Criminal Justice Act 2003 Part 1 Amendments of Police and Criminal Evidence Act 1984 Extension of powers to stop and search 1 1 In this Part, “ the 1984 Act ” means the Police and Criminal Evidence Act 1984 (c. 60). 2 In section 1(8) of the 1984 Act (offences for purpose 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). Warrants to enter and search 2 In section 16 of the 1984 Act (execution of warrants), after subsection (2) there is inserted— 2A A person so authorised has the same powers as the constable whom he accompanies in respect of— a the execution of the warrant, and b the seizure of anything to which the warrant relates. 2B But he may exercise those powers only in the company, and under the supervision, of a constable. Arrestable offences 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bail elsewhere than at police station 4 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 other than a police station— a arrested by a constable for an offence, or b taken into custody by a constable after being arrested for an 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 (7A) is satisfied. 7A The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds 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 constable delaying taking a person to a police station or releasing him on bail if the condition in subsection (10A) is satisfied. 10A The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately. 11 Where there is any such delay the reasons for the delay must 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— Bail elsewhere than at police station 30A 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 time before he arrives at a police station. 3 A person released on bail under subsection (1) must be required to attend a police station. 4 No other requirement may be imposed on the person as a condition of bail. 5 The police station which the person is required to attend may be any police station. Bail under section 30A: notices 30B 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 police 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. 6 The person may be required to attend a different police station 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. Bail under section 30A: supplemental 30C 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 attendance 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 under section 30A. 4 Nothing in section 30A or 30B or in this section prevents the re-arrest without a warrant of a person released on bail under section 30A if new evidence justifying a further arrest has come to light since his release. Failure to answer to bail under section 30A 30D 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 police 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 under subsection (1) or (5) of section 30B or, if notice of change has 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)), and b section 31, an arrest under this section is to be treated as an arrest for an offence. Drug testing for under-eighteens 5 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 substituted— iiia except in a case where (by virtue of subsection (9) of section 63B below) that section does not apply, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under that section; , ii in sub-paragraph (i) of paragraph (b), after “satisfied” there 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 the age for the time being specified a different age specified in the order. 6B A statutory instrument containing an order under subsection (6A) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House 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 of samples under this section from persons who have not attained the age of 18 have been made for the police area as a whole, or for the particular police station, in which the 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, a person representing that authority or organisation; or 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 is not a police officer or a person employed 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 in which the police station is situated. Use of telephones for review of police detention 6 For section 40A(1) and (2) of the 1984 Act (use of telephone for review under s.40) there is substituted— 1 A review under section 40(1)(b) may be carried out by means of 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 section 45A to be carried out using video-conferencing facilities; and b it is reasonably practicable to carry it out in accordance with those regulations. Limits on period of detention without charge 7 In section 42(1) of the 1984 Act (conditions to be satisfied before detention without charge may be extended from 24 to 36 hours), for paragraph (b) there is substituted— b an offence for which he is under arrest is an arrestable offence; and . Property of detained persons 8 1 In subsection (1) of section 54 of the 1984 Act (which requires 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 person 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 made as part of his custody record. Taking fingerprints without consent 9 1 Section 61 of the 1984 Act (fingerprinting) is amended as follows. 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 may 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 may be taken without the appropriate consent if— a he has been charged with a recordable offence or informed that 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 unsatisfactory 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) has already had his fingerprints taken in the course of the investigation 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 (4A) ” . 5 In subsection (7) (reasons for taking of fingerprints without consent) for “subsection (3) or (6)” there is substituted “ subsection (3), (4) or (6) ” . Taking non-intimate samples without consent 10 1 Section 63 of the 1984 Act (other samples) is amended as follows. 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 the appropriate consent if two conditions are satisfied. 2B The first is that the person is in police detention in consequence 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 from the same part of the body taken in the course of the investigation 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 consent 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 consent) for “subsection (3A)” there is substituted “ subsection (2A), (3A) ” . Codes of practice 11 1 In section 67 of the 1984 Act (supplementary provisions about codes), for subsections (1) to (7C) there is substituted— 1 In this section, “ code ” means a code of practice under section 60, 60A or 66. 2 The Secretary of State may at any time revise the whole or any 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 Secretary of State must consult— a persons whom he considers to represent the interests of police authorities, b persons whom he considers to represent the interests of chief 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 operation until the Secretary of State by order so provides. 6 The power conferred by subsection (5) is exercisable by statutory instrument. 7 An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution 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 having 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 revision of a code to which it relates must also be laid. 7C No order or draft of an order may be laid until the consultation required by subsection (4) has taken place. 7D An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions. 2 Section 113 of the 1984 Act (application of Act to armed forces) is amended as follows. 3 After subsection (3) there is inserted— 3A In subsections (4) to (10), “ code ” means a code of practice under subsection (3). 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. Amendments related to Part 1 12 Schedule 1 (which makes amendments related to the provisions of this Part) has effect. Part 2 Bail Grant and conditions of bail 13 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 imposed under section 3(4), (5), (6) or (7) unless necessary for certain purposes)— a the words “for the purpose of preventing that person from” are omitted, b the words “for the purpose of preventing that person from” are 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 own interests. 3 In paragraph 8(1) of Part 1 of Schedule 1 to the 1976 Act (no 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” onwards 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 Schedule, or b for the defendant’s own protection or, if he is a child or young person, for his own welfare or in his own interests. 4 For paragraph 5 of Part 2 of that Schedule (defendant need not be granted bail if having been released on bail he has been arrested in pursuance 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 in pursuance of section 7 of this Act; and b the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person). Offences committed on bail 14 1 For paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (defendant 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 conditions 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 grounds for believing that the defendant, if released on bail (whether subject 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. Absconding by persons released on bail 15 1 For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail if having been released on bail he has been arrested 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. 2 Subject to sub-paragraph (3) below, the defendant falls within this paragraph if— a he is aged 18 or over, and b it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody. 3 Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, he does not fall within this paragraph unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time. 4 For the purposes of sub-paragraph (3) above, a failure to give to the defendant a copy of the record of the decision to grant him bail 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 applies if— a the defendant is under the age of 18, and b it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody. 2 Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, this paragraph does not apply unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable 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 grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would fail to surrender to custody, the court 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 to surrender to custody, or b where he did have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody at the appointed place as soon as reasonably practicable 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 not constitute a reasonable cause for his failure to surrender to custody. 3 In section 6 of the 1976 Act (offence of absconding by person 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 proceedings and that bail was granted by a constable, a magistrates' court shall not try that person for an offence under subsection (1) or (2) above in relation 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 relevant offence within 6 months from the time of the commission of the relevant offence. 13 This subsection applies if an information is laid for the relevant offence no later than 3 months from the time of the occurrence of the first of the events mentioned in subsection (14) below to occur after the commission 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 he was granted bail; c the person appears or is brought before a court in connection with the relevant offence or the offence for which he was granted bail. Appeal to Crown Court 16 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) (adjournment of trial), b section 17C of that Act (intention as to plea: adjournment), c section 18 of that Act (initial procedure on information against adult for offence triable either way), d section 24C of that Act (intention as to plea by child or young person: adjournment), e section 52(5) of the Crime and Disorder Act 1998 (c. 37) (adjournment 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 person 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 place or area, b that the person concerned resides at a particular place other 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 hours, 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 person. 4 An appeal under this section may not be brought unless subsection (5) or (6) applies. 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 constable 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 section, the person concerned may not bring any further appeal under this section in respect of the conditions of bail unless an application or a further application to the magistrates' court under section 3(8)(a) of the 1976 Act is made and determined after the appeal. Appeals to High Court 17 1 In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension 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, there 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 application 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 application 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 the Supreme Court Act 1981 (c. 54), is abolished. 4 The High Court is to have no power to entertain an application in relation to bail where the Crown Court has determined an appeal under section 16 of this Act. 5 The High Court is to have no power to entertain an application in relation to bail where the Crown Court has granted or withheld bail under section 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 or any other prerogative remedy. 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 to be read as including a reference to the revocation of bail. Appeal by prosecution 18 1 Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal) is amended as follows. 2 For subsection (1) (prosecution may appeal to Crown Court judge 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 charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to a judge of the Crown Court against the granting of bail. 3 In subsection (10)(a) for “punishable by a term of imprisonment” there is substituted “ punishable by imprisonment ” . Drug users: restriction on bail 19 1 The 1976 Act is amended as follows. 2 In section 3 (general provisions), after subsection (6B) there 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 the case may be, providing relevant follow-up have been made for the petty sessions area in which it appears to the court that the person referred to in subsection (6D) would reside if granted bail; 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 a relevant assessment has been carried out, has had relevant follow-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 bail that P both undergo the relevant assessment and participate in any relevant follow-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— a “ relevant assessment ” means an assessment conducted by a suitably qualified person of whether P is dependent upon or has a 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 a dependency or propensity, such further assessment, and such assistance or treatment (or both) in connection with the dependency or propensity, as the person who conducted the relevant 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 Criminal Justice and Court Services Act 2000. 6F In subsection (6E)(a) above, “ suitably qualified person ” means a person who has such qualifications or experience as are from time to time specified by the Secretary of State for the purposes of this subsection. 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 court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not). Exception applicable to drug users in certain areas 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 of Class A drugs) in connection with the offence; or ii under section 161 of the Criminal Justice Act 2003 (drug testing after conviction of an offence 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 specified Class A drug, or the court is satisfied that there are substantial 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 intended misuse of such a drug; and d the condition set out in sub-paragraph (2) below is satisfied or (if the court is considering on a second or subsequent occasion whether or not to grant bail) has been, and continues to be, satisfied. 2 The condition referred to is that after the taking and analysis 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 not agree 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 and Court Services Act 2000. Exception applicable to drug users in certain areas 6C Paragraph 6A above does not apply unless— a the court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the petty sessions area in which it appears to the court that the defendant would 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) ” . Supplementary amendments to the Bail Act 1976 20 1 In Part 1 of Schedule 1 to the 1976 Act (supplementary provisions 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 paragraph, 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 is satisfied as mentioned in sub-paragraph (1) of that paragraph; b where the defendant falls within paragraph 6, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph; c where the defendant falls within paragraph 6B, the court is satisfied as mentioned in paragraph 6A of this Part of this Schedule 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 account in making decisions under paragraph 2 or 2A of that Part) for “2 or 2A” there is substituted “ 2(1), or in deciding whether it is satisfied as mentioned in paragraph 2A(1), 6(1) or 6A, ” . Interpretation of Part 2 21 In this Part— “ bail ” means bail in criminal proceedings (within the meaning of 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 Conditional cautions 22 1 An authorised person may give a conditional caution to a person aged 18 or over (“the offender”) if each of the five requirements in section 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 attached to it with which the offender must comply. 3 The conditions which may be attached to any conditional caution are those which have one or more of the following objects— a facilitating the rehabilitation of the offender; b ensuring that the offender makes reparation for the offence; c punishing the offender. 3A The conditions which may be attached to a conditional caution include— a (subject to section 23A) a condition that the offender pay a financial penalty; b a condition that the offender attend at a specified place at specified times. “ Specified ” means specified in the condition . 3B Conditions attached by virtue of subsection (3A)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation. 3C The Secretary of State may by order amend subsection (3B) by substituting a different figure. 3D A conditional caution given to a relevant foreign offender may have conditions attached to it that have one or more of the objects mentioned in subsection (3E) (whether or not in addition to conditions with one or more of the objects mentioned in subsection (3)). 3E The objects are— a bringing about the departure of the relevant foreign offender from the United Kingdom; b ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time. 3F If a relevant foreign offender is given a conditional caution with a condition attached to it with the object of ensuring that the offender does not return to the United Kingdom for a period of time, the expiry of that period does not of itself give rise to any right on the part of the offender to return to the United Kingdom. 3G In this section “ relevant foreign offender ” means— a an offender directions for whose removal from the United Kingdom have been, or may be, given under— i Schedule 2 to the Immigration Act 1971, or ii section 10 of the Immigration and Asylum Act 1999, or b an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force. 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 purposes of this section. The five requirements 23 1 The first requirement is that the authorised person has evidence that the offender has committed an offence. 2 The second requirement is that a relevant prosecutor or the authorised person decides— a that there is sufficient evidence to charge the offender with the offence, and b that a conditional caution should be given to the offender in respect of the offence. 3 The third requirement is that the offender admits to the authorised person that he committed the offence. 4 The fourth requirement is that the authorised person explains 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. 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. Duty to consult victims 23ZA 1 Before deciding what conditions to attach to a conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document. 2 If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so. 3 Where— a there is more than one victim and they express different views, or b for any other reason subsection (2) does not apply, the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution. 4 In this section— “ community remedy document ” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed; “ victim ” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence. Financial penalties 23A 1 A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State. 2 An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a). 3 The amount that may be prescribed in respect of any offence (other than one to which subsection (4A) applies) must not exceed— a one quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence, or b £250, whichever is the lower. 4 The Secretary of State may by order amend subsection (3) by— a substituting a different fraction in paragraph (a); b substituting a different figure in paragraph (b). 4A In the case of an offence for which a person is liable on summary conviction to a fine of an unlimited amount, the amount that may be prescribed must not exceed the amount for the time being specified in subsection (3)(b). 5 Where a financial penalty condition is attached to a conditional caution, the condition must specify— a the amount of the penalty, b the person to whom the financial penalty is to be paid and how it may be paid. 6 To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b) . 6A Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation of conditions 23B A relevant prosecutor or an authorised person may, with the consent of the offender, vary the conditions attached to a conditional caution by— a modifying or omitting any of the conditions; b adding a condition. Failure to comply with conditions 24 1 If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, criminal proceedings 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 caution is to cease to have effect. Arrest for failure to comply 24A 1 If a constable has reasonable grounds for believing that the offender has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, he may arrest him without warrant. 2 A person arrested under this section must be— a charged with the offence in question, b released without charge and on bail if— i the release is to enable a decision to be made as to whether the person should be charged with the offence, and ii the pre-conditions for bail are satisfied, or c released without charge and without bail (with or without any variation in the conditions attached to the caution) if paragraph (b) does not apply. 3 Subsection (2) also applies in the case of— a a person who, having been released on bail under subsection (2)(b) , returns to a police station to answer bail or is otherwise in police detention at a police station; b a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 24B below, attends at a police station to answer bail or is otherwise in police detention at a police station; c a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 24B below. 4 Where a person is released under subsection (2)(b) , the custody officer must inform him that he is being released to enable a decision to be made as to whether he should be charged with the offence in question. 5 A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention— a to enable him to be dealt with in accordance with that subsection, or b where applicable, to enable the power under section 47(4A) of the 1984 Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 24B below, to be exercised. If the person is not in a fit state to enable him to be so dealt with, or to enable that power to be exercised, he may be kept in police detention until he is. 6 The power under subsection (5)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution. 7 Subsection (2) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest. 8 Subsection (2) does not require a person who— a falls within subsection (3)(a) or (b), and b is in police detention in relation to a matter other than the conditional caution, to be released if he is liable to be kept in detention in relation to that other matter. 8A In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act. 9 In this Part— “ the 1984 Act ” means the Police and Criminal Evidence Act 1984; “ police detention ” has the same meaning as in the 1984 Act (see section 118(2) of that Act). Application of PACE provisions 24B 1 In the case of a person arrested under section 24A, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence. 2 The provisions are— a section 30 (arrest elsewhere than at police station); b sections 30A to 30D (bail elsewhere than at police station); c section 31 (arrest for further offence); d section 34(1) to (5E) (limitations on police detention); e section 36 (custody officers at police stations); f section 37(4) to (6C) (record of grounds for detention); g section 38 (duties of custody officer after charge); h section 39 (responsibilities in relation to persons detained); i section 55A (x-rays and ultrasound scans). 3 The modifications are— za in section 30CA, omit subsections (4A) to (4D) ; a in section 30CA(5), in paragraph (a) of the definition of “relevant officer”, for the reference to being involved in the investigation of the relevant offence substitute a reference to being involved— i in the investigation of the offence in respect of which the person was given the conditional caution, or ii in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution; b in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved— i in the investigation of the offence in respect of which the person was given the conditional caution, or ii in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution; c in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”; d in section 39(2) and (3), for the references to an offence substitute references to a failure to comply with conditions attached to the conditional caution. 4 Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 24A above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications— a omit subsections (8) and (8A); b in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 24A(5) above. 5 The following provisions of the 1984 Act apply to a person released on bail under section 24A(2)(b) above as they apply to a person released on bail under section 37 of that Act— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b section 46A (power of arrest for failure to answer to police bail); c section 47 (bail after arrest) except subsections (4D) and (4E) . 6 Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within subsection (3) of section 24A above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37. 7 Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 24A above— a in subsections (1)(a) and (12), after “as a person involved in the commission of an offence” insert “or as having failed to comply with any of the conditions attached to his conditional caution”; b in subsection (9)(a), after “the investigation of an offence” insert “, the investigation of whether the person in question has failed to comply with any of the conditions attached to his conditional caution”. Code of practice 25 1 The Secretary of State must prepare a code of practice in relation 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 of such cautions, c the conditions which may be attached to such cautions and the time for which they may have effect, d the category of constable or investigating officer by whom such cautions may be given, e the persons who may be authorised by a relevant prosecutor for the purposes of section 22, f the form which such cautions are to take and the manner in which they are to be given and recorded, g the places where such cautions may be given, . . . ga the provision which may be made in a condition under section 23A(5)(b), h the monitoring of compliance with conditions attached to such cautions. i the exercise of the power of arrest conferred by section 24A(1), and j who is to decide how a person should be dealt with under section 24A(2). 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 draft, and c may amend the draft accordingly, but he may not publish or amend the draft without the consent of 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 order. 6 The Secretary of State may from time to time revise a code of practice brought into force under this section. 7 Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code. Assistance of National Probation Service 26 1 Section 1 of the Criminal Justice and Court Services Act 2000 (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 which conditions 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 caution ” have the same meaning as in Part 3 of the Criminal Justice Act 2003. Interpretation of Part 3 27 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 an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as a policing support officer or a policing support volunteer under section 38 of the Police Reform Act 2002 (c. 30), “ the offender ” has the meaning given by section 22(1), “ relevant prosecutor ” means— the Attorney General, the Director of the Serious Fraud Office, ... the Director of Public Prosecutions, a Secretary of State, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a person who is specified in an order made by the Secretary of State as being a relevant prosecutor for the purposes of this Part. Part 4 Charging etc Charging or release of persons in police detention 28 Schedule 2 (which makes provision in relation to the charging or release of persons in police detention) shall have effect. Instituting proceedings by written charge 29 1 A relevant prosecutor may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence. 2 Where a relevant prosecutor issues a written charge, it must at the same time issue— a a requisition, or b a single justice procedure notice. 2AA A single justice procedure notice may be issued only if— a the offence is a summary offence not punishable with imprisonment, and b the person being charged has attained the age of 18, or is not an individual. 2A A requisition is a document which requires the person on whom it is served to appear before a magistrates' court to answer the written charge. 2B A single justice procedure notice is a document which requires the person on whom it is served to serve on the designated officer for a magistrates' court specified in the notice a written notification stating— a whether the person desires to plead guilty or not guilty, and b if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980. 2C Subsection (2D) applies if— a the offence is specified in regulations under section 16H (3) (a) of the Magistrates’ Courts Act 1980, and b the relevant prosecutor decides that it would be appropriate for the automatic online conviction option to be offered (see section 16G (1) of the Magistrates’ Courts Act 1980). 2D The single justice procedure notice must also explain— a the steps that the person on whom the notice is served can take if the person wants to be offered the automatic online conviction option, and b that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply. 2E The Lord Chancellor may by order make provision about the matters that are to be taken into account by a relevant prosecutor before deciding as mentioned in subsection (2C) (b) . 3 Where a relevant prosecutor issues a written charge and a requisition, the written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition. 3A Where a relevant prosecutor issues a written charge and a single justice procedure notice, the written charge and notice must be served on the person concerned, and a copy of both must be served on the designated officer specified in the notice. 3B If a single justice procedure notice is served on a person, the relevant prosecutor must— a at the same time serve on the person such documents as may be prescribed by Criminal Procedure Rules, and b serve copies of those documents on the designated officer specified in the notice. 3C The written notification required by a single justice procedure notice may be served by the legal representative of the person charged on the person's behalf. 4 A relevant prosecutor authorised to issue a requisition is not to have the power to lay an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates' Courts Act 1980 (c. 43). 5 In this section “ relevant prosecutor ” means— a a police force or a person authorised by a police force to institute criminal proceedings, b the Director of the Serious Fraud Office or a person authorised by him to institute criminal proceedings, c the Director of Public Prosecutions or a person authorised by him to institute criminal proceedings, ca . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cb the Director General of the National Crime Agency or a person authorised by him to institute criminal proceedings; d the Attorney General or a person authorised by him to institute criminal proceedings, e a Secretary of State or a person authorised by a Secretary of State to institute criminal proceedings, f the Commissioners of Inland Revenue or a person authorised by them to institute criminal proceedings, g the Commissioners of Customs and Excise or a person authorised by them to institute criminal proceedings, or h a person specified in an order made by the Secretary of State for the purposes of this section or a person authorised by such a person to institute criminal proceedings. 5A An order under subsection (5)(h) specifying a person for the purposes of this section must also specify whether that person and a person authorised by that person to institute criminal proceedings— a are authorised to issue written charges, requisitions and single justice procedure notices, or b are authorised to issue only written charges and single justice procedure notices. 6 In subsection (5) “ police force ” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23). Further provision about written charges 30 1 Criminal Procedure Rules may make— a provision as to the form, content, recording, authentication and service of written charges , requisitions or single justice procedure notices , and b such other provision in relation to written charges , requisitions or single justice procedure notices as appears to the Criminal Procedure Rule Committee 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 disapplies, the provision of any enactment relating to the service of documents, b for or in connection with the issue of further requisitions or further single justice procedure notices . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Nothing in section 29 affects— a the power of a public prosecutor to lay an information for the purpose of obtaining the issue of a warrant under section 1 of the Magistrates' 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 or 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 enactment contained in an Act passed before this Act— a any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' 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 issue of a written charge), b any reference (however expressed) which is or includes a reference 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 including a reference to a requisition (or to a relevant prosecutor issuing a requisition) , and c any reference (however expressed) which is or includes a reference 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 including a reference to a single justice procedure notice (or to a relevant prosecutor issuing a single justice procedure notice). 6 Subsection (5) does not apply to section 1 of the Magistrates' 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 other Act passed in the same Session as this Act. 7A The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including— a a reference to an enactment contained in an Act passed before or in the same Session as the Criminal Justice and Courts Act 2015, and b a reference to an enactment contained in such an Act as a result of an amendment to that Act made by the Criminal Justice and Courts Act 2015 or by any other Act passed in the same Session as the Criminal Justice and Courts Act 2015. 8 In this section “ relevant prosecutor ” , “ requisition ” , “ single justice procedure notice ” and “ written charge ” have the same meaning as in section 29. Removal of requirement to substantiate information on oath 31 1 In section 1(3) of the Magistrates' Courts Act 1980 (warrant may not be issued unless information substantiated on oath) the words “and substantiated on oath” are omitted. 2 In section 13 of that Act (non-appearance of defendant: issue of warrant) in subsection (3)(a) the words “the information has been substantiated 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, with imprisonment, or . Part 5 Disclosure Initial duty of disclosure by prosecutor 32 In the Criminal Procedure and Investigations Act 1996 (c. 25) (in this Part referred to as “ the 1996 Act ”), in subsection (1)(a) of section 3 (primary disclosure by prosecutor)— a for “in the prosecutor’s opinion might undermine” there is substituted “ might reasonably be considered capable of undermining ” ; b after “against the accused” there is inserted “ or of assisting the case for the accused ” . Defence disclosure 33 1 In section 5 of the 1996 Act (compulsory disclosure by accused), after subsection (5) there is inserted— 5A Where there are other accused in the proceedings and the court 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 the prosecutor (under subsection (5)) must be given during the period which, by virtue of section 12, is the relevant period for this section. 5D A defence statement that has to be given to a co-accused (under subsection (5A)) must be given within such period as the court may specify. 2 After section 6 of that Act there is inserted— Contents of defence statement 6A 1 For the purposes of this Part a defence statement is a written statement— a setting out the nature of the accused’s defence, including any 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 issue 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 he wishes to take, and any authority on which he intends to rely for that purpose. 2 A defence statement that discloses an alibi must give particulars of it, including— a the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given; b any information in the accused’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the statement is given. 3 For the purposes of this section evidence in support of an alibi 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 time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission. 