words from the beginning
to “paragraphs 56 to 60 of Schedule 8 to thisAct;”.
In Schedule 7, paragraph 50.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 7 — Sentencing: general439
Crime and Disorder Act 1998
(c. 37)— cont.In Schedule 8, paragraphs 11, 13(2), 56, 58, 59, 79
to 84, 86 to 91, 94, 97, 132 and 135(3) and (4).
Criminal Justice (Children)
(Northern Ireland) Order1998 (S.I. 1998/1504 (N.I. 9))In Schedule 5, paragraph 28(b).
Access to Justice Act 1999 (c. 22) Section 58(5).
P o w e r s  o f  C r i m i n a l  C o u r t s
(Sentencing) Act 2000 (c. 6)Section 6(4)(d).
Section 12(4).
Sections 34 to 36A.In section 36B, subsections (4) and (8) and, in
subsection (9), the words from “a communitypunishment order” to “a drug abstinenceorder”.
In section 37, in subsection (9) the words “who
on conviction is under 16” and subsection(10).
In section 40A, subsection (4), in subsection (9)
the words “who on conviction is under 16”and subsection (10).
Sections 41 to 59.
I n  s e c t i o n  6 0 ,  i n  s u b s e c t i o n  ( 1) ,  p a r a g r a p h  ( c )
and the word “or” immediately preceding it.
Section 62.Section 69(11).
Section 73(7).
Sections 78 to 82.Section 84.
Section 85.
Sections 87 and 88.Section 91(2).
Section 100(4).
Section 106(2) and (3).Section 109.
Section 110(3).
Section 111(3).In section 112(1)(a), the words “109,”.
In section 113, in subsection (1)(a), the words “a
serious offence or” and in subsection (3), thewords ““serious offence”,” and “109,”.
In section 114(1)(b), the words “a serious
offence,”.
In section 115, the word “109,”.
Sections 116 and 117.
Sections 118 to 125.Sections 126 to 129.
Sections 151 to 153.
Sections 156 to 158.In section 159, the words “, 121(1) or 123(1)” and
“paragraph 6(6) of Schedule 4 to this Act,”.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 7 — Sentencing: general440
P o w e r s  o f  C r i m i n a l  C o u r t s
(Sentencing) Act 2000 (c. 6)—cont.In section 160—
(a) in subsection (2), in paragraph (a) the
words from “42(2E)” to “Schedule 2” and inparagraph (b) the words from “122(7)” to theend,
(b) in subsection (3), in paragraph (a) the
words “45, 50, 58, 58A(4), 85(7)”, paragraph(b) and the word “or” immediately precedingit,
(c) subsection (4), and
(d) in subsection (5), in paragraph (a) the
words from “or paragraph 7” to the end, andi n pa ra gra ph ( b)  the w or ds from “ 42( 2E) ” tothe end.
Section 161(2) to (4).Section 162.
In section 163, in the definition of “affected
person”, paragraphs (b) and (c), thedefinitions of “the appropriate officer of thecourt”, “community punishment andrehabilitation order”, “communityrehabilitation order”, “communityrehabilitation period”, “communitypunishment order”, the definitions of “drugabstinence order”, “drug treatment andtesting order”, “falling to be imposed undersection 109(2), 110(2) or 11(2)”, “pre-sentencereport”, “protecting the public from seriousharm”’, in the definition of “responsibleofficer”, paragraphs (b) to (ee) and the wordsfrom “except that” to “that section;”, thedefinitions of “review hearing”, “sexualoffence”, “specified Class A drug”,“suspended sentence supervision order”, “thetesting requirement”, “the treatmentprovider”, “the treatment requirement”, “thetreatment and testing period”, “triggeroffence” and “violent offence”.
In section 168—
( a ) i n  s u b s e c t i o n  ( 1) ,  t h e  w o r d s  “ t o
subsection (2) below and”, and
(b) subsections (2) and (3).
Schedule 2.Schedule 4.
In Schedule 7, paragraph 3(4).
In Schedule 8, paragraph 3(4).In Schedule 9, paragraphs 7, 24(a), 26(2), 28, 29,
52, 54(3), 55, 61, 76, 81, 82, 89(2), 90(2), 94, 102,137 to 145, 147(2) and (3)(a) to (d) and (e)(i),151, 174, 176(2) to (5) and (7), 177(2) and (3),184, 185, 186(3) and (4), 187(2), (3) and (5), 196and 202.
Terrorism Act 2000 (c. 11) In Schedule 15, paragraph 20.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 8 — Life sentences441
PART 8
LIFE SENTENCES
PART 9
ALTERATION  OF PENALTIES  FOR SUMMARY  OFFENCESChild Support, Pensions and
