Part 2 |

Public Order Offences Incorporating the Charging Standard Updated 24 June 2010
Public Order Act 1986
RICE v CONNOLLY
Courts Act 2003
Crime and Disorder Act 1998
Video Recordings Act 2010
Prevention of Crimes Act 1871

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Public Order Offences Incorporating the Charging Standard Updated 24 June 2010

Introduction

The criminal law in respect of public order offences is intended to penalise the use of violence and/or intimidation by individuals or groups. The principal public order offences are contained in Part I of the Public Order Act 1986 (‘the Act’). Reference is also made to the offence of drunk and disorderly behaviour and offences involving emergency workers and disorderly behaviour on NHS premises, which prosecutors may consider as alternatives to the offences under the Public Order Act. This document provides guidance about the charge which should be preferred if the criteria set out in the the Code for Crown Prosecutors are met.
Charging Standard – Purpose

The charging standard below, gives guidance concerning the charge which should be preferred if the criteria set out in the Code for Crown Prosecutors are met. The purpose of charging standards is to make sure that the most appropriate charge is selected, in the light of the facts, which can be proved, at the earliest possible opportunity. Adoption of this standard should lead to a reduction in the number of times charges have to be amended which in turn should lead to an increase in efficiency and a reduction in avoidable extra work for the police, CPS and the courts.

The guidance set out in this charging standard:
should not be used in the determination of any investigatory decision, such as the decision to arrest;

does not override any guidance issued on the use of appropriate alternative forms of disposal short of charge, such as cautioning or conditional cautions;

does not override the principles set out in the Code for Crown Prosecutors;

does not override the need for consideration to be given in every case as to whether a charge/prosecution is in the public interest;

does not remove the need for each case to be considered on its individual merits or fetter the discretion to charge and to prosecute the most appropriate offence depending on the particular facts of the case.

This standard covers the following offences:

riot – section 1 of the Act; violent disorder – section 2 of the Act; affray – section 3 of the Act; using threatening, abusive or insulting words or behaviour causing fear of or provoking violence – section 4 of the Act; using threatening, abusive or insulting words or behaviour, or disorderly behaviour intending to and causing harassment, alarm or distress – section 4A of the Act; using threatening, abusive or insulting words or behaviour, or disorderly behaviour likely to cause harassment, alarm or distress – section 5 of the Act; drunk and disorderly behaviour (section 91 Criminal Justice Act 1967); bind overs Offences involving public disorder are often a precursor to, or part of, the commission of other offences. An offence under the Act may, for example, also lead to or involve an assault, unlawful possession of a weapon or the causing of criminal damage. Refer toAdditional Charges and Charge Selection elsewhere in this chapter for guidance on the selection of the appropriate number and type of charges in such cases.

General Charging practice

You should always have in mind the following general principles when selecting the appropriate charge(s): 1. the charge(s) should accurately reflect the extent of the accused’s alleged involvement and responsibility thereby allowing the courts the discretion to sentence appropriately; 2. the choice of charges should ensure the clear and simple presentation of the case particularly when there is more than one accused; 3. there should be no overloading of charges by selecting more charges than are necessary just to encourage the accused to plead guilty to a few; 4. there should be no overcharging by selecting a charge which is not supported by the evidence in order to encourage a plea of guilty to a lesser allegation. General Principle: Public Order Offences The purpose of public order law is to ensure that individual rights to freedom of speech and freedom of assembly are balanced against the rights of others to go about their daily lives unhindered.

Riot

(Archbold 29-4 to 29-9)

Under section 1 of the Act, it must be proved that: twelve or more persons present together used or threatened unlawful violence (all charged must use) for a common purpose; and that the conduct of them (taken together) was such as to cause a person of reasonable firmness present at the scene to fear for his personal safety. For a definition of unlawful violence – section 8 of the Act. (Archbold 29-38) For the requisite standard of mens rea – section 6 of the Act. (Archbold 29-35) Providing the above conditions are met each of the persons using unlawful violence for a common purpose is guilty of riot. Others can commit this offence by aiding, abetting, counselling or procuring the use of violence, e.g. encouraging, planning, directing or coordinating the activities of those involved in violent action. These should be charged as joint principals.

For additional assistance on drafting the indictment see (Tyler and Others 96 Cr App R. 332 (CA)). Charges under section 1 should only be used for the most serious cases usually linked to planned or spontaneous serious outbreaks of sustained violence Conduct which falls within the scope of this offence might have the one or more of the following characteristics: the normal forces of law and order have broken down due to the intensity of the attacks on police and other civilian authorities normal access by emergency services is impeded by mob activity due to the scale and ferocity of the disorder, severe disruption and fear is caused to members of the public the violence carries with it the potential for a significant impact upon a significant number of non-participants for a significant length of time organised or spontaneous large scale acts of violence on people and/or property An offence under section 1 is triable on indictment only. The maximum penalty on conviction is ten years’ imprisonment and/or a fine of unlimited amount.

A prosecution for riot or incitement to riot may be commenced only by, or with the consent of, the Director of Public Prosecutions (refer to Consents to Prosecute, elsewhere in this guidance). The decision to charge riot should be discussed with the Chief Crown Prosecutor (ACCP in London). CCPs (ACCPs in London) should notify the Director where any charge of riot is being pursued.
Violent Disorder

(Archbold 29-10 to 29-16)

An offence under section 2 is triable either way. It is difficult to see circumstances in which it would be appropriate to represent that charges brought under section 2 would be suitable for summary disposition. The maximum penalty on conviction on indictment is five years’ imprisonment and/or a fine of unlimited amount. On summary conviction the maximum penalty is six months’ imprisonment and/or a fine not exceeding level 5. Under section 2 of the Act, it must be proved that: three or more persons present together used or threatened unlawful violence so that the conduct of them (taken together) would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

For the requisite standard of mens rea – section 6 of the Act. (Archbold 29-35)
This offence should only be charged in relation to instances of serious disorder falling short of those elements required to establish an offence under section 1. Planning may be an important ingredient in a case of violent disorder but regard should be had for the potential of minor incidents to flare up into serious disorder sufficient to meet the requirements of this section.

The offence may be committed in a public or private place. The relevant conduct may be directed against a person or persons or against property.
Examples of the type of conduct which may be appropriate for a section 2 offence include: fighting between three or more people involving the use of weapons, between rival groups in a place to which members of the public have access (for example a town centre or a crowded bar) causing severe disruption and/or fear to members of the public an outbreak of violence which carries with it the potential for significant impact on a moderate scale on non-participants serious disorder at a public event where missiles are thrown and other violence is used against and directed towards the police and other civil authorities Whilst three or more persons must have been present and used or threatened unlawful violence, it is not necessary that three or more persons should actually be charged and prosecuted: (R v Mahroof (1988) 88 Cr App R 317) (R v Fleming & Robinson (1989) 153 JP 517). The charge must make clear, however, that the defendant was one of the three or more involved in the commission of the offence. The expression “present together” does not require any degree of co-operation between those who are using or threatening violence; all that is required is that they be present in the same place at the same time, R v NW, CA, 3 March 2010.

Affray

(Archbold 29-18 to 29-24)
An offence under section 3 is triable either way. The maximum penalty on conviction on indictment is three years’ imprisonment and/or a fine of unlimited amount. On summary conviction the maximum penalty is six months’ imprisonment and/or a fine not exceeding level 5.

Under section 3 of the Act, it must be proved that a person has used or threatened: unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety. The seriousness of the offence lies in the effect that the behaviour of the accused has on members of the public who may have been put in fear. There must be some conduct,beyond the use of words, which is threatening and directed towards a person or persons. Mere words are not enough. Violent conduct towards property alone is not sufficient for the purposes of an offence under section 3. For a definition of ‘violence’ in affray – section 8 of the Act (Archbold 29-38).

The offence may be committed in a public or private place.
The notional bystander test is explained in the case of (R v Sanchez [1996] Crim. L.R. 572CA), and asserts that the hypothetical bystander, rather than the victim, must be put in fear for his or her personal safety. Apart from the hypothetical bystander, there must be present a “victim” against whom the violence is to be directed (I & Others v DPP (2002) 1 AC 285 HL). The level of conduct appropriate for charges under Section 3 will often fall comfortably within the ambit of that anticipated within S4 POA. Affray should be considered in circumstances of serious and indiscriminate violence. Examples of the type of conduct appropriate for a Section 3 offence include:

A fight between two or more people in a place where members of the general public are present (for example in a public house, discotheque, restaurant or street) with a level of violence such as would put them in substantial fear (as opposed to passing concern) for their safety (even though the fighting is not directed towards them);

Indiscriminate throwing of objects directed towards a group of people in circumstances where serious injury is or is likely to be caused;

The wielding of a weapon of a type or in a manner likely to cause people substantial fear for their safety or a person armed with a weapon who, when approached by police officers, brandishes the weapon and threatens to use it against them;

Incidents within a dwelling should not be charged as affray merely because a lesser public order charge is not available. Offences of assault are likely to be more appropriate. Affray should be considered in circumstances analogous to those listed above where serious violence is used or threatened, and with due regard to the principles set out in R v Sanchez.

The accused must have intended to use or threaten violence; or have been aware that his conduct may be violent or may threaten violence.

The crown court is likely to be the more appropriate venue if a charge of affray is preferred. Offences contrary to sections 5, 4A, 4, of the Act and section 91 Criminal Justice Act 1967 There is an overlap in the conduct required to commit any one of these offences. To use this section of the Charging Guidance you should: consider which category the behaviour complained of falls into; and refer to the relevant paragraphs to identify which offence may be appropriate to charge and prosecute.

Elements required to prove offences contrary to s.91, CJA 1967, s.5, s.4a and s.4(1)(a) of the Public Order Act – disorderly behaviour Drunk and Disorderly contrary to Section 91 CJA 1967: disorderly behaviour Section 5 of the Act: threatening, abusive or insulting words or behaviour or disorderly behaviour Section 4A of the Act: threatening, abusive or insulting words or behaviour or disorderly behaviour Section 4(1)(a): threatening, abusive or insulting words or behaviour towards another person Drunk and Disorderly contrary to Section 91 CJA 1967: in any public place Section 5 of the Act:

in a public or private place (but not when confined to a dwelling house – see footnote)
Section 4A of the Act:

in a public or private place (but not when confined to a dwelling house – see footnote)
Section 4(1)(a):

in a public or private place (but not when confined to a dwelling house – see footnote)
Drunk and Disorderly contrary to Section 91 CJA 1967: while drunk
Section 5 of the Act:

With intention or awareness that behaviour may be disorderly; or with intention or awareness that such behaviour may be threatening, abusive or insulting
within the hearing or sight of a person likely to be caused harassment, alarm or distress
Section 4A of the Act:

with intent to cause and thereby causing harassment, alarm or distress
Section 4(1)(a):

Either: with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person or: with intent to provoke the immediate use of unlawful violence by that person or another
or: whereby that person is likely to believe that such violence will be used
or: it is likely that such violence will be provoked Note: Sections 4, 4A and 5 may take place in a public or private place. No offence under these sections is committed, however, if such conduct takes place inside a dwelling and the person to whom it is directed is inside that or another dwelling. The definition of a dwelling is set out in section 8 of the Act and discussed at (Archbold 29-38).