4 The Secretary of State may by regulations make provision as to the details of the matters that, by virtue of subsection (1), are to be included in defence statements. 3 After section 6A of that Act (inserted by subsection (2) above) there is inserted— Updated disclosure by accused 6B 1 Where the accused has, before the beginning of the relevant period for this section, given a defence statement under section 5 or 6, he 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 section 12. 3 An updated defence statement must comply with the requirements imposed by or under section 6A by reference to the state of affairs at the time when the statement is given. 4 Instead of an updated defence statement, the accused may give 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 court so orders, the accused must also give either an updated defence statement 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 its own motion or on the application of any party. Notification of intention to call defence witnesses 34 After section 6B of the 1996 Act (inserted by section 33 above) there is inserted— Notification of intention to call defence witnesses 6C 1 The accused must give to the court and the prosecutor a notice indicating whether he intends to call any persons (other than himself) 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 to the 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 any such proposed witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the notice is given. 2 Details do not have to be given under this section to the extent 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 included in the notice as a proposed witness, or decides not to call a person 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 of it when giving the notice, he must give an appropriately amended notice to the court and the prosecutor. Notification of names of experts instructed by defendant 35 After section 6C of the 1996 Act (inserted by section 34 above) there is inserted— Notification of names of experts instructed by accused 6D 1 If the accused instructs a person with a view to his providing any expert opinion for possible use as evidence at the trial of the accused, he must give to the court and the prosecutor a notice specifying the person’s name and address. 2 A notice does not have to be given under this section specifying the name and address of a person whose name and address have already 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. Further provisions about defence disclosure 36 After section 6D of the 1996 Act (inserted by section 35 above) there is inserted— Disclosure by accused: further provisions 6E 1 Where an accused’s solicitor purports to give on behalf of the 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 to be given with the authority of the accused. 2 If it appears to the judge at a pre-trial hearing that an accused has failed to comply fully with section 5, 6B or 6C, so that there is a possibility of comment being made or inferences drawn under section 11(5), he shall warn the accused accordingly. 3 In subsection (2) “ pre-trial hearing ” has the same meaning as 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 include 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 to understand 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 statement (that is, a defence statement given under section 5 or 6), to that statement; b where he has given both an initial defence statement and an updated defence statement (that is, a defence statement given under 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 initial defence statement. Continuing duty of disclosure by prosecutor 37 Before section 8 of the 1996 Act there is inserted— Continuing duty of prosecutor to disclose 7A 1 This section applies at all times— a after the prosecutor has complied with section 3 or purported to comply with it, and b before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned. 2 The prosecutor must keep under review the question whether at any given time (and, in particular, following the giving of a defence 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 the 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 is reasonably practicable (or within the period mentioned in subsection (5)(a), where that applies). 4 In applying subsection (2) by reference to any given time the state of affairs at that time (including the case for the prosecution as it stands at that time) must be taken into account. 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 must do so during the period which, by virtue of section 12, is the relevant period for this section; b if the prosecutor considers that he is not so required, he must during that period give to the accused a written statement to that effect. 6 For the purposes of this section prosecution material is material— a which is in the prosecutor’s possession and came into his possession in connection with the case for the prosecution against the accused, or b which, in pursuance of a code operative under Part 2, he has inspected in connection with the case for the prosecution against the accused. 7 Subsections (3) to (5) of section 3 (method by which prosecutor 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 extent 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 extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23). Application by defence for disclosure 38 In section 8 of the 1996 Act (application by accused for disclosure), 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 section 7A(5) or has purported to comply with it or has failed to comply with it. 2 If the accused has at any time reasonable cause to believe that there is prosecution material which is required by section 7A to be disclosed to him and has not been, he may apply to the court for an order requiring the prosecutor to disclose it to him. Faults in defence disclosure 39 For section 11 of the 1996 Act there is substituted— Faults in disclosure by accused 11 1 This section applies in the three cases set out in subsections (2), (3) and (4). 2 The first case is where section 5 applies and the accused— a fails to give an initial defence statement, 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 for 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 kind mentioned in section 6B(4) but does so after the end of the period which, by virtue of section 12, is the relevant period for 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 set out in that statement, ii relies on a matter which, in breach of the requirements imposed by or under section 6A, was not mentioned in his 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) as regards the witness in his defence statement. 3 The second case is where section 6 applies, the accused gives an initial defence statement, and the accused— a gives the initial defence statement after the end of the period which, by virtue of section 12, is the relevant period for section 6, or b does any of the things mentioned in paragraphs (c) to (f) of subsection (2). 4 The third case is where the accused— a gives a witness notice but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6C, or b at his trial calls a witness (other than himself) not included, 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) (including that provision as it applies by virtue of subsection (3)(b)), and b the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority, comment by another party under subsection (5)(a) may be made only with the leave of the court. 7 Where this section applies by virtue of subsection (4), comment 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 under subsection (5) or in deciding whether to do anything under it the 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 include, or to identify adequately, in a witness notice, in doing anything under subsection (5) or in deciding whether to do anything under it the 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 mentioned 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 requirements imposed by or under section 6A or a failure to comply with section 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 that 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 construed in accordance with section 6A(3); e “ witness notice ” means a notice given under section 6C. Code of practice for police interviews of witnesses notified by accused 40 In Part 1 of the 1996 Act after section 21 there is inserted— Code of practice for police interviews of witnesses notified by accused 21A 1 The Secretary of State shall prepare a code of practice which gives guidance to police officers, and other persons charged with the duty of investigating offences, in relation to the arranging and conducting 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 under section 6C. 2 The code must include (in particular) guidance in relation to— a information that should be provided to the interviewee and the accused in relation to such an interview; b the notification of the accused’s solicitor of such an interview; c the attendance of the interviewee’s solicitor at such an interview; d the attendance of the accused’s solicitor at such an interview; e the attendance of any other appropriate person at such an interview taking into account the interviewee’s age or any disability of the interviewee. 3 Any police officer or other person charged with the duty of investigating offences who arranges or conducts such an interview 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 of 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 apply to the code as first prepared. 7 An order bringing the code into operation may not be made unless a draft of the order has been laid before each House of Parliament and approved by a resolution of each House. 8 An order bringing a revised code into operation shall be laid before each House of Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House. 9 When an order or a draft of an order is laid in accordance with 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 consultation required by subsection (4) has taken place. 11 A failure by a person mentioned in subsection (3) to have regard to any provision of a code for the time being in operation by virtue of 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 at any time by virtue of an order under this section shall be admissible in evidence. 13 If it appears to a court or tribunal conducting criminal or civil proceedings that— a any provision of a code in operation at any time by virtue of an order under this section, or b any failure mentioned in subsection (11), is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question. Part 6 Allocation and sending of offences Allocation of offences triable either way, and sending cases to Crown Court 41 Schedule 3 (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court) shall have effect. Mode of trial for certain firearms offences: transitory arrangements 42 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 substituted “ 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 committal proceedings and vice versa), in subsection (5), for “homicide” there is substituted “ one falling within section 24(1B) above ” . Part 7 Trials on indictment without a jury Applications by prosecution for certain fraud cases to be conducted without a jury 43 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 Disorder Act 1998 (c. 37) (notices in serious or complex fraud cases) in respect 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 must 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 length 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 consideration 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 condition is fulfilled, the judge must have regard to any steps which might reasonably be taken to reduce the complexity or length of the trial. 7 But a step is not to be regarded as reasonable if it would significantly disadvantage the prosecution. Application by prosecution for trial to be conducted without a jury where danger of jury tampering 44 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 make an order that the trial is to be conducted without a jury; but if he is not so 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 (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice for the trial to be conducted without a jury. 6 The following are examples of cases where there may be evidence 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 previous trial was discharged because jury tampering had taken place, b a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of the defendants, c a case where there has been intimidation, or attempted intimidation, of any person who is likely to be a witness in the trial. Procedure for applications under sections 43 and section 44 45 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 determined 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 opportunity 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 required during the trial, b if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them, c determining an application to which section 45 of the Criminal Justice Act 2003 applies, . 5 In section 9(11) of that Act (appeal to Court of Appeal) after “above,” there is inserted “ from the refusal by a judge of an application 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 the determination of such an application, ” . 6 In section 29 of the 1996 Act (power to order preparatory hearing) after subsection (1) there is inserted— 1A A judge of the Crown Court may also order that a preparatory hearing shall be held if an application to which section 45 of the Criminal Justice Act 2003 applies (application for trial without jury) is made. 7 In subsection (2) of that section (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 required during the trial, b if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them, c determining an application to which section 45 of the Criminal Justice Act 2003 applies, . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 In section 35(1) of that Act (appeal to Court of Appeal) after “31(3),” there is inserted “ from the refusal by a judge of an application 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 the determination of such an 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). Discharge of jury because of jury tampering 46 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 must— 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 without 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 the 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), he may make an order that any new trial which is to take place must be conducted without a jury if he is satisfied in respect of the new trial that both of 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 the application of section 43 or 44 in relation to any new trial which takes place following the termination of the trial. Appeals 47 1 An appeal shall lie to the Court of Appeal from an order under section 46(3) or (5). 2 Such an appeal may be brought only with the leave of the judge 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 under this section, or b if such an appeal is brought, before the appeal is finally disposed of or abandoned. 4 On the termination of the hearing of an appeal under this section, the Court of Appeal may confirm or revoke the order. 5 Subject to rules of court made under section 53(1) of the Supreme 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 is 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) (right of appeal to House of Lords) after “1996” there is inserted “ or section 47 of the Criminal Justice Act 2003 ” . 7 In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ” . 8 The Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (subject to any specified modifications). Further provision about trials without a jury 48 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 power to determine any question and to make any finding which would be required to be determined or made by a jury). 4 Except where the context otherwise requires, any reference in 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 the 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, and b the reference in section 18(2) of the Criminal Appeal Act 1968 (c. 19) (notice of appeal or of application for leave to appeal to be given within 28 days from date of conviction etc) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a). 6 Nothing in this Part affects the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 that any question, finding or verdict mentioned in that section be determined, made or returned by a jury . Rules of court 49 1 Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part. 2 Without limiting subsection (1), rules of court may in particular 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 generality of any enactment conferring powers to make rules of court. Application of Part 7 to Northern Ireland 50 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 section 75 of the Terrorism Act 2000 (c. 11) (trial without jury for certain offences) applies. 3 For section 45 substitute— Procedure for applications under sections 43 and 44 45 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 determined— a at a preparatory hearing (within the meaning of the 1988 Order), or b at a hearing specified in, or for which provision is made by, Crown Court rules. 3 The parties to a hearing mentioned in subsection (2) at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application. 4 In Article 6(1) of the 1988 Order (which sets out the purposes of preparatory hearings) for sub-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 required during the trial; b if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them; c determining an application to which section 45 of the Criminal Justice Act 2003 applies; or . 5 In Article 8(11) of the 1988 Order (appeal to Court of Appeal) after “(3),” there is inserted “ from the refusal by a judge of an application 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 the determination 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 section 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 which is 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 application ” . 6 In section 47(4) for “confirm or revoke the order” substitute— a where the appeal is from an order, confirm or revoke the order, or b where the appeal is from a refusal of an application, confirm the refusal or make the order which is the subject of the application . 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 Supreme Court ) after “1988” there is inserted “ 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) a for “Secretary of State” substitute Department of Justice in Northern Ireland; and b for “Criminal Appeal Act 1968” substitute “ Criminal Appeal (Northern Ireland) Act 1980 ” . 11 In section 48(4) after “enactment” insert “ (including any provision of Northern Ireland legislation) ” . 12 For section 48(5)(b) substitute— b the reference in section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (notice of appeal or application for leave) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a). 13 In section 48(6)— a for “section 4A of the Criminal Procedure (Insanity) Act 1964” substitute Article 49A of the Mental Health (Northern Ireland) Order 1986, and b for “that section” substitute that Article. 14 After section 48 insert— Reporting restrictions 48A 1 Sections 41 and 42of the Criminal Procedure and Investigations 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 such 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 paragraphs (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 such 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 to that judge for leave to appeal to the Court of Appeal ” , and b after “matter” in the second place where it occurs there were inserted “ or application ” . 4 Section 41 of that Act is to have effect as if after subsection (3) there were inserted— 3A The Court of Appeal 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 Court, or b an application to that Court for leave to appeal. 3B The Supreme Court may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of— a an appeal to the Supreme Court , or b an application to the Supreme Court for leave to appeal. 5 Section 41(4) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the Supreme Court ” . 6 Section 41(5) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the Supreme Court ” . 15 For section 49(2) substitute— 2 Without limiting subsection (1), rules of court may in particular make provision— a 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; 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 Northern Ireland legislation) ” . Part 8 Live links Directions for live links in criminal proceedings 51 1 The court may, by a direction, require or permit a person to take part in eligible criminal proceedings through— a a live audio link, or b a live video link. 2 A direction under this section may be given in relation to a member of a jury only if the direction requires all members of the jury to take part through a live video link while present at the same place. 3 In this Part “eligible criminal proceedings” means— a a preliminary hearing (see section 56(1)), b a summary trial, c a criminal appeal to the Crown Court and any proceedings that are preliminary or incidental to such an appeal, d a trial on indictment or any other trial in the Crown Court for an offence, e proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964, f proceedings under Part 3 of the Mental Health Act 1983, g proceedings under— i section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, or ii section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates’ court on adjourning a case under that section of the 2000 Act, h an appeal to the criminal division of the Court of Appeal and any proceedings that are preliminary or incidental to such an appeal, i a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference, j the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 and any proceedings that are preliminary or incidental to such a hearing, k a hearing before a magistrates’ court or the Crown Court which is held after the defendant has entered a plea of guilty, l a hearing under section 142(1) or (2) of the Magistrates’ Courts Act 1980, m a hearing before the Court of Appeal under section 80 of this Act and any proceedings that are preliminary or incidental to such a hearing, n any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted, o a sentencing hearing (see section 56(1)), or p an enforcement hearing (see section 56(1)). 4 The court may not give a direction under this section unless— a the court is satisfied that it is in the interests of justice for the person to whom the direction relates to take part in the proceedings in accordance with the direction through the live audio link or live video link, b the parties to the proceedings have been given the opportunity to make representations, and c if so required by section 52 (9) , the relevant youth offending team has been given the opportunity to make representations. 5 In deciding whether to give a direction under this section, the court must consider— a any guidance given by the Lord Chief Justice, and b all the circumstances of the case. 6 Those circumstances include in particular— a the availability of the person to whom the direction would relate, b any need for that person to attend in person, c the views of that person, d the suitability of the facilities at the place where that person would take part in the proceedings in accordance with the direction, e whether that person would be able to take part in the proceedings effectively if the person took part in accordance with the direction, f in the case of a direction relating to a witness— i the importance of the witness’s evidence to the proceedings, and ii whether the direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence, and g the arrangements that would or could be put in place for members of the public to see or hear the proceedings as conducted in accordance with the direction. Further provision about the effect of live-link directions 52 1 The power conferred by section 51 includes power to give— a a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings; b a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence); c a direction requiring or permitting a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link. 2 The court may vary or rescind a direction under section 51 at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court’s power to give a further direction under that section in relation to the proceedings). 3 A direction under section 51 may not be rescinded unless— a the court is satisfied that it is in the interests of justice for the direction to be rescinded, b the parties to the proceedings have been given the opportunity to make representations, and c if so required by subsection (9), the relevant youth offending team has been given the opportunity to make representations. 4 In relation to the variation of a direction given under section 51— a so far as the effect of the variation would be to allow a person to take part in eligible criminal proceedings through a live audio link or a live video link, or to alter (without removing) a person’s ability to do so, sections 51(4) and 53(1) to (3) apply as they apply to the giving of a direction; b so far as the effect of the variation would be to remove a person’s ability to take part in eligible criminal proceedings through a live audio link or a live video link, subsection (3) applies as it applies to the rescission of a direction. 5 Section 51(5) and (6) applies in relation to the variation or rescission of a direction given under section 51 as it applies to the giving of a direction under that section. 6 A direction under section 51 may be given, varied or rescinded— a on an application by a party to the proceedings, or b of the court’s own motion. But a party may not apply for a variation or rescission unless there has been a material change of circumstances since the direction was given or last varied. 7 The court must state in open court its reasons for refusing an application for the giving, variation or rescission of a direction under section 51 and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings. 8 If a hearing takes place in relation to the giving, variation or rescission of a direction under section 51, the court may require or permit a person to take part in that hearing through— a a live audio link, or b a live video link. 9 The requirement referred to in section 51(4)(c) and subsection (3)(c) arises in a case where— a the defendant is a party to the proceedings, and b either— i the defendant has not attained the age of 18 years, or ii the defendant has attained the age of 18 years but the court is dealing with the case as if the defendant had not attained that age. Further provision about the effect of live-link directions 52A 1 A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings. 2 A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings. 3 If eligible criminal proceedings are conducted with one or more persons taking part in accordance with a direction under section 51, the proceedings are to be regarded as taking place— a if at least one member of the court is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), b if no member of the court, but at least one other person, is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), or c if no person is taking part in the proceedings while in a courtroom, at such place as the court directs (being a place where the court could lawfully sit for the purposes of those proceedings). 4 In subsection (3), “courtroom” includes any place where proceedings of the sort in question might ordinarily be held (if no person were taking part in the proceedings in accordance with a direction under section 51). 5 A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence. Further provision about live links in magistrates’ courts 53 1 Subsections (2) and (3) apply where— a a magistrates' court is minded to give a direction under section 51 requiring or permitting a person to take part in proceedings before the court through a live audio link or a live video link , and b suitable facilities for such participation are not available at any place at which the court can (apart from subsection (2)) lawfully sit. 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 has been authorised by a direction under section 30 of the Courts Act 2003 . 3 If the place mentioned in subsection (2) is outside the local justice area in which the justices act it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting in that area. 4 The following functions of a magistrates’ court may be discharged by a single justice— a giving a direction under section 51 or varying such a direction under section 52(2); b rescinding under section 52(2) a direction given under section 51 before the eligible criminal proceedings concerned begin; c requiring or permitting, under section 52(8), a person to take part by live audio link or live video link in a hearing about a matter within paragraph (a) or (b). Requirement to attend court, perjury 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warning to jury 54 1 This section applies where, as a result of a direction under section 51, evidence has been given through a live audio link or a live video link by a witness (including the defendant) in proceedings before the Crown 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 where the proceedings are held. Rules of court 55 1 Criminal Procedure Rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of this Part. 2 Criminal Procedure Rules may in particular make provision— a as to the procedure to be followed in connection with applications under section 52(6) , and b as to the arrangements or safeguards to be put in place in connection with the operation of live audio links and live video links . 3 The provision which may be made by virtue of subsection (2)(a) includes provision— a for ... applications to be determined by the court without a hearing, b for preventing the renewal of an unsuccessful application under section 52(6) unless there has been a material change of circumstances, c for the manner in which confidential or sensitive information is to be treated in connection with an application under section 52(6) and in particular as to its being disclosed to, or withheld from, a party to the proceedings. 4 Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make Criminal Procedure Rules . Interpretation of Part 8 56 1 In this Part— ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, “defendant” includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned, “eligible criminal proceedings” has the meaning given in section 51 (3) , “enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of— a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, or a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable), “live audio link”, in relation to a person (P) taking part in proceedings, means a live telephone link or other arrangement which— enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and enables all other persons taking part in the proceedings who are not in the same location as P to hear P, “live video link”, in relation to a person (P) taking part in proceedings, means a live television link or other arrangement which— enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P, “ local justice area ” has the same meaning as in the Courts Act 2003 (c. 39) , “preliminary hearing” means a hearing in proceedings for an offence held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the Prosecution of Offences Act 1985), including, in the case of proceedings in the Crown Court, a preparatory hearing held under— section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud), or section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases), “relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned, “sentencing hearing” means any hearing following conviction for an offence which is held for the purpose of— proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing, sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), or determining— how the offender has complied with a sentence given in respect of the offence, or how the offender should be dealt with in respect of compliance with such a sentence, and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ witness ”, in relation to any criminal proceedings, means a person called, or proposed to be called, to give evidence in the proceedings. 1A In this Part, reference to taking part in proceedings means taking part in whatever capacity, including hearing the proceedings as a member of the court. 1B In the application of this Part in relation to a witness, a reference to taking part in proceedings includes attending those proceedings for a purpose preliminary or incidental to the giving of evidence. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 The following matters are to be disregarded for the purposes of the definitions of “live audio link” and “live video link” in subsection (1)— a the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing; b the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings. 5 Nothing in this Part is to be regarded as affecting any power of a court— a to make an order, give directions or give leave of any description 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 Introduction 57 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 judge or the Court of Appeal. General right of appeal in respect of rulings General right of appeal in respect of rulings 58 1 This section applies where a judge makes a ruling in relation 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 accordance with this section. 3 The ruling is to have no effect whilst the prosecution is able to take any steps under subsection (4). 4 The prosecution may not appeal in respect of the ruling unless— 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 following 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 subsection (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 the trial on indictment at an applicable time and which relate to the offence or offences which are the subject of the appeal, that other ruling, or those other rulings, are also to be treated 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 informs 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 acquitted 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 subsection (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. 11 If and to the extent that a ruling has no effect in accordance 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 ruling, 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 agreement under subsection (8) and either of the conditions mentioned in subsection (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 on indictment, means any time (whether before or after the commencement of the trial) before the time when the judge starts his summing-up to the jury. 14 The reference in subsection (13) to the time when the judge starts his summing-up to the jury includes the time when the judge would start his summing-up to the jury but for the making of an order under Part 7. Expedited and non-expedited appeals 59 1 Where the prosecution informs the court in accordance with section 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). Continuation of proceedings for offences not affected by ruling 60 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. Determination of appeal by Court of Appeal 61 1 On an appeal under section 58, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates. 2 Subsections (3) to (5) apply where the appeal relates to a single ruling. 3 Where the Court of Appeal confirms the ruling, 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. 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 the Crown Court, b order that a fresh trial may take place in the Crown Court for that offence, c order that the defendant in relation to that offence be acquitted of that offence. 5 But the Court of Appeal may not make an order under subsection (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under subsection (4)(a) or (b). 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 Right of appeal in respect of evidentiary rulings 62 1 The prosecution may, in accordance with this section and section 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 of a judge in relation to a trial on indictment which is made at any time (whether before or after the commencement of the trial) before the opening of the case for the defence. 3 The prosecution may not appeal in respect of a single qualifying evidentiary ruling unless the ruling relates to one or more qualifying offences (whether or not it relates to any other offence). 4 The prosecution may not appeal in respect of two or more qualifying evidentiary rulings unless each ruling relates to one or more qualifying 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 appeal relates— a the qualifying offence, or at least one of the qualifying offences, 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 court in accordance with subsection (5), inform the court of the offence or offences which are the subject of the appeal. 8 For the purposes of this section, the case for the defence opens when, after the conclusion of the prosecution evidence, the earliest of the following 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 adduced by or on behalf of a defendant, c a defendant’s case is opened, as permitted by section 2 of the Criminal Procedure Act 1865 (c. 18). 9 In this section— “ evidentiary ruling ” means a ruling which relates to the admissibility or exclusion of any prosecution evidence, “ qualifying offence ” means an offence described in Part 1 of Schedule 4. 10 The Secretary of State may by order amend that Part by doing any one or more of the following— a adding a description of offence, b removing a description of offence for the time being included, c modifying a description of offence for the time being included. 11 Nothing in this section affects the right of the prosecution to appeal in respect of an evidentiary ruling under section 58. Condition that evidentiary ruling significantly weakens prosecution case 63 1 Leave to appeal may not be given in relation to an appeal under 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 evidentiary ruling, the relevant condition is that the ruling significantly weakens the prosecution’s case in relation to the offence or offences which are the subject of the appeal. 3 In relation to an appeal in respect of two or more qualifying evidentiary rulings, the relevant condition is that the rulings taken together significantly weaken the prosecution’s case in relation to the offence or offences which are the subject of the appeal. Expedited and non-expedited appeals 64 1 Where the prosecution informs the court in accordance with section 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). Continuation of proceedings for offences not affected by ruling 65 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. Determination of appeal by Court of Appeal 66 1 On an appeal under section 62, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates. 2 In addition, the Court of Appeal 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 be resumed in the Crown Court, b order that a fresh trial may take place in the Crown Court for that offence, c order that the defendant in relation to that offence be acquitted 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. Miscellaneous and supplemental Reversal of rulings 67 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. Appeals to the House of Lords 68 1 In section 33(1) of the 1968 Act (right of appeal to House of Lords) after “this Act” there is inserted “ or Part 9 of the Criminal Justice Act 2003 ” . 