Social Security Act 2000(c. 19)Section 62(10).
Criminal Justice and Court
Services Act 2000 (c. 43)Section 47 to 51.
Sections 53 to 55.Section 63.
Section 64(5)(e).
In section 78(1), the definition of “community
order”.
In Schedule 7, paragraphs 1 to 3, 104 to 107,
111(b), 123(a) and (c) to (f), 124(a) and (b), 133,139, 140, 161, 162, 165 to 172, 177, 179, 189,196(c)(ii) and (iii), 197(c) and (g)(ii), 198 to 200and 206(a).
Anti-terrorism, Crime and
Security Act 2001 (c. 24)Section 39(7).
Proceeds of Crime Act 2002
(c. 29)In Schedule 11, paragraph 32.
Short title and chapter Extent of repeal
Murder (Abolition of Death
Penalty) Act 1965 (c. 71)Section 1(2).
Repatriation of Prisoners Act
1984 (c. 47) In section 2(4)(b)(i), the words “or 29(1)”.
Section 3(9).Paragraph 3 of the Schedule.
Crime (Sentences) Act 1997
(c. 43)Section 29.
Section 31(4).Section 33.
In section 34(3), the words from the beginning
to “advocate; and”.
Crime and Punishment
(Scotland) Act 1977 (c. 48)In Schedule 1, paragraph 10(3).
Crime and Disorder Act 1998 (c.
37)In Schedule 8, paragraphs 57 and 60.
P o w e r s  o f  C r i m i n a l  C o u r t s
(Sentencing) Act 2000 (c. 6)In section 82A, in subsection (4) the words
“ s u b j e c t  t o  s u b s e c t i o n  ( 5 )  b e l o w ” ,  a n dsubsections (5) and (6).
Short title and chapter Extent of repeal
Vagrancy Act 1824 (c. 83) Section 5.
Section 10.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 9 — Alteration of penalties for summary offences442
Railway Regulation Act 1842
(c. 55)In section 17, the words from “be imprisoned”
(where first occurring) to “discretion of suchjustice, shall”.
London Hackney Carriages Act
1843 (c. 86)In section 28, the words from “; or it shall be
lawful” to the end.
Town Police Clauses Act 1847
(c. 89)In section 28, the words from “, or, in the
discretion” to “fourteen days”.
In section 29, the words from “, or, in the
discretion” to the end.
In section 36, the words from “, or, in the
discretion” to “one month”.
Ecclesiastical Courts
Jurisdiction Act 1860 (c. 32)I n  s e c t i o n  2 ,  t h e  w o r d s  f r o m  “ ,  o r  m a y ,  i f  t h e
justices” to the end.
Town Gardens Protection Act
1863 (c. 13)In section 5, the words “, or to imprisonment for
any period not exceeding fourteen days”.
Public Stores Act 1875 (c. 25) In section 8, the words from “, or , in the
discretion” to the end.
North Sea Fisheries Act 1893
(c. 17)In section 2—
(a) in paragraph (a), the words from “, or, in
the discretion” to the end, and
(b) in paragraph (b), the words from “, or in
the discretion” to the end.
In section 3(a), the words from “, or, in the
discretion” to the end.
Children and Young Persons
Act 1933 (c. 12)In section 4(1), the words from “, or
alternatively” to the end.
Protection of Animals Act 1934
(c. 21)In section 2, the words from “, or, alternatively”
to the end.
Public Health Act 1936 (c. 49) In section 287(5), the words from “or to
imprisonment” to the end.
Essential Commodities
Reserves Act 1938 (c. 51)In section 4(2), the words from “or to
imprisonment” to the end.
London Building Acts
(Amendment) Act 1939 (c.xcvii)In section 142(5), the words from “or to
imprisonment” to the end.
Cancer Act 1939 (c. 13) In section 4(2), the words from “or to
imprisonment” to the end.
Civil Defence Act 1939 (c. 31) In section 77, the words from “or to
imprisonment” to the end.
Hill Farming Act 1946 (c. 73) In section 19—
(a) in subsection (2), the words from “, or to
imprisonment” to the end, and
(b) in subsection (3), the words from “or to
imprisonment” to the end.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 9 — Alteration of penalties for summary offences443
Agriculture Act 1947 (c. 48) In section 14(7) (as remaining in fo rce for the
purposes of section 95), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or to both such imprisonment and such
fine”.
In section 95(3), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b)  “or to both such imprisonment and such
fine”.
Civil Defence Act 1948 (c. 5) In section 4(4), the words from “or  t o