Section 4

(Archbold 29-25 to 29-33)
By virtue of section 4(2), section 4 can occur in a public and private place but not a dwelling. The definition of ‘dwelling’ is contained in section 8 of the Act (Archbold 29-38). Where common parts (a communal landing) were the means of access to living accommodation, they were not part of a dwelling, even though access was via an entry phone system, and were not part of the living area or home (Rukwira v DPP 1993 Crim.L.R 882).

The following types of conduct are examples which may at least be capable of amounting to threatening, abusive or insulting words or behaviour: threats made towards innocent bystanders or individuals carrying out public service duties; the throwing of missiles by a person taking part in a demonstration or other public gathering where no injury is caused; scuffles or incidents of violence or threats of violence committed in the context of a brawl (such as in or in the vicinity of a public house); incidents which do not justify a charge of assault where an individual is picked on by a gang. Conduct which may be capable of amounting to threatening, abusive or insulting words or behaviour for the purposes of an offence under section 4 will be more serious than that required under section 5 or section 4A.

By virtue of section 31(1)(a) of the Crime and Disorder Act 1998 (as amended by the Anti-Terrorism, Crime and Security Act 2001), section 4 is capable of being charged as a discrete racially or religiously aggravated offence. Prosecutors should refer to the CPS Guidance on Prosecuting Racist and Religious Crime, elsewhere in the Legal Guidance. Racially/religiously aggravated section 4 is an either way offence, with the maximum penalty on indictment being two years imprisonment or a fine or both. The maximum penalty on summary conviction being six months imprisonment or a fine not exceeding the statutory maximum, or both.

Section 4A

(Archbold 29-34 to 29-34a)
Section 4A carries a greater penalty than section 5 and is intended for the more directed and persistent type of behaviour required to prove the elements of intent and causation. The evidence of intention may be inferred from the targeting of a vulnerable victim. Because it carries an equal penalty to section 4, it may also be considered appropriate for violent conduct beyond the scope of that normally considered appropriate to section 5.

Where the conduct is directed towards an individual and is so persistent that a restraining order should be sought, then proceedings under section 2 or section 4 of the Protection from Harassment Act 1997 should be considered preferable to available offences under the Public Order Act 1986. By virtue of section 4(2), section 4A can occur in a public and private place but not a dwelling.

The definition of ‘dwelling’ is contained in section 8 of the Act (Archbold 29-38). Where common parts (a communal landing) were the means of access to living accommodation, they were not part of a dwelling, even though access was via an entry phone system, and were not part of the living area or home (Rukwira v DPP 1993 Crim.L.R 882). By virtue of section 31 of the Crime and Disorder Act 1998, section 4A is capable of being racially aggravated – refer to Racially Aggravated Offences. Racially aggravated section 4A is an either way offence, with the maximum penalty on indictment being two years imprisonment or a fine or both. The maximum penalty on summary conviction being six months imprisonment or a fine not exceeding the statutory maximum, or both.

By virtue of section 31(1)(b)of the Crime and Disorder Act 1998 (as amended by the Anti-Terrorism, Crime and Security Act 2001), section 4A is capable of being charged as a discrete racially or religiously aggravated offence. Prosecutors should refer to the CPS Guidance on Prosecuting Cases of Racist or Religious Crime, elsewhere in the Legal Guidance.

Section 5

(Stones 8-27724)
Whether behaviour can be properly categorised as disorderly is a question of fact. Disorderly behaviour does not require any element of violence, actual or threatened; and it includes conduct that is not necessarily threatening, abusive or insulting. It is not necessary to prove any feeling of insecurity, in an apprehensive sense, on the part of a member of the public (Chambers and Edwards v DPP [1995] Crim LR 896). The following types of conduct are examples, which may at least be capable of amounting to disorderly behaviour:
causing a disturbance in a residential area or common part of a block of flats;
persistently shouting abuse or obscenities at passers-by; pestering people waiting to catch public transport or otherwise waiting in a queue; rowdy behaviour in a street late at night which might alarm residents or passers-by, especially those who may be vulnerable, such as the elderly or members of an ethnic minority group; causing a disturbance in a shopping precinct or other area to which the public have access or might otherwise gather; bullying.

Section 5 should be used in cases which amount to less serious incidents of anti-social behaviour. Where violence has been used, it is not normally appropriate to charge an offence under section 5 unless the physical behaviour amounts merely to pushing or undirected lashing out of a type likely to cause no more than a glancing blow, minor bruising or grazing. Such conduct may also be classified as disorderly and suitable for a charge under section 91 CJA 1967 in appropriate circumstances.

There must be a person within the sight or hearing of the suspect who is likely to be caused harassment, alarm or distress by the conduct in question. A police officer may be such a person, but remember that this is a question of fact to be decided in each case by the magistrates. In determining this, the magistrates may take into account the familiarity which police officers have with the words and conduct typically seen in incidents of disorderly conduct. (DPP v Orum [1988] Crim LR 848)

Although the existence of a person who is caused harassment alarm and distress must be proved, there is no requirement that they actually give evidence. In appropriate cases, the offence may be proved on a police officer’s evidence alone.

Police officers are aware of the difficult balance to be struck in dealing with those whose behaviour may be perceived by some as exuberant high spirits but by others as disorderly. In such cases informal methods of disposal may be appropriate and effective; but if this approach fails and the disorderly conduct continues then criminal proceedings may be necessary. In deciding whether a charge under section 5 is appropriate, the nature of the conduct must be considered in light of the penalty that the suspect is likely to receive on conviction. Where there is reliable evidence that the accused was drunk in a public place at the time of the alleged offence to the extent that the accused had lost the power of self control, a charge of drunk and disorderly behaviour should be preferred where otherwise a section 5 charge would be appropriate.

By virtue of section 31(1)(c)of the Crime and Disorder Act 1998 (as amended by the Anti-Terrorism, Crime and Security Act 2001), section 5 is capable of being charged as a discrete racially or religiously aggravated offence, refer to CPS Guidance on Prosecuting Cases of Racist and Religious Crime, elsewhere in the Legal Guidance. Racially/religiously aggravated section 5 is a summary only offence, with the maximum penalty being a fine not exceeding level 4 on the standard scale. By virtue of Schedule 7 of the Serious Organised Crime and Police Act 2005, section 5 is capable of being an arrestable offence if the criteria in section 24A PACE (as amended by section 110 ‘SOCAP’ Act 2005) is satisfied.

http://www.cps.gov.uk/legal/p_to_r/public_order_offences/#Offences_Contrary

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Public Order Act 1986

1986 CHAPTER 64

An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide for the exclusion of certain offenders from sporting events; to create a new offence relating to the contamination of or interference with goods; to confer power to direct certain trespassers to leave land; to amend section 7 of the Conspiracy and Protection of Property Act 1875, section 1 of the Prevention of Crime Act 1953, Part V of the Criminal Justice (Scotland) Act 1980 and the Sporting Events (Control of Alcohol etc.) Act 1985; to repeal certain obsolete or unnecessary enactments; and for connected purposes.

[7th November 1986]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I – New Offences

Section 1 Riot.

(1) Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.

(2) It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.

(3) The common purpose may be inferred from conduct.

(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(5) Riot may be committed in private as well as in public places.

(6) A person guilty of riot is liable on conviction on indictment to imprisonment for a term not exceeding ten years or a fine or both.

Section 2 – Violent disorder.

(1) Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.

(2) It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.

(3) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(4) Violent disorder may be committed in private as well as in public places.

(5) A person guilty of violent disorder is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

Section 3 – Affray.

(1) A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

(2) Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).

(3) For the purposes of this section a threat cannot be made by the use of words alone.

(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(5) Affray may be committed in private as well as in public places.

(6) A constable may arrest without warrant anyone he reasonably suspects is committing affray.

(7) A person guilty of affray is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

Section 4 – Fear or provocation of violence.

(1) A person is guilty of an offence if he—

(a) uses towards another person threatening, abusive or insulting words or behaviour, or

(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.

(3) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.

(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

F1 Section 4A – Intentional harassment, alarm or distress.

(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—

(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress.

(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.

(3) It is a defence for the accused to prove—

(a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or

(b) that his conduct was reasonable.

(4) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.

(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.]

Annotations:

Amendments (Textual)
F1S. 4A inserted (3.2.1995) by 1994 c. 33, s. 154; S.I. 1995/127, art. 2, Sch. 1

Section 5 – Harassment, alarm or distress.

(1) A person is guilty of an offence if he—

(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or

(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.

(3) It is a defence for the accused to prove—

(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or

(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or

(4) A constable may arrest a person without warrant if—

(a) he engages in offensive conduct which [F2a] constable warns him to stop, and

(b) he engages in further offensive conduct immediately or shortly after the warning.

(5) In subsection (4) “offensive conduct” means conduct the constable reasonably suspects to constitute an offence under this section, and the conduct mentioned in paragraph (a) and the further conduct need not be of the same nature.

(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations:
Amendments (Textual)
F2S. 5(4)(a): by 1996 c. 59, s. 1 it is provided in s. 5(4)(a) the word “the” shall be amended by being left out the word “a” inserted

Section 6 – Mental element: miscellaneous.

(1) A person is guilty of riot only if he intends to use violence or is aware that his conduct may be violent.

(2) A person is guilty of violent disorder or affray only if he intends to use or threaten violence or is aware that his conduct may be violent or threaten violence.

(3) A person is guilty of an offence under section 4 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting.

(4) A person is guilty of an offence under section 5 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting or (as the case may be) he intends his behaviour to be or is aware that it may be disorderly.

(5) For the purposes of this section a person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.

(6) In subsection (5) “intoxication” means any intoxication, whether caused by drink, drugs or other means, or by a combination of means.

(7) Subsections (1) and (2) do not affect the determination for the purposes of riot or violent disorder of the number of persons who use or threaten violence.

Section 7 – Procedure: miscellaneous.

(1) No prosecution for an offence of riot or incitement to riot may be instituted except by or with the consent of the Director of Public Prosecutions.

(2) For the purposes of the rules against charging more than one offence in the same count or information, each of sections 1 to 5 creates one offence.

(3) If on the trial on indictment of a person charged with violent disorder or affray the jury find him not guilty of the offence charged, they may (without prejudice to section 6(3) of the M1Criminal Law Act 1967) find him guilty of an offence under section 4.

(4) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (3) convicted before it of an offence under section 4 as a magistrates’ court would have on convicting him of the offence.

Annotations:
Marginal Citations
M11967 c. 58.

Section 8 – Interpretation.

In this Part—
“dwelling” means any structure or part of a structure occupied as a person’s home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose “structure” includes a tent, caravan, vehicle, vessel or other temporary or movable structure;
“violence” means any violent conduct, so that—

(a) except in the context of affray, it includes violent conduct towards property as well as violent conduct towards persons, and

(b) it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a missile of a kind capable of causing injury which does not hit or falls short).

Section 9 – Offences abolished.

(1) The common law offences of riot, rout, unlawful assembly and affray are abolished.