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 1968 (c. 19). Costs 69 1 The Prosecution of Offences Act 1985 (c. 23) is amended as follows. 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 “hearings)” there is inserted “ or under Part 9 of the Criminal Justice Act 2003 ” . 3 In section 18 (award of costs against accused) after subsection (2) there is inserted— 2A Where the Court of Appeal reverses or varies a ruling on an 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 may be named in the order, as it considers just and reasonable. 4 In subsection (6) after “subsection (2)” there is inserted “ or (2A) ” . Effect on time limits in relation to preliminary stages 70 1 Section 22 of the Prosecution of Offences Act 1985 (c. 23) (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) is amended as follows. 2 After subsection (6A) there is inserted— 6B Any period during which proceedings for an offence are adjourned pending the determination of an appeal under Part 9 of the Criminal 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 when they are adjourned. Restrictions on reporting 71 1 Except as provided by this section no publication shall include 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 appeal 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 Supreme Court under Part 2 of the 1968 Act. 4 The Supreme Court 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 Supreme Court under Part 2 of the 1968 Act, or b an application to the Supreme Court for leave to appeal to it under Part 2 of that Act. 5 Where there is only one defendant and he objects to the making of an order under subsection (2), (3) or (4)— a the judge, the Court of Appeal or the Supreme Court is to make the order if (and only if) satisfied, after considering the representations 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 report deals with any such objection or representations. 6 Where there are two or more defendants and one or more of them object to the making of an order under subsection (2), (3) or (4)— a the judge, the Court of Appeal or the Supreme Court is to make the order if (and only if) satisfied, after considering the representations 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 report deals with any such objection or representations. 7 Subsection (1) does not apply to the inclusion in a publication 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 appeal 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 only 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 defendant or defendants and witnesses, c the offence or offences, or a summary of them, with which the 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 which they are adjourned, f any arrangements as to bail, g whether, for the purposes of the proceedings, representation was provided to the defendant or any of the defendants under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. 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 restriction 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 public 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 include an indictment or other document prepared for use in particular legal proceedings, “ relevant time ” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred, “ relevant programme ” means a programme included in a programme service. Offences in connection with reporting 72 1 This section applies if a publication includes a report in contravention of section 71. 2 Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence. 3 Where the publication is a relevant programme— a any body corporate or Scottish partnership engaged in providing 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 corporate 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, secretary 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 members, “director” in subsection (6) means a member of that body. 8 Where an offence under this section is committed by a Scottish 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 and shall be liable to be proceeded against and punished accordingly. 9 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 10 Proceedings for an offence under this section may not be instituted— a in England and Wales otherwise than by or with the consent of 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 Prosecutions for Northern Ireland. 11 In subsection (10) “ the relevant date ” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force. Rules of court 73 1 Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part. 2 Without limiting subsection (1), rules of court may in particular make provision— a for time limits which are to apply in connection with any provisions 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 generality of any enactment conferring powers to make rules of court. Interpretation of Part 9 74 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 accordance 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 its intention to appeal under either section 58(4) or 62(5). 4 Where a ruling relates to two or more offences but not all of 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 which is not the subject of the appeal. 5 Where two or more defendants are charged jointly with the same 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 reference 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 Supreme 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 to be exercised by the criminal division of that court, and b references in this Part to the Court of Appeal are to be construed as references to that division. 7 In its application to a trial on indictment in respect of which an order under section 17(2) of the Domestic Violence, Crime and Victims Act 2004 has been made, this Part is to have effect with such modifications as the Secretary of State may by order specify. Part 10 Retrial for serious offences Cases that may be retried Cases that may be retried 75 1 This Part applies where a person has been acquitted of a qualifying offence in proceedings— a on indictment in England and Wales, b on appeal against a conviction, verdict or finding in proceedings 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 of any qualifying offence of which he could have been convicted in the proceedings because of the first-mentioned offence being charged in the indictment, except 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 Procedure (Insanity) Act 1964 (c. 84)), a finding has been made that he did the act or made the omission charged against him. 3 References in subsections (1) and (2) to a qualifying offence do not include references to an offence which, at the time of the acquittal, was 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 law of the place where the proceedings were held, if the commission of the offence as alleged would have amounted to or included the commission (in the United 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 subsection (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 circumstances within subsection (1) or (4). 8 In this Part “ qualifying offence ” means an offence listed in Part 1 of Schedule 5. Application for retrial Application to Court of Appeal 76 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), and b ordering him to be retried for the qualifying offence. 2 A prosecutor may apply to the Court of Appeal, in the case of 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 only if satisfied that— a there is evidence as respects which the requirements of section 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 Article 31 or 34 of the Treaty on European Union (as it had effect before 1 December 2009) or Article 82, 83 or 85 of the Treaty on the Functioning of the 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. Determination by Court of Appeal 77 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 section 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 acquittal is a bar to the person being tried for the offence. 4 Where the Court of Appeal determines that the acquittal is not a bar to the person being tried for the qualifying offence, it must make a declaration to that effect. New and compelling evidence 78 1 The requirements of this section are met if there is new and compelling evidence against the acquitted person in relation to the qualifying 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 earlier proceedings to which the appeal related). 3 Evidence is compelling if— a it is reliable, b it is substantial, and 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 proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related. 5 For the purposes of this section, it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person. Interests of justice 79 1 The requirements of this section are met if in all the circumstances it is in the interests of justice for the court to make the order under section 77. 2 That question is to be determined having regard in particular 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 adduced 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 expedition; d whether, since those proceedings or, if later, since the commencement 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 include 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 other than a prosecutor, subsection (2)(c) applies in relation to that person as well as in relation to a prosecutor. Procedure and evidence 80 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 notice is given, notice of the application must be served by the prosecutor on the 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 87(4), stating that he has been so charged. 3 Subsection (2) applies whether the person to whom the application relates is in the United Kingdom or elsewhere, but the Court of Appeal may, on application by the prosecutor, extend the time for service under that subsection if it considers it necessary to do so because of that person’s absence from the United Kingdom. 4 The Court of Appeal must consider the application at a hearing. 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 or Northern Ireland, and 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 the determination of the application, and b order any witness who would be a compellable witness in proceedings 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 one application (whether or not relating to the same person), but only if the offences concerned could be tried on the same indictment. Appeals 81 1 The Criminal Appeal Act 1968 (c. 19) is amended as follows. 2 In section 33 (right of appeal to Supreme Court ), after subsection (1A) there is inserted— 1B An appeal lies to the Supreme Court , at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice 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), after “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 been convicted of an offence and” substitute “ has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who ” . Restrictions on publication in the interests of justice 82 1 Where it appears to the Court of Appeal that the inclusion of 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 that 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 section 77. 3 The court may make an order under this section only if it appears 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 publication (whether directly or by inclusion of the earlier publication), and b does not otherwise affect the earlier publication. 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 section— a may be made only on the application of the Director of Public Prosecutions, and b may not be made unless, since the acquittal concerned, an investigation of the commission by the acquitted person of the qualifying offence has been commenced by officers. 7 The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section. 8 Any order made under this section before notice of an application 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 after such notice has been given ceases to have effect, unless it specifies an earlier time— a when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on 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 restriction 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 or 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 public 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 include an indictment or other document prepared for use in particular legal proceedings, “ relevant programme ” means a programme included in a programme service. Offences in connection with publication restrictions 83 1 This section applies if— a an order under section 82 is made, whether in England and Wales or Northern Ireland, and b while the order has effect, any matter is included in a publication, in any part of the United Kingdom, in contravention of the order. 2 Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence. 3 Where the publication is a relevant programme— a any body corporate or Scottish partnership engaged in providing 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 corporate 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, secretary 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 members, “director” in subsection (6) means a member of that body. 8 Where an offence under this section is committed by a Scottish 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 and shall be liable to be proceeded against and punished accordingly. 9 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 10 Proceedings for an offence under this section may not be instituted— a in England and Wales otherwise than by or with the consent of 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 Prosecutions for Northern Ireland. 11 In subsection (10) “ the relevant date ” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force. Retrial Retrial 84 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 the Court of Appeal. 2 After the end of 2 months after the date of the order, the person may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal gives leave. 3 The Court of Appeal must not give leave unless satisfied that— a the prosecutor has acted with due expedition, and b there is a good and sufficient cause for trial despite the lapse 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 United 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 one 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, unless— 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), paragraph 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 Authorisation of investigations 85 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 qualifying offence, or b acquitted elsewhere than in the United Kingdom of an offence the commission of which as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of the qualifying 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 Public 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 qualifying 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 the acquitted person— a arrest or question him, b search him or premises owned or occupied by him, c search a vehicle owned by him or anything in or on such a vehicle, 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 consent on a written application, and such an application may be made only by an officer 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 constable 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 would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or b he has reasonable grounds for believing that such new evidence 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 investigation to be, sufficient new evidence to warrant the conduct of the investigation, and b it is in the public interest for the investigation to proceed. 7 In giving his consent, the Director of Public Prosecutions may recommend that the investigation be conducted otherwise than by officers of a specified police force or specified team of customs and excise officers. Urgent investigative steps 86 1 Section 85 does not prevent an officer from taking any action for the purposes of an investigation if— a the action is necessary as a matter of urgency to prevent the 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 authorise the action if— a he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or b he has reasonable grounds for believing that such new evidence 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; b otherwise, be recorded in writing by the officer giving it as 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 action. 6 Where the requirements of subsection (5) are met, the action is nevertheless to be treated as having been unlawful unless, as soon as reasonably practicable after the action is taken, an officer of the rank of superintendent 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 qualifying offence to which the investigation relates, or b the officer who took the action had reasonable grounds for believing that such new evidence was likely to be obtained as a result of the investigation. Application of sections 85 and 86 to investigations by the Police Ombudsman 86A 1 Sections 85 and 86 apply in relation to an investigation by an officer of the Police Ombudsman for Northern Ireland with the following modifications. 2 References in sections 85(2) and (3) and 86(1) to an officer shall be read as references to an officer of the Ombudsman. 3 Section 85(4) has effect as if for the words from “an officer who” to the end there were substituted the Ombudsman. 4 Section 85(5) has effect as if for “An officer” there were substituted The Ombudsman. 4 Section 85(7) does not apply. 6 Section 86(3) has effect as if for “An officer of the rank of superintendent or above” there were substituted A senior officer of the Ombudsman. 7 Section 86(6) has effect as if for “an officer of the rank of superintendent or above” there were substituted a senior officer of the Ombudsman. 8 References to a senior officer of the Ombudsman are to an officer of the rank of senior investigating officer or above. Arrest, custody and bail Arrest and charge 87 1 Where section 85 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section— a a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the commission by that person of that offence, and b that person may not be arrested for that offence except under 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 person, 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 accordance with subsection (1)(a), or b having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence. 4 For the purposes of that Part there is sufficient evidence to 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 involved 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 consider whether consent should be sought for an application in respect of that person under 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 officer at that police station of the rank of superintendent or above any 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 section 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 substituted “ request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 87(4) of the Criminal Justice 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 him” there is substituted “ officer determines that there is not such sufficient evidence ” ; ii the word “custody” is omitted from the second place where it occurs; c in subsection (3)— i the word “custody” is omitted; ii after “may” there is inserted “ direct the custody officer to ” ; d in subsection (7) for the words from “the custody officer” to the end of that subsection there is substituted “ an officer of the rank of superintendent 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 make a determination under subsection (1) above shall make that determination as soon as practicable after the request is made. . 7 Section 40 of that Act has effect as if in subsections (8) and (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) ” . Bail and custody before application 88 1 In relation to a person charged in accordance with section 87(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 subsection (1), for “either on bail or without bail” there were substituted “ on bail ” , b section 47(3) of that Act does not apply and references in section 38 of that Act to bail are references to bail subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, 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 made under section 38(6) of the 1984 Act, he must be brought before the Crown Court as soon as practicable 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 subsection (1) or (2), the following are to be disregarded— za Saturday, a Sunday, b Christmas Day, c Good Friday, and d any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is to appear before the Crown Court as mentioned in subsection (1) or, where subsection (2) applies, is for the time being detained. 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 application is served on him under section 80(2), before the Court of Appeal at the hearing 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 person 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 application under section 76(1) or (2) in relation to the person has been given under section 80(1), the person— a if on bail subject to a duty to appear as mentioned in subsection (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, extend or further extend the period mentioned in subsection (6)(a) until a specified date, but only if satisfied that— a the need for the extension is due to some good and sufficient cause, and b the prosecutor has acted with all due diligence and expedition. Bail and custody before hearing 89 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 soon 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 Court 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 even 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) must 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 1981 (c. 54) does not apply. 7 If a person is brought before the Crown Court under subsection (2) or (6) the court must either— a remand him in custody to be brought before the Court of Appeal at the hearing of the application, or b grant bail for him to appear before the Court of Appeal at the 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 subsection (2) or (6), the following are to be disregarded— za Saturday, a Sunday, b Christmas Day, c Good Friday, and d any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained. Bail and custody during and after hearing 90 1 The Court of Appeal may, at any adjournment of the hearing of an application under section 76(1) or (2)— a remand the person to whom the application relates on bail, or b remand him in custody. 2 At a hearing at which the Court of Appeal— a makes an order under section 77, b makes a declaration under subsection (4) of that section, or c dismisses the application or makes a declaration under subsection (3) of that section, if it also gives the prosecutor leave to appeal against its decision or the prosecutor gives notice that he intends to apply 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 declaration, or pending determination of the appeal. 3 For the purpose of subsection (2), the determination of an appeal is pending— a until any application for leave to appeal is disposed of, or the time 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 in custody, or b vary an order under subsection (2). Revocation of bail 91 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 court in compliance with an order under subsection (1), the court must remand him in 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 without reasonable cause to surrender to custody in accordance with the order. 4 A person arrested under subsection (3) must be brought as soon 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 subsection (4), the following are to be disregarded— za Saturday, a Sunday, b Christmas Day, c Good Friday, d any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained. Part 10: supplementary Functions of the DPP 92 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 provisions of this Part other than section 85(2)(a). 2 In the absence of the Director of Public Prosecutions, his functions 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 specified description, and b may be general or relate to a specified function or specified circumstances. Rules of court 93 1 Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part. 2 Without limiting subsection (1), rules of court may in particular make provision as to procedures to be applied in connection with sections 76 to 82, 84 and 88 to 90. 3 Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make rules of court. Armed Forces: Part 10 94 1 Section 323 of the Armed Forces Act 2006 (provision in consequence of criminal justice enactments) applies in relation to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of section 324 of that Act as it applies in relation to a criminal justice enactment (within the meaning given by that section). 2 The power under section 323 of that Act to make provision equivalent to that made in relation to qualifying offences by an enactment contained in this 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 ” has the same meaning as in the Armed Forces Act 2006. Interpretation of Part 10 95 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 accordance with section 75(7), “ customs and excise officer ” means an officer as defined by section 1(1) of the Customs and Excise Management Act 1979 (c. 2), or a person to whom section 8(2) of that Act applies, “ new evidence ” is to be read in accordance with section 78(2), “officer”, except in section 83, means an officer of a police force or a customs and excise officer, “ police force ” has the meaning given by section 3(3) of the Prosecution 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 Supreme 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 to be exercised by the criminal division of that court, and b references in this Part to the Court of Appeal are to be construed 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 such description as— a appears to the Commissioners of Customs and Excise to comprise officers of equivalent rank or above, and b is specified by the Commissioners for the purposes of the provision concerned. Application of Part 10 to Northern Ireland 96 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) for “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 Mental 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 omission charged 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)” substitute “ 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 “ (including any provision of Northern Ireland legislation) ” . 9 In section 84(1) and (2) for “preferred” substitute “ presented ” . 10 Section 84(6) has effect— a as if any reference to a provision of Part 11 were a reference to any corresponding provision contained in an Order in Council to which section 334(1) applies, at any time when such corresponding provision 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 (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a person 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 magistrates' 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 that 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 of 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)” substitute “ paragraph (8) ” , and iv in paragraph (f), in the inserted paragraph (10A) omit “above”, 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 that 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 were 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 as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint. 2 The custody officer may require a person who is to be released on bail to enter into a recognisance conditioned upon his subsequent appearance before the Crown Court 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 1989 Order, , and b for “section 46 of the 1984 Act” substitute “ Article 47 of the 1989 Order ” . 15 In section 89(6) for “section 81(5) of the Supreme Court Act 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 conditions 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 2002 the reference to that section in subsection (17) is to be read as a reference to Article 4(8) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)). 19 In section 93(2) for “the Criminal Appeal Rules and the Crown 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 provision of Northern Ireland legislation) ” . 21 In section 95(1) for the definition of “police force” substitute— “ 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 and Piers Clauses Act 1847 (c. 27) or section 57 of the Civil Aviation Act 1982 (c. 16), . 22 Omit section 95(2). Application of Criminal Appeal Acts to proceedings under Part 10 97 1 Subject to the provisions of this Part, the Secretary of State may make an order containing provision, in relation to proceedings in England and Wales before the Court of Appeal under this Part, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (c. 19) . . . (subject to any specified modifications). 2 Subject to the provisions of this Part, the Department of Justice in Northern Ireland may make an order containing provision, in relation to proceedings in Northern Ireland before the Court of Appeal under this Part, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal (Northern Ireland) Act 1980 (subject to any specified modifications). Part 11 Evidence Chapter 1 Evidence of bad character Introductory “Bad character” 98 References in this Chapter to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which— a has to do with the alleged facts of the offence with which the defendant is charged, or b is evidence of misconduct in connection with the investigation or prosecution of that offence. Abolition of common law rules 99 1 The common law rules governing the admissibility of evidence of bad 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 admissible for the purposes of proving his bad character. Persons other than defendants Non-defendant’s bad character 100 1 In criminal proceedings evidence of the bad character of a person 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 which— 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 admissible. 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 difficult properly to understand other evidence in the case, and b its value for understanding the case as a whole is substantial. 3 In assessing the probative value of evidence for the purposes 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 which 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 reason of similarity between that misconduct and other alleged misconduct, the nature and extent of the similarities and the dissimilarities 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 the 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 the 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 Defendant’s bad character 101 1 In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if— a all parties to the proceedings agree to the evidence being admissible, 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 defendant and the prosecution, e it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant, f it is evidence to correct a false impression given by the defendant, or g the defendant has made an attack on another person’s character. 2 Sections 102 to 106 contain provision supplementing subsection (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 court 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) the court must have regard, in particular, to the length of time between the matters to which that evidence relates and the matters which form the subject of the offence charged. “Important explanatory evidence” 102 For the purposes of section 101(1)(c) evidence is important explanatory evidence if— a without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and b its value for understanding the case as a whole is substantial. “Matter in issue between the defendant and the prosecution” 103 1 For the purposes of section 101(1)(d) the matters in issue between the defendant and the prosecution include— a the question whether the defendant has a propensity to commit 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 untruthful, except where it is not suggested that the defendant’s case is untruthful 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 convicted 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 defendant if the court is satisfied, by reason of the length of time since the conviction 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 the 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 section by an order made by the Secretary of State. 5 A category prescribed by an order under subsection (4)(b) must consist of offences of the same type. 6 Only prosecution evidence is admissible under section 101(1)(d). 7 Where— a a defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and b the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the trial for the offence with which the defendant is now charged (“the current offence”), subsection (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category. 8 For the purposes of subsection (2)— a the previous offence is of the same description as the current offence if the corresponding offence is of that same description, as set out in subsection (4)(a); b the previous offence is of the same category as the current offence if the current offence and the corresponding offence belong to the same category of offences prescribed as mentioned in subsection (4)(b). 9 For the purposes of subsection (10) “ foreign service offence ” means an offence which— a was the subject of proceedings under the service law of a country outside the United Kingdom, and b would constitute an offence under the law of England and Wales or a service offence (“the corresponding domestic offence”) if it were done in England and Wales by a member of Her Majesty's forces at the time of the trial for the offence with which the defendant is now charged (“the current offence”). 10 Where a defendant has been found guilty of a foreign service offence (“the previous service offence”), for the purposes of subsection (2)— a the previous service offence is an offence of the same description as the current offence if the corresponding domestic offence is of that same description, as set out in subsection (4)(a); b the previous service offence is an offence of the same category as the current offence if the current offence and the corresponding domestic offence belong to the same category of offences prescribed as mentioned in subsection (4)(b). 11 In this section— “ Her Majesty's forces ” has the same meaning as in the Armed Forces Act 2006; “ service law ”, in relation to a country outside the United Kingdom, means the law governing all or any of the naval, military or air forces of that country. “Matter in issue between the defendant and a co-defendant” 104 1 Evidence which is relevant to the question whether the defendant has a propensity to be untruthful is admissible on that basis under section 101(1)(e) only if the nature or conduct of his defence is such as to undermine the co-defendant’s defence. 2 Only evidence— 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 cross-examination by the co-defendant, is admissible under section 101(1)(e). “Evidence to correct a false impression” 105 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 of an assertion if— a the assertion is made by the defendant in the proceedings (whether 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 that 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 defendant adduces evidence of it in the proceedings. 3 A defendant who would otherwise be treated as responsible for 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, the 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 goes no further than is necessary to correct the false impression. 7 Only prosecution evidence is admissible under section 101(1)(f). “Attack on another person’s character” 106 1 For the purposes of section 101(1)(g) a defendant makes an attack 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-examine 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 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 that he might be prosecuted for it. 2 In subsection (1) “ evidence attacking the other person’s character ” means evidence to the effect that the other person— a has committed an offence (whether a different offence from the one with which the defendant is charged or the same one), or b has behaved, or is disposed to behave, in a reprehensible way; and “ imputation about the other person ” means an assertion to that effect. 3 Only prosecution evidence is admissible under section 101(1)(g). Stopping the case where evidence contaminated 107 1 If on a defendant’s trial before a judge and jury for an offence— 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 case 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 of the offence or, if it considers that there ought to be a retrial, discharge the jury. 2 Where— a a jury is directed under subsection (1) to acquit a defendant 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 Criminal Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged, b evidence of the person’s bad character has been admitted under any of paragraphs (c) to (g) of section 101(1), and c the court is satisfied at any time after the close of the case 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, the court must either direct the jury to acquit the defendant of 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 contaminated where— a as a result of an agreement or understanding between the person 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 proceedings, the evidence is false or misleading in any respect, or is different from what it would otherwise have been. Offences committed by defendant when a child 108 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 been 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. 2A Subsection (2B) applies where— a the defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and b the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the proceedings for the offence with which the defendant is now charged. 