imprisonment” to the end.
Agricultural Wages Act 1948
(c. 47)In section 12(7), the words from “or to
imprisonment” to the end.
Wireless Telegraphy Act 1949
(c. 54)In section 14(1B), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b)  “, or both”.
Prevention of Damage by Pests
Act 1949 (c. 55)In section 22(5), the words from “or to
imprisonment” to the end.
Coast Protection Act 1949 (c. 74) In section 25(9), the words fro m “or to
imprisonment” to the end.
Pet Animals Act 1951 (c. 35) In section 5—
(a) in subsection (1), the words “other than
the last foregoing section” and the wordsfrom “or to imprisonment” to the end, and
(b) subsection (2).
Cockfighting Act 1952 (c. 59) In section 1(1), the words—
(a)  “to imprisonment for a term not
exceeding three months, or”, and
(b)  “, or to both such imprisonment and
such fine”.
Agricultural Land (Removal of
Surface Soil) Act 1953 (c. 10)In section 2(1)—
(a) paragraph (a) of the proviso,
(b) the word “; or” immediately preceding
paragraph (b) of the proviso, and
(c) the words “or to both”.
Accommodation Agencies Act
1953 (c. 23)In section 1(5), the words from “or to
imprisonment” to the end.
Army Act 1955 (3 & 4 Eliz. 2
c. 18)In section 19(1), the words “to imprisonment for
a term not exceeding three months or”.
In section 161, the words from “, or to
imprisonment” to the end.
In section 171(1), the words from “, or to
imprisonment” to the end.
In section 191, the words from “or to
imprisonment” to the end.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 9 — Alteration of penalties for summary offences444
Army Act 1955 (3 & 4 Eliz. 2
c. 18)— cont.In section 193, the words from “or to
imprisonment” to the end.
In section 196(3), the words from “or to
imprisonment” to the end.
In section 197(3), the words from “or to
imprisonment” to the end.
Air Force Act 1955 (3 & 4 Eliz. 2
c. 19)In section 19(1), the words “to imprisonment for
a term not exceeding three months or”.
In section 161, the words from “, or to
imprisonment” to the end.
In section 171(1), the words from “, or to
imprisonment” to the end.
In section 191, the words from “or to
imprisonment” to the end.
In sections 193, the words from “or to
imprisonment” to the end.
In section 196(3), the words from “or to
imprisonment” to the end.
In section 197(3), the words from “or to
imprisonment” to the end.
Naval Discipline Act 1957
(c. 53)In section 96, the words from “or to
imprisonment” to the end.
In section 99(3), the words from “or to
imprisonment” to the end.
Agricultural Marketing Act
1958 (c. 47) In section 45(6), the words—
(a) “to imprisonment for a term not
exceeding one month, or”, and
(b) “, or to both such imprisonment and
such fine”.
Rivers (Prevention of Pollution)
Act 1961 (c. 50) In section 12(2), the words from “or to
imprisonment” to the end.
Betting, Gaming and Lotteries
Act 1963 (c. 2)In section 8(1), the words—
(a)  “or to imprisonment for a term not
exceeding three months, or to both”, and
(b) “in any case”.
Children and Young Persons
Act 1963 (c. 37)In section 40—
(a) in subsection (1), the words from “or
imprisonment” to the end, and
(b) in subsection (2), the words from “or
imprisonment” to the end.
Animal Boarding
Establishments Act 1963(c. 43)In section 3—
(a) in subsection (1), the words “other than
the last foregoing section” and the wordsfrom “or to imprisonment” to the end, and
(b) subsection (2).
Agriculture and Horticulture
Act 1964 (c. 28)In section 20(2), the words from “or to
imprisonment” to the end.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 9 — Alteration of penalties for summary offences445
Emergency Laws (Re-
enactments and Repeals) Act1964 (c. 60)In Schedule 1—
(a) in paragraph 1(3), the words “to
imprisonment for a term not exceeding threemonths or” and “, or to both”, and
(b) in paragraph 2(4), the words “to
imprisonment for a term not exceeding threemonths or” and “, or to both”.
Riding Establishments Act 1964
(c. 70)In section 4(1), the words from “or to
imprisonment” to the end.
Industrial and Provident