(2) The offences under the following enactments are abolished—

(a) section 1 of the M2Tumultuous Petitioning Act 1661 (presentation of petition to monarch or Parliament accompanied by excessive number of persons),

(b) section 1 of the M3Shipping Offences Act 1793 (interference with operation of vessel by persons riotously assembled),

(c) section 23 of the M4Seditious Meetings Act 1817 (prohibition of certain meetings within one mile of Westminster Hall when Parliament sitting), and

(d) section 5 of the M5Public Order Act 1936 (conduct conducive to breach of the peace).

Annotations:
Marginal Citations
M21661 c. 5.
M31793 c. 67.
M41817 c. 19.
M51936 c. 6.

Section 10 – Construction of other instruments.

(1) In the M6Riot (Damages) Act 1886 F3. . . (compensation for riot damage) “riotous” and “riotously” shall be construed in accordance with section 1 above.

(2) In Schedule 1 to the M7Marine Insurance Act 1906 (form and rules for the construction of certain insurance policies) “rioters” in rule 8 and “riot” in rule 10 shall, in the application of the rules to any policy taking effect on or after the coming into force of this section, be construed in accordance with section 1 above unless a different intention appears.

(3) “Riot” and cognate expressions in any enactment in force before the coming into force of this section (other than the enactments mentioned in subsections (1) and (2) above) shall be construed in accordance with section 1 above if they would have been construed in accordance with the common law offence of riot apart from this Part.

(4) Subject to subsections (1) to (3) above and unless a different intention appears, nothing in this Part affects the meaning of “riot” or any cognate expression in any enactment in force, or other instrument taking effect, before the coming into force of this section.

Annotations:
Amendments (Textual)
F3Words in s. 10(1) repealed (1.1.1996) 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s 312(1), Sch. 14 para. 1)
Marginal Citations
M61886 c. 38.
M71906 c. 41.

Part II Processions and Assemblies

Section 11 Advance notice of public processions.

(1) Written notice shall be given in accordance with this section of any proposal to hold a public procession intended—

(a) to demonstrate support for or opposition to the views or actions of any person or body of persons,

(b) to publicise a cause or campaign, or

(c) to mark or commemorate an event,
unless it is not reasonably practicable to give any advance notice of the procession.

(2) Subsection (1) does not apply where the procession is one commonly or customarily held in the police area (or areas) in which it is proposed to be held or is a funeral procession organised by a funeral director acting in the normal course of his business.

(3) The notice must specify the date when it is intended to hold the procession, the time when it is intended to start it, its proposed route, and the name and address of the person (or of one of the persons) proposing to organise it.

(4) Notice must be delivered to a police station—

(a) in the police area in which it is proposed the procession will start, or

(b) where it is proposed the procession will start in Scotland and cross into England, in the first police area in England on the proposed route.

(5) If delivered not less than 6 clear days before the date when the procession is intended to be held, the notice may be delivered by post by the recorded delivery service; but section 7 of the M1Interpretation Act 1978 (under which a document sent by post is deemed to have been served when posted and to have been delivered in the ordinary course of post) does not apply.

(6) If not delivered in accordance with subsection (5), the notice must be delivered by hand not less than 6 clear days before the date when the procession is intended to be held or, if that is not reasonably practicable, as soon as delivery is reasonably practicable.

(7) Where a public procession is held, each of the persons organising it is guilty of an offence if—

(a) the requirements of this section as to notice have not been satisfied, or

(b) the date when it is held, the time when it starts, or its route, differs from the date, time or route specified in the notice.

(8) It is a defence for the accused to prove that he did not know of, and neither suspected nor had reason to suspect, the failure to satisfy the requirements or (as the case may be) the difference of date, time or route.

(9) To the extent that an alleged offence turns on a difference of date, time or route, it is a defence for the accused to prove that the difference arose from circumstances beyond his control or from something done with the agreement of a police officer or by his direction.

(10) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations:
Marginal Citations
M11978 c. 30.

Section 12 – Imposing conditions on public processions.

(1) If the senior police officer, having regard to the time or place at which and the circumstances in which any public procession is being held or is intended to be held and to its route or proposed route, reasonably believes that—

(a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or

(b) the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,
he may give directions imposing on the persons organising or taking part in the procession such conditions as appear to him necessary to prevent such disorder, damage, disruption or intimidation, including conditions as to the route of the procession or prohibiting it from entering any public place specified in the directions.

(2) In subsection (1) “the senior police officer” means—

(a) in relation to a procession being held, or to a procession intended to be held in a case where persons are assembling with a view to taking part in it, the most senior in rank of the police officers present at the scene, and

(b) in relation to a procession intended to be held in a case where paragraph (a) does not apply, the chief officer of police.

(3) A direction given by a chief officer of police by virtue of subsection (2)(b) shall be given in writing.

(4) A person who organises a public procession and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.

(5) A person who takes part in a public procession and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.

(6) A person who incites another to commit an offence under subsection (5) is guilty of an offence.

(7) A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (4), (5) or (6).

(8) A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(9) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) A person guilty of an offence under subsection (6) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of the M2Magistrates’ Courts Act 1980 (inciter liable to same penalty as incited).

(11) In Scotland this section applies only in relation to a procession being held, and to a procession intended to be held in a case where persons are assembling with a view to taking part in it.

Annotations:
Marginal Citations
M21980 c. 43.

Section 13 – Prohibiting public processions.

(1) If at any time the chief officer of police reasonably believes that, because of particular circumstances existing in any district or part of a district, the powers under section 12 will not be sufficient to prevent the holding of public processions in that district or part from resulting in serious public disorder, he shall apply to the council of the district for an order prohibiting for such period not exceeding 3 months as may be specified in the application the holding of all public processions (or of any class of public procession so specified) in the district or part concerned.

(2) On receiving such an application, a council may with the consent of the Secretary of State make an order either in the terms of the application or with such modifications as may be approved by the Secretary of State.

(3) Subsection (1) does not apply in the City of London or the metropolitan police district.

(4) If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that, because of particular circumstances existing in his police area or part of it, the powers under section 12 will not be sufficient to prevent the holding of public processions in that area or part from resulting in serious public disorder, he may with the consent of the Secretary of State make an order prohibiting for such period not exceeding 3 months as may be specified in the order the holding of all public processions (or of any class of public procession so specified) in the area or part concerned.

(5) An order made under this section may be revoked or varied by a subsequent order made in the same way, that is, in accordance with subsections (1) and (2) or subsection (4), as the case may be.

(6) Any order under this section shall, if not made in writing, be recorded in writing as soon as practicable after being made.

(7) A person who organises a public procession the holding of which he knows is prohibited by virtue of an order under this section is guilty of an offence.

(8) A person who takes part in a public procession the holding of which he knows is prohibited by virtue of an order under this section is guilty of an offence.

(9) A person who incites another to commit an offence under subsection (8) is guilty of an offence.

(10) A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (7), (8) or (9).

(11) A person guilty of an offence under subsection (7) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(12) A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13) A person guilty of an offence under subsection (9) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of the M3Magistrates’ Courts Act 1980.

Annotations:
Marginal Citations
M31980 c. 43.

Section 14 – Imposing conditions on public assemblies.

(1) If the senior police officer, having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held, reasonably believes that—

(a) it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or

(b) the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do, he may give directions imposing on the persons organising or taking part in the assembly such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to him necessary to prevent such disorder, damage, disruption or intimidation.

(2) In subsection (1) “the senior police officer” means—

(a) in relation to an assembly being held, the most senior in rank of the police officers present at the scene, and

(b) in relation to an assembly intended to be held, the chief officer of police.

(3) A direction given by a chief officer of police by virtue of subsection (2)(b) shall be given in
writing.

(4) A person who organises a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.

(5) A person who takes part in a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.

(6) A person who incites another to commit an offence under subsection (5) is guilty of an offence.

(7) A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (4), (5) or (6).

(8) A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(9) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations:
Marginal Citations
M41980 c. 43.

F1 Section 14A – Prohibiting trespassory assemblies.

(1) If at any time the chief officer of police reasonably believes that an assembly is intended to be held in any district at a place on land to which the public has no right of access or only a limited right of access and that the assembly—

(a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public’s right of access, and

(b) may result—

(i) in serious disruption to the life of the community, or

(ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument,
he may apply to the council of the district for an order prohibiting for a specified period the holding of all trespassory assemblies in the district or a part of it, as specified.

(2) On receiving such an application, a council may—

(a) in England and Wales, with the consent of the Secretary of State make an order either in the terms of the application or with such modifications as may be approved by the Secretary of State; or

(b) in Scotland, make an order in the terms of the application.

(3) Subsection (1) does not apply in the City of London or the metropolitan police district.

(4) If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that an assembly is intended to be held at a place on land to which the public has no right of access or only a limited right of access in his police area and that the assembly—

(b) may result—

(i) in serious disruption to the life of the community, or

(ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument,
he may with the consent of the Secretary of State make an order prohibiting for a specified period the holding of all trespassory assemblies in the area or a part of it, as specified.

(5) An order prohibiting the holding of trespassory assemblies operates to prohibit any assembly which—

(a) is held on land to which the public has no right of access or only a limited right of access, and

(b) takes place in the prohibited circumstances, that is to say, without the permission of the occupier of the land or so as to exceed the limits of any permission of his or the limits of the public’s right of access.

(6) No order under this section shall prohibit the holding of assemblies for a period exceeding 4 days or in an area exceeding an area represented by a circle with a radius of 5 miles from a specified centre.

(7) An order made under this section may be revoked or varied by a subsequent order made in the same way, that is, in accordance with subsection (1) and (2) or subsection (4), as the case may be.

(8) Any order under this section shall, if not made in writing, be recorded in writing as soon as practicable after being made.

(9) In this section and sections 14B and 14C—
“assembly” means an assembly of 20 or more persons;
“land” means land in the open air;
“limited”, in relation to a right of access by the public to land, means that their use of it is restricted to use for a particular purpose (as in the case of a highway or road) or is subject to other restrictions;
“occupier” means—

(a) in England and Wales, the person entitled to possession of the land by virtue of an estate or interest held by him; or

(b) in Scotland, the person lawfully entitled to natural possession of the land,
and in subsections (1) and (4) includes the person reasonably believed by the authority applying for or making the order to be the occupier;
“public” includes a section of the public; and
“specified” means specified in an order under this section.

(10) In relation to Scotland, the references in subsection (1) above to a district and to the council of the district shall be construed—

(a) as respects applications before 1st April 1996, as references to the area of a regional or islands authority and to the authority in question; and

(b) as respects applications on and after that date, as references to a local government area and to the council for that area.

(11) In relation to Wales, the references in subsection (1) above to a district and to the council of the district shall be construed, as respects applications on and after 1st April 1996, as references to a county or county borough and to the council for that county or county borough.]

Annotations:
Amendments (Textual)
F1S. 14A inserted (3.11.1994) by 1994 c. 33 ss. 70, 172(4)

F2 Section 14B – Offences in connection with trespassory assemblies and arrest therefor.

(1) A person who organises an assembly the holding of which he knows is prohibited by an order under section 14A is guilty of an offence.

(2) A person who takes part in an assembly which he knows is prohibited by an order under section 14A is guilty of an offence.

(3)In England and Wales, a person who incites another to commit an offence under subsection

(2) is guilty of an offence.