2B For the purposes of subsection (2), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable. 3 Subsection (2) applies in addition to section 101. General Assumption of truth in assessment of relevance or probative value 109 1 Subject to subsection (2), a reference in this Chapter to the 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 evidence is true if it appears, on the basis of any material before the court (including any evidence it decides to hear on the matter), that no court or jury could reasonably find it to be true. Court’s duty to give reasons for rulings 110 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 person’s bad character; b a ruling on whether an item of such evidence is admissible under section 100 or 101 (including a ruling on an application under section 101(3)); c a ruling under section 107. Rules of court 111 1 Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Act; and the appropriate authority is the authority entitled to make the rules. 2 The rules may, and, where the party in question is the prosecution, 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, in 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 costs, the court may take into account any failure by a party to comply with a requirement 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 prescribed circumstances; b subject any provision of the rules to prescribed exceptions; c make different provision for different cases or circumstances. 6 Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it. 7 In this section “ prescribed ” means prescribed by rules of court. Interpretation of Chapter 1 112 1 In this Chapter— “ bad character ” is to be read in accordance with section 98; “ criminal proceedings ” means criminal proceedings in relation to which the strict rules of evidence apply; “ defendant ”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; and “ co-defendant ”, in relation to a defendant, means a person charged with an offence in the same 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 reprehensible behaviour; “ offence ” includes a service offence; “probative value”, and “relevant” (in relation to an item of evidence), are to be read in accordance with section 109; “ prosecution evidence ” means evidence which is to be (or has been) 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 ” has the same meaning as in the Armed Forces Act 2006; “ 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 the same criminal proceedings, this Chapter (except section 101(3)) has effect as if each offence were charged in separate proceedings; and references to the offence 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 1865 (c. 18) against a party impeaching the credit of his own witness by general 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 person’s bad character. Armed forces 113 Schedule 6 (armed forces) has effect. Chapter 2 Hearsay evidence Hearsay: main provisions Admissibility of hearsay evidence 114 1 In criminal proceedings a statement not made in oral evidence 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 provision 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, or d the court is satisfied that it is in the interests of justice for it to be admissible. 2 In deciding whether a statement not made in oral evidence should be admitted under subsection (1)(d), the court must have regard to the following factors (and to any others it considers relevant)— a how much probative value the statement has (assuming it to be true) in relation to a matter in issue in the proceedings, or how valuable it is for the understanding of other evidence in the case; b what other evidence has been, or can be, given on the matter or 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 appears 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 statement; i the extent to which that difficulty would be likely to prejudice 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. Statements and matters stated 115 1 In this Chapter references to a statement or to a matter stated 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 sketch, 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 appears 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 the basis that the matter is as stated. Principal categories of admissibility Cases where a witness is unavailable 116 1 In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if— a oral evidence given in the proceedings by the person who made the statement would be admissible as evidence of that matter, b the person who made the statement (the relevant person) is identified to the court’s satisfaction, and c any of the five conditions mentioned in subsection (2) is satisfied. 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 it 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 all or in connection with the subject matter of the statement, and the court 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, having regard— a to the statement’s contents, b to any risk that its admission or exclusion will result in unfairness to any party to the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence), c in appropriate cases, to the fact that a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (special measures for the giving of evidence by fearful witnesses etc) could be made 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 circumstances 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). Business and other documents 117 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 as 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 created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office, b the person who supplied the information contained in the statement (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 supplied from the relevant person to the person mentioned in paragraph (a) received 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 subsection (2) may be the same person. 4 The additional requirements of subsection (5) must be satisfied if the statement— a was prepared for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, but b was not obtained pursuant to— i a request under section 7 of the Crime (International Co-operation) Act 2003, ii an order under paragraph 6 of Schedule 13 to the Criminal Justice Act 1988, ... iii ..., or iv an overseas production order under the Crime (Overseas Production Orders) Act 2019, (all of 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 satisfied (absence of relevant person etc), or b the relevant person cannot reasonably be expected to have any recollection of the matters dealt with in the statement (having regard to the length of time since he supplied the information and all other circumstances). 6 A statement is not admissible under this section if the court makes a direction to that effect under subsection (7). 7 The court may make a direction under this subsection if satisfied that the statement’s reliability as evidence for the purpose for which it 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 information was supplied or received, or d the way in which or the circumstances in which the document concerned was created or received. Preservation of certain common law categories of admissibility 118 1 The following rules of law are preserved. Public information etc 1 Any 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) are admissible as evidence of facts of a public nature stated in them, b public documents (such as public registers, and returns made under public authority with respect to matters of public interest) are admissible as evidence of facts stated in them, c records (such as the records of certain courts, treaties, Crown grants, pardons and commissions) are admissible as evidence of facts stated in them, or d evidence relating to a person’s age or date or place of birth may be given by a person without personal knowledge of the matter. Reputation as to character 2 Any rule of law under which in criminal proceedings evidence of a person’s reputation is admissible for the purpose of proving his good or bad character. Note The rule is preserved only so far as it allows the court to treat such evidence as proving the matter concerned. Reputation or family tradition 3 Any rule of law under which in criminal proceedings evidence of reputation or family tradition is admissible for the purpose of proving 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 treat such evidence as proving or disproving the matter concerned. Res gestae 4 Any rule of law under which in criminal proceedings a statement 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 or distortion can be disregarded, b the statement accompanied an act which can be properly evaluated as evidence only if considered in conjunction with the statement, or c the statement relates to a physical sensation or a mental state (such as intention or emotion). Confessions etc 5 Any rule of law relating to the admissibility of confessions or 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, or b a statement made by a person to whom a defendant refers a person for information is admissible against the defendant as evidence of any matter stated. Common enterprise 7 Any rule of law under which in criminal proceedings a statement made by a party to a common enterprise is admissible against another party to the enterprise as evidence of any matter stated. 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, the common law rules governing the admissibility of hearsay evidence in criminal proceedings are abolished. Inconsistent statements 119 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 virtue 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 statement by any person is given under section 124(2)(c), the statement is admissible as evidence of any matter stated in it of which oral evidence by that person would be admissible. Other previous statements of witnesses 120 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 evidence to rebut a suggestion that his oral evidence has been fabricated, that statement is admissible as evidence of any matter stated of which oral evidence 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 evidence, b on which he is cross-examined, and c which as a consequence is received in evidence in the proceedings, is admissible as evidence of any matter stated of which oral evidence by him would be admissible. 4 A previous statement by the witness is admissible as evidence 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 states the truth. 5 The first condition is that the statement identifies or describes a person, object or place. 6 The second condition is that the statement was made by the witness when the matters stated were fresh in his memory but he does not remember 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 has been committed, b the offence is one to which the proceedings relate, c the statement consists of a complaint made by the witness (whether to a person in authority or not) about conduct which would, if proved, constitute the offence or part of the offence, d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e the complaint was not made as a result of a threat or a promise, and f before the statement is adduced the witness gives oral evidence in connection with its subject matter. 8 For the purposes of subsection (7) the fact that the complaint was elicited (for example, by a leading question) is irrelevant unless a threat or a promise was involved. Supplementary Additional requirement for admissibility of multiple hearsay 121 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, 119 or 120, b all parties to the proceedings so agree, or c the court is satisfied that the value of the evidence in question, taking into account how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible for that purpose. 2 In this section “ hearsay statement ” means a statement, not made in oral evidence, that is relied on as evidence of a matter stated in it. Documents produced as exhibits 122 1 This section applies if on a trial before a judge and jury for 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 accompany the jury. Capability to make statement 123 1 Nothing in section 116, 119 or 120 makes a statement admissible as evidence if it was made by a person who did not have the required capability at the time when he made the statement. 2 Nothing in section 117 makes a statement admissible as evidence if any person who, in order for the requirements of section 117(2) to be satisfied, must at any time have supplied or received the information concerned or created 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 have had the required capability at that time. 3 For the purposes of this section a person has the required capability 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 whether a person had the required capability when he made a statement— a proceedings held for the determination of the issue must take place in the absence of the jury (if there is one); b in determining the issue the court may receive expert evidence and evidence from any person to whom the statement in question was made; c the burden of proof on the issue lies on the party seeking to adduce the statement, and the standard of proof is the balance of probabilities. Credibility 124 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 connection with the subject matter of the statement. 2 In such a case— a any evidence which (if he had given such evidence) would have been admissible as relevant to his credibility as a witness is so admissible in the proceedings; b evidence may with the court’s leave be given of any matter which (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 party; c evidence tending to prove that he made (at whatever time) any other statement inconsistent with the statement admitted as evidence is admissible for the purpose of showing that he contradicted himself. 3 If as a result of evidence admitted under this section an allegation 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 specify for the purposes of denying or answering the allegation. 4 In the case of a statement in a document which is admitted as evidence under section 117 each person who, in order for the statement to be admissible, 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. Stopping the case where evidence is unconvincing 125 1 If on a defendant’s trial before a judge and jury for an offence the court is satisfied at any time after the close of the case for the prosecution 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 that, considering its importance 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 of the offence or, if it considers that there ought to be a retrial, discharge the jury. 2 Where— a a jury is directed under subsection (1) to acquit a defendant 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 Criminal Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged, 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 that, considering its importance to the case against the person, a finding that he did the act or made the omission would be unsafe, the court must either direct the jury to acquit the defendant of 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. Court’s general discretion to exclude evidence 126 1 In criminal proceedings the court may refuse to admit a statement as evidence of a matter stated if— a the statement was made otherwise than in oral evidence in the proceedings, and b the court is satisfied that the case for excluding the statement, taking account of the danger that to admit it would result in undue waste of 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 evidence), or b any other power of a court to exclude evidence at its discretion (whether by preventing questions from being put or otherwise). Miscellaneous Expert evidence: preparatory work. 127 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 person (the expert) will in evidence given in the proceedings orally or under section 9 of the Criminal Justice Act 1967 (c. 80) base an opinion or inference on the statement, and d the notice gives the name of the person who prepared the statement 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 whether 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 which could not be given by the expert; c whether that person can reasonably be expected to remember the 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 for the purposes of criminal proceedings, and in such a case references to the proceedings are to criminal proceedings arising from the investigation. 7 The appropriate rules are Criminal Procedure Rules made by virtue of — a . . . section 81 of the Police and Criminal Evidence Act 1984 (advance notice of expert evidence in Crown Court), or b . . . section 20(3) of the Criminal Procedure and Investigations Act 1996 (c. 25) (advance notice of expert evidence in magistrates' courts). Confessions 128 1 In the Police and Criminal Evidence Act 1984 (c. 60) the following section is inserted after section 76— Confessions may be given in evidence for co-accused 76A 1 In any proceedings a confession made by an accused person may be given in evidence for another person charged in the same proceedings (a co-accused) in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section. 2 If, in any proceedings where a co-accused proposes to give in evidence a confession made by an accused person, it is represented to the 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 any confession which might be made by him in consequence thereof, the court shall not allow the confession to be given in evidence 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 as mentioned in subsection (2) above to be proved in the proceedings on the balance of probabilities. 4 The fact that a confession is wholly or partly excluded in pursuance 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 so much of the confession as is necessary to show that he does so. 5 Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible 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 excluded part of the confession. 7 In this section “ oppression ” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture). 2 Subject to subsection (1), nothing in this Chapter makes a confession by a defendant admissible if it would not be admissible under section 76 of the Police and Criminal Evidence Act 1984 (c. 60). 3 In subsection (2) “ confession ” has the meaning given by section 82 of that Act. Representations other than by a person 129 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 or 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 presumption that a mechanical device has been properly set or calibrated. Depositions 130 In Schedule 3 to the Crime and Disorder Act 1998 (c. 37), sub-paragraph (4) of paragraph 5 is omitted (power of the court to overrule an objection to a deposition being read as evidence by virtue of that paragraph). Evidence at retrial 131 For paragraphs 1 and 1A of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (oral evidence and use of transcripts etc at retrials under that 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 is unavailable); or c the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under 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 read as evidence at the original trial. General Rules of court 132 1 Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Chapter; and the appropriate authority is the authority entitled to make the rules. 2 The rules may make provision about the procedure to be followed and other conditions to be fulfilled by a party proposing to tender a statement in evidence under any provision of this Chapter. 3 The rules may require a party proposing to tender the evidence 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 under subsection (3), and b no counter-notice in the prescribed form objecting to the admission 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 inferences from the failure as appear proper; c the failure may be taken into account by the court in considering 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 justification for the failure to comply with the requirement. 7 A person shall not be convicted of an offence solely on an inference drawn under subsection (5)(b). 8 Rules under this section may— a limit the application of any provision of the rules to prescribed circumstances; b subject any provision of the rules to prescribed exceptions; c make different provision for different cases or circumstances. 9 Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it. 10 In this section “ prescribed ” means prescribed by rules of court Proof of statements in documents 133 Where a statement in a document is admissible as evidence in criminal 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, authenticated in whatever way the court may approve. Interpretation of Chapter 2 134 1 In this Chapter— “ copy ”, in relation to a document, means anything on to which information recorded in the document has been copied, by whatever means and whether directly or indirectly; “ criminal proceedings ” means criminal proceedings in relation to which the strict rules of evidence apply; “ defendant ”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; “ document ” means anything in which information of any description is recorded; “ oral evidence ” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device; “ statutory provision ” means any provision contained in, or in an instrument made under, this or any other Act, including any Act passed after this Act. 2 Section 115 (statements and matters stated) contains other general interpretative provisions. 3 Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter has effect as if each offence were charged in separate proceedings. Armed forces 135 Schedule 7 (hearsay evidence: armed forces) has effect. Repeals etc 136 In the Criminal Justice Act 1988 (c. 33), the following provisions (which are to some extent superseded by provisions of this Chapter) are repealed— a Part 2 and Schedule 2 (which relate to documentary evidence); b in Schedule 13, paragraphs 2 to 5 (which relate to documentary evidence in service courts etc). Chapter 3 Miscellaneous and supplemental Evidence by video recording 137 1 This section applies where— a a person is called as a witness in proceedings for an offence 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, or 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 been rescinded, and g the recording is played in the proceedings in accordance with 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 the defendant; b may be made only if it appears to the court that— i the witness’s recollection of the events in question is likely to have been significantly better when he gave the recorded account than it will be when he gives oral evidence in the proceedings, and ii it is in the interests of justice for the recording to be admitted, having regard in particular to the matters mentioned in subsection (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 specified in an order made by the Secretary of State. Video evidence: further provisions 138 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The reference in subsection (1)(f) of section 137 to the admission 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 witness’s recorded account shall, where appropriate, be read accordingly. 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, or substantially 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 arrangements can be made, in the area in which it appears to the court that the proceedings 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 video recording which would be admissible apart from that section. Use of documents to refresh memory 139 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 it 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 significantly 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 recording was made, and he states in that evidence that the account represented his recollection of the matter at that time, b his recollection of the matter is likely to have been significantly better at the time of the previous account than it is at the time of his 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, refresh his memory of the matter from that transcript. Interpretation of Chapter 3 140 In this Chapter— “ criminal proceedings ” means criminal proceedings in relation to which the strict rules of evidence apply; “ defendant ”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; “ document ” means anything in which information of any description is recorded, but not including any recording of sounds or moving images; “ oral evidence ” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device; “ video recording ” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track. Saving 141 No provision of this Part has effect in relation to criminal proceedings begun before the commencement of that provision. Part 12 Sentencing Chapter 1 General provisions about sentencing Matters to be taken into account in sentencing Purposes of sentencing 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purposes etc. of sentencing: offenders under 18 142A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determining the seriousness of an offence 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reduction in sentences for guilty pleas 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Increase in sentences for racial or religious aggravation 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Increase in sentences for aggravation related to disability, sexual orientation or transgender identity 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General restrictions on community sentences Meaning of “community sentence” etc. 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on imposing community sentences 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Passing of community sentence on offender remanded in custody 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Community sentence not available where sentence fixed by law etc. 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Community order available only for offences punishable with imprisonment or for persistent offenders previously fined 150A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Community order or youth rehabilitation order for persistent offender previously fined 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General restrictions on discretionary custodial sentences General restrictions on imposing discretionary custodial sentences 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Length of discretionary custodial sentences: general provision 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General limit on magistrates' court’s power to impose imprisonment General limit on magistrates' court’s power to impose imprisonment 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consecutive terms of imprisonment 155 1 Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows. 2 In subsection (1), for “the words from “the longest” to “being imposed” there is substituted “ 65 weeks ” . 3 Subsection (2) is omitted. 4 In subsection (3) for “the preceding subsections” there is substituted “ subsection (1) above ” . Procedural requirements for imposing community sentences and discretionary custodial sentences Pre-sentence reports and other requirements 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional requirements in case of mentally disordered offender 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “pre-sentence report” 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of pre-sentence reports etc Disclosure of pre-sentence reports 159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other reports of local probation boards , providers of probation services and members of youth offending teams 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pre-sentence drug testing Pre-sentence drug testing 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surcharges Court’s duty to order payment of surcharge 161A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of surcharge 161B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fines Powers to order statement as to offender’s financial circumstances 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General power of Crown Court to fine offender convicted on indictment 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fixing of fines 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remission of fines 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Savings for power to mitigate etc Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders 166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sentencing and allocation guidelines The Sentencing Guidelines Council 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sentencing Guidelines Council: supplementary provisions 168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Sentencing Advisory Panel 169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidelines relating to sentencing and allocation 170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of Sentencing Advisory Panel in relation to guidelines 171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of court to have regard to sentencing guidelines 172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report by Council 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of court to explain sentence Duty to give reasons for and to explain effect of sentence 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publication of information by Secretary of State Duty to publish information about sentencing 175 In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial and other purposes) in subsection (1) before the “or” at the end 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 Interpretation of Chapter 1 176 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 2 Community orders: offenders aged 16 or over Community orders 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to provide for court review of community orders 178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Breach, revocation or amendment of community order 179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of community orders to Scotland or Northern Ireland 180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 3 Suspended sentence orders Prison sentences of less than 12 months Prison sentences of less than 12 months 181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licence conditions 182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intermittent custody Intermittent custody 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on power to make intermittent custody order 184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intermittent custody: licence conditions 185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further provisions relating to intermittent custody 186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further provision about custody plus orders and intermittent custody orders Revocation or amendment of order 187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland 188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspended sentences Suspended sentences of imprisonment 189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imposition of requirements by suspended sentence order 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to provide for review of suspended sentence order 191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Periodic reviews of suspended sentence order 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Breach, revocation or amendment of suspended sentence order, and effect of further conviction 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of suspended sentence orders to Scotland or Northern Ireland 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Chapter Interpretation of Chapter 3 195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 4 Further provisions about orders under Chapters 2 and 3 Introductory Meaning of “relevant order” etc 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “the responsible officer” 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of responsible officer 198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements available in case of all offenders Unpaid work requirement 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of person subject to unpaid work requirement 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rehabilitation activity requirement 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Activity requirement 201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Programme requirement 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibited activity requirement 203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Curfew requirement 204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion requirement 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residence requirement 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Foreign travel prohibition requirement 206A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mental health treatment requirement 207 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mental health treatment at place other than that specified in order 208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drug rehabilitation requirement 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drug rehabilitation requirement: provision for review by court 210 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Periodic review of drug rehabilitation requirement 211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alcohol treatment requirement 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alcohol abstinence and monitoring requirement 212A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supervision requirement 213 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements available only in case of offenders aged under 25 Attendance centre requirement 214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electronic monitoring Electronic monitoring requirement 215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Data from electronic monitoring: code of practice 215A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions applying to relevant orders generally Local justice area to be specified in relevant order 216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to avoid conflict with religious beliefs, etc 217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Availability of arrangements in local area 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of copies of relevant orders 219 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of offender to keep in touch with responsible officer 220 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to obtain permission before changing residence 220A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of Secretary of State Provision of attendance centres 221 1 The Secretary of State may continue to provide attendance centres. 2 In this Part “ attendance centre ” means a place at which offenders ... may be required to attend and be given under supervision appropriate occupation or instruction in pursuance of— a attendance centre requirements of relevant orders, or aa attendance centre requirements of youth rehabilitation orders, within the meaning given by section 173 of the Sentencing Code , b attendance centre orders under section 60 of the PCC(S)A 2000 , c default orders under section 300 of this Act, or d youth default orders under section 39 of the Criminal Justice and Immigration Act 2008. 3 For the purpose of providing attendance centres, the Secretary of State may make arrangements with any local authority or local policing body for the use of premises of that authority or body . 4 In this section “relevant order” means— a an order under section 177(1) (community order) or 189(1) (suspended sentence order); b a relevant order within the meaning given by section 397 of the Sentencing Code, made in respect of an offence of which the offender was convicted before the day on which paragraph 5 of Schedule 13 to the Police, Crime, Sentencing and Courts Act 2022 came into force. Rules 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to amend limits 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5 Dangerous offenders Interpretation Meaning of “specified offence” etc. 224 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Life sentences Life sentence for second listed offence 224A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Life sentence ... for serious offences 225 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Detention for life ... for serious offences committed by those under 18 226 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extended sentences Extended sentence for certain violent, sexual or terrorism offences: persons 18 or over 226A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extended sentence for certain violent, sexual or terrorism offences: persons under 18 226B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extended sentence for certain violent or sexual offences: persons 18 or over 227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extended sentence for certain violent or sexual offences: persons under 18 228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The assessment of dangerousness 229 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Imprisonment or detention for public protection: release on licence 230 Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) shall have effect. Supplementary Appeals where previous convictions set aside 231 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificates of convictions for purposes of sections 225 and 227 232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificates of conviction 232A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences under service law 233 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determination of day when offence committed 234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Detention under sections 226, 226B and 228 235 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conversion of sentences of detention into sentences of imprisonment 236 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 5A Other offenders of particular concern Special custodial sentence for certain offenders of particular concern 236A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 6 Release, licences , supervision and recall Preliminary Meaning of “fixed-term prisoner” etc 237 1 In this Chapter “ fixed-term prisoner ” means— a a person serving a sentence of imprisonment for a determinate term, or b a person serving a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 226A, 226B, 227 , 228 or 236A of this Act or under section 250 , 252A , 254, 262, 265, 266 or 268A of the Sentencing Code . and “ fixed-term sentence ” means a sentence falling within paragraph (a) or (b). 1B In this Chapter— a references to a sentence of imprisonment include such a sentence passed by a service court; aa references to a sentence of detention under section 262 of the Sentencing Code include a sentence of detention in a young offender institution under section 210B of the Armed Forces Act 2006; b references to a sentence of detention under section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code include a sentence of detention under section 209 of the Armed Forces Act 2006; ba references to a sentence under section 226A of this Act or section 266 or 279 of the Sentencing Code include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006; bb references to a sentence under section 226B of this Act or section 254 of the Sentencing Code include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006; c references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006 or section 240A ; ... d references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act , and e references to a sentence under section 236A of this Act or section 265 or 278 of the Sentencing Code include a sentence under that section passed as a result of section 224A of that Act. 1C Nothing in subsection (1B) has the effect that section 240ZA or 265 of this Act or section 225 of the Sentencing Code (provision equivalent to which is made by the Armed Forces Act 2006) or section 240A applies to a service court. 