Societies Act 1965 (c. 12)In section 16(5), the words from “or to
imprisonment” to the end.
In section 48(2), the words from “or to
imprisonment” to the end.
Cereals Marketing Act 1965
(c. 14)In section 17(1), the words from “or to
imprisonment” to the end.
Gas Act 1965 (c. 36) In Schedule 6, in paragraph 9, the words fro m
“or to imprisonment” to the end.
Armed Forces Act 1966 (c. 45) In section 8, the words “to impriso nment for a
term not exceeding three months or”.
Agriculture Act 1967 (c. 22) In section 6(9), the words from “or to
imprisonment” to the end.
In section 14(2), the words from “or to
imprisonment” to the end.
I n  s e c t i o n  6 9 ,  t h e  w o r d s  f r o m  “ o r
imprisonment” to the end.
Criminal Justice Act 1967 (c. 80) Section 20.
Sea Fisheries (Shellfish) Act
1967 (c. 83)In section 14(2), the words from “or to
imprisonment” to the end.
Theatres Act 1968 (c. 54) In section 13(3), the words from “or to
imprisonment” to the end.
Theft Act 1968 (c. 60) In Schedule 1, in paragraph 2(1), the word s—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or to both”.
Agriculture Act 1970 (c. 40) In section 106(8), the words from “o r
imprisonment” to the end.
Breeding of Dogs Act 1973
(c. 60)In section 3(1)—
(a) paragraph (a),
(b) the word “; or” immediately preceding
paragraph (b), and
(c) the words “or to both”.
Slaughterhouses Act 1974 (c. 3) In section 38(5), the words “or i mprisonment for
a term of three months or both”.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 9 — Alteration of penalties for summary offences446
National Health Service Act
1977 (c. 49)In Schedule 11—
(a) in paragraph 8(3), the words “to
imprisonment for a term not exceeding threemonths or” and “, or to both”, and
(b) in paragraph 9(4), the words “to
imprisonment for a term not exceeding threemonths or” and “, or to both”.
Magistrates’ Courts Act 1980 
(c. 43)In section 84(3), the words—
(a)  “imprisonment for a term not exceeding
4 months or”, and
(b)  “to both”.
Animal Health Act 1981 (c. 22) In paragraph 6 of Schedule 1, the words—
(a) “or to imprisonment for a term not
exceeding 2 months,”, and
(b) “in either case”.
Fisheries Act 1981 (c. 29) In section 5(4), the words from “or to
imprisonment” to the end.
Civil Aviation Act 1982 (c. 16) In section 82(2), the words from “or to
imprisonment” to the end.
Criminal Justice Act 1982 (c. 48) Section 70.Mental Health Act 1983 (c. 20) Section 43(5).
In section 103(9), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or both”.
In section 129(3), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or to both”.
Building Act 1984 (c. 55) In section 96(3), the words “or to impr isonment
for a term not exceeding three months”.
Surrogacy Arrangements Act
1985 (c. 49)In section 4(1)—
(a) paragraph (a), and
(b) in paragraph (b), the words “in the case
of an offence under section 3”.
Animals (Scientific Procedures)
Act 1986 (c. 14)In section 22(3), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or to both”.
In section 23(2), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or to both”.
In section 25(3), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or to both”.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 9 — Alteration of penalties for summary offences447
Motor Cycle Noise Act 1987
(c. 34)In the Schedule, in paragraph 1(1), the words
“to imprisonment for a term not exceedingthree months or”.
Human Organ Transplants Act
1989 (c. 31)In section 2(5), the words—
(a) “imprisonment for a term not exceeding
three months or”, and
(b) “or both”.
Town and Country Planning
Act 1990 (c. 8)In Schedule 15, in paragraph 14(4), the words
from “or to imprisonment” to the end.
Environmental Protection Act
1990 (c. 43)In section 118(7), the words from “or to
imprisonment” to the end.
Criminal Justice Act 1991 (c. 53) Section 26(5).
Deer Act 1991 (c. 54) In section 10(3), the words from “or to
imprisonment” to the end.
Water Industry Act 1991 (c. 56) In section 206(9), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b)  “or to both”.