(4)A constable in uniform may arrest without a warrant anyone he reasonably suspects to be committing an offence under this section.

(5) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

(6) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) A person guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of the M5Magistrates’ Courts Act 1980.

(8) Subsection (3) above is without prejudice to the application of any principle of Scots Law as respects art and part guilt to such incitement as is mentioned in that subsection.]

Annotations:
Amendments (Textual)
F2S. 14B inserted (3.11.1994) by 1994 c. 33, ss. 70, 172(4)
Marginal Citations
M51980 c. 43.

F3 Section 14C – Stopping persons from proceeding to trespassory assemblies.

(1) If a constable in uniform reasonably believes that a person is on his way to an assembly within the area to which an order under section 14A applies which the constable reasonably believes is likely to be an assembly which is prohibited by that order, he may, subject to subsection (2) below—

(a) stop that person, and

(b) direct him not to proceed in the direction of the assembly.

(2) The power conferred by subsection (1) may only be exercised within the area to which the order applies.

(3) A person who fails to comply with a direction under subsection (1) which he knows has been given to him is guilty of an offence.

(4) A constable in uniform may arrest without a warrant anyone he reasonably suspects to be committing an offence under this section.

(5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Annotations:
Amendments (Textual)
F3S. 14C inserted (3.11.1994) by 1994 c. 33, ss. 71, 172(4)

Section 15 – Delegation.

(1) The chief officer of police may delegate, to such extent and subject to such conditions as he may specify, any of his functions under sections 12 to [F414A] to [F5an] assistant chief constable; and references in those sections to the person delegating shall be construed accordingly.

(2) Subsection (1) shall have effect in the City of London and the metropolitan police district as if “ [F5an] assistant chief constable” read “an assistant commissioner of police”.

Annotations:
Amendments (Textual)
F4Word in s. 15 substituted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 60; 1998/277, art. 3
F5Words in s. 15 substituted (1.4.1995) by 1994 c. 29, s. 44, Sch. 5 Pt. II para. 37; 1994/3262, art. 4, Sch.

Section 16 – Interpretation.

In this Part—
“the City of London” means the City as defined for the purposes of the Acts relating to the City of London police;
“the metropolitan police district” means that district as defined in section 76 of the M6London Government Act 1963;
“public assembly” means an assembly of 20 or more persons in a public place which is wholly or partly open to the air;
“public place” means—

(a) any highway, or in Scotland any road within the meaning of the M7Roads (Scotland) Act 1984, and

(b) any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;
“public procession” means a procession in a public place.

Annotations:
Marginal Citations
M61963 c. 33.
M71984 c. 54.

http://www.legislation.gov.uk/ukpga/1986/64/contents

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RICE v CONNOLLY

QUEEN’S BENCH DIVISION

[1966] 2 QB 414, [1966] 2 All ER 649, [1966] 3 WLR 17, 130 JP 322

HEARING-DATES: 3 May 1966

3 May 1966

CATCHWORDS:
Criminal Law — Obstructing constable when in the execution of his duty — Refusal to answer questions — Whether wilful obstruction — Police
Act 1964 (c. 48), s. 51 (3).

HEADNOTE:
The appellant was seen by police officers in the early hours of the morning behaving suspiciously in an area where on the same night breaking
offences had taken place. On being questioned he refused to say where he was going or where he had come from. He refused to give his full
name and address, though he did give a name and the name of a road, which were not untrue. He refused to accompany the police to a police
box for identification purposes, saying, “If you want me, you will have to arrest me”. He was arrested and charged with wilfully obstructing the
police contrary to s. 51 (3) * of the Act of 1964. On appeal it was conceded that “wilfully” imported something done without lawful excuse.

* Section 51 (3), so far as material, provides: “Any person who… wilfully obstructs a constable in the execution of his duty… shall be guilty of
an offence…”

Held: although every citizen had a moral or social duty to assist the police, there was no relevant legal duty to that effect in the circumstances
of the present case, and the appellant had been entitled to decline to answer the questions put to him and (prior to his arrest) to accompany
the police officer on request to the police box to establish identity; accordingly, in the circumstances, “wilful obstruction” by the appellant was
not established, although he had been obstructive, because no obstruction without lawful excuse had been established (see p. 652, letters D
and I, post).

Meaning of “obstruction” stated in Hinchcliffe v. Sheldon ([1955] 3 All E.R. at p. 408, letter F) applied.

Per JAMES, J.: I would not go so far as to say that there may not be circumstances in which the manner of a person together with his silence
could amount to an obstruction of the police within s. 51 (3) of the Police Act 1964 (see p. 652, letter I, to p. 653, letter A, post).

Appeal allowed.

NOTES:
There is real distinction between a case where there is merely a refusal to answer questions and a case where false information in given (see p.
652, letters B and C, post).

As to obstructing the police in the execution of their duty, see 10 HALSBURY’S LAWS (3rd Edn.) 634, para. 1207; and for cases on the subject,
see 15 DIGEST (Repl.) 853, 854, 8213-8219.

As to a constable’s right to assistance from private persons, see 30 HALSBURY’S LAWS (3rd Edn.) 142, 143, para. 231.

For the Police Act 1964, s. 51, see 44 HALSBURY’S STATUTES (2nd Edn.) 924.

CASES-REF-TO:

Hinchcliffe v. Sheldon, [1955] 3 All E.R. 406; [1955] 1 W.L.R. 1017; 120 J.P. 13; 15 Digest (Repl.) 854, 8217.

INTRODUCTION:
Case Stated. This was a Case Stated by W. A. SIME, ESQ., Q.C., in respect of his adjudication as Recorder of Grimsby Brough Quarter Sessions
sitting at Grimsby on May 20, 1965. On that day the appellant, Leonard Rice, appeared before the recorder on appeal against a certain
conviction at the Grimsby Borough Magistrates’ Court on an information laid by the respondent, Thomas Connolly, an inspector of police, for
having on Mar. 8, 1965, in Victor Street in the county borough of Grimsby wilfully obstructed Oliver Baillie a constable of the Grimsby Borough
Police Force in the due execution of his duty, contrary to s. 51 (3) of the Police Act 1964. The conduct alleged to amount to obstruction
included refusing to accompany the constable to a police box for identification. The recorder dismissed the appeal and the appellant being
dissatisfied with the said determination of his appeal as being erroneous in point of law requested the recorder to state a Case for the opinion of
the High Court. The facts are summarised in the judgment of LORD PARKER, C.J.

The contentions before the recorder were as follows. For the appellant it was contended that although a police officer acting in the execution
of his duty was entitled to ask a citizen questions, including questions as to his name and address, there was no legal duty on the citizen, in
the absence of some obligation imposed by statute (and there was no such statute applicable in the present case) to answer such questions,
nor in the absence of some statutory duty (and there was none in the present case) was there any duty on a citizen to accompany a police
officer anywhere in order that his identity might be investigated; the citizen had a right to refuse to answer the questions put to him by the
constable and to refuse to accompany him to the police box; it followed, so it was contended, that the constable could not lawfully require
answers to his questions and could not lawfully require the appellant to accompany him to the police box and that the appellant’s conduct had
not amounted to an obstruction of the constable in the execution of his duty. For the respondent it was contended that at common law the
citizen had a duty to assist the police in the investigation of crime and that there was therefore a legal duty on the appellant to answer the
constable’s questions and to accompany him to the police box for the purpose stated, that the appellant had not discharged that legal duty and
that he had, therefore, obstructed the constable in the execution of his duty.

The recorder’s opinion is set out at p. 651, letter D, post. The question of law for the opinion of the High Court was whether the recorder was
right in finding that the conduct of the appellant amounted to a wilful obstruction of the constable in the due execution of his duty.

COUNSEL:
Geoffrey Lane, Q.C., and E. F. Jowitt for the appellant.H. A. Skinner, Q.C., and David Barker for the respondent.

PANEL: Lord Parker, C.J., Marshall and James, JJ.

JUDGMENTBY-1: LORD PARKER, C.J.

JUDGMENT-1:
LORD PARKER, C.J.: In the early hours of the morning n(1) of Mar. 8, 1965, Police Constable Baillie was out on patrol duty on his pedal cycle in
and around Oxford Street, Grimsby. A number of breaking offences had been committed that night, and the officer was looking out to see if he
could see anyone behaving suspiciously. One indeed of these breakings had been committed quite close to where he was, within the previous
forty-five minutes. He saw a man who turned out to be the appellant behaving suspiciously, looking into shop windows, looking round, seeing
the constable and moving up a side street, coming back later from the side street and going along looking at further shops, and keeping a wary
eye on the constable. A time came when Police Constable Baillie, who had by then been joined by another police constable, went up and
stopped the appellant. Police Constable Baillie asked where he was going, and the appellant ignored the inquiry, though he heard it. The police
constable again asked him where he was going and where he had come from and for his name and address, whereupon the appellant replied:
“Give me a good reason why I should”. In due course the appellant was allowed to walk away, and when he had got a little distance away he
stopped to light his pipe; the police officers then saw that he had got a cut on his finger. They went up to him again, and again Police
Constable Baillie asked for his name and address. After again being asked a second time, he merely replied: “Rice, Convamore Road”. That
incidentally was true as far as it went. The police constable said that he wanted his full name and address, and the appellant refused to give it.
Finally the police constable asked the appellant to accompany him to a police box to confirm his identity, whereupon the appellant replied:
“Look, son, I am not moving from this spot. If you want me you will have to arrest me”; thereupon the police constable arrested him and gave
as the ground for arrest that he had obstructed him in the execution of his duty in that he refused to say where he was going, where he had
come from and had refused to give his full name and address, and had refused to accompany him to the police box. Those were the facts as
found by the recorder, with these additions, that throughout the appellant’s manner had been sarcastic and awkward, that when, long after the
arrest, he was seen by an inspector, the appellant said:

n(1) The time was about 12.45 a.m.

“I have been arrested. You cannot de-arrest me. It might be worth a bob or two to me. I’ve done nothing wrong. I am arrested, what are you
going to do?”
Lastly it is found that in fact the appellant never was charged with any of the breaking offences in the neighbourhood, nor were there ever any
grounds for suspecting that he was guilty of any of them. It was in those circumstances that the recorder expressed his decision in these
terms:

“I was of the opinion that on the facts as stated above and having regard to those set out in para. [5] (vii) [i.e., the remarks made after arrest
to the inspector] the appellant had deliberately intended to distract Police Constable Baillie from his duties and had thereby wilfully obstructed
Police Constable Baillie in the due execution of his duty and was guilty of the offence charged. I therefore dismiss the appeal.”
The question left for the opinion of the court is whether the recorder was right in finding that the conduct of the appellant on the facts stated
amounted to a wilful obstruction of the police constable in the due execution of his duty.