2 In this Chapter, unless the context otherwise requires, “ prisoner ” includes a person serving a sentence falling within subsection (1)(b); and “ prison ” includes any place where a person serving such a sentence is liable to be detained. 3 In this Chapter, references to a sentence of detention under section 96 of the PCC(S)A 2000, under section 226A , 227 or 236A of this Act or under section 262, 265 , 266 or 268A of the Sentencing Code are references to a sentence of detention in a young offender institution. Public protection decisions 237A 1 This section applies for the purposes of any public protection decision made by a decision-maker about a prisoner under a relevant provision of this Chapter. 2 A “ public protection decision ”, in relation to a prisoner, is a decision as to whether the decision-maker is satisfied that it is not necessary, or no longer necessary, for the protection of the public that the prisoner should be confined. 3 The decision-maker must not be so satisfied unless the decision-maker considers that there is no more than a minimal risk that, were the prisoner no longer confined, the prisoner would commit a further offence the commission of which would cause serious harm. 4 In making that assessment, the decision-maker must consider the risk that the prisoner would engage in conduct which would (or, if carried out in any particular part of the United Kingdom, would) constitute an offence specified in Schedule 18B. 5 When making a public protection decision about a prisoner, the following matters must be taken into account by the decision-maker— a the nature and seriousness of the offence in respect of which the relevant sentence was imposed; b the nature and seriousness of any other offence for which the prisoner has at any time been convicted; c the conduct of the prisoner while serving the relevant sentence (whether in prison or on licence); d the risk that the prisoner would commit a further offence (whether or not specified in Schedule 18B) if no longer confined; e the risk that, if released on licence, the prisoner would fail to comply with one or more licence conditions; f any evidence of the effectiveness in reducing the risk the prisoner poses to the public of any treatment, education or training the prisoner has received or participated in while serving the relevant sentence; g any submissions made by or on behalf of the prisoner or the Secretary of State (whether or not on a matter mentioned in paragraphs (a) to (f) ). 6 When making a public protection decision about a prisoner, the decision-maker must in particular have regard to the protection of any victim of the prisoner. 7 For the purposes of subsection (6) , a “victim” of a prisoner is a person who meets the definition of victim in section 1 of the Victims and Prisoners Act 2024 by reference to the conduct which constituted the offence for which the relevant sentence was imposed. 8 In subsections (5) and (7) , “ relevant sentence ” means the sentence in respect of which the public protection decision is made. 9 This section does not limit the matters which the decision-maker must or may take into account when making a public protection decision. 10 Section 237B lists the “relevant provisions” of this Chapter under which a public protection decision may be made, and the purposes for which the decision is made. 11 The “ decision-maker ”, in relation to a public protection decision made under a relevant provision of this Chapter, is— a if the decision is made under section 256AZBC (1) , the High Court; b in any other case, the Board. 12 Subsection (2) has effect in relation to a decision made by the Board— a under section 255B(4A) (automatic release) as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)” ; b under section 255C(4A) (prisoners not suitable for automatic release) or 256A(4) (further review) as if for the words “be confined” there were substituted “remain in prison” . 13 The Secretary of State may by order amend Schedule 18B so as to— a specify a further offence, or b omit an offence for the time being specified. Relevant provisions of this Chapter and corresponding purposes 237B In the following table— a the first column lists each provision of this Chapter which is a “relevant provision” under which a public protection decision may be made; b the second column lists, in relation to each relevant provision, the purposes for which the decision is made. Relevant provision Purposes section 244ZC(4) section 244ZC(3) section 244ZC(5)(b) section 244ZC(3) section 244A(4)(b) section 244A(3) section 246A(6)(b) section 246A(5) section 247A(5)(b) section 247A(4) section 255B(4A) section 255B(4A) section 255C(4A) section 255C(4A) section 256A(4) section 256A(4) section 256AZBC (1) section 256AZBC (1) paragraph 6(2) of Schedule 20B paragraph 6(1) of Schedule 20B paragraph 15(4) of Schedule 20B paragraph 15(3) of Schedule 20B paragraph 25(3) of Schedule 20B paragraph 25(2) of Schedule 20B paragraph 28(3) of Schedule 20B paragraph 28(2) of Schedule 20B Power of court to recommend licence conditions Power of court to recommend licence conditions for certain prisoners 238 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Parole Board 239 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 respect of fixed-term prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) 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 release or recall of prisoners. 3 The Board must, in dealing with cases as respects which it makes 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 directions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all such evidence as may be adduced before it. 5 Without prejudice to subsections (3) and (4), the Secretary of State may make rules with respect to the proceedings of the Board, including proceedings authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times. 5A Rules under subsection (5) may, in particular, make provision— a requiring or permitting the Board to make provisional decisions; b about the circumstances— i in which the Board must or may reconsider such decisions; ii in which such decisions become final; c conferring power on the Board to set aside a decision or direction that is within subsection (5B), and any such provision may relate to cases referred to the Board under this Chapter or under Chapter 2 of Part 2 of the 1997 Act. 5B The following are within this subsection— a a direction given by the Board for, or a decision made by it not to direct, the release of a prisoner which the Board determines it would not have given or made but for an error of law or fact, or b a direction given by the Board for the release of a prisoner which the Board determines it would not have given if— i information that was not available to the Board when the direction was given had been so available, or ii a change in circumstances relating to the prisoner that occurred after the direction was given had occurred before it was given. 5C Provision made by virtue of subsection (5A)(c) — a may not confer power on the Board to set aside a direction for the release of a prisoner at any time when the prisoner has already been released pursuant to that direction, but b may make provision for the suspension of any requirement under this Chapter or under Chapter 2 of Part 2 of the 1997 Act for the Secretary of State to give effect to a direction of the Board to release a prisoner, pending consideration by the Board as to whether to set it aside. 5D Rules under subsection (5) may also make provision for functions of the Board (including judicial functions) to be exercised by employees of the Board, other than any function so far as its exercise involves— a making a public protection decision in relation to a prisoner within the meaning of section 237A(2) of this Act or section 28ZA(2) of the 1997 Act; b giving a direction for the release of a prisoner on licence under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; c making a decision or giving a direction under subsection (4) or (4F) of section 31A of the 1997 Act (imprisonment or detention for public protection: termination of licences); d reconsidering a decision or setting aside a decision or direction under provision made by virtue of subsection (5A). 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 such directions the Secretary of State must have regard to— a the need to protect the public from serious harm from offenders, and b the desirability of preventing the commission by them of further offences and of securing their rehabilitation. 7 Schedule 19 shall have effect with respect to the Board. Effect of remand in custody or on bail subject to certain types of condition Crediting of periods of remand in custody: terms of imprisonment and detention 240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time remanded in custody to count as time served: terms of imprisonment or detention and detention and training orders 240ZA 1 This section applies where— a an offender is serving a term of imprisonment in respect of an offence, and b the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence. 1A This section also applies where— a a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and b the offender concerned has been remanded in custody in connection with the offence or a related offence. 1B In this section any reference to a “sentence”, in relation to an offender, is to— a a term of imprisonment being served by the offender as mentioned in subsection (1)(a), or b a detention and training order made in respect of the offender as mentioned in subsection (1A)(a). 2 It is immaterial for the purposes of subsection (1)(b) or (1A)(b) whether, for all or part of the period during which the offender was remanded in custody, the offender was also remanded in custody in connection with other offences (but see subsection (5)). 3 The number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by the offender as part of the sentence. But this is subject to subsections (4) to (6). 4 If, on any day on which the offender was remanded in custody, the offender was also detained in connection with any other matter, that day is not to count as time served. 5 A day counts as time served— a in relation to only one sentence, and b only once in relation to that sentence. 6 A day is not to count as time served as part of any automatic release period served by the offender (see section 255B(1)). 6A Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence. 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 13(1)(a) or (b) of Schedule 16 to the Sentencing Code , and b is to be treated as being imposed by the order under which it takes effect. 8 In this section “ related offence ” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A. 8A Subsection (9) applies in relation to an offender who is sentenced to two or more consecutive sentences or sentences which are wholly or partly concurrent if— a the sentences were imposed on the same occasion, or b where they were imposed on different occasions, the offender has not been released during the period beginning with the first and ending with the last of those occasions. 9 For the purposes of subsections (3) and (5), the sentences are to be treated as a single sentence. 10 The reference in subsection (4) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes— a detention pursuant to any custodial sentence; b committal in default of payment of any sum of money; c committal for want of sufficient distress to satisfy any sum of money; d committal for failure to do or abstain from doing anything required to be done or left undone. 11 This section applies to a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act as it applies to an equivalent sentence of imprisonment. Time remanded on bail to count towards time served : terms of imprisonment or detention and detention and training orders 240A 1 Subsection (2) applies where— a a court sentences an offender to imprisonment for a term in respect of an offence of which the offender was convicted before 1 December 2020 ... , b the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and c the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”). 2 Subject to subsections (3A) and (3B) , the court must direct that the credit period is to count as time served by the offender as part of the sentence. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3ZA Subsection (3ZB) applies where— a an offender is serving a term of imprisonment in respect of an offence, and b the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence. 3ZAA Subsection (3ZB) also applies where— a a court, on or after the day on which Schedule 16 to the Police, Crime, Sentencing and Courts Act 2022 came into force, makes a detention and training order in respect of an offender for an offence, and b the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the order. 3ZAB In this section any reference to a “sentence”, in relation to an offender, is to— a a term of imprisonment being served by the offender as mentioned in subsection (3ZA)(a), or b a detention and training order made in respect of the offender as mentioned in subsection (3ZAA)(a). 3ZB Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence. 3A A day of the credit period counts as time served— a in relation to only one sentence, and b only once in relation to that sentence. 3B A day of the credit period is not to count as time served as part of any automatic release period served by the offender (see section 255B(1)). 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Subsections (7) to (9) and (11) of section 240ZA apply for the purposes of this section as they apply for the purposes of that section but as if— a in subsection (7)— i the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the PCC(S)A 2000 relates; ii in paragraph (a) after “Schedule 12” there were inserted or section 119(1)(a) or (b) of the PCC(S)A 2000 ; and b in subsection (9) the references to subsections (3) and (5) of section 240ZA are to be read as a reference to subsections (2) and (3ZB) of this section and, in paragraph (b), after “Chapter” there were inserted or Part 2 of the Criminal Justice Act 1991. 12 In this section— “ curfew requirement ” means a requirement (however described) to remain at one or more specified places for a specified number of hours in any given day, provided that the requirement is imposed by a court or the Secretary of State and arises as a result of a conviction; “ electronic monitoring condition ” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition; “ qualifying curfew condition ” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of section 240ZA or direction under section 240A or under section 325 of the Sentencing Code on release on licence 241 1 In determining for the purposes of this Chapter ... whether a person to whom section 240ZA applies or a direction under section 240A or under section 325 of the Sentencing Code relates — a has served, or would (but for his release) have served, a particular proportion of his sentence, or b has served a particular period, the number of days specified in section 240ZA or in the direction under section 240A or under section 325 of the Sentencing Code are to be treated as having been served by him as part of that sentence or period. 1A In subsection (1) the reference to section 240ZA includes section 246 of the Armed Forces Act 2006. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of sections 240ZA , 240A and 241 242 1 For the purposes of sections 240ZA , 240A and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted— “ 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, ; and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly. 2 References in sections 240ZA and 241 to an offender’s being remanded in custody are references to his being— a remanded in or committed to custody by order of a court, b remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 , 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 sections 240ZA and 240A, “detention and training order” has the meaning given by section 233 of the Sentencing Code. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons extradited to the United Kingdom 243 1 A fixed-term prisoner is an extradited prisoner for the purposes of this section if— a he was tried for the offence in respect of which his sentence was imposed or he received that sentence — 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 extradition to the United Kingdom as mentioned in paragraph (a) , and c the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A Section 240ZA applies to days specified under section 327(3) of the Sentencing Code as if they were days for which the prisoner was remanded in custody in connection with the offence or a related offence. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unconditional release Duty to release certain prisoners serving less than 12 months 243A 1 This section applies to a fixed-term prisoner if— a the prisoner is serving a sentence which is for a term of 1 day, or b the prisoner— i is serving a sentence which is for a term of less than 12 months, and ii is aged under 18 on the last day of the requisite custodial period. 1A This section also applies to a fixed-term prisoner if— a the prisoner is serving a sentence which is for a term of less than 12 months, and b the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force. 1B But this section does not apply to a prisoner to whom section 247A applies. 2 As soon as a prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release that person unconditionally. 2A Subsection (2) does not apply if— a the prisoner’s case has been referred to the Board under section 244ZB , or b a notice given to the prisoner under subsection (4) of that section is in force. 3 For the purposes of this section “the requisite custodial period” is— a in relation to a person serving one sentence , one-half of the sentence, and b in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E) . 4 This section is subject to— a section 256B (supervision of young offenders after release), and b paragraph 8 of Schedule 20B (transitional cases). Release on licence Duty to release prisoners not subject to special provision for release 244 1 As soon as a fixed-term prisoner, other than a prisoner to whom section 243A , 244ZA, 244A , 246A , 247 or 247A applies, has served the requisite custodial period for the purposes of this section , it is the duty of the Secretary of State to release him on licence under this section. 1ZA Subsection (1) does not apply if— a the prisoner’s case has been referred to the Board under section 244ZB, or b a notice given to the prisoner under subsection (4) of that section is in force. 1A Subsection (1) does not apply if the prisoner has been released on licence under section 246 or 248 and recalled under section 254 (provision for the release of such persons being made by sections 255B and 255C). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 For the purposes of this section “ the requisite custodial period ” means— a in relation to a prisoner serving one sentence , one-half of his sentence, b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d in relation to a person serving two or more concurrent or consecutive sentences ... , the period determined under sections 263(2) and 264(2B) or (2E) . 4 This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases). Release on licence of certain violent or sexual offenders 244ZA 1 As soon as a fixed-term prisoner to whom this section applies has served the requisite custodial period for the purposes of this section, it is the duty of the Secretary of State to release the prisoner on licence under this section. 2 This section applies to a prisoner who— a is serving a fixed-term sentence within subsection (4), (5) or (6), b is not a prisoner to whom section 244A, 246A or 247A applies, and c has not been released on licence (provision for the release of persons recalled under section 254 being made by sections 255B and 255C). 3 Subsection (1) does not apply if— a the prisoner’s case has been referred to the Board under section 244ZB, or b a notice given to the prisoner under subsection (4) of that section is in force. 4 A fixed-term sentence is within this subsection if it— a is a sentence of— i imprisonment, or ii detention under section 96 of the PCC(S)A 2000 or section 262 of the Sentencing Code, b is for a term of 7 years or more, c was imposed on or after 1 April 2020, and d was imposed in respect of an offence— i that is specified in Part 1 or 2 of Schedule 15, and ii for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed. 5 A fixed-term sentence is within this subsection if it— a is a sentence of imprisonment or a sentence of detention under section 262 of the Sentencing Code, b is for a term of at least 4 years but less than 7 years, c was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and d was imposed in respect of an offence within subsection (7). 6 A fixed-term sentence is within this subsection if it— a is a sentence of detention under section 250 of the Sentencing Code, b is for a term of 7 years or more, c was imposed on or after the day on which section 130 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and d was imposed in respect of an offence within subsection (7) . 7 An offence is within this subsection if— a it is specified in any of the following paragraphs of Part 1 of Schedule 15— i paragraph 1 (manslaughter); ii paragraph 4 (soliciting murder); iii paragraph 6 (wounding with intent to cause grievous bodily harm); iv paragraph 64 (ancillary offences), so far as it relates to an offence listed in paragraph 1, 4 or 6; v paragraph 65 (inchoate offences in relation to murder), or b it is an offence— i that is specified in Part 2 of that Schedule (sexual offences), and ii for which a sentence of life imprisonment could have been imposed (in the case of an offender aged 21 or over) at the time when the actual sentence was imposed. 8 For the purposes of this section “the requisite custodial period” means— a in relation to a prisoner serving one sentence, two-thirds of the prisoner’s sentence, and b in relation to a prisoner serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E). Referral of high-risk offenders to Parole Board in place of automatic release 244ZB 1 This section applies to a prisoner who— a would (but for anything done under this section and ignoring any possibility of release under section 246 or 248) be, or become, entitled to be released on licence under section 243A(2), 244(1) or 244ZA(1), and b is (or will be) aged 18 or over on the first day on which the prisoner would be so entitled. 2 For the purposes of this section, the Secretary of State is of the requisite opinion if the Secretary of State believes on reasonable grounds that the prisoner would, if released, pose a significant risk to members of the public of serious harm occasioned by the commission of any of the following offences— a murder; b specified offences, within the meaning of section 306 of the Sentencing Code. 3 If the Secretary of State is of the requisite opinion, the Secretary of State may refer the prisoner’s case to the Board. 4 Before referring the prisoner’s case to the Board, the Secretary of State must notify the prisoner in writing of the Secretary of State’s intention to do so (and the reference may be made only if the notice is in force). 5 A notice given under subsection (4) must take effect before the prisoner becomes entitled as mentioned in subsection (1)(a) . 6 A notice given under subsection (4) must explain— a the effect of the notice (including its effect under section 243A (2A) , 244 (1ZA) or 244ZA (3) ), b why the Secretary of State is of the requisite opinion, and c the prisoner’s right to make representations (see subsection (12) ). 7 A notice given under subsection (4) — a takes effect at whichever is the earlier of— i the time when it is received by the prisoner, and ii the time when it would ordinarily be received by the prisoner, and b remains in force until— i the Secretary of State refers the prisoner’s case to the Board under this section, or ii the notice is revoked. 8 The Secretary of State— a may revoke a notice given under subsection (4) , and b must do so if the Secretary of State is no longer of the requisite opinion. 9 If a notice given under subsection (4) is in force and the prisoner would but for the notice have become entitled as mentioned in subsection (1)(a) — a the prisoner may apply to the High Court on the ground that the prisoner’s release has been delayed by the notice for longer than is reasonably necessary in order for the Secretary of State to complete the referral of the prisoner’s case to the Board, and b the High Court, if satisfied that that ground is made out, must by order revoke the notice. 10 At any time before the Board disposes of a reference under this section, the Secretary of State— a may rescind the reference, and b must do so if the Secretary of State is no longer of the requisite opinion. 11 If the reference is rescinded, the prisoner is no longer to be treated as one whose case has been referred to the Board under this section (but this does not have the effect of reviving the notice under subsection (4) ). 12 The prisoner may make representations to the Secretary of State about the referral, or proposed referral, of the prisoner’s case at any time after being notified under subsection (4) and before the Board disposes of any ensuing reference under this section. But the Secretary of State is not required to delay the referral of the prisoner’s case in order to give an opportunity for such representations to be made. Proceedings following reference under section 244ZB 244ZC 1 This section applies to a prisoner whose case has been referred to the Parole Board under section 244ZB . 2 If, in disposing of that reference or any subsequent reference of the prisoner’s case to the Board under this subsection, the Board does not direct the prisoner’s release, it is the duty of the Secretary of State to refer the prisoner’s case to the Board again no later than the first anniversary of the disposal. 3 It is the duty of the Secretary of State to release the prisoner on licence as soon as— a the prisoner has served the requisite custodial period, and b the Board has directed the release of the prisoner under this section. 4 The Board must not give a direction under subsection (3) in disposing of the reference under section 244ZB unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. 5 The Board must not subsequently give a direction under subsection (3) unless— a the Secretary of State has referred the prisoner’s case to the Board under subsection (2) , and b the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. 6 For the purposes of this section, the “requisite custodial period” means the period ending with the day on which the prisoner would have become entitled as mentioned in section 244ZB (1)(a) . Release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc 244A 1 This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A or under section 265 or 278 of the Sentencing Code , other than a prisoner to whom section 247A applies . 2 The Secretary of State must refer P's case to the Board— a as soon as P has served the requisite custodial period, and b where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference. 3 It is the duty of the Secretary of State to release P on licence under this section as soon as— a P has served the requisite custodial period, and b the Board has directed P's release under this section. 4 The Board must not give a direction under subsection (3) unless— a the Secretary of State has referred P's case to the Board, and b the Board is satisfied that it is not necessary for the protection of the public that P should be confined. 5 It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by sections 255A to 255C). 6 For the purposes of this section— “ the appropriate custodial term ” means the term determined as such by the court under section 236A or under section 265 or 278 of the Sentencing Code ; “ the requisite custodial period ” means— in relation to a person serving one sentence imposed before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force , one-half of the appropriate custodial term, in relation to a person serving one sentence imposed on or after that day, two-thirds of the appropriate custodial term, and in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2D) . Restrictions on operation of section 244(1) in relation to intermittent custody prisoners 245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to release prisoners on licence before required to do so 246 1 Subject to subsections (2) to (4), the Secretary of State may— a release on licence under this section a fixed-term prisoner , other than one to whom section 244ZA, 244A, 246A, 247, 247A or 247B or paragraph 4 or 24 of Schedule 20B applies, ... at any time during the period of 365 days ending with the day on which the prisoner will have served the requisite custodial period, ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Subsection (1)(a) does not apply in relation to a prisoner unless— a the length of the requisite custodial period is at least 6 weeks, and b he has served— i at least 4 weeks of that period, and ii at least one-half of that period. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Subsection (1) does not apply where— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ab . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ac the prisoner is one to whom section 244ZA would apply if— i section 244ZA(4)(c), (5)(c) and (6)(c) were omitted, ii the reference in section 244ZA(5)(a) to section 262 of the Sentencing Code were read as including a reference to section 96 of the PCC(S)A 2000, and iii the reference in section 244ZA(6)(a) to section 250 of the Sentencing Code were read as including a reference to section 91 of the PCC(S)A 2000, b the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16), c the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (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 , or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code, 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, fa the prisoner’s case has been referred to the Board under section 244ZB, fb a notice given to the prisoner under subsection (4) of that section is in force, 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) (and the revocation has not been cancelled under section 255(3)) , ga the following apply— i the prisoner has been released on licence under this section in relation to a previous sentence and has been recalled to prison under section 255(1)(a) (and the revocation of the licence has not been cancelled under section 255(3)), and ii the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began, gb the following apply— i the prisoner has been released on licence under section 34A of the Criminal Justice Act 1991 in relation to a previous sentence and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act), and ii the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began, 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, ... ha . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or i in the case of a prisoner to whom section 240ZA applies or a direction under section 240A or under section 325 of the Sentencing Code relates , the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days ... . 4ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A In subsection (4)— a the reference in paragraph (d) to a community order includes a service community order or overseas community order under the Armed Forces Act 2006; and b the reference in paragraph (i) to section 240ZA includes section 246 of that Act. 5 The Secretary of State may by order— a amend the number of days for the time being specified in subsection (1)(a) ... or (4)(i), b amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and c amend the fraction for the time being specified in subsection (2)(b)(ii) ... . 6 In this section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ the requisite custodial period ” in relation to a person serving any sentence ... , has the meaning given by paragraph (a) or (b) of section 243A(3) or (as the case may be) paragraph (a) ... or (d) of section 244(3); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ term of imprisonment ” includes a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act. Release on licence of prisoners serving extended sentence under section 254, 266 or 279 of the Sentencing Code etc 246A 1 This section applies to a prisoner (“P”) who is serving an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code , other than a prisoner to whom section 247A applies . 2 It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the requisite custodial period for the purposes of this section if— a the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015, b the appropriate custodial term is less than 10 years, and c the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule. 3 In any other case , it is the duty of the Secretary of State to release P on licence in accordance with subsections (4) to (7). 4 The Secretary of State must refer P's case to the Board— a as soon as P has served the requisite custodial period, and b where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference. 5 It is the duty of the Secretary of State to release P on licence under this section as soon as— a P has served the requisite custodial period, and b the Board has directed P's release under this section. 6 The Board must not give a direction under subsection (5) unless— a the Secretary of State has referred P's case to the Board, and b the Board is satisfied that it is no longer necessary for the protection of the public that P should be confined. 6A Sections 246B and 246C contain provision that relates to the Board's function of giving directions under subsection (5) for the release of P. 7 It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by section 255C). 8 For the purposes of this section— “ appropriate custodial term ” means the term determined as such by the court under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code (as appropriate); “ the requisite custodial period ” means— in relation to a person serving one sentence, two-thirds of the appropriate custodial term, and in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B), (2D) or (2E) . Manslaughter: prisoner's non-disclosure of information 246B 1 The Board must comply with this section when making a public protection decision about a prisoner under section 246A(6)(b), for the purposes of section 246A(5), if— a the prisoner's sentence was passed for manslaughter; b the Board does not know where and how the victim's remains were disposed of; and c the Board believes that the prisoner has information about where, or how, the victim's remains were disposed of (whether the information relates to the actions of the prisoner or any other individual) which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”). 2 When making the public protection decision about the prisoner, the Board must take into account— a the prisoner's non-disclosure; and b the reasons, in the Board's view, for the prisoner's non-disclosure. 3 This section does not limit the matters which the Board must or may take into account when making a public protection decision. 4 In subsection (1)(a) the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020. 5 In this section, in relation to a prisoner— “ public protection decision ” has the meaning given by section 237A(2); “ victim ” means the victim of the offence for which the prisoner's sentence was passed; and a reference to the victim's remains being disposed of includes the remains being left at the location where the victim died. Indecent images: prisoner's non-disclosure of information 246C 1 The Board must comply with this section when making a public protection decision about a prisoner under section 246A(6)(b), for the purposes of section 246A(5), if— a the prisoner's sentence was passed for— i an offence of taking an indecent photograph of a child, or ii a relevant offence of making an indecent pseudo-photograph of a child; b the Board does not know the identity of the child who is the subject of the relevant indecent image; and c the Board believes that the prisoner has information about the identity of the child who is the subject of the relevant indecent image which the prisoner has not disclosed to the Board (“the prisoner's non-disclosure”). 2 When making the public protection decision about the prisoner, the Board must take into account— a the prisoner's non-disclosure; and b the reasons, in the Board's view, for the prisoner's non-disclosure. 3 This section does not limit the matters which the Board must or may take into account when making a public protection decision. 4 In subsection (1)(a), the reference to a sentence includes a sentence passed before the coming into force of section 2 of the Prisoners (Disclosure of Information About Victims) Act 2020. 5 For the purposes of this section, an offence is— a an “offence of taking an indecent photograph of a child” if it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of taking an indecent photograph of a child; b a “relevant offence of making an indecent pseudo-photograph of a child” if— i it is an offence under section 1(1)(a) of the Protection of Children Act 1978 of making an indecent pseudo-photograph of a child, and ii the Board believes that an image of a real child was or may have been used in the making of the pseudo-photograph; and, in the application of this section to a relevant offence of making an indecent pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the child who is the subject of the relevant indecent image are references to the real child. 6 In this section— “ public protection decision ”, in relation to a prisoner, has the meaning given by section 237A(2); “ relevant indecent image ” means— the photograph to which an offence of taking an indecent photograph of a child relates, or the pseudo-photograph to which a relevant offence of making an indecent pseudo-photograph of a child relates. Release on licence of prisoner serving extended sentence under section 227 or 228 247 1 This section applies to a prisoner who is serving an extended sentence imposed under section 227 or 228 , other than a prisoner to whom section 247A applies . 2 As soon as— a a prisoner to whom this section applies has served the requisite custodial period , . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . it is the duty of the Secretary of State to release him on licence. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In this section— “ the appropriate custodial term ” means the period determined by the court as the appropriate custodial term under section 227 or 228; “ the requisite custodial period ” means— in relation to a person serving one sentence, one-half of the appropriate custodial term, and in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B) or (2E) . 