In Schedule 6, in paragraph 5(5), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or to both”.
Social Security Administration
Act 1992 (c. 5)In section 105(1), the words—
(a) “to imprisonment for a term not
exceeding 3 months or”, and
(b) “or to both”.
In section 182(3), the words—
(a) “to imprisonment for a term not
exceeding 3 months or”, and
(b) “or to both”.
Local Government Finance Act
1992 (c. 14)In section 27(5), the words—
(a) “imprisonment for a term not exceeding
three months or”, and
(b) “or both”.
Trade Union and Labour
Relations (Consolidation) Act1992 (c. 52)In section 240(3), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or both”.
Merchant Shipping Act 1995
(c. 21)In section 57(2)—
(a) in paragraph (a), the words “except in a
case falling within paragraph (b) below,”, and
(b) paragraph (b).
Reserve Forces Act 1996 (c. 14) In section 75(5), the words—
(a) “imprisonment for a term not exceeding
3 months or”, and
(b)  “(or both)”.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 10 — Jury service448
PART 10
JURY SERVICEReserve Forces Act 1996
(c. 14)— cont.In section 82(1), the words—
(a) “imprisonment for a term not exceeding
3 months”, and
(b) “(or both)”.
In section 87(1), the words— 
(a) ”imprisonment for a term not exceeding
3 months or”, and
(b) “(or both)”.
In section 99, the words—
(a) “imprisonment for a term not exceeding
3 months”, and
(b) “(or both)”.
In Schedule 1, in paragraph 5(2), the words—
(a) “imprisonment for a term not exceeding
3 months or”, and
(b) “(or both)”.
Housing Act 1996 (c. 52) In Schedule 1—
(a) in paragraph 23(6), the words from “or
imprisonment” to “or both”, and
(b) in paragraph 24(6), the words from “or
imprisonment” to “or both”.
Broadcasting Act 1996 (c. 55) In section 144(4), the words—
(a) “to imprisonment for a term not
exceeding three months or”, and
(b) “or to both”.
Breeding and Sale of Dogs
(Welfare) Act 1999 (c. 11)In section 9—
(a) in subsection (1), paragraph (a), the
word “, or” immediately precedingparagraph (b) and the words “or to both”, and
(b) in subsection (7), paragraph (a), the
word “, or” immediately precedingparagraph (b) and the words “or to both”.
P o w e r s  o f  C r i m i n a l  C o u r t s
(Sentencing) Act 2000 (c. 6)In section 6(4), paragraph (a).
Countryside and Rights of Way
Act 2000 (c. 37)In section 81, subsections (2) and (3).
Transport Act 2000 (c. 38) In section 82, subsection (5).
Short title and chapter Extent of repeal
Juries Act 1974 (c. 23). In section 2(5)(a), the word “9(1),”.
In section 9, subsection (1) and in subsection (2)
the words from “and” to the end.
Criminal Law Act 1977 (c. 45). In Schedule 12, the entry relatin g to the Juries
Act 1974.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 11 — Repeals relating to amendments of Part 5 of Police Ac t 1997449
PART 11
REPEALS  RELATING  TO AMENDMENTS  OF PART 5 OF POLICE  ACT 1997Criminal Justice Act 1982 (c. 48). In Schedule 14, paragraph 35.
Mental Health (Amendment)
Act 1982 (c. 51).In Schedule 3, paragraph 48.
Mental Health Act 1983 (c. 20). In Schedule 4, paragraph 37.
Juries (Disqualification) Act
1984 (c. 34).The whole Act.
Coroners Act 1988 (c. 13). Section 9(2).
Criminal Justice Act 1988 (c. 33). Section 119.
In Schedule 8, paragraph 8.
Courts and Legal Services Act
1990 (c. 41).In Schedule 17, paragraph 7.
In Schedule 18, paragraph 5.
Criminal Justice Act 1991 (c. 53). In Schedule 11, paragraph 18.
Probation Service Act 1993
(c. 47).In Schedule 3, paragraph 5.
Police and Magistrates’ Courts
Act 1994 (c. 29).In Schedule 8, paragraph 28.
Criminal Justice and Public
Order Act 1994 (c. 33).Section 40.
Section 42.
In Schedule 10, paragraph 29.
Criminal Appeal Act 1995
(c. 35).In Schedule 2, paragraph 8.
Police Act 1996 (c. 16). In Schedule 7, paragraph 23.
Police Act 1997 (c. 50). In Schedule 9, paragraph 27.
Government of Wales Act 1998
(c. 38).In Schedule 12, paragraph 18.
Scotland Act 1998 (c. 46). Section 85(1).
Access to Justice Act 1999
(c. 22).In Schedule 11, paragraph 22.