The statute creating the alleged offence in this case is s. 51 (3) of the Police Act 1964, which increases the penalties for assaults on police
constables and obstruction of them in the execution of their duty, but otherwise preserves largely as offences those which appeared in earlier
legislation n(2). What the prosecution have to prove is that there was an obstructing of a constable, that the constable was at the time acting
in the execution of his duty, and that the person obstructing did so wilfully. To carry the matter a little further, it is in my view clear that to
“obstruct” in s. 51 (3) is to do any act which makes it more difficult for the police to carry out their duty. That description of obstructing I take
from the case of Hinchcliffe v. Sheldon n(3). It is also in my judgment clear that it is part of the obligations and duties of a police constable to
take all steps which appear to him necessary for keeping the peace, for preventing crime or for protecting property from criminal injury. There is
no exhaustive definition of the powers and obligations of the police, but they are at least those, and they would further include the duty to
detect crime and to bring an offender to justice.

n(2) See s. 12 of the Prevention of Crime Act, 1871, as amended by s. 2 of the Prevention of Crimes Amendment Act, 1885; 5 HALSBURY’S
STATUTES (2nd Edn.) 873, 915. Both s. 12 and the Act of 1885 are repealed by s. 64 (3) of, and Sch. 10 to, the Police Act 1964. Assaults on
constables are rendered offences by s. 51 of the Act of 1964. The extension of the offence of assult, enacted in s. 12 of the Act of 1871, to
wilfully obstructing a constable in the execution of his duty (which extension was enacted by s. 2 of the Act of 1885) is re-enacted in s. 51 (3)
of the Act of 1964.

n(3) [1955] 3 All E.R. 406 at p. 408, letter F, per LORD GODDARD, C.J.

It is quite clear that the appellant was making it more difficult for the police to carry out their duties, and that the police at the time and
throughout were acting in accordance with their duties. The only remaining element of the alleged offence, and the one on which in my
judgment this case depends, is whether the obstructing of which the appellant was guilty was a wilful obstruction. “Wilful” in this context in my
judgment means not only “intentional” but also connotes something which is done without lawful excuse, and that indeed is conceded by
counsel who appears for the prosecution in this case. Accordingly, the sole question here is whether the appellant had a lawful excuse for
refusing to answer the questions put to him. In my judgment he had. It seems to me quite clear that though every citizen has a moral duty or,
if you like, a social duty to assist the police, there is no legal duty to that effect, and indeed the whole basis of the common law is that right of
the individual to refuse to answer questions put to him by persons in authority, and a refusal to accompany those in authority to any particular
place, short, of course, of arrest. Counsel for the respondent has pointed out that it is undoubtedly an obstruction, and has been so held, for a
person questioned by the police to tell a “cock-and-bull” story, to put the police off by giving them false information, and I think he would say:
well, what is the real distinction, it is very little away from giving false information to giving no information at all; if that does in fact make it
more difficult for the police to carry out their duties then there is a wilful obstruction. In my judgment there is all the difference in the world
between deliberately telling a false story, something which on no view a citizen has a right to do, and preserving silence or refusing to answer,
something which he has every right to do. Accordingly, in my judgment, looked on in that perfectly general way, it was not shown that the
refusal of the appellant to answer the questions or to accompany the police officer in the first instance to the police box was an obstruction
without lawful excuse.

I would add this, that for my part I have very grave doubt whether the recorder was approaching the case on that basis. I think that the
recorder had in mind that though the appellant had a perfect right to refuse to answer questions, his whole conduct in this instance and the
answers he did give were such as to be a deliberate obstruction to the police. I say that for this reason, that he went out of his way to find
that the appellant’s manner throughout was sarcastic and awkward. He went on to recite that extraordinary attitude taken up by the appellant
after arrest, in the conversation with the police inspector, and finally he said in his opinion that the appellant had deliberately intended to
distract Police Constable Baillie from his duties. I cannot help feeling that the recorder here was giving full effect to the law as I understand it
to be, but also was saying that the appellant’s whole attitude and behaviour amounted to a distracting of the police constable from his duties.
However, there are certain difficulties in this in that neither counsel before us today has suggested that that is the true view of the recorder’s
decision in this case, and indeed counsel for the respondent has invited us to deal with the matter on the more general basis. Finally, I do see
myself difficulties in upholding the recorder’s decision on that ground, if that be the true ground of his decision. In the first place it would require
conduct going further than what happened in this case to establish an obstruction, and secondly one of the matters, and apparently an
important matter in the recorder’s view, was the appellant’s behaviour after his arrest, in front of the inspector; this was something long after
the event, which could not be evidence of the awkward behaviour, if it was awkward, of the appellant at the time of the incident itself. In
these circumstances I have come to the conclusion that this appeal succeeds.

JUDGMENTBY-2: MARSHALL, J.

JUDGMENT-2:
MARSHALL, J.: I agree. In order to uphold this conviction it appears to me that one has to assent to the proposition that where a citizen is
acting merely within his legal rights, he is thereby committing a criminal offence. I cannot see that the manner in which he does it can make any
difference whatsoever, and for the reasons given by LORD PARKER, C.J., I agree that this appeal should be allowed.

JUDGMENTBY-3: JAMES, J.

JUDGMENT-3:
JAMES, J.: For the reasons given by LORD PARKER, C.J., I also agree that this appeal should be allowed. For my own part I would only add this,
that I would not go so far as to say that there may not be circumstances in which the manner of a person together with his silence could
amount to an obstruction within the section; whether they do remains to be decided in any case that happens hereafter, not in this case, in
which it has not been argued.

DISPOSITION:
Appeal allowed. Conviction quashed.

SOLICITORS:
Middleton, Lewis & Co., agents for H. K. & H. S. Bloomer & Co., Great Grimsby (for the appellant); Sharpe, Pritchard & Co., agents for Town
Clerk, Great Grimsby (for the respondent).

http://www.hrcr.org/safrica/arrested_rights/Rice_Connolly.htm

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Courts Act 2003

2003 CHAPTER 39

An Act to make provision about the courts and their procedure and practice; about judges and magistrates; about fines and the enforcement processes of the courts; about periodical payments of damages; and for connected purposes.

[20th November 2003]

Part 1

Maintaining the court system

The general duty

1 The general dutyE+W

(1)The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—

(a)the Supreme Court,

[F2(aa)the Court of Protection,]

(b)county courts, and

(c)magistrates’ courts,

and that appropriate services are provided for those courts.

(2)In this Part—

(a)“the Supreme Court” includes the district probate registries, and

(b)“magistrates’ court” includes a committee of justices.

(3)In this Part references to the Lord Chancellor’s general duty in relation to the courts are to his duty under this section.

(4)The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both Houses of Parliament a report as to the way in which he has discharged his general duty in relation to the courts.

Court staff and accommodation

2 Court officers, staff and services

(1)The Lord Chancellor may appoint such officers and other staff as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.

(2)The civil service pension arrangements for the time being in force apply (with any necessary adaptations) to persons appointed under subsection (1) as they apply to other persons employed in the civil service of the State.

(3)“The civil service pension arrangements” means—

(a)the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c. 11)), and

(b)any other superannuation benefits for which provision is made under or by virtue of section 1 of the 1972 Act for or in respect of persons in employment in the civil service of the State.

(4)Subject to subsections (5) and (6), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of officers, staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.

(5)The Lord Chancellor may not enter into contracts for the provision of officers and staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.

(6)The Lord Chancellor may not enter into contracts for the provision of officers and staff to carry out the administrative work of the courts unless an order made by the Lord Chancellor authorises him to do so.

(7)Before making an order under subsection (6) the Lord Chancellor must consult—

(a)the Lord Chief Justice,

(b)the Master of the Rolls,

[F3(c)the President of the Queen's Bench Division,

(d)the President of the Family Division, and

(e)the Chancellor of the High Court.]

as to what effect (if any) the order might have on the proper and efficient administration of justice.

(8)An order under subsection (6) may authorise the Lord Chancellor to enter into contracts for the provision of officers or staff to discharge functions—

(a)wholly or to the extent specified in the order,

(b)generally or in cases or areas specified in the order, and

(c)unconditionally or subject to the fulfilment of conditions specified in the order.

3 Provision of accommodation

(1)The Lord Chancellor may provide, equip, maintain and manage such court-houses, offices and other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.

(2)The Lord Chancellor may enter into such arrangements for the provision, equipment, maintenance or management of court-houses, offices or other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.

(3)The powers under—

(a)section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and

(b)section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),

to acquire land necessary for the public service are to be treated as including power to acquire land for the purpose of its provision under arrangements entered into under subsection (2).

(4)“Court-house” means any place where a court sits, including the precincts of any building in which it sits.

Courts boards

4 Establishment of courts boards

(1)England and Wales is to be divided into areas for each of which there is to be a courts board.

(2)The areas are to be those specified by an order made by the Lord Chancellor.

(3)Each area established by an order under subsection (2) is to be known by such name as is specified in the order (but subject to subsection (4)).

(4)The Lord Chancellor may make orders altering the areas.

(5)“Altering”, in relation to an area, includes (as well as changing its boundaries)—

(a)combining it with one or more other areas,

(b)dividing it between two or more other areas, and

(c)changing its name.

[F4(5A)Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice.]

(6)Before making an order under subsection (4), the Lord Chancellor must consult any courts board affected by the proposed order.

(7)When making an order under subsection (2) the Lord Chancellor must have regard to the desirability of specifying areas which are the same as—

(a)the police areas listed in Schedule 1 to the Police Act 1996 (c. 16) (division of England and Wales, except London, into police areas), and

(b)the area consisting of the Metropolitan Police District and the City of London police area.

[F5(7A)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

(8)Schedule 1 contains provisions about the constitution and procedure of courts boards.

5 Functions of courts boards

(1)Each courts board is under a duty, in accordance with guidance under this section—

(a)to scrutinise, review and make recommendations about the way in which the Lord Chancellor is discharging his general duty in relation to the courts with which the board is concerned, and

(b)for the purposes mentioned in paragraph (a), to consider draft and final business plans relating to those courts.

(2)In discharging his general duty in relation to the courts, the Lord Chancellor must give due consideration to recommendations made by the boards under subsection (1).

(3)If the Lord Chancellor rejects a recommendation made by a courts board under subsection (1) as a result of the board’s consideration of a final business plan, he must give the board his written reasons for so doing.

(4)The courts with which a courts board is concerned are—

(a)the Crown Court,

(b)county courts, and

(c)magistrates’ courts,

in the board’s area.

(5)The Lord Chancellor must [F6, after consulting the Lord Chief Justice,] prepare and issue the boards with guidance about how they should carry out their functions under subsection (1).

(6)The guidance may in particular contain provisions about the procedures to be followed in connection with draft and final business plans.

(7)The Lord Chancellor may [F7, after consulting the Lord Chief Justice,] from time to time issue the boards with revised guidance and revoke previous guidance.

(8)Guidance issued under this section must be laid before both Houses of Parliament.

[F8(9)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Abolition of magistrates’ courts committees

6 Abolition of magistrates’ courts committees, etc.

(1)The Greater London Magistrates’ Courts Authority (the magistrates’ courts committee for Greater London) and all the magistrates’ courts committees for areas of England and Wales outside Greater London are abolished.

(2)In consequence of that—

(a)England and Wales outside Greater London is no longer divided into magistrates’ courts committee areas, and

(b)the office of justices’ chief executive is abolished.

(3)Schedule 2 (abolition of magistrates’ courts committees: transfers) has effect.

(4)The Justices of the Peace Act 1997 (c. 25) ceases to have effect.