8 In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases). Restricted eligibility for release on licence of terrorist prisoners 247A 1 This section applies to a prisoner (a “terrorist prisoner”) who— a is serving a fixed-term sentence imposed (whether before or after this section comes into force) in respect of an offence within subsection (2), and b has not been released on licence. 2 An offence is within this subsection ( whenever it was committed ) if— a it is specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years), b it is a service offence as respects which the corresponding civil offence is so specified, or c it was determined to have a terrorist connection. 2A Subsections (3) to (5) apply unless the terrorist prisoner's sentence was imposed— a under section 226A or 226B or under section 254, 266, 268A, 279 or 282A of the Sentencing Code (extended sentence or serious terrorism sentence for dangerous offenders), b on or after the day on which section 27 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and c in respect of an offence that— i is specified in Part 1 of Schedule 19ZA (terrorism offences punishable with imprisonment for life), ii is a service offence as respects which the corresponding civil offence is so specified, iii is specified in Part 3 of that Schedule (other offences punishable with imprisonment for life) and was determined to have a terrorist connection, or iv is a service offence as respects which the corresponding civil offence is so specified, and was determined to have a terrorist connection. 3 It is the duty of the Secretary of State to refer the case of a terrorist prisoner to the Board— a as soon as the prisoner has served the requisite custodial period, and b where there has been a previous reference of the prisoner's case to the Board under this subsection and the Board did not direct the prisoner's release, no later than the second anniversary of the disposal of that reference. 4 It is the duty of the Secretary of State to release a terrorist prisoner on licence as soon as— a the prisoner has served the requisite custodial period, and b the Board has directed the release of the prisoner under this section. 5 The Board must not give a direction under subsection (4) unless— a the Secretary of State has referred the terrorist prisoner's case to the Board, and b the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. 6 Subsection (7) applies where the terrorist prisoner is serving a sentence imposed under section 226A, 226B, 227, 228 or 236A or under section 252A, 254, 265, 266, 268A, 278, 279 or 282A of the Sentencing Code . 7 It is the duty of the Secretary of State to release the terrorist prisoner on licence under this section as soon as the prisoner has served the appropriate custodial term (see sections 255B and 255C for provision about the re-release of a person who has been recalled under section 254). 7A For the purposes of this section, an offence was determined to have a terrorist connection if it was— a determined to have a terrorist connection under— i section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006), ii section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now subject to the provisions of this Chapter), or iii section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or b proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now subject to the provisions of this Chapter). 8 For the purposes of this section— “ the appropriate custodial term ”, in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A, or under section 252A, 254, 265, 266, 268A, 278, 279 or 282A of the Sentencing Code, means the term determined as such by the court under that provision; “ the requisite custodial period ” means— in relation to a person serving one sentence imposed under section 226A, 226B, 227, 228, or 236A, or under section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, two-thirds of the appropriate custodial term, in relation to a person serving one sentence of any other kind, two-thirds of the sentence, and in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2B), (2D) or (2E) ; “ service offence ”, and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act). 9 For the purposes of this section, a reference of a terrorist prisoner's case to the Board disposed of before the day on which this section comes into force is to be treated as if it was made (and disposed of) under subsection (3) if— a it was made under section 244A(2)(b) and disposed of at a time when the prisoner had served the requisite custodial period (within the meaning of this section, not section 244A), or b it was made under section 246A(4). 10 Nothing in this section affects the duty of the Secretary of State to release a person whose release has been directed by the Board before this section comes into force. 10A In the case of a prisoner to whom this section applies as a result of the amendments made by sub-paragraph (2) of paragraph 45 of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021, the references in subsections (9) and (10) to the date on which this section comes into force are to be read as references to the date on which that sub-paragraph comes into force. 11 This section is subject to paragraphs 5, 17 and 19 of Schedule 20B (transitional cases). Power to release prisoners on compassionate grounds 248 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 justify the prisoner’s release on compassionate grounds. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of licence 249 1 Subject to subsection (3) , where a fixed-term prisoner , other than one to whom section 243A applies, is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force for the remainder of his sentence. 1A Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence. This is subject to subsection (3). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Subsections (1) and (1A) have effect subject to section 263(2) (concurrent terms) and sections 264(3C)(a) and 264B ... (consecutive terms) ... . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases). Licence conditions 250 1 In this section— a “ the standard conditions ” means such conditions as may be prescribed for the purposes of this section as standard conditions, and b “ prescribed ” means prescribed by the Secretary of State by order. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Any licence under this Chapter in respect of a prisoner serving a sentence of imprisonment ... (including ... a sentence imposed under section 226A , 227 or 236A or under section 278 , 279 or 282A of the Sentencing Code ) or any sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act— a must include the standard conditions, aa must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000, and b may include— i any other condition authorised by section 62 , 64 or 64A of the Criminal Justice and Court Services Act 2000 or section 28 of the Offender Management Act 2007 , and ii such other conditions of a kind prescribed by the Secretary of State for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence. 4A In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more). 5 A licence under section 246 must also include a curfew condition complying with section 253. 5A The Secretary of State must not— a include a condition referred to in subsection (4)(b)(ii) in a licence within subsection (5B), either on release or subsequently, or b vary or cancel any such condition included in such a licence, unless the Board directs the Secretary of State to do so (and must, if the Board so directs, include, vary or cancel such a condition). 5B A licence is within this subsection if it is granted to a relevant prisoner— a on their initial release in a case where that release is at the direction of the Board, or b on their release after recall to prison in a case where that release is at the direction of the Board (see sections 255B(5), 255C(5) and 256A(5)). 5C In subsection (5B), “relevant prisoner” means a prisoner to whom section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the purposes of their initial release. 5BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 offenders 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. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licence conditions on re-release of prisoner serving sentence of less than 12 months 251 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to comply with licence conditions 252 1 A person subject to a licence under this Chapter must comply with such conditions as may for the time being be specified in the licence. 2 But where— a the licence relates to a sentence of imprisonment passed by a service court, and b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c the person is residing outside the British Islands, the conditions specified in the licence apply to him only so far as it is practicable for him to comply with them where he is residing. Curfew condition to be included in licence under section 246 , 255B or 255C 253 1 For the purposes of this Chapter, a curfew condition is a condition 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 specified (which may be premises approved by the Secretary of State under section 13 of the Offender Management Act 2007 (c.21) ), and b includes a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to electronic monitoring of his whereabouts during the periods for the time being so specified. 2 The curfew condition may specify different places or different periods for different days, but may not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force). 3 The curfew condition is to remain in force until the date when the released person would (but for his release) fall to be released unconditionally under section 243A or on licence under section 244. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Nothing in this section is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales. Recall after release Recall of prisoners while on licence 254 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 him to prison. 2 A person recalled to prison under subsection (1)— a may make representations in writing with respect to his recall, and b on his return to prison, must be informed of the reasons for his recall and of his right to make representations. 2A The Secretary of State, after considering any representations under subsection (2)(a) or any other matters, may cancel a revocation under this section. 2B The Secretary of State may cancel a revocation under subsection (2A) only if satisfied that the person recalled has complied with all the conditions specified in the licence. 2C Where the revocation of a person's licence is cancelled under subsection (2A), the person is to be treated as if the recall under subsection (1) had not happened. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 On the revocation of the licence of any person under this section, he shall be liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large. 7 Nothing in this section applies in relation to a person recalled under section 255. Recall of prisoners released early under section 246 255 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 the curfew condition included in the licence , or b that his whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included 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 this section— a may make representations in writing with respect to the revocation, 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 representations under subsection (2)(a) or any other matters, may cancel a revocation under this section. 4 Where the revocation of a person’s licence is cancelled under subsection (3), the person is to be treated for the purposes of section 246 as if he had not been recalled to prison under this section. 5 On the revocation of a person’s licence under section 246, he is liable to be detained in pursuance of his sentence and, if at large, is to be treated as being unlawfully at large. Offence of remaining unlawfully at large after recall 255ZA 1 A person recalled to prison under section 254 or 255 commits an offence if the person— a has been notified of the recall orally or in writing, and b while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible. 2 A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if— a written notice of the recall has been delivered to an appropriate address, and b a period specified in the notice has elapsed. 3 In subsection (2) “ an appropriate address ” means— a an address at which, under the person's licence, the person is permitted to reside or stay, or b an address nominated, in accordance with the person's licence, for the purposes of this section. 4 A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if— a the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services, b the person has failed to comply with such an instruction, and c the person has not complied with such an instruction for at least 6 months. 5 A person who is guilty of an offence under this section is liable— a on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both); b on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both). 6 In relation to an offence committed before 2 May 2022 , the reference in subsection (5)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months. 7 In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum. Further release after recall Further release after recall: introductory 255A 1 This section applies for the purpose of identifying which of sections 255B and 255C governs the further release of a person who has been recalled under section 254. 2 The Secretary of State must, on recalling a person other than an extended sentence prisoner , a serious terrorism prisoner or a prisoner whose case was referred to the Board under section 244ZB , consider whether the person is suitable for automatic release. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A person is suitable for automatic release only if— a the person meets the conditions in subsection (4ZA), b where paragraph (a) does not apply, the Secretary of State is satisfied that the person will not present a risk of serious harm to members of the public if released at the end of the automatic release period. 4ZA The conditions referred to in subsection (4)(a) are— a that the person is aged 18 or over; b that the person is serving a sentence of less than four years; c that the person is not serving a sentence in respect of an offence listed in Schedule 19AA (offences where offender not suitable for automatic release); d that the person is not serving a fixed-term sentence imposed in respect of an offence within section 247A(2) (terrorist prisoners); e that the person does not fall within paragraph (aa) or (c) of section 325(2) (relevant terrorist offenders, etc); f that the person has not been recalled on account of being charged with an offence; g that the person is not being managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders). 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The person must be dealt with— a in accordance with section 255B if suitable for automatic release; b in accordance with section 255C otherwise. but that is subject, where applicable, to section 243A(2) (unconditional release). 6 For the purposes of this section, a person returns to custody when that person, having been recalled, is detained (whether or not in prison) in pursuance of the sentence. 7 An “extended sentence prisoner” is a prisoner serving an extended sentence imposed under— a section 226A, 226B, 227 or 228 of this Act, ... aa section 254, 266 or 279 of the Sentencing Code, or b section 85 of the PCC(S)A 2000 ; and paragraph (b) includes (in accordance with paragraph 1(3) of Schedule 11 to the PCC(S)A 2000 ) a reference to section 58 of the Crime and Disorder Act 1998. 7A A “serious terrorism prisoner” is a prisoner serving a serious terrorism sentence imposed under section 268A or 282A of the Sentencing Code. 8 Automatic release” means release at the end of the automatic release period. 9 In the case of a person recalled under section 254 while on licence under a provision of this Chapter other than section 246, “ the automatic release period ” means— a where the person is serving a sentence of less than 12 months, the period of 14 days beginning with the day on which the person returns to custody; b where the person is serving a sentence of 12 months or more, the period of 28 days beginning with that day. 10 In the case of a person recalled under section 254 while on licence under section 246, “ the automatic release period ” means whichever of the following ends later— a the period described in subsection (9)(a) or (b) (as appropriate); b the requisite custodial period which the person would have served under section 243A or 244 but for the earlier release. Automatic release 255B 1 A prisoner who is suitable for automatic release (“P”) must— a on return to prison, be informed that he or she will be released under this section (subject to subsections (8) and (9)), and b at the end of the automatic release period (as defined in section 255A(9) and (10)) , be released by the Secretary of State on licence under this Chapter (unless P is released before that date under subsection (2) or (5)). 2 The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter. 3 The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b). 4 If P makes representations under section 254(2) before the end of that period, the Secretary of State must refer P's case to the Board on the making of those representations. 4A The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1)(b). 5 Where on a reference under subsection (4) the Board directs P's ... release on licence under this Chapter, the Secretary of State must give effect to the direction. 6 Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244. 7 Where this subsection applies— a if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and b P is not to be so released (despite subsections (1)(b) and (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with. 8 Subsection (9) applies if, after P has been informed that he or she will be released under this section, the Secretary of State receives further information about P (whether or not relating to any time before P was recalled). 9 If the Secretary of State determines, having regard to that and any other relevant information, that P is not suitable for automatic release— a the Secretary of State must inform P that he or she will not be released under this section, and b section 255C applies to P as if the Secretary of State had determined, on P's recall, that P was not suitable for automatic release. 10 Subsections (8) and (9) do not apply where P falls within section 255A(4)(a), unless the Secretary of State— a receives information that results in a determination that P may be at risk of involvement in terrorism-related activity (within the meaning of section 325(9)), b receives information that, after being recalled, P has been charged with an offence, or c receives information that results in a determination that, if released at the end of the automatic release period, P would be managed at level 2 or 3, as specified in guidance for the time being issued under section 325(8), by a responsible authority under arrangements made under that section (arrangements for assessing etc risks posed by certain offenders). Prisoners not suitable for automatic release 255C 1 This section applies to a prisoner (“P”) — a whose suitability for automatic release does not have to be considered under section 255A(2), or b who is not considered suitable for automatic release. 2 The Secretary of State may, at any time after P is returned to prison, release P again on licence under this Chapter. 3 The Secretary of State must not release P under subsection (2) unless the Secretary of State is satisfied that it is not necessary for the protection of the public that P should remain in prison. 4 The Secretary of State must refer P's case to the Board— a if P makes representations under section 254(2) before the end of the period of 28 days beginning with the date on which P returns to custody, on the making of those representations, or b if, at the end of that period, P has not been released under subsection (2) and has not made such representations, at that time. 4A The Board must not give a direction for P’s release on a reference under subsection (4) unless the Board is satisfied that it is not necessary for the protection of the public that P should remain in prison. 5 Where on a reference under subsection (4) the Board directs P's ... release on licence under this Chapter, the Secretary of State must give effect to the direction. 6 Subsection (7) applies if P is recalled before the date on which P would (but for the earlier release) have served the requisite custodial period for the purposes of section 243A or (as the case may be) section 244. 7 Where this subsection applies— a if P is released under this section before that date, P's licence must include a curfew condition complying with section 253, and b P is not to be so released (despite subsection (5)) unless the Secretary of State is satisfied that arrangements are in place to enable that condition to be complied with. 8 For the purposes of this section, P returns to custody when P, having been recalled, is detained (whether or not in prison) in pursuance of the sentence. Review by the Board 256 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further review 256A 1 This section applies to a person if— a there has been a previous reference of the person’s case to the Board under section 255C(4) or this section, and b the person has not been released. 1A The Secretary of State must refer the person’s case back to the Board not later than the first anniversary of the most recent determination by the Board not to release the person (the “review date”). 1B Subsection (1A) does not apply where the review date is 13 months or less before the date on which the person is required to be released by the Secretary of State. 2 The Secretary of State may, at any time before the review date , refer the person's case to the Board. 3 The Board may at any time recommend to the Secretary of State that the person’s case be referred under subsection (2). 4 The Board must not give a direction for a person’s release on a reference under subsection (1A) or (2) unless the Board is satisfied that it is not necessary for the protection of the public that the person should remain in prison. 5 Where on a reference under subsection (1A) or (2) the Board directs a person’s release on licence under this Chapter, the Secretary of State must give effect to the direction. Release after recall where further sentence being served 256AZA 1 This section applies where a person (“the offender”) is serving two or more terms of imprisonment. 2 Nothing in sections 255A to 256A requires the Secretary of State to release the offender in respect of any of the terms unless and until the Secretary of State is required to release the offender in respect of each of the others. 3 Nothing in sections 255A to 256A requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either— a to refer the offender’s case to the Board, or b to release the offender, in respect of each of the others. 4 If the offender is released on licence under section 255B, 255C or 256A, the offender is to be on licence— a until the last date on which the offender is required to be on licence in respect of any of the terms, and b subject to such conditions as are required by this Chapter in respect of any of the sentences. 5 This section applies to a determinate sentence of detention under any of the following provisions as it applies to a term of imprisonment— a section 91 or 96 of the PCC(S)A 2000; b section 250, 252A, 254, 262, 265, 266 or 268A of the Sentencing Code; c section 226A, 226B, 227, 228 or 236A of this Act. Power to change test for release following recall 256AZB 1 The Secretary of State may by order change— a the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release; b the test to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2); c the test to be applied by the Board in deciding whether to give a direction for a person’s release when determining a reference under section 255B(4), 255C(4) or 256A(1A) or (2). 2 An order under subsection (1) may in particular— a apply to a person recalled before the day on which the order comes into force (as well as to a person recalled on or after that day); b amend this Chapter. 3 Provision made in an order under subsection (1)(c) by virtue of section 330(4) (consequential etc provision) may in particular amend, or modify the application of, section 256AZBC(1) (powers of High Court on referral of release decisions). Release at the direction of the Board Release at direction of Parole Board: timing 256AZC 1 This section applies where the Board directs the release of a person on licence under this Chapter. 2 The Secretary of State must give effect to the direction of the Parole Board as soon as is reasonably practicable in all the circumstances including, in particular, the need to make arrangements in connection with any conditions that are to be included in the person’s licence under this Chapter. 3 The duty under subsection (2) is subject to provision made pursuant to section 239(5C)(b). Supervision of offenders Supervision after end of sentence of prisoners serving less than 2 years 256AA 1 This section applies where a person (“the offender”) has served a fixed-term sentence which was for a term of more than 1 day but less than 2 years, except where— a the offender was aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)), b the sentence was an extended sentence imposed under section 254, 266 or 279 of the Sentencing Code , ba the sentence was imposed under section 265 or 278 of that Code , bb section 247A applied to the offender in respect of the sentence, or c the sentence was imposed in respect of an offence committed before the day on which section 2(2) of the Offender Rehabilitation Act 2014 came into force. 2 The offender must comply with the supervision requirements during the supervision period, except at any time when the offender is— a in legal custody, b subject to a licence under this Chapter or Chapter 2 of Part 2 of the 1997 Act, or c subject to DTO supervision. 3 The supervision requirements are the requirements for the time being specified in a notice given to the offender by the Secretary of State (but see the restrictions in section 256AB). 4 “The supervision period” is the period which— a begins on the expiry of the sentence, and b ends on the expiry of the period of 12 months beginning immediately after the offender has served the requisite custodial period (as defined in section 244(3)). 5 The purpose of the supervision period is the rehabilitation of the offender. 6 The Secretary of State must have regard to that purpose when specifying requirements under this section. 7 The supervisor must have regard to that purpose when carrying out functions in relation to the requirements. 8 In this Chapter, “ the supervisor ”, in relation to a person subject to supervision requirements under this section, means a person who is for the time being responsible for discharging the functions conferred by this Chapter on the supervisor in accordance with arrangements made by the Secretary of State. 9 In relation to a person subject to supervision requirements under this section following a sentence of detention under section 250 of the Sentencing Code , the supervisor must be— a an officer of a provider of probation services, or b a member of the youth offending team established by the local authority in whose area the offender resides for the time being. 10 In relation to any other person, the supervisor must be an officer of a provider of probation services. 11 In this section “ DTO supervision ” means supervision under— a a detention and training order (including an order under section 211 of the Armed Forces Act 2006), or b an order under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code (breach of supervision requirements of detention and training order). 12 This section has effect subject to section 264(3C)(b) and (3D). Supervision requirements under section 256AA 256AB 1 The only requirements that the Secretary of State may specify in a notice under section 256AA are— a a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period; b a requirement not to commit any offence; c a requirement to keep in touch with the supervisor in accordance with instructions given by the supervisor; d a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor; e a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address; f a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work; g a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands); h a requirement to participate in activities in accordance with any instructions given by the supervisor; i a drug testing requirement (see section 256D); j a drug appointment requirement (see section 256E). 2 Where a requirement is imposed under subsection (1)(h), paragraph 5(4) to (9) of Schedule 9 to the Sentencing Code applies in relation to the requirement (reading references to the responsible officer as references to the supervisor). 3 Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2). 4 The Secretary of State may by order— a add requirements that may be specified in a notice under section 256AA, b remove or amend such requirements, c make provision about such requirements, including about the circumstances in which they may be imposed, and d make provision about instructions given for the purposes of such requirements. 5 An order under subsection (4) may amend this Act. 6 In this section “ work ” includes paid and unpaid work. Breach of supervision requirements imposed under section 256AA 256AC 1 Where it appears on information to a justice of the peace that a person has failed to comply with a supervision requirement imposed under section 256AA, the justice may— a issue a summons requiring the offender to appear at the place and time specified in the summons, or b if the information is in writing and on oath, issue a warrant for the offender's arrest. 2 Any summons or warrant issued under this section must direct the person to appear or be brought— a before a magistrates' court acting for the local justice area in which the offender resides, or b if it is not known where the person resides, before a magistrates' court acting for the same local justice area as the justice who issued the summons or warrant. 3 Where the person does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the person's arrest. 4 If it is proved to the satisfaction of the court that the person has failed without reasonable excuse to comply with a supervision requirement imposed under section 256AA, the court may— a order the person to be committed to prison for a period not exceeding 14 days (subject to subsection (7)), b order the person to pay a fine not exceeding level 3 on the standard scale, or c make an order (a “supervision default order”) imposing on the person— i an unpaid work requirement (as defined by paragraph 1 of Schedule 9 to the Sentencing Code ), or ii a curfew requirement (as defined by paragraph 9 of that Schedule ). 5 Paragraph 10(3) of Schedule 9 to the Sentencing Code (obligation to impose electronic monitoring requirement) applies in relation to a supervision default order that imposes a curfew requirement as it applies in relation to a community order that imposes such a requirement. 6 If the court deals with the person under subsection (4), it must revoke any supervision default order which is in force at that time in respect of that person. 7 Where the person is under the age of 21— a an order under subsection (4)(a) in respect of the person must be for committal to a young offender institution instead of to prison, but b the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead. 8 A person committed to prison or a young offender institution by an order under subsection (4)(a) is to be regarded as being in legal custody. 9 A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. 10 In Schedule 19A (supervision default orders)— a Part 1 makes provision about requirements of supervision default orders, and b Part 2 makes provision about the breach, revocation and amendment of supervision default orders. 10A Where a court deals with a person under this section, the criminal courts charge duty (see section 46 of the Sentencing Code) applies to the court. 11 A person dealt with under this section may appeal to the Crown Court against — a the order made by the court under this section, and b an order made by the court under section 46 of the Sentencing Code (criminal courts charge) when dealing with the person under this section. ... Supervision after release of certain young offenders serving less than 12 months 256B 1 This section applies where a person (“the offender”) is released under this Chapter if— a the person is, at the time of the release, serving a sentence of detention under section 250 of the Sentencing Code which is for a term of less than 12 months, and b the person is aged under 18 on the last day of the requisite custodial period (as defined in section 243A(3)). 1A This section also applies where a person (“the offender”) is released under this Chapter if— a the person is, at the time of the release, serving a sentence of detention under section 250 or 262 of the Sentencing Code which is for a term of less than 12 months, and b the sentence was imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force. 1B But this section does not apply where a person (“the offender”) is released from a sentence in respect of which section 247A applied to the offender. 2 The offender is to be under the supervision of— a an officer of a provider of probation services, b a social worker of a local authority, or c ... a member of the youth offending team. 3 Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area in which the offender resides for the time being. 4 Where the supervision is to be provided by— a a social worker of a local authority, or b a member of a youth offending team, the social worker or member must be a social worker of, or a member of a youth offending team established by, the local authority within whose area the offender resides for the time being. 5 The supervision period begins on the offender's release and ends three months later (whether or not the offender is detained under section 256C or otherwise during that period). 6 During the supervision period, the offender must comply with such requirements, if any, as may for the time being be specified in a notice from the Secretary of State. 7 The requirements that may be specified in a notice under subsection (6) include— a requirements to submit to electronic monitoring of the offender's compliance with any other requirements specified in the notice; b requirements to submit to electronic monitoring of the offender's whereabouts (otherwise than for the purpose of securing compliance with requirements specified in the notice); c where the offender is aged 18 or over— i drug testing requirements (see section 256D); ii drug appointment requirements (see section 256E). 7A Paragraph (c)(i) and (ii) of subsection (7) have effect subject to the restrictions in sections 256D(2) and 256E(2). 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 The Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (7)(a) or (b). 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Breach of supervision requirements imposed under section 256B 256C 1 Where an offender is under supervision under section 256B and it appears on information to a justice of the peace that the offender has failed to comply with requirements under section 256B(6), the justice may— a issue a summons requiring the offender to appear at the place and time specified in the summons, or b if the information is in writing and on oath, issue a warrant for the offender's arrest. 2 Any summons or warrant issued under this section must direct the offender to appear or be brought— a before a court acting for the local justice area in which the offender resides, or b if it is not known where the offender resides, before a court acting for same local justice area as the justice who issued the summons or warrant. 3 Where the offender does not appear in answer to a summons issued under subsection (1)(a), the court may issue a warrant for the offender's arrest. 4 If it is proved to the satisfaction of the court that the offender has failed to comply with requirements under section 256B(6), the court may— a order the offender to be detained, in prison or such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding 30 days, as the court may specify, or b order the offender to pay a fine not exceeding level 3 on the standard scale. 5 An offender detained in pursuance of an order under subsection (4)(a) is to be regarded as being in legal custody. 6 A fine imposed under subsection (4)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. 7 An offender may appeal to the Crown Court against any order made under subsection (4)(a) or (b). 8 In this section “ court ” means— a if the offender has attained the age of 18 years at the date of release, a magistrates' court other than a youth court; b if the offender is under the age of 18 years at the date of release, a youth court. Drug testing requirements 256D 1 “ Drug testing requirement ”, in relation to an offender subject to supervision under this Chapter, means a requirement that, when instructed to do so by the supervisor, the offender provide a sample mentioned in the instruction for the purpose of ascertaining whether the offender has a specified Class A drug or a specified Class B drug in his or her body. 2 A drug testing requirement may be imposed on an offender subject to supervision under this Chapter only if— a the Secretary of State is satisfied of the matters in subsection (3), and b the requirement is being imposed for the purpose of determining whether the offender is complying with any other supervision requirement. 3 Those matters are— a that the misuse by the offender of a specified class A drug or a specified class B drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, and b that the offender is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug. 4 An instruction given for the purpose of a drug testing requirement must be given in accordance with guidance given from time to time by the Secretary of State. 5 The Secretary of State may make rules regulating the provision of samples in accordance with such an instruction. 6 In this section, “ specified Class A drug ” and “ specified Class B drug ” have the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000. Drug appointment requirements 256E 1 “ Drug appointment requirement ”, in relation to an offender subject to supervision under this Chapter, means a requirement that the offender, in accordance with instructions given by the supervisor, attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug. 2 A drug appointment requirement may be imposed on an offender subject to supervision under this Chapter only if— a the supervisor has recommended to the Secretary of State that such a requirement be imposed on the offender, and b the Secretary of State is satisfied of the matters in subsection (3). 