Criminal Justice and Court
Services Act 2000 (c. 43).In Schedule 7, paragraph 47.
European Parliamentary
Elections Act 2002 (c. 24).In Schedule 3, paragraph 2.
Short title and chapter Extent of repeal
Police Act 1997 (c. 50) In section 115, subsections (3) to (5) an d
subsections (6C) to (6E).
Section 120(3).
In section 125, subsection (3) and, in subsection
(4), the words “to which subsection (3) doesnot apply”.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 37 — Repeals
Part 12 — Miscellaneous450
PART 12
MISCELLANEOUSCare Standards Act 2000 (c. 14) Section 104(3)(a).
In Schedule 4, paragraph 25(2)(a).
Private Security Industry Act
2001 (c. 12)Section 21.
Section 26(3)(a).
Health and Social Care Act 2001
(c. 15)Section 19.
Criminal Justice and Police Act
2001 (c. 16)Section 134(3) and (4).
National Health Service Reform
and Health Care ProfessionsAct 2002 (c. 17)Section 42(7).
In Schedule 2, paragraph 64.
Education Act 2002 (c. 32) In Schedule 12, paragraph 15(2).
In Schedule 13, paragraph 8(2).
Licensing Act 2003 (c. 17) In Schedule 6, paragraph 116.
Short title and chapter Extent of repeal
Criminal Appeal Act 1968
(c. 19)Section 10(4).
In section 11(2), the words from “(which
expression” to “purposes of section 10)”.
In section 51(1), the definition of “the
defendant”.
Bail Act 1976 (c. 63) In section 5(1)(c), the words “a court or o fficer of
a court appoints”.
Magistrates’ Courts Act 1980
(c. 43)In section 1(3), the words “and substantiated on
oath”.
Section 12(1)(a)(i).
In section 13(3)(a), the words “the information
has been substantiated on oath and”.
Criminal Appeal (Northern
Ireland) Act 1980 (c. 47)In section 19(1A)(a), the words “application for
leave to”.
Criminal Procedure and
Investigations Act 1996 (c. 25)In Schedule 4, paragraph 16.
Crime and Disorder Act 1998
(c. 37)In section 8(2), the words from “and to section
19(5)” to “2000”.
Youth Justice and Criminal
Evidence Act 1999 (c. 23)In Schedule 4, paragraphs 26 and 27.
P o w e r s  o f  C r i m i n a l  C o u r t s
(Sentencing) Act 2000 (c. 6)In section 19(5), paragraph (c) and the word “or”
immediately preceding it.
In Schedule 9, paragraphs 194 and 195.
Criminal Justice and Court
Services Act 2000 (c. 43)Sections 67 and 68.Short title and chapter Extent of repealCriminal Justice Act 2003 (c. 44)
Schedule 38 — Transitory, transitional and saving provisions451
SCHEDULE 38 Section 333(6)
TRANSITORY , TRANSITIONAL  AND  SAVING  PROVISIONS
Sentencing of offenders aged 18 but under 21
1If any provision of Part 1 2 (“the relevant provision”) is to c ome into force
before the day on which section 61 of the Criminal Justice and Court Services
Act 2000 (abolition of sentences of detention in a young offend er institution,
custody for life, etc.) comes into force (or fully into force) the provision that
may be made by order under section 333(1) includes provision mo difying
the relevant provision with respect to sentences passed, or oth er things
done, at any time before section 61 of that Act comes into forc e (or fully into
force).
Sentencing guidelines
2 The repeal by this Act of sections 80 and 81 of the Crime and Disorder Act
1998 does not affect the authority of any guidelines with respe ct to
sentencing which have been included in any judgment of the Cour t of
Appeal given before the commencement of that repeal (“existingguidelines”), but any existing guidelines may be superseded by sentencing
guidelines published by the Sentencing Guidelines Council under  section
170 of this Act as definitive guidelines.
3 (1) Subject to sub-paragraph (2), the repeal by this Act of sec tion 81 of the Crime
and Disorder Act 1998 does not affect the operation of subsecti on (4) of that
section in relation to any notification received by the Panel u nder subsection
(2) of that section, or proposal made by the Panel under subsec tion (3) of that
section, before the commencement of the repeal.
(2) In its application by virtue of sub-paragraph (1) after the commencement of
that repeal, section 81(4) of that Act is to have effect as if any reference to “the