Part 2

Justices of the peace

The commission of the peace and local justice areas

7 The commission of the peace for England and Wales

There shall be a commission of the peace for England and Wales—

(a)issued under the Great Seal, and

(b)addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales.
8Local justice areasE+W

(1)England and Wales is to be divided into areas to be known as local justice areas.

(2)The areas are to be those specified by an order made by the Lord Chancellor.

(3)Each local justice area established by order under subsection (2) is to be known by such name as is specified in the order (but subject to subsection (4)).

(4)The Lord Chancellor may make orders altering local justice areas.

(5)“Altering”, in relation to a local justice area, includes (as well as changing its boundaries)—

(a)combining it with one or more other local justice areas,

(b)dividing it between two or more other local justice areas, and

(c)changing its name.

[F9(5A)Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice.]

(6)Before making an order under subsection (4) in relation to a local justice area the Lord Chancellor must consult—

(a)the justices of the peace assigned to the local justice area,

(b)any courts board whose area includes the local justice area or a part of the local justice area, and

(c)unless the alteration consists only of a change of name, any local authorities whose area includes the local justice area or a part of the local justice area.

(7)“Local authority” means—

(a)any council of a county, a county borough, a London borough or a council of a district,

(b)the Common Council of the City of London, or

(c)a police authority established under section 3 of the Police Act 1996 (c. 16) or the Metropolitan Police Authority.

[F10(8)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Lay justices

9 Meaning of “lay justice”

In this Act “lay justice” means a justice of the peace who is not a District Judge (Magistrates’ Courts).
10Appointment of lay justices etc.E+W

(1)Lay justices are to be appointed for England and Wales by the Lord Chancellor by instrument on behalf and in the name of Her Majesty.

(2)[F11Lord Chief Justice]

(a)must assign each lay justice to one or more local justice areas, and

(b)may change an assignment so as to assign the lay justice to a different local justice area or to different local justice areas.

[F12(2A)The Lord Chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under subsections (1) and (2) include arrangements for consulting persons appearing to him to have special knowledge of matters relevant to the exercise of those functions in relation to that area.]

(3)Every lay justice is, by virtue of his office, capable of acting as such in any local justice area (whether or not he is assigned to it); but he may do so only in accordance with arrangements made by [F13Lord Chief Justice] .

(4)Rules may make provision about the training courses to be completed before a person may exercise functions as a lay justice in any proceedings or class of proceedings specified in the rules.

(5)Subsection (3) is subject to section 12 (the supplemental list).

[F14(6)The functions conferred on the Lord Chief Justice by subsections (2) and (3) may be exercised only after consulting the Lord Chancellor.

(7)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2) or (3).]

11 Resignation and removal of lay justices

(1)A lay justice may resign his office at any time.

(2)The Lord Chancellor may [F15, with the concurrence of the Lord Chief Justice,] remove a lay justice from his office by an instrument on behalf and in the name of Her Majesty—

(a)on the ground of incapacity or misbehaviour,

(b)on the ground of a persistent failure to meet such standards of competence as are prescribed by a direction given by the Lord Chancellor [F16with the concurrence of the Lord Chief Justice] , or

(c)if he is satisfied that the lay justice is declining or neglecting to take a proper part in the exercise of his functions as a justice of the peace.

12 The supplemental list

(1)A list, to be known as “the supplemental list”, must be kept in the office of the Clerk of the Crown in Chancery.

(2)A lay justice whose name is entered in the supplemental list is not qualified as a justice of the peace to do any act or to be a member of a committee or other body.

(3)No act or appointment is invalidated by reason of the disqualification of a lay justice under subsection (2).
13Entry of names in the supplemental listE+W

(1)Subject to subsections (2) and (3), the name of a lay justice who has reached 70 must be entered in the supplemental list.

(2)The name of a lay justice who, when he reaches 70, is chairman of the lay justices assigned to a local justice area need not be entered in the supplemental list until the term for which he is serving as chairman has ended.

(3)Where—

(a)proceedings are, or are expected to be, in progress on the day on which the lay justice reaches 70, and

(b)the lay justice is exercising functions in those proceedings as a justice of the peace,

the [F17Lord Chief Justice may, with the concurrence of the Lord Chancellor,] direct that the name of the lay justice need not be entered in the supplemental list until the proceedings have ended.

(4)The name of a lay justice must be entered in the supplemental list if—

(a)he applies for it to be entered, and

(b)the application is approved by the Lord Chancellor.

(5)The Lord Chancellor may [F18, with the concurrence of the Lord Chief Justice,] direct that the name of a lay justice is to be entered in the supplemental list on the ground of incapacity.

[F19(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).]

14 Removal of names from the supplemental list

(1)A person’s name must be removed from the supplemental list if he ceases to be a justice of the peace.

(2)A person’s name must be removed from the supplemental list if—

(a)his name is in the list as a result of section 13(4) or (5), and

(b)the Lord Chancellor [F20, with the concurrence of the Lord Chief Justice,] directs its removal.

15 Lay justices’ allowances

(1)A lay justice is entitled to payments by way of—

(a)travelling allowance,

(b)subsistence allowance, and

(c)financial loss allowance.

(2)Allowances under this section are to be paid by the Lord Chancellor at rates determined by him.

(3)A lay justice’s travelling allowance is an allowance in respect of expenditure—

(a)which is incurred by him on travelling, and

(b)which is necessarily incurred for the purpose of enabling him to perform his duties.

(4)A lay justice’s subsistence allowance is an allowance in respect of expenditure—

(a)which is incurred by him on subsistence, and

(b)which is necessarily incurred for the purpose of enabling him to perform his duties.

(5)A lay justice’s financial loss allowance is an allowance in respect of—

(a)any other expenditure incurred by reason of the performance of his duties, and

(b)any loss of earnings or social security benefits suffered by reason of the performance of his duties.

(6)A lay justice is not entitled to a payment under this section in respect of the performance of his duties if—

(a)a payment of a similar kind in respect of those duties may be made to him apart from this section, or

(b)entitlement to the payment is excluded by regulations made by the Lord Chancellor.

(7)For the purposes of this section the performance of a lay justice’s duties includes taking a training course provided by or on behalf of the [F21Lord Chief Justice] .

(8)The Lord Chancellor may by regulations make provision about the way in which this section is to be administered and may in particular make provision—

(a)prescribing sums (including tax credits) that are to be treated as social security benefits for the purposes of financial loss allowances,

(b)prescribing the particulars to be provided for claiming payment of allowances, and

(c)for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose.

[F22(9)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7).]

16 Records of lay justices

(1)The Lord Chancellor—

(a)must appoint a person to be keeper of the rolls for each local justice area, and

(b)may appoint the same person to be keeper of the rolls for more than one local justice area.

(2)The keeper of the rolls for a local justice area must be notified, in such manner as the Lord Chancellor may direct, of—

(a)any assignment of a lay justice to the area,

(b)any change in an assignment of a lay justice as a result of which he ceases to be assigned to the area, and

(c)the fact that a lay justice assigned to the area has ceased to be a justice of the peace or that his name has been entered in or removed from the supplemental list.

(3)The keeper of the rolls for a local justice area must ensure that an accurate record is maintained of all lay justices for the time being assigned to the area.

[F23(4)The Lord Chancellor must consult the Lord Chief Justice before—

(a)appointing a person under subsection (1), or

(b)giving a direction under subsection (2).

(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Chairman and deputy chairmen and the bench

17 Chairman and deputy chairmen: selection

(1)For each local justice area there is to be—

(a)a chairman of the lay justices assigned to the area, and

(b)one or more deputy chairmen of those lay justices,

chosen by them from among their number.

(2)Rules may make provision—

(a)subject to subsection (3), as to the term of office of the chairman and deputy chairmen, and

(b)as to the number of deputy chairmen to be elected for any area.

(3)The [F24Lord Chief Justice may, with the concurrence of the Lord Chancellor,] authorise a lay justice to continue to hold office as chairman or deputy chairman for the purposes of specified proceedings which are, or are expected to be, in progress on the day on which the lay justice’s office would otherwise end.

(4)Any contested election for choosing the chairman or a deputy chairman is to be held by secret ballot.

(5)Rules may make provision for the purposes of this section and may in particular make provision—

(a)about the procedure for nominating candidates for election as a chairman or a deputy chairman;

(b)about the procedure at such an election.

[F25(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

18 Rights to preside and size of bench

(1)If the chairman for a local justice area is present at a sitting or other meeting of lay justices assigned to or acting in the area, he must preside.

(2)If, in the absence of the chairman, one or more of the deputy chairmen for a local justice area is present at a sitting or other meeting of lay justices assigned to or acting in that area he (or the most senior of them) must preside.

(3)Neither subsection (1) nor subsection (2) applies if, in accordance with rules, the chairman or (as the case may be) the deputy chairman asks another of the lay justices to preside.

(4)Subsections (1) and (2) do not confer on the chairman or a deputy chairman a right to preside in court if, under rules, he is ineligible to do so.

(5)Subsections (1) and (2) do not confer on the chairman or a deputy chairman a right to preside—

(a)in a youth court or family proceedings court,

(b)at meetings of a committee or other body of justices of the peace which has its own chairman, or

(c)at sittings when a District Judge (Magistrates’ Courts) is engaged as such in administering justice.

(6)Rules may make provision for the purposes of subsections (3) and (4) and may in particular make provision—

(a)as to training courses to be completed by lay justices before they may preside in court,

(b)as to—

(i)the approval of lay justices, in accordance with the rules, before they may preside in court,

(ii)the lay justices who may be so approved, and

(iii)the courts to which the approval relates, and

(c)as to circumstances in which a lay justice may preside in court even though requirements imposed under paragraph (a) or (b) are not met in relation to him.

(7)Rules may also make provision—

(a)specifying the maximum number of lay justices who may sit to deal with a case as a magistrates’ court, and

(b)as to the arrangements to be made for securing the presence on the bench of enough, but not more than enough, lay justices.

Supplementary provisions about the bench

19 Training, development and appraisal of lay justices

(1)Rules may (in addition to making provision under sections 10(4) and 18(6)) make provision for, or in connection with, the training, development and appraisal of lay justices.

(2)Such rules may make provision for committees, constituted in accordance with the rules, to have such functions as may be specified in the rules, including, in particular—

(a)providing advice and support to lay justices in connection with their functions as lay justices;

(b)identifying the training needs of lay justices;

(c)appraising lay justices and reporting on the results of appraisals;

(d)giving or withholding approval for the purposes of section 18;

(e)advising the [F26Lord Chief Justice] in relation to authorisations of lay justices as members of family proceedings courts or youth courts;

(f)granting or revoking such authorisations on behalf of the [F26Lord Chief Justice] .

(3)The [F27Lord Chief Justice] must ensure that [F28training and training materials that appear to him, after consulting the Lord Chancellor, to be appropriate] are provided for lay justices with a view to enabling them to comply with requirements as to training imposed by rules under section 10 or 18 or this section.

[F29(4)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

20 Rules

(1)In sections 10, 17, 18 and 19 “rules” means rules made by the [F30Lord Chief Justice] .

(2)Before making any rules for the purposes of section 10, 17, 18 or 19 the [F31Lord Chief Justice] must consult—

[F32(za)the Lord Chancellor,]

(a)the Criminal Procedure Rule Committee,

(b)the Family Procedure Rule Committee, and

(c)the Magistrates’ Courts Rule Committee.