3 Those matters are— a that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, b that the offender is dependent on, or has a propensity to misuse, a controlled drug, c that the dependency or propensity requires, and may be susceptible to, treatment, and d that arrangements have been made, or can be made, for the offender to have treatment. 4 The requirement must specify— a the person with whom the offender is to meet or under whose direction the appointments are to take place, and b where the appointments are to take place. 5 The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience. 6 The only instructions that the supervisor may give for the purposes of the requirement are instructions as to— a the duration of each appointment, and b when each appointment is to take place. 7 For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment. 8 In this section, “ controlled drug ” has the same meaning as in the Misuse of Drugs Act 1971. Additional days Additional days for disciplinary offences 257 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, to 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 remitted in accordance with prison rules— a any period which he must serve before becoming entitled to or 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 Chapter remains in force, is extended by the aggregate of those additional days. Fine defaulters and contemnors Early release of fine defaulters and contemnors 258 1 This section applies in relation to a person committed to prison— a in default of payment of a sum adjudged to be paid by a conviction, 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 Secretary of State to release him unconditionally. 2A Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases). 2B Subsection (2) does not apply to a person within subsection (1)(a) if the sum in question is a sum of more than £10 million ordered to be paid under a confiscation order made under Part 2 of the Proceeds of Crime Act 2002. 2C The Secretary of State may by order amend the amount for the time being specified in subsection (2B). 3 Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section or in paragraph 35 of Schedule 20B requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences. 3A The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of the PCC(S)A 2000, under section 250 , 252A , 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act. 4 The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person’s release on compassionate grounds. Persons liable to removal from the United Kingdom Persons liable to removal from the United Kingdom 259 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 Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation 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 enter 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). Persons eligible for removal from the United Kingdom 259A 1 For the purposes of this Chapter, to be “ eligible for removal from the United Kingdom ” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met. 2 The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 260. 3 The person must not be one who is liable to removal from the United Kingdom. Early removal of prisoners liable to removal from United Kingdom 260 1 Where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove the prisoner from prison under this section at any time after the prisoner has served the minimum pre-removal custodial period (whether or not the Board has directed the prisoner’s release under this Chapter). 2 The minimum pre-removal custodial period is the longer of— a one half of the requisite custodial period, and b the requisite custodial period less 545 days . 2C Subsection (1) does do not apply in relation to a prisoner to whom section 247A applies. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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, or ii section 10 of the Immigration and Asylum Act 1999 (c. 33), and b so long as remaining in the United Kingdom, and in the event of a return to the United Kingdom after removal, is liable to be detained in pursuance of his sentence. 4A Where a person has been removed from prison under this section, a day on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence is not, unless the Secretary of State otherwise directs, to be included— a when determining for the purposes of any provision of this Chapter how much of their sentence they have (or would have) served, or b when determining for the purposes of section 244ZC(2), 244A(2)(b) or 246A(4)(b) the date of an anniversary of a disposal of a reference of the person’s case to the Board (so that the anniversary is treated as falling x days after the actual anniversary, where x is the number of days on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence). 4B Where— a before a prisoner’s removal from prison under this section their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and b the person is removed from the United Kingdom before the Board has disposed of the reference, the reference lapses upon the person’s removal from the United Kingdom (and paragraph 8 of Schedule 19B applies in the event of their return). 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The Secretary of State may by order— a amend the fraction for the time being specified in subsection (2)(a); b amend the time period for the time being specified in subsection (2)(b). 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners. 9 Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case— a the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and b subsection (5) is to be read as including reference to section 247A. Removal under section 260 and subsequent return to UK: effect on sentence 261 Where a person— a has been removed from prison under section 260 on or after the day on which section 47 of the Nationality and Borders Act 2022 came into force, b has been removed from the United Kingdom following that removal from prison, and c returns to the United Kingdom, this Chapter applies to the person with the modifications set out in Schedule 19B. Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991 262 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consecutive or concurrent terms Concurrent terms 263 1 This section applies where— a a person (“the offender”) has been sentenced . . . to two or more terms of imprisonment which are wholly or partly concurrent, and b the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions. 2 Where this section applies— a nothing in this Chapter requires the Secretary of State to release 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, aza nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either— i to refer the offender’s case to the Board, or ii to release the offender, in respect of each of the others, aa the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence), b section 246 does not authorise the Secretary of State to release him on licence under that section in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others to which that section applies , c on and after his release under this Chapter (unless that release is unconditional) the offender is to be on licence — i until the last date on which the offender is required to be on licence in respect of any of the terms, and ii subject to such conditions as are required by this Chapter in respect of any of the sentences. 2A Where this section applies, nothing in section 260 authorises the Secretary of State to remove the offender from prison in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In this section “ term of imprisonment ” includes a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act. 5 This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases). Consecutive terms 264 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 they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions, ... c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release. 2B Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms. 2C Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral. 2D Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms. 2E Nothing in this Chapter requires the Secretary of State to release the offender until— a the Board has directed the release of the offender, or b the offender has served a period equal to the aggregate length of— i the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and ii the maximum custodial periods in each of the terms that is subject to initial Parole Board referral. 2F For the purposes of subsections (2A) to (2E)— a a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which— i section 243A(1), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or ii section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender; b a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which— i section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or ii a notice under section 244ZB(4) is in force. 3B The offender's release under this Chapter is to be unconditional if— a the aggregate length of the terms of imprisonment is less than 12 months, and b section 243A so requires in respect of each of the sentences, but in any other case is to be on licence. 3C If the offender is released on licence under this Chapter— a the offender is to be on licence, on and after the release, until the offender would, but for the release, have served a term equal in length to the aggregate length of the terms of imprisonment (but see section 264B); b the offender is to be subject to supervision requirements under section 256AA if (and only if)— i section 256AA so requires in respect of one or more of the sentences, and ii the aggregate length of the terms of imprisonment is less than 2 years. 3D If the offender is subject to supervision requirements under section 256AA, the supervision period for the purposes of that section begins on the expiry of the period during which the offender is on licence by virtue of subsection (3C)(a). 3E When the offender is released under this Chapter (whether unconditionally or on licence), the offender is to be subject to supervision requirements under section 256B if that section so requires in respect of one or more of the sentences. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In this section “ minimum custodial period ” , except if subsection (6A) applies, means— a in relation to an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code , two-thirds of the appropriate custodial term determined by the court under that section, b in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section, c in relation to a sentence imposed under section 236A or under section 265 or 278 of the Sentencing Code before the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force , one-half of the appropriate custodial term determined by the court under that section, and ca in relation to a sentence imposed under section 265 or 278 of the Sentencing Code on or after the day on which section 131 of the Police, Crime, Sentencing and Courts Act 2022 came into force, two-thirds of the appropriate custodial term determined by the court under that section, cb in relation to a sentence in respect of which section 244ZA applies to the offender, two-thirds of the sentence, d in relation to any other sentence, one-half of the sentence. 6A In this section “ minimum custodial period”, in the case of a sentence imposed on a person to whom section 247A applies, means— za in relation to a sentence within subsection (2A) of that section, the whole of the “appropriate custodial term” within the meaning of that section (see subsection (8) of that section), a in relation to an extended sentence (not being one to which paragraph (za) applies) imposed under section 226A, 226B, 227 or 228 of this Act or section 254, 266 or 279 of the Sentencing Code, or a sentence imposed under section 236A of this Act or section 252A, 265 or 278 of that Code, two-thirds of the appropriate custodial term determined by the court under that section; b in relation to any other sentence, two-thirds of the sentence. 6B In this section “maximum custodial period” means— a in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section; b in relation to any other sentence, the term of the sentence. 7 This section applies to a determinate sentence of detention under section 91 or 96 of the PCC(S)A 2000, under section 250, 252A, 254, 262, 265 , 266 or 268A of the Sentencing Code or under section 226A, 226B, 227 , 228 or 236A of this Act as it applies to a term of imprisonment ... . 8 This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases). Consecutive terms: intermittent custody 264A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consecutive terms: detention and training orders 264AA 1 This section applies where, by virtue of section 237(4) of the Sentencing Code or section 106A(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order made in the case of a person (“the offender”) who is subject to a relevant sentence of detention is to take effect at the time when the offender would otherwise be released under this Chapter. 1A In a case where the detention and training order was made on or after the day on which section 159 of the Police, Crime, Sentencing and Courts Act 2022 came into force, section 246(1)(a) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the detention and training order, have directed the offender’s release under that section. 2 Any direction in respect of the offender by the Parole Board under— a subsection (5)(b) of section 246A, b subsection (4)(b) of section 247A, or c sub-paragraph (3) of paragraph 15 of Schedule 20B, is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section or paragraph . 3 In this section— a references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006, and b “ relevant sentence of detention ” has the meaning given by section 248(4) of the Sentencing Code. Consecutive terms: supplementary 264B 1 This section applies in a case in which section 264 applies where— a the offender is released on licence under this Chapter, b the aggregate length of the terms of imprisonment mentioned in section 264(1)(a) is less than 12 months, and c those terms include one or more terms of imprisonment (“short transitional terms”) which were imposed in respect of an offence committed before the day on which section 1 of the Offender Rehabilitation Act 2014 came into force, as well as one or more terms imposed in respect of an offence committed on or after that day. 2 The offender is to be on licence until the offender would, but for the release, have served a term equal in length to the aggregate of— a the custodial period in relation to each of the short transitional terms, and b the full length of each of the other terms. 3 In this section “ custodial period ” has the same meaning as in section 264. Restriction on consecutive sentences for released prisoners Restriction on consecutive sentences for released prisoners 265 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drug testing requirements Release on licence etc: drug testing requirements 266 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplemental Alteration by order of relevant proportion of sentence 267 The Secretary of State may by order provide that any reference in section 243A(3)(a), section 244(3)(a), section 247(2) or section 264(6)(d) to a particular proportion of a 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. Application of Chapter 6 to pre-4 April 2005 cases 267A Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect. Modification of Chapter 6 in certain transitional cases 267B Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect. Fixed-term prisoners also serving life sentence 267C 1 This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender. 2 Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner. 3 Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to— a refer the prisoner’s case to the Board, or b release the prisoner. 4 The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act. 5 The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3) , what the life sentence provisions require. 6 In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act. Interpretation of Chapter 6 268 1 In this Chapter — “ the 1997 Act ” means the Crime (Sentences) Act 1997 (c. 43); “ the Board ” means the Parole Board; “ fixed-term prisoner ” and “ fixed-term sentence ” have the meaning given by section 237(1) (as extended by section 237(1B)); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ offender subject to supervision under this Chapter ” means a person who is subject to supervision requirements under section 256AA or 256B; “prison” and “prisoner” are to be read in accordance with section 237(2); “ supervision default order ” means an order described in section 256AC(4)(c), whether made under that provision or under paragraph 9 of Schedule 19A; “ the supervision period ”, in relation to an offender subject to supervision under this Chapter, has the meaning given in section 256AA or 256B (as appropriate); “the supervisor”— in relation to an offender subject to supervision requirements under section 256AA, has the meaning given in that section, and in relation to an offender subject to supervision requirements under section 256B, means the person who provides supervision under that section; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A In this Chapter, “ the requisite custodial period ” means (except where it has the meaning given by section 247A(8)) — a in relation to a person serving an extended sentence imposed under section 226A or 226B or under section 254, 266 or 279 of the Sentencing Code , the requisite custodial period for the purposes of section 246A; b in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247; c in relation to a person serving a sentence imposed under section 236A or under section 265 or 278 of the Sentencing Code , the requisite custodial period for the purposes of section 244A; ca in relation to a prisoner whose case has been referred to the Parole Board under section 244ZB, the requisite custodial period for the purposes of section 244ZC; d in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A , 244 or 244ZA (as appropriate). 2 For the purposes of sections 243A(1A), 256AA(1), 256B(1A) and 264B(1), where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken to have been committed on the last of those days. Chapter 7 Effect of life sentence Determination of minimum term in relation to mandatory life sentence 269 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to give reasons 270 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals 271 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 sentence 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 subsection (1) there is inserted— 1ZA In subsection (1) above, the reference to a sentence 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. . Review of minimum term on a reference by Attorney General 272 1 In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) after subsection (3) there is inserted— 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 life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time. . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Life prisoners transferred to England and Wales 273 1 The Secretary of State must refer the case of any transferred 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 British 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 the 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 his sentence or sentences. 3 In subsection (1) “ a relevant order ” means a minimum term order or a whole life order under section 321 of the Sentencing Code . 4 In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning 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 ” . 5 The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender). Further provisions about references relating to transferred life prisoners 274 1 A reference to the High Court under section 273 is to be determined 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 sections 321 to 323 of the Sentencing Code is to be read as a reference to the High Court. 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 Appeal 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 Supreme Court from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies. 5 The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court. 6 Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the Supreme Court under this section. 7 In relation to appeals to the Court of Appeal or the Supreme Court under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications). Duty to release certain life prisoners 275 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 the part of the sentence specified in the order. 3 In subsection (1B)(a)— a for the words from the beginning to “applies” there is substituted “ this section does not apply to him ” , and b for the words from “such an order” to “appropriate stage” there is substituted “ a minimum term order has been made in respect of each 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 Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or b subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence). . Mandatory life sentences: transitional cases 276 Schedule 22 (which relates to the effect in transitional cases of mandatory life sentences) shall have effect. Interpretation of Chapter 7 277 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 8 Other provisions about sentencing Deferment of sentence Deferment of sentence 278 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to include drug treatment and testing requirement in certain orders in respect of young offenders Drug treatment and testing requirement in action plan order or supervision order 279 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alteration of penalties for offences Alteration of penalties for specified summary offences 280 1 The summary offences listed in Schedule 25 are no longer punishable with imprisonment. 2 Schedule 26 (which contains amendments increasing the maximum 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 committed before the commencement of this section. Alteration of penalties for other summary offences 281 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 months or less, and c is not listed in Schedule 25 or Schedule 26. 2 The Secretary of State may by order amend any relevant enactment so as to— a provide that any summary offence to which this subsection applies is no longer punishable with imprisonment, or b increase to 51 weeks the maximum term of imprisonment to which a person is liable on conviction of the offence. 3 An order under subsection (2) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary 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 months. 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 commencement of that order or subsection (as the case may be). 7 In this section and section 282 “ relevant enactment ” means any 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 meaning as in the Interpretation Act 1978 (c. 30). Increase in maximum term that may be imposed on summary conviction of offence triable either way 282 1 In section 32 of the Magistrates' Courts Act 1980 (c. 43) (penalties 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 substituted “ not exceeding 12 months ” . 2 Subsection (3) applies to any offence triable either way which— 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 1980. 3 The ... 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 a term not exceeding the general limit in a magistrates’ court (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. Enabling powers: power to alter maximum penalties 283 1 The Secretary of State may by order, in accordance with subsection (2) ..., amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person— a as regards a summary offence, liable on conviction to a term of imprisonment; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to— a restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or b increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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, incidental or consequential provision as the Secretary of State considers necessary 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 commencement of that order or Schedule (as the case may be). 8 In subsection (1) “ subordinate legislation ” has the same meaning as in the Interpretation Act 1978 (c. 30). 9 In this section “ relevant enactment ” means any enactment contained in an Act passed before or in the same Session as this Act. Increase in penalties for drug-related offences 284 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 committed before the commencement of that Schedule. Increase in penalties for certain driving-related offences 285 1 In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-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 subsections (3) and (4). 3 In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ” . 4 In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in column 4, for “10 years” 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 (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ” . 7 In the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ” . 8 This section does not affect the penalty for any offence committed before the commencement of this section. Increase in penalties for offences under section 174 of Road Traffic Act 1988 286 1 In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (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 withholding material information), for columns (3) and (4) there is substituted— (a) Summarily (a) 6 months or the statutory maximum or both (b) On indictment (b) 2 years or a fine or both. 2 Section 282(3) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act. 3 This section does not apply in relation to any offence committed before the commencement of this section. Firearms offences Minimum sentence for certain firearms offences 287 After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following section— Minimum sentence for certain offences under s. 5 51A 1 This section applies where— 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 (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so. 3 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 this section to have been committed on the last of those days. 4 In this section “ appropriate custodial sentence (or order for 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 the Powers 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 the Criminal 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, an order for detention under section 44, or sentence of detention 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. Certain firearms offences to be triable only on indictment 288 In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and punishment of offences) for the entries relating to offences under section 5(1) (possessing or distributing prohibited weapons or ammunition) and section 5(1A) (possessing or distributing other prohibited weapons) there is substituted— Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) Possessing or distributing prohibited weapons or ammunition. On indictment 10 years or a fine, or both. Section 5(1)(b) Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc. (a) Summary (b) On indictment 6 months or a fine of the statutory maximum, or both. 10 years or a fine or both. Section 5(1A)(a) Possessing or distributing firearm disguised as other object. On indictment 10 years or a fine, or both. Section 5(1A)(b), (c), (d), (e), (f) or (g) Possessing or distributing other prohibited weapons. (a) Summary (b) On indictment 6 months or a fine of the statutory maximum, or both. 10 years or a fine, or both. Power to sentence young offender to detention in respect of certain firearms offences: England and Wales 289 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to sentence young offender to detention in respect of certain firearms offences: Scotland 290 1 The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows. 2 In section 49(3) (children’s hearing for purpose of obtaining advice as to treatment of child), at the end there is added “ except that where 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 indictment), the existing provisions become subsection (1); and after that subsection there is added— 2 Subsection (1) does not apply where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968. . Power by order to exclude application of minimum sentence to those under 18 291 1 The Secretary of State may by order— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aa amend section 29(3)(a) of the Violent Crime Reduction Act 2006 by substituting for the word “16” the word 18, b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 expedient in consequence of, or in connection with, the provision made by virtue of paragraphs (a) to (d). 2 The provision that may be made by virtue of subsection (1)(e) includes, in particular, provision amending or repealing any provision of an Act (whenever passed), including any provision of this Act. Sentencing for firearms offences in Northern Ireland 292 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Increase in penalty for offences relating to importation or exportation of certain firearms 293 1 The Customs and Excise Management Act 1979 (c. 2) is amended as follows. 2 In section 50 (penalty for improper importation of goods), for subsection (5A) there is substituted— 5A In the case of— a an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation of any weapon or ammunition that is 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 with a prohibition or restriction on the importation 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 prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981, 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 prohibited 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 Great Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is 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 with a prohibition or restriction on the 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 prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981, 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 Great Britain in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is 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 with a prohibition or restriction on the importation or 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 prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting 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 committed before the commencement of this section. Offenders transferred to mental hospital Duration of directions under Mental Health Act 1983 in relation to offenders 294 1 Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows. 2 In subsection (1), for “the expiration of that person’s sentence” 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 previously done so, on his release date. 3 In this section, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded— 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 early release under discretionary powers of persons detained in such a prison or other institution. . Access to Parole Board for certain patients serving prison sentences 295 In section 74 of the Mental Health Act 1983 (restricted patients subject to restriction directions) after subsection (5) there is inserted— 5A Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction— a the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise 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 be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released. Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders 296 1 Article 56 of the Mental Health (Northern Ireland) Order 1986 (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 sentence” 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 sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date. 3 In this Article, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice 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 be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded. Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients 297 In Article 79 of the Mental Health (Northern Ireland) Order 1986 (restricted patients subject to restriction directions) after paragraph (5) there is inserted— 5A Where the tribunal have made a recommendation under paragraph (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 does not prevent— i the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, 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 become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or 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 time at which he would become so entitled. . Term of detention and training order Term of detention and training order 298 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from working with children Disqualification from working with children 299 Schedule 30 (which contains amendments of Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43) relating to disqualification orders under that Part) shall have effect. Fine defaulters Power to impose unpaid work requirement curfew requirement or attendance centre requirement on fine defaulter 300 1 Subsection (2) applies in any case where, in respect of a person 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 adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or b would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 18), have power to issue such a warrant 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 the person in default to comply with— a an unpaid work requirement (as defined by paragraph 1 of Schedule 9 to the Sentencing Code ), or b a curfew requirement (as defined by paragraph 9 of that Schedule ), ... c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In this Part “ default order ” means an order under subsection (2). 4 Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation 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 The following provisions of the Sentencing Code have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31 to this Act— sections 208(13), 210, 212 to 216, 394 and 395 (further provisions about community orders); Schedule 9 (community orders and suspended sentence orders: requirements); Schedule 10 (breach, revocation or amendment of community order); Schedule 11 (transfer of community orders to Scotland or Northern Ireland). 7 Where a default order has been made for default in paying any sum— a on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and b on payment of a part of the sum to any such person, the total number of hours or days 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. 8 In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded. Fine defaulters: driving disqualification 301 1 Subsection (2) applies in any case where 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 adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or b would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 18), have power to issue such a warrant 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 the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence. 3 Where an order has been made under subsection (2) for default in paying any sum— a on payment of the whole sum to any person authorised to receive 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) any fraction of a week or month is to be disregarded. 5 The Secretary of State may by order amend subsection (2) by substituting, for the period there specified, such other period as may be specified in the order. 6 A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce— a any such licence held by him ...; or b in the case where he holds a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence .... 7 In this section— “ driving licence ” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988; ... Chapter 9 Supplementary Execution of process between England and Wales and Scotland 302 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— section 256AC(1) or (3), section 256C(1) or (3), ... ... ... ... paragraph 8(1) or 10(5) of Schedule 19A, as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court. Sentencing: repeals 303 The following enactments (which are superseded by the provisions of this Part) shall cease to have effect— a Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners), b in the Crime (Sentences) Act 1997 (c. 43)— i section 29 (power of Secretary of State to release life prisoners 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 custodial term for licence purposes), 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). Amendments relating to sentencing 304 Schedule 32 (which contains amendments related to the provisions of this Part) shall have effect. Interpretation of Part 12 305 1 In this Part, except where the contrary intention appears— ... ... ... ... ... “ associated ”, in relation to offences, is to be read in accordance with section 400 of the Sentencing Code ; “ attendance centre ” has the meaning given by section 221(2); ... “ community order ” has the meaning given by section 200 of the Sentencing Code ; ... ... “court” (without more), except in Chapter 7, does not include a service court , but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006; “ curfew requirement ”, in relation to a community order, ... or suspended sentence order, has the meaning given by paragraph 9(1) of Schedule 9 to the Sentencing Code ; “ custodial sentence ” has the meaning given by section 222 of the Sentencing Code ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ default order ” has the meaning given by section 300(3); ... ... ... ... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ licence ” means a licence under Chapter 6; ... ... “ the PCC(S)A 2000 ” means the Powers of Criminal Courts (Sentencing) Act 2000; ... ... ... ... ... ... “ sentence of imprisonment ” does not include a committal— in default of payment of any sum of money, for want of sufficient distress to satisfy any sum of money, or 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 (Sentencing) Act 2000 (c. 6); “ service court ” means— the Court Martial; the Summary Appeal Court; the Service Civilian Court; the Court Martial Appeal Court; or the Supreme Court on an appeal brought from the Court Martial Appeal Court; ... “ suspended sentence ” and “ suspended sentence order ” have the meaning given by section 286 of the Sentencing Code ; ... “ youth offending team ” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37). 1A In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where— a there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but b it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule). 