Court” were a reference to the Sentencing Guidelines Council.
(3) In this paragraph “the Panel” means the Sentencing Advisory Panel.
Drug treatment and testing orders
4 A drug treatment and testing order made under section 52 of th e Powers of
Criminal Courts (Sentencing) Act 2000 before the repeal of that  section by
this Act is in force (or fully in force) need not include the p rovision referred
to in subsection (6) of section 54 of that Act (periodic review  by court) if the
treatment and testing period (as defined by section 52(1) of th at Act) is less
than 12 months.
Drug testing as part of supervision of young offenders after re lease
5 (1) Until the coming into force of the repeal by this Act of se ction 65 of the
Criminal Justice Act 1991 (c. 53) (supervision of young offender s after
release), that section has effect subject to the following modi fications.
(2) In subsection (5B)—
(a) in paragraph (a), for “18 years” there is substituted “14 ye ars”,
(b) for paragraph (b) there is substituted—
“(b) a responsible officer is of the opinion—Criminal Justice Act 2003 (c. 44)
Schedule 38 — Transitory, transitional and saving provisions452
(i) that the offender has a propensity to misuse
specified Class A drugs, and
(ii) that the misuse by the offender of any
specified Class A drug caused or contributedto any offence of which he has been convicted,or is likely to cause or contribute to thecommission by him of further offences; and”.
(3) After subsection (5D) there is inserted—
“(5E) A person under the age of 17 years may not be required by virtue of
subsection (5A) to provide a sample otherwise than in the prese nce
of an appropriate adult.”
(4) For subsection (10) there is substituted—
“(10) In this section—
“appropriate adult”, in relation to a person aged under 17,
means—
(a) his parent or guardian or, if he is in the care of a local
authority or voluntary organisation, a personrepresenting that authority or organisation,
(b) a social worker of a local authority social services
department, or
(c) if no person falling within paragraph (a) or (b) is
available, any responsible person aged 18 or overwho is not a police officer or a person employed bythe police;
“responsible officer” means—
(a) in relation to an offender aged under 18, an officer of
a local probation board or a member of a youthoffending team;
(b) in relation to an offender aged 18 or over, an officer of
a local probation board;
“specified Class A drug” has the same meaning as in Part 3 of
the Criminal Justice and Court Services Act 2000 (c. 43).”
Intermittent custody
6 If section 183 (intermittent custody) is to come into force fo r any purpose
before the commencement of the repeal by this Act of section 78  of the
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (which im poses a
general limit on the power of a magistrates’ court to impose im prisonment),
the provision that may be made by order under section 333(1) in cludes
provision modifying any period or number of days specified in s ection 183
with respect to sentences passed by magistrates’ courts before the
commencement of that repeal.
Transfer to Scotland of community orders and suspended sentence  orders
7 (1) Until the coming into force of the repeal by the Mental Hea lth (Care and
Treatment) (Scotland) Act 2003 of the Mental Health (Scotland) Act 1984
(c. 36), in the provisions mentioned in sub-paragraph (2) the re ference to the
Mental Health (Care and Treatment) (Scotland) Act 2003 has effe ct as a
reference to the Mental Health (Scotland) Act 1984.Criminal Justice Act 2003 (c. 44)
Schedule 38 — Transitory, transitional and saving provisions453
(2) Those provisions are—
(a) paragraph 2(4) of Schedule 9 (transfer of community orders t o
scotland or Northern Ireland), and 
(b) paragraph 4 of Schedule 13 (transfer of suspended sentence o rders to
Scotland or Northern Ireland).
?Crowncopyright2003
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2003 c.44  
                                              