[F33(3)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions of making the rules referred to in this section.]

F34 21 Duty to consult lay justices on matters affecting them etc.

(1)The Lord Chancellor [F35and the Lord Chief Justice] must take all reasonable and practicable steps—

(a)for ensuring that lay justices acting in a local justice area are kept informed of matters affecting them in the performance of their duties, and

(b)for ascertaining their views on such matters.

[F36(2)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

District Judges (Magistrates’ Courts)

22 Appointment etc.

(1)Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who has a 7 year general qualification to be a District Judge (Magistrates’ Courts).

(2)A District Judge (Magistrates’ Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 (c. 72) and the Promissory Oaths Act 1871 (c. 48).

(3)The Lord Chancellor may pay to a District Judge (Magistrates’ Courts) such allowances as he may determine.

(4)Any such allowances are in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the Administration of Justice Act 1973 (c. 15).

(5)The Lord Chancellor may [F37, with the concurrence of the Lord Chief Justice,] remove a District Judge (Magistrates’ Courts) from office on the ground of incapacity or misbehaviour.

23 Senior District Judge (Chief Magistrate)

[F38Her Majesty]

(a)may designate one of the District Judges (Magistrates’ Courts) to be Senior District Judge (Chief Magistrate), and

(b)if [F39she] does so, may designate another of them to be the deputy of the Senior District Judge (Chief Magistrate).

24 Deputy District Judges (Magistrates’ Courts)

(1)The Lord Chancellor may appoint a person who has a 7 year general qualification to be a Deputy District Judge (Magistrates’ Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (4)).

(2)A Deputy District Judge (Magistrates’ Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 and the Promissory Oaths Act 1871.

(3)The Lord Chancellor may pay to a Deputy District Judge (Magistrates’ Courts) such remuneration and allowances as he may determine.

(4)The Lord Chancellor may [F40, with the concurrence of the Lord Chief Justice,] remove a Deputy District Judge (Magistrates’ Courts) from office on the ground of incapacity or misbehaviour.

(5)During the period of his appointment, a Deputy District Judge (Magistrates’ Courts)—

(a)is to act as a District Judge (Magistrates’ Courts), and

(b)is to be treated for all purposes (apart from appointment, tenure, remuneration, allowances and pensions) as if he were a District Judge (Magistrates’ Courts).

25 District Judges (Magistrates’ Courts) as justices of the peace

(1)A District Judge (Magistrates’ Courts) is by virtue of his office a justice of the peace for England and Wales.

(2)It is the duty of a District Judge (Magistrates’ Courts) to act as a justice of the peace in any local justice area in accordance with arrangements made by [F41the Lord Chief Justice, after consulting the Lord Chancellor] .

[F42(3)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).]

26 District Judges (Magistrates’ Courts) able to act alone

(1)Nothing in the 1980 Act—

(a)requiring a magistrates’ court to be composed of two or more justices, or

(b)limiting the powers of a magistrates’ court when composed of a single justice,

applies to a District Judge (Magistrates’ Courts).

(2)A District Judge (Magistrates’ Courts) may—

(a)do any act, and

(b)exercise alone any jurisdiction,

which can be done or exercised by two justices, apart from granting or transferring a licence.

(3)Any enactment making provision ancillary to the jurisdiction exercisable by two justices of the peace also applies to the jurisdiction of a District Judge (Magistrates’ Courts), unless the provision relates to granting or transferring a licence.

(4)This section does not apply to the hearing or determination of family proceedings (as defined by section 65 of the 1980 Act).

(5)“The 1980 Act” means the Magistrates’ Courts Act 1980 (c. 43).

Justices’ clerks and assistant clerks

27 Justices’ clerks and assistant clerks

(1)A justices’ clerk is a person who is—

(a)appointed by the Lord Chancellor under section 2(1), and

(b)designated by the Lord Chancellor [F43, after consulting the Lord Chief Justice,] as a justices’ clerk.

(2)A person may be designated as a justices’ clerk only if he—

(a)has a 5 year magistrates’ court qualification,

(b)is a barrister or solicitor who has served for not less than 5 years as an assistant to a justices’ clerk, or

(c)has previously been a justices’ clerk.

(3)The Lord Chancellor—

(a)must [F44, after consulting the Lord Chief Justice,] assign each justices’ clerk to one or more local justice areas, and

(b)subject to [F45subsections (4A) to (4C)] , may change an assignment so as to assign the justices’ clerk to a different local justice area or to different local justice areas.

[F46(4A)The Lord Chancellor may change an assignment of a justices' clerk so that he is no longer assigned to a local justice area (“the relevant area”) only if the conditions in subsections (4B) and (4C) are met.

(4B)Before changing the assignment, the Lord Chancellor must consult—

(a)the chairman of the lay justices assigned to the relevant area, or

(b)if that is not possible or not practicable, the deputy chairman or such of the lay justices assigned to or acting in the relevant area as it appears to the Lord Chancellor appropriate to consult.

(4C)The Lord Chief Justice must agree to the change.]

(5)An assistant to a justices’ clerk is a person who is—

(a)appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and

(b)designated by the Lord Chancellor as an assistant to a justices’ clerk.

(6)The Lord Chancellor may by regulations provide that, subject to such exceptions as may be prescribed by the regulations, a person may be designated as an assistant to a justices’ clerk only if he—

(a)has a 5 year magistrates’ court qualification, or

(b)has such qualifications as may be prescribed by, or approved by the Lord Chancellor in accordance with, the regulations.

[F47(6A)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

(7)In this Part “assistant clerk” is short for “assistant to a justices’ clerk”.

28 Functions

(1)Rules may make provision enabling things authorised to be done by, to or before a single justice of the peace to be done instead by, to or before a justices’ clerk.

(2)Rules may also make provision enabling things authorised to be done by, to or before a justices’ clerk (whether by virtue of subsection (1) or otherwise) to be done instead by, to or before an assistant clerk.

(3)An enactment or rule of law which—

(a)regulates the exercise of any jurisdiction or powers of justices of the peace, or

(b)relates to things done in the exercise or purported exercise of any such jurisdiction or powers,

applies in relation to the exercise or purported exercise of any such jurisdiction or powers by a justices’ clerk by virtue of subsection (1) as if he were a justice of the peace.

(4)The functions of a justices’ clerk include giving advice to any or all of the justices of the peace to whom he is clerk about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including questions arising when the clerk is not personally attending on them.

(5)The powers of a justices’ clerk include, at any time when he thinks he should do so, bringing to the attention of any or all of the justices of the peace to whom he is clerk any point of law (including procedure and practice) that is or may be involved in any question so arising.

(6)For the purposes of subsections (4) and (5) the functions of justices of the peace do not include functions as a judge of the Crown Court.

(7)Subsections (4) and (5) do not limit—

(a)the powers and duties of a justices’ clerk, or

(b)the matters on which justices of the peace may obtain assistance from their clerk.

(8)In this section “rules” means rules made by the Lord Chancellor [F48with the concurrence of the Lord Chief Justice] .

(9)Before making any rules for the purposes of this section the Lord Chancellor must consult—

(a)the Criminal Procedure Rule Committee,

(b)the Family Procedure Rule Committee, and

(c)the Magistrates’ Courts Rule Committee.

[F49(10)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Part 3

Magistrates’ courts

Criminal jurisdiction and procedure

43 Summons or warrant for suspected offender

(1)For section 1(1) of the 1980 Act (issue of summons to accused or warrant for his arrest), substitute—

“(1)On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—

(a)a summons directed to that person requiring him to appear before a magistrates’ court to answer the information, or

(b)a warrant to arrest that person and bring him before a magistrates’ court.”

(2)Omit section 1(2), (5) and (8) of the 1980 Act.

44 Trial of summary offences

For section 2 of the 1980 Act substitute—
“2Trial of summary offences

(1)A magistrates’ court has jurisdiction to try any summary offence.

(2)A magistrates’ court has jurisdiction as examining justices over any offence committed by a person who appears or is brought before the court.

(3)Subject to—

(a)sections 18 to 22, and

(b)any other enactment (wherever contained) relating to the mode of trial of offences triable either way,

a magistrates’ court has jurisdiction to try summarily any offence which is triable either way.

(4)A magistrates’ court has jurisdiction, in the exercise of its powers under section 24, to try summarily an indictable offence.

(5)This section does not affect any jurisdiction over offences conferred on a magistrates’ court by any enactment not contained in this Act.”

45 Power to make rulings at pre-trial hearings

(1)Schedule 3 contains amendments of the 1980 Act relating to rulings at pre-trial hearings in magistrates’ courts.

(2)The amendments made by the Schedule apply in relation to pre-trial hearings beginning on or after the day on which it comes into force.

46 Power to transfer criminal cases

(1)After section 27 of the 1980 Act insert—
“Transfer of criminal proceedingsE+W
27APower to transfer criminal proceedings

(1)Where a person appears or is brought before a magistrates’ court—

(a)to be tried by the court for an offence, or

(b)for the court to inquire into the offence as examining justices,

the court may transfer the matter to another magistrates’ court.

(2)The court may transfer the matter before or after beginning the trial or inquiry.

(3)But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

(4)The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.”

(2)Omit section 3B of the 1980 Act (transfer of trials of summary offences).

Civil jurisdiction and procedure

47 Jurisdiction to issue summons and deal with complaints

(1)For section 51 of the 1980 Act (issue of summons on complaint) substitute—
“51Issue of summons on complaint

Where a complaint relating to a person is made to a justice of the peace, the justice of the peace may issue a summons to the person requiring him to appear before a magistrates’ court to answer to the complaint.”

(2)For section 52 of the 1980 Act (jurisdiction to deal with complaints) substitute—
“52Jurisdiction to deal with complaints

(1)A magistrates’ court has jurisdiction to hear any complaint.

(2)But subsection (1) is subject to provision made by any enactment.”

48 Power to transfer civil proceedings (other than family proceedings)

After section 57 of the 1980 Act insert—
“Transfer of civil proceedings (other than family proceedings)E+W
57APower to transfer civil proceedings (other than family proceedings)

(1)A magistrates’ court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates’ court.

(2)But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

(3)This section does not apply to family proceedings.

(4)The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.”

Family proceedings courts and youth courts

49 Family proceedings courts

(1)For section 67 of the 1980 Act (family proceedings courts and panels) substitute—
“67Family proceedings courts

(1)Magistrates’ courts—

(a)constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates’ Courts)), and

(b)sitting for the purpose of hearing family proceedings,

are to be known as family proceedings courts.

(2)A justice of the peace is not qualified to sit as a member of a family proceedings court to hear family proceedings of any description unless he has an authorisation extending to the proceedings.

(3)He has an authorisation extending to the proceedings only if he has been authorised by the Lord Chancellor or a person acting on his behalf to sit as a member of a family proceedings court to hear—

(a)proceedings of that description, or

(b)all family proceedings.

(4)The Lord Chancellor may by rules make provision about—

(a)the grant and revocation of authorisations,

(b)the appointment of chairmen of family proceedings courts, and

(c)the composition of family proceedings courts.

(5)Rules under subsection (4) may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules.

(6)Rules under subsection (4) may be made only after consultation with the Family Procedure Rule Committee.

(7)Rules under subsection (4) are to be made by statutory instrument.

(8)A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.”

(2)Omit section 68 of the 1980 Act (combined family panels for two or more petty sessions areas).

50 Youth courts

(1)For section 45 of the 1933 Act (constitution of youth courts) substitute—
“45Youth courts

(1)Magistrates’ courts—

(a)constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates’ Courts)), and

(b)sitting for the purpose of—

(i)hearing any charge against a child or young person, or

(ii)exercising any other jurisdiction conferred on youth courts by or under this or any other Act,

are to be known as youth courts.

(2)A justice of the peace is not qualified to sit as a member of a youth court for the purpose of dealing with any proceedings unless he has an authorisation extending to the proceedings.

(3)He has an authorisation extending to the proceedings only if he has been authorised by the Lord Chancellor or a person acting on his behalf to sit as a member of a youth court to deal with—

(a)proceedings of that description, or

(b)all proceedings dealt with by youth courts.

(4)The Lord Chancellor may by rules make provision about—

(a)the grant and revocation of authorisations,

(b)the appointment of chairmen of youth courts, and

(c)the composition of youth courts.

(5)Rules under subsection (4) may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules.

(6)Rules under subsection (4) may be made only after consultation with the Criminal Procedure Rule Committee.

(7)Rules under subsection (4) are to be made by statutory instrument.

(8)A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.”

(2)Omit Schedule 2 to the 1933 Act (constitution of youth courts).

(3)Omit section 146 of the 1980 Act (rules relating to youth court panels and the composition of youth courts).

(4)“The 1933 Act” means the Children and Young Persons Act 1933 (c. 12).

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Commencement Information

I2S. 50 fully in force; s. 50 not in force at Royal Assent, see s. 110(1)(2); s. 50(1)(4) in force at 1.4.2005 by S.I. 2005/910, art. 3(r); s. 50(2)(3) in force at 5.9.2007 by S.I. 2007/2706, art. 1

Part 4

Court security

51 Court security officers

(1)A court security officer is a person who is—

(a)appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and

(b)designated by the Lord Chancellor as a court security officer.

(2)The Lord Chancellor may by regulations make provision as to—

(a)training courses to be completed by court security officers;

(b)conditions to be met before a person may be designated as a court security officer.

(3)For the purposes of this Part a court security officer who is not readily identifiable as such (whether by means of his uniform or badge or otherwise), is not to be regarded as acting in the execution of his duty.

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Modifications etc. (not altering text)

C1S. 51(1)(b) extended (1.4.2005) by The Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 2005 (S.I. 2005/911), art. 10

52 Powers of search

(1)A court security officer acting in the execution of his duty may search—

(a)any person who is in, or seeking to enter, a court building, and

(b)any article in the possession of such a person.

(2)Subsection (1) does not authorise the officer to require a person to remove any of his clothing other than a coat, jacket, headgear, gloves or footwear.

(3)In this Part “court building” means any building—

(a)where the business of any of the courts referred to in section 1 is carried on, and

(b)to which the public has access.

53 Powers to exclude, remove or restrain persons

(1)A court security officer acting in the execution of his duty may exclude or remove from a court building, or a part of a court building, any person who refuses—

(a)to permit a search under section 52(1), or

(b)to surrender an article in his possession when asked to do so under section 54(1).

(2)A court security officer acting in the execution of his duty may—

(a)restrain any person who is in a court building, or

(b)exclude or remove any person from a court building, or a part of a court building,

if it is reasonably necessary to do so for one of the purposes given in subsection (3).

(3)The purposes are—

(a)enabling court business to be carried on without interference or delay;

(b)maintaining order;

(c)securing the safety of any person in the court building.

(4)A court security officer acting in the execution of his duty may remove any person from a courtroom at the request of a judge or a justice of the peace.

(5)The powers conferred by subsections (1), (2) and (4) include power to use reasonable force, where necessary.

54 Surrender and seizure of articles

(1)If a court security officer acting in the execution of his duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (3), he must ask the person to surrender the article.

(2)If the person refuses to surrender the article, the officer may seize it.

(3)The grounds are that the article—

(a)may jeopardise the maintenance of order in the court building (or a part of it),

(b)may put the safety of any person in the court building at risk, or

(c)may be evidence of, or in relation to, an offence.

55 Powers to retain articles surrendered or seized

(1)Subject to subsection (2), a court security officer may retain an article which was—

(a)surrendered in response to a request under section 54(1), or

(b)seized under section 54(2),

until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.

(2)If a court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, he may retain it until—

(a)the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or

(b)the end of the permitted period,

whichever is later.

(3)“The permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the court security officer to draw the article to the attention of a constable.

56 Regulations about retention of articles

(1)The Lord Chancellor may by regulations make provision as to—

(a)the provision to persons—

(i)by whom articles have been surrendered in response to a request under section 54(1), or

(ii)from whom articles have been seized under section 54(2),

of written information about the powers of retention of court security officers,

(b)the keeping of records about articles which have been so surrendered or seized,

(c)the period for which unclaimed articles have to be kept, and

(d)the disposal of unclaimed articles at the end of that period.

(2)“Unclaimed article” means an article—

(a)which has been retained under section 55,

(b)which a person is entitled to have returned to him,

(c)which has not been returned, and

(d)whose return has not been requested by a person entitled to it.

57 Assaulting and obstructing court security officers

(1)Any person who assaults a court security officer acting in the execution of his duty commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to—

(a)a fine not exceeding level 5 on the standard scale, or

(b)imprisonment for a term not exceeding 6 months,

or to both.

(3)A person who resists or wilfully obstructs a court security officer acting in the execution of his duty commits an offence.

(4)A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Part 5

Inspectors of court administration

58 Inspectors of court administration etc.

(1)The Lord Chancellor may appoint such number of inspectors of court administration as he considers appropriate.

(2)They are to be known collectively as “Her Majesty’s Inspectorate of Court Administration”.

(3)The Lord Chancellor must appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of Court Administration.

(4)In this Part that person is referred to as “the Chief Inspector”.

(5)The Lord Chancellor may make to or in respect of inspectors of court administration such payments by way of remuneration, allowances or otherwise as he may determine.

(6)F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F56S. 58(6) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 184, 188, Sch. 14 para. 78, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(w)(z)(gg)(ii)

59 Functions of inspectors

(1)It is the duty of inspectors of court administration to—

(a)inspect and report to the Lord Chancellor on the system that supports the carrying on of the business of the courts listed in subsection (2) and the services provided for those courts;

[F57(b)discharge any other particular functions which may be specified in connection with the courts listed in subsection (2) in a direction given by the Lord Chancellor.]

(2)The courts are—

(a)the Crown Court,

(b)county courts, and

(c)magistrates’ courts.

(3)The Lord Chancellor may by order—

(a)add to the list in subsection (2) any court having jurisdiction in the United Kingdom, other than one having jurisdiction only in relation to Scotland or Northern Ireland, and

(b)remove any court from the list.

(4)[F58The Lord Chancellor, before giving any direction under [F59subsection (1)(b),] must consult the Chief Inspector.]

(5)Nothing in this section is to be read as enabling inspectors to inspect persons—

(a)making judicial decisions, or

(b)exercising any judicial discretion.

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Amendments (Textual)

F57S. 59(1)(b) substituted (1.4.2007) for s. 59(1)(b)(c) by Education and Inspections Act 2006 (c. 40), s. 157, 188, Sch. 14 para. 79(2); S.I. 2007/935 {art. 5(w)(gg)}

F58S. 59(4) substituted (1.4.2005) by The Transfer of Functions (Children, Young People and Families) Order 2005 (S.I. 2005/252), art. 4(4)

F59Words in s. 59(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 157, 188, Sch. 14 para. 79(3); S.I. 2007/935, art. 5(w)(gg)

Modifications etc. (not altering text)

C2S. 59(4): functions transferred (1.4.2005) by The Transfer of Functions (Children, Young People and Families) Order (S.I. 2005/252), {art. 2(b)}

C3S. 59(5) applied (1.9.2005) (E.) by The Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 2, Sch. para. 9(2)

60 Functions of Chief Inspector

(1)The Chief Inspector must make an annual report to the Lord Chancellor as to the discharge of the functions of Her Majesty’s Inspectorate of Court Administration.

(2)The Lord Chancellor may give directions as to—

(a)the information to be included in the report,

(b)the form of the report, and

(c)the time by which the report is to be made.

(3)The Lord Chancellor must, within one month of receiving the annual report, lay a copy of it before both Houses of Parliament.

(4)[F60The Chief Inspector must report to the Lord Chancellor on any matter which the Lord Chancellor refers to him and which is connected with the courts listed in section 59(2).]

(5)The Chief Inspector may designate an inspector of court administration to discharge his functions during any period when he is absent or unable to act.

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Amendments (Textual)

F60S. 60(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 157, 188, Sch. 14 para. 80; S.I. 2007/935, art. 5(w)(gg)

Modifications etc. (not altering text)

C4S. 60(4): functions transferred (1.4.2005) by The Transfer of Functions (Children, Young People and Families) Order 2005 (S.I. 2005/252), art. 2(c)

61 Rights of entry and inspection

[F61(1)An inspector exercising functions under section 59 may enter any place of work occupied by persons provided under a contract made by the Lord Chancellor by virtue of section 2(4).

(2)An inspector exercising functions under section 59 may inspect and take copies of any records kept by persons provided under such a contract which he considers relevant to the discharge of his functions.]

(3)Subsection (1) does not entitle an inspector—

(a)to be present when a court listed in section 59(2) is hearing proceedings in private, or

(b)to attend any private deliberations of persons having jurisdiction to hear or determine any proceedings.

(4)The records referred to in subsection (2) include records kept by means of a computer.

(5)An inspector exercising the power under subsection (2) to inspect records—

(a)is entitled to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the records in question, and

(b)may require—

(i)the person by whom or on whose behalf the computer is or has been used, or

(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

(6)The powers conferred by subsections (1), (2) and (5) may be exercised at reasonable times only.

SCHEDULE 3

Pre-trial hearings in magistrates’ courts

After section 8 of the 1980 Act, insert—
“Pre-trial hearings”

8A Power to make rulings at pre-trial hearing

(1)For the purposes of this section a hearing is a pre-trial hearing if—

(a)it relates to an information—

(i)which is to be tried summarily, and

(ii)to which the accused has pleaded not guilty, and

(b)it takes place before the start of the trial.

(2)For the purposes of subsection (1)(b), the start of a summary trial occurs when the court begins—

(a)to hear evidence from the prosecution at the trial, or

(b)to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused).

(3)At a pre-trial hearing, a magistrates’ court may make a ruling as to any matter mentioned in subsection (4) if—

(a)the condition in subsection (5) is met,

(b)the court has given the parties an opportunity to be heard, and

(c)it appears to the court that it is in the interests of justice to make the ruling.

(4)The matters are—

(a)any question as to the admissibility of evidence;

(b)any other question of law relating to the case.

(5)The condition is that, if the accused is not legally represented, the court must—

(a)ask whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service, and

(b)if he does, decide whether or not to grant him that right.

(6)A ruling may be made under this section