2 For the purposes of any provision of this Part which requires 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 imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 13 Miscellaneous Detention of suspected terrorists Limit on period of detention without charge of suspected terrorists 306 1 Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 After that sub-paragraph there is inserted— 3A Where the period specified in a warrant of further detention— 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) under this sub-paragraph, ends after the end of that period, the specified period may, on an application under this paragraph, 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 person, 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 examination under that Schedule began. Enforcement of legislation on endangered species Enforcement of regulations implementing EU legislation on endangered species 307 1 In this section— “ the 1972 Act ” means the European Communities Act 1972 (c. 68); “ relevant EU instrument ” means— Council Regulation 338/97/ EC on the protection of species of wild fauna and flora by regulating the trade therein, and 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 EU instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years. 3 In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant EU instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Until the coming into force of paragraph 3 of Schedule 27 (which 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 EU instrument” also included Council Directive 92/43/ EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/ EC . 6 Any reference in this section to an EU instrument is to be read— a as a reference to that instrument as amended from time to time, and b where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment). Miscellaneous provisions about criminal proceedings Non-appearance of defendant: plea of guilty 308 In section 12 of the Magistrates' Courts Act 1980 (c. 43) (non-appearance of accused: plea of guilty) subsection (1)(a)(i) (which excludes offences punishable with imprisonment for term exceeding 3 months) is omitted. Preparatory hearings for serious offences not involving fraud 309 In section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) (power to order preparatory hearings) in subsection (1) (preparatory hearing may be held in complex or lengthy trial) after “complexity” there is inserted “ a case of such seriousness ” . Preparatory hearings to deal with severance and joinder of charges 310 1 In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the purposes of preparatory hearings in fraud cases) after paragraph (d) there is inserted or e considering questions as to the severance or joinder of charges. 2 In section 9(3) of that Act (determinations as to the admissibility 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 rulings 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 Investigations Act 1996 (purposes of preparatory hearings in non-fraud cases) after paragraph (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 admissibility of evidence etc) after paragraph (b) there is inserted— c any question as to the severance or joinder of charges. Reporting restrictions for preparatory hearings 311 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 Attorney General for Northern Ireland. 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 amended as 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 Attorney 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 inserted “ (other than sections 37 and 38) ” . 10 In Schedule 4 (modifications for Northern Ireland) paragraph 16 is omitted. Awards of costs 312 1 The Prosecution of Offences Act 1985 (c. 23) is amended as follows. 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 Investigations 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 35(1) of the Criminal Procedure and Investigations Act 1996. Extension of investigations by Criminal Cases Review Commission in England and Wales 313 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 an 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 substituted “ appeal ” . 4 After paragraph (a) of that subsection there is inserted— aa in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, 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 as provided 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. Extension of investigations by Criminal Cases Review Commission in Northern Ireland 314 1 Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (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 an 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 substituted “ appeal ” . 4 After paragraph (a) of that subsection there is inserted— aa in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, 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 as provided 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. Appeals following reference by Criminal Cases Review Commission 315 1 Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about references by Criminal Cases Review Commission) is amended as follows. 2 After subsection (4) there is inserted— 4A Subject to subsection (4B), where a reference under section 9 or 10 is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground which is not related 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, verdict, finding or sentence which is not related to any reason given by the Commission for making the reference. 3 In subsection (5) for “any of sections 9 to” there is substituted “ section 11 or ” . Power to substitute conviction of alternative offence on appeal in England and Wales 316 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 plead guilty ” . 3 After section 3 there is inserted— Power to substitute conviction of alternative offence after guilty plea 3A 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 indicates an admission by the appellant of facts which prove him guilty of the other offence. 2 The Court of Appeal 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 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. Power to substitute conviction of alternative offence on appeal in Northern Ireland 317 1 The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) 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 plead guilty ” . 3 After section 3 there is inserted— Power to substitute conviction of alternative offence after guilty plea 3A 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 indicates an admission by the appellant of facts which prove him guilty of 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 other 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. Substitution of conviction on different charge on appeal from court-martial 318 1 The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows. 2 In section 14 (substitution of conviction on different charge) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ” . 3 After section 14 there is inserted— Substitution of conviction on different charge after guilty plea 14A 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 conviction 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. Appeals against sentences in England and Wales 319 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 Court 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 the 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 any one of them states that it is treating that one together with the other or others as substantially one sentence. Outraging public decency Offence of outraging public decency triable either way 320 1 After paragraph 1 of Schedule 1 to the Magistrates' Courts Act 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 committed before the commencement of this section. Jury service Jury service 321 Schedule 33 (jury service) shall have effect. Individual support orders Individual support orders 322 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Individual support orders: consequential amendments 323 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parenting orders and referral orders Parenting orders and referral orders 324 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessing etc. risks posed by sexual or violent offenders Arrangements for assessing etc risks posed by certain offenders 325 1 In this section— “ relevant sexual or violent offender ” and “relevant terrorist offender” have the meanings given by section 327; “ responsible authority ”, in relation to any area, means the chief officer of police, the local probation board for that area or (if there is no local probation board for that area) a relevant provider of probation services and the Minister of the Crown exercising functions in relation to prisons, acting jointly. 2 The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by— a relevant sexual and violent offenders, aa relevant terrorist offenders, b other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public , and c other persons who have committed offences (wherever committed) and are considered by the responsible authority to be persons who may be at risk of involvement in terrorism-related activity. 3 In establishing those arrangements, the responsible authority must act in co-operation with the persons specified in subsection (6); and it is the duty of those persons to co-operate in the establishment by the responsible authority of those arrangements, to the extent that such co-operation is compatible with the exercise by those persons of their relevant functions . 4 A person to whom subsection (4A) applies may, for the purpose described in subsection (2), disclose information to another person to whom subsection (4A) applies. 4A This subsection applies to— a the responsible authority, b a person specified in subsection (6), and c a person who the responsible authority considers may contribute to the achievement of the purpose described in subsection (2). 4B A disclosure under subsection (4) does not breach— a any obligation of confidence owed by the person making the disclosure, or b any other restriction on the disclosure of information (however imposed). 4C But subsection (4) does not authorise a disclosure of information that— a would contravene the data protection legislation (but in determining whether it would do so, the power in that subsection is to be taken into account), or b would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. 4D Subsection (4E) applies if a person who may disclose or receive information by virtue of subsection (4) would not otherwise be a competent authority for the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) in relation to the processing by that person of personal data by virtue of that subsection. 4E The person is to be treated as a competent authority for the purposes of that Part in relation to the processing by that person of personal data by virtue of subsection (4). 4F But subsection (4E) does not apply to an intelligence service within the meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of that Act). 4G Subsections (4) to (4F) do not affect any power to disclose information apart from that conferred by subsection (4). 5 The responsible authority for each area (“the relevant area”) and the persons specified in subsection (6) must together draw up a memorandum setting out the ways in which they are to co-operate. 6 The persons referred to in subsections (3) , (4A)(b) and (5) are— a every youth offending team established for an area any part of which falls within the relevant area, b the Ministers of the Crown exercising functions in relation to social security, child support, war pensions, employment and training, ba NHS England , c every local authority acting in the exercise of its relevant functions any part of whose area falls within the relevant area, d every local housing authority ... any part of whose area falls within the relevant area, da every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area, e every private registered provider of social housing or registered social landlord which provides or manages residential accommodation in the relevant area in which persons falling within subsection (2)(a) or (b) reside or may reside, f every Health Authority ... any part of whose area falls within the relevant area, g every integrated care board or ... Local Health Board any part of whose area falls within the relevant area, h every NHS trust any part of whose area falls within the relevant area, ... i every person who is designated by the Secretary of State by order for the purposes of this paragraph as a provider of electronic monitoring services , and j the persons listed in section 48(1A)(a) to (e) of the UK Borders Act 2007 and any person acting pursuant to arrangements relating to the discharge of a function within section 48(1A) of that Act (persons exercising functions as the UK Border Agency) . 7 The Secretary of State may by order amend subsection (6) by adding or removing any person or description of person. 8 The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section and sections 326 and 327A . 8A Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions. 9 In this section— “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “ education functions ” has the meaning given by section 579(1) of the Education Act 1996; “involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act); “ local authority ” has the same meaning as in the Education Act 1996 (c. 56); “ local housing authority ” has the same meaning as in the Housing Act 1985 (c. 68); “ Minister of the Crown ” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26); “ NHS trust ” has the same meaning as in the National Health Service Act 2006 ; “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act); “ prison ” has the same meaning as in the Prison Act 1952 (c. 52); “processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act); “ registered social landlord ” has the same meaning as in Part 1 of the Housing Act 1996 (c. 52); “relevant functions means— in the case of a local authority, the education functions and the social services functions of that authority; in the case of any other person specified in subsection (6), the functions of that person under any other enactment; “ a relevant provider of probation services ” in relation to an area means a provider of probation services identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007. ... “ social services functions ” has the meaning given — in relation to England, by section 1A of the Local Authority Social Services Act 1970. in relation to Wales, has the meaning given by section 143 of the Social Services and Well-being (Wales) Act 2014 . Review of arrangements 326 1 The responsible authority for each area must keep the arrangements established by it under section 325 under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient. 2 The responsible authority for any area must exercise their functions under subsection (1) in consultation with persons appointed by the Secretary of State as lay advisers in relation to that authority. 3 The Secretary of State must appoint two lay advisers under subsection (2) in relation to each responsible authority. 4 The responsible authority must pay to or in respect of the persons so appointed such allowances as the Secretary of State may determine. 5 As soon as practicable after the end of each period of 12 months beginning with 1st April, the responsible authority for each area must— a prepare a report on the discharge by it during that period of the functions conferred by section 325 , this section and section 327A , and b publish the report in that area. 6 The report must include— a details of the arrangements established by the responsible authority, and b information of such descriptions as the Secretary of State has notified to the responsible authority that he wishes to be included in the report. Section 325: interpretation 327 1 For the purposes of section 325, a person is a relevant sexual or violent offender if he falls within one or more of subsections (2) to (4) . 2 A person falls within this subsection if he is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42). 3 A person falls within this subsection if— a he has been convicted by a court in England or Wales of murder or an offence specified in Part 1 or 2 of Schedule 15 or in subsection (4A) below , and b one of the following sentences was imposed on him in respect of the conviction— i a sentence of imprisonment for that is not for a term of less than 12 months , ii a sentence of detention in a young offender institution for a term of 12 months or more, iii a sentence of detention during Her Majesty’s pleasure, iv a sentence of detention for public protection under section 226, v a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 250 or 252A of the Sentencing Code (offenders under 18 convicted of certain serious offences), va a sentence of custody for life under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section 272 or 275 of the Sentencing Code, vi a sentence of detention under section 226B or 228 or under section 254 of the Sentencing Code , vii a detention and training order for a term of 12 months or more, or viii a hospital or guardianship order within the meaning of the Mental Health Act 1983 (c. 20). 4 A person falls within this subsection if— a he is found not guilty by a court in England and Wales of murder or an offence specified in Part 1 or 2 of Schedule 15 or in subsection (4A) below by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and b one of the following orders is made in respect of the act charged against him as the offence— i an order that he be admitted to hospital, or ii a guardianship order within the meaning of the Mental Health Act 1983. 4A The offences specified in this subsection are— a an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent); b an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc ) Act 2004 (trafficking people for exploitation), where the offence is committed against a child; c an offence under section 4(3) of the Misuse of Drugs Act 1971 where the offence is committed by— i supplying or offering to supply a Class A drug to a child, ii being concerned in the supplying of such a drug to a child, or iii being concerned in the making to a child of an offer to supply such a drug; ca an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship); d an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this subsection; e an offence of conspiring to commit an offence so specified; f an offence of attempting to commit an offence so specified. 4B For the purposes of section 325, a person is a relevant terrorist offender if the person falls within one or both of subsections (4C) and (4D). 4C A person falls within this subsection if the person is subject to the notification requirements of Part 4 of the Counter-Terrorism Act 2008. 4D A person falls within this subsection if the person has been convicted of and sentenced for a relevant terrorist offence, or otherwise dealt within in relation to such an offence, as described in— a paragraph (a) or (b) of section 45(1) of the Counter-Terrorism Act 2008, b paragraph (a) or (b) of section 45(2) of that Act, c paragraph (a) or (b) of section 45(3) of that Act, or d paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act. 4E For the purposes of subsection (4D)— a any reference in the Counter-Terrorism Act 2008 to an offence to which Part 4 of that Act applies is to be read as if it were a reference to a relevant terrorist offence, and b any reference in that Act to a hospital order is to be read as if it included a guardianship order within the meaning of the Mental Health Act 1983 or the Mental Health (Northern Ireland) Order 1986 ( S.I. 1986/595 (N.I. 4) ). 4F In subsections (4D) and (4E) “relevant terrorist offence” means— a an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism offences punishable with imprisonment for life or for more than two years), b a service offence as respects which the corresponding civil offence is so specified, or c an offence which was determined to have a terrorist connection (see subsection (4G)); and in paragraph (b) “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act). 4G For the purposes of subsection (4F)(c), an offence was determined to have a terrorist connection if it was— a determined to have a terrorist connection under— i section 69 of the Sentencing Code (including as applied by section 238(6) of the Armed Forces Act 2006), ii section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in England and Wales before the Sentencing Code applied, or an offender sentenced in Northern Ireland but now capable of posing a risk in an area in England and Wales), or iii section 32 of that Act (in the case of a person sentenced for a service offence before the Sentencing Code applied), or b proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now capable of posing a risk in an area in England and Wales). 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In this section — "child" means a person under 18; “ court ” does not include a service court, as defined by section 305(1). Disclosure of information about convictions etc. of child sex offenders to members of the public 327A 1 The responsible authority for each area must, in the course of discharging its functions under arrangements established by it under section 325, consider whether to disclose information in its possession about the relevant previous convictions of any child sex offender managed by it to any particular member of the public. 2 In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public. 3 The case is where the responsible authority for the area has reasonable cause to believe that— a a child sex offender managed by it poses a risk in that or any other area of causing serious harm to any particular child or children or to children of any particular description, and b the disclosure of information about the relevant previous convictions of the offender to the particular member of the public is necessary for the purpose of protecting the particular child or children, or the children of that description, from serious harm caused by the offender. 4 The presumption under subsection (2) arises whether or not the person to whom the information is disclosed requests the disclosure. 5 Where the responsible authority makes a disclosure under this section— a it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and b it may impose conditions for preventing the member of the public concerned from disclosing the information to any other person. 6 Any disclosure under this section must be made as soon as is reasonably practicable having regard to all the circumstances. 7 The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section. 8 The record must include the following information— a the reasons for making a decision to disclose information under this section, b the reasons for making a decision not to disclose information under this section, and c the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed. 9 Nothing in this section requires or authorises the making of a disclosure which contravenes the data protection legislation . 10 This section is not to be taken as affecting any power of any person to disclose any information about a child sex offender. Section 327A: interpretation 327B 1 This section applies for the purposes of section 327A. 2 “ Child ” means a person under 18. 3 “ Child sex offence ” means an offence listed in Schedule 34A, whenever committed. 4 “ Child sex offender ” means any person who— a has been convicted of such an offence, b has been found not guilty of such an offence by reason of insanity, c has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or d has been cautioned in respect of such an offence. 4A “ The data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). 5 In relation to a responsible authority, references to information about the relevant previous convictions of a child sex offender are references to information about— a convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and b anything under the law of any country or territory outside England and Wales which in the opinion of the responsible authority corresponds to any conviction, finding or caution within paragraph (a) (however described). 6 References to serious harm caused by a child sex offender are references to serious physical or psychological harm caused by the offender committing any offence listed in any paragraph of Schedule 34A other than paragraphs 1 to 6 (offences under provisions repealed by Sexual Offences Act 2003). 7 A responsible authority for any area manages a child sex offender if the offender is a person who poses risks in that area which fall to be managed by the authority under the arrangements established by it under section 325. 8 For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded. 9 In this section “ cautioned ”, in relation to any person and any offence, means— a cautioned after the person has admitted the offence, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act. Criminal record certificates Criminal record certificates: amendments of Part 5 of Police Act 1997 328 Schedule 35 (which contains amendments of Part 5 of the Police Act 1997 (c. 50)) shall have effect. Civil proceedings brought by offenders Civil proceedings for trespass to the person brought by offender 329 1 This section applies where— a a person (“ the claimant ”) claims that another person (“ the defendant ”) did an act amounting to trespass to the claimant’s person, and b the claimant has been convicted in the United Kingdom of an imprisonable offence committed on the same occasion as that on which the act is alleged to have been done. 2 Civil proceedings relating to the claim may be brought only with the permission of the court. 3 The court may give permission for the proceedings to be brought only if there is evidence that either— a the condition in subsection (5) is not met, or b in all the circumstances, the defendant’s act was grossly disproportionate. 4 If the court gives permission and the proceedings are brought, it is a defence for the defendant to prove both— a that the condition in subsection (5) is met, and b that, in all the circumstances, his act was not grossly disproportionate. 5 The condition referred to in subsection (3)(a) and (4)(a) is that the defendant did the act only because— a he believed that the claimant— i was about to commit an offence, ii was in the course of committing an offence, or iii had committed an offence immediately beforehand; and b he believed that the act was necessary to— i defend himself or another person, ii protect or recover property, iii prevent the commission or continuation of an offence, or iv apprehend, or secure the conviction, of the claimant after he had committed an offence; or was necessary to assist in achieving any of those things. 6 Subsection (4) is without prejudice to any other defence. 7 Where— a a person is convicted of an offence under section 42 of the Armed Forces Act 2006 (criminal conduct), and b the corresponding offence under the law of England and Wales (within the meaning given by that section) is an imprisonable offence, he is to be treated for the purposes of this section as having been convicted in the United Kingdom of that corresponding offence; and in paragraph (a) the reference to conviction includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction. 8 In this section— a the reference to trespass to the person is a reference to— i assault, ii battery, or iii false imprisonment; b references to a defendant’s belief are to his honest belief, whether or not the belief was also reasonable; c “ court ” means the High Court or the county court and d “ imprisonable offence ” means an offence which, in the case of a person aged 18 or over, is punishable by imprisonment. Part 14 General Orders and rules 330 1 This section applies to— a any power conferred by this Act on the Secretary of State to make an order or rules; b the power conferred by section 168 . . . or the Lord Chief Justice to make an order. c the powers conferred on the Lord Chancellor by sections 29 (2E) , 174(4) and 269(6) to make an order. 2 The power is exercisable by statutory instrument. 2A Where a statutory instrument is made by the Lord Chief Justice in the exercise of the power referred to in subsection (1)(b), the Statutory Instruments Act 1946 applies to the instrument as if it contained an order made by a Minister of the Crown. 3 The power— a may be exercised so as to make different provision for different purposes or different areas, and b may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes. 4 The power includes power to make— a any supplementary, incidental or consequential provision, and b any transitory, transitional or saving provision, which the Minister making the instrument considers necessary or expedient. 5 A statutory instrument containing— a an order under any of the following provisions— section 22(3C), section 25(5), section 103, . . . ... ... ... section ... section ... ... section 237A(13), section 246(5), section 256AZB, section 256AB(4), section 258(2C), section 260, section 267, ... section 281(2), section 283(1), section 291, section 301(5), section 325(7), and paragraph 6 of Schedule 19A, paragraph 5 of Schedule 31, aa an order under section 23A(4) which makes provision— i increasing the fraction in section 23A(3)(a), or ii increasing the figure in section 23A(3)(b) by more than is necessary to reflect changes in the value of money, b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or c an order making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, ... d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . may only be made if a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament. 6 Any other statutory instrument made in the exercise of a power to which this section applies is subject to annulment in pursuance of a resolution of either House of Parliament. 7 Subsection (6) does not apply to a statutory instrument containing only an order made under one or more of the following provisions— ... ... section 253(5), section 325(6)(i), and section 336. Orders: Northern Ireland 330A 1 Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 . 2 The Department of Justice shall not make any order— a making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, or b under section 336(3) bringing section 43 into force, unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly. 3 Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment. 4 Any other order made by the Department of Justice under section 333, or an order made by the Department of Justice under section 47(8) or 97(2), is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 ). 5 Any power of the Department of Justice to make an order under this Act— a may be exercised so as to make different provision for different purposes or different areas, and b may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes. 6 The power includes power to make— a any supplementary, incidental or consequential provision, and b any transitory, transitional or saving provision, which the Department of Justice considers necessary or expedient. Further minor and consequential amendments 331 Schedule 36 (further minor and consequential amendments) shall have effect. Repeals 332 Schedule 37 (repeals) shall have effect. Supplementary and consequential provision, etc. 333 1 The Secretary of State may by order make— a any supplementary, incidental or consequential provision, and b any transitory, transitional or saving provision, which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act. 1A In the application of this section to Northern Ireland, any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland. 2 An order under subsection (1) may, in particular— a provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and b amend or repeal— i any Act passed before, or in the same Session as, this Act, and ii subordinate legislation made before the passing of this Act. 3 Nothing in this section limits the power by virtue of section 330(4)(b) or 330A(6)(b) to include transitional or saving provision in an order under section 336. 4 The amendments that may be made under subsection (2)(b) are in addition to those made by or under any other provision of this Act. 5 In this section “ subordinate legislation ” has the same meaning as in the Interpretation Act 1978 (c. 30). 6 Schedule 38 (which contains transitory and transitional provisions and savings) shall have effect. Provision for Northern Ireland 334 1 An Order in Council under section 85 of the Northern Ireland Act 1998 (c. 47) (provision dealing with certain reserved matters) which contains a statement that it is made only for purposes corresponding to those of any provisions of this Act specified in subsection (2)— a shall not be subject to subsections (3) to (9) of that section (affirmative resolution of both Houses of Parliament), but b shall be subject to annulment in pursuance of a resolution of either House of Parliament. 2 The provisions are— a in Part 1, sections 1, 3(3), 4, 7 to 10 and 12 and paragraphs 1, 2, 5 to 10 and 20 of Schedule 1, and b Parts 8, 9 and 11. 3 In relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) is in force (suspension of devolved government in Northern Ireland)— a the reference in subsection (1) above to section 85 of the Northern Ireland Act 1998 shall be read as a reference to paragraph 1 of the Schedule to the Northern Ireland Act 2000 (legislation by Order in Council during suspension), and b the reference in subsection (1)(a) above to subsections (3) to (9) of that section shall be read as a reference to paragraph 2 of that Schedule. 4 The reference in section 41(2) of the Justice (Northern Ireland) Act 2002 (c. 26) (transfer of certain functions to Director of Public Prosecutions for Northern Ireland) to any function of the Attorney General for Northern Ireland of consenting to the institution of criminal proceedings includes any such function which is conferred by an amendment made by this Act. 5 Any reference to any provision of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) in the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) is to be read as a reference to that provision as amended by this Act. Expenses 335 There shall be paid out of money provided by Parliament— a any expenditure incurred by a Minister of the Crown by virtue of this Act, and b any increase attributable to this Act in the sums payable out of money so provided under any other enactment. Commencement 336 1 The following provisions of this Act come into force on the passing of this Act— section 168(1) and (2), section 183(8), section 307(1) to (3), (5) and (6), section 330, section 333(1) to (5), sections 334 and 335, this section and sections 337, 338 and 339, and the repeal in Part 9 of Schedule 37 of section 81(2) and (3) of the Countryside and Rights of Way Act 2000 (c. 37) (and section 332 so far as relating to that repeal), and paragraphs 1 and 6 of Schedule 38 (and section 333(6) so far as relating to those paragraphs). 2 The following provisions of this Act come into force at the end of the period of four weeks beginning with the day on which this Act is passed— Chapter 7 of Part 12 (and Schedules 21 and 22); section 303(b)(i) and (ii); paragraphs 42, 43(3), 66, 83(1) to (3), 84 and 109(2), (3)(b), (4) and (5) of Schedule 32 (and section 304 so far as relating to those provisions); Part 8 of Schedule 37 (and section 332 so far as relating to that Part of that Schedule). 3 The remaining provisions of this Act come into force in accordance with provision made by the Secretary of State by order. 4 Different provision may be made for different purposes and different areas. 5 For the purposes of the law of Northern Ireland, the power in subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State). Extent 337 1 Subject to the following provisions of this section and to section 338, this Act extends to England and Wales only. 2 The following provisions extend also to Scotland and Northern Ireland— sections 71 and 72; sections 82 and 83; ... section 188 and Schedule 11; ... section 293; section 306 section 307; section 311; this Part, except sections 331, 332 and 334(5); paragraphs 19, 70 and 71 of Schedule 3; ... paragraphs 3, 6, 7 and 8 of Schedule 27; paragraphs 6 to 8 of Schedule 31. 3 The following provisions extend also to Scotland— section 50(14); section 286; sections 287, 288, and 291; section 302; paragraph 2 of Schedule 23; paragraphs 1, 2 and 5 of Schedule 27; paragraph 7 of Schedule 38. 4 Section 290 extends to Scotland only. 5 The following provisions extend also to Northern Ireland— Part 5; Part 7; sections 75 to 81; sections 84 to 93; sections 95 to 97; section 315; section 328; Schedule 5. Schedule 35. 6 The following provisions extend to Northern Ireland only— . . . sections 296 and 297; section 314; section 317; section 334(5). 7 The amendment or repeal of any enactment by any provision of— a Part 1, b section 285, c Part 2 of Schedule 3 (except as mentioned in subsection (8)), d Schedule 27, e Schedule 28, f Part 1 of Schedule 32, g Parts 1 to 4 and 6 of Schedule 36, and h Parts 1 to 4, 6 to 8, 10 and 12 of Schedule 37 (except as mentioned in subsection (9)), extends to the part or parts of the United Kingdom to which the enactment extends. 8 Paragraphs 29, 30, 31, 39, 41, 50, 53 and 63 of Schedule 3 do not extend to Northern Ireland. 9 The repeals in Part 4 of Schedule 37 relating to— a the Bankers' Books Evidence Act 1879 (c. 11), b the Explosive Substances Act 1883 (c. 3), c the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), d the Customs and Excise Management Act 1979 (c. 2), and e the Contempt of Court Act 1981 (c. 49), do not extend to Northern Ireland. 10 The provisions mentioned in subsection (11), so far as relating to proceedings before a particular service court, have the same extent as the Act under which the court is constituted. 11 Those provisions are— section 113 and Schedule 6; section 135 and Schedule 7. 12 Nothing in subsection (1) affects — a the extent of Chapter 7 of Part 12 so far as relating to sentences passed in respect of service offences within the meaning of the Armed Forces Act 2006 , or b the extent of section 299 and Schedule 30 so far as relating to the making of orders by, or orders made by, the Court Martial or the Court Martial Appeal Court . 12A Nothing in subsection (1) affects the extent of section 94; and section 384 of the Armed Forces Act 2006 applies in relation to section 94 of this Act as it applies in relation to that Act. 13 Any provision of this Act which— a relates to any enactment contained in— i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv the Court Martial Appeals Act 1968 (c. 20), or v . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi section 113 of the Police and Criminal Evidence Act 1984 (c. 60), vii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has the same extent as the enactment to which it relates. Channel Islands and Isle of Man 338 1 Subject to subsections (2) and (3), Her Majesty may by Order in Council extend any provision of this Act, with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man. 2 Subsection (1) does not authorise the extension to any place of a provision of this Act so far as the provision amends an enactment that does not itself extend there and is not itself capable of being extended there in the exercise of a power conferred on Her Majesty in Council. 3 Subsection (1) does not apply in relation to any provision that extends to the Channel Islands or the Isle of Man by virtue of any of subsections (10) to (13) of section 337. 4 Subsection (4) of section 330 applies to the power to make an Order in Council under subsection (1) as it applies to any power of the Secretary of State to make an order under this Act, but as if references in that subsection to the Minister making the instrument were references to Her Majesty in Council. Short title 339 This Act may be cited as the Criminal Justice Act 2003.