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_____________________ 
 
 
CORRECTIONS 
 
 
 
Schedule 30 
 
Page 362, paragraph 3(3)(b), “section 198 or 200” should read “section 226 or 228”. 
 
                                                              
                                                                 Schedule 32 
 
Page 399,paragraph 135, “Schedule 11” should read “Schedule 12”. 
 
 
 
 
February  2004  
 
 
PRINTED IN THE UNITED KINGDOM BY THE STATIONERY OFFICE LIMITED  
under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office  
and Queen’s Printer of Acts of Parliament 
 
 CRIMINAL JUSTICE ACT 2003 
2003 c. 44 
                                              
ISBN 0 10 544403  0 
 
_____________________ 
 
 
CORRECTION 
 
                                                              Sections 67 and 68 
 
Page 46, the italicised heading “ Miscellaneous and Supplemental ” above section 68 should be 
above section 67 
                                                                    
 
 
July 2004 
 
 
PRINTED IN THE UNITED KINGDOM BY THE STATIONERY OFFICE LIMITED  
under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office  
and Queen’s Printer of Acts of Parliament 
 
 CRIMINAL JUSTICE ACT 2003 
2003 c. 44 
 
ISBN 978-0-10-544403-9 
 
_____________________ 
 
 
CORRECTION 
 
Schedule 37 
 
Schedule 37, Part 8, under the first column headed, “ Short title and chapter ”, in the entry for 
the Crime and Punishment (Scotland) Act: “... 1977 (c. 48)” should read “...1997 (c. 48)”. 
 
  
May 2012  
 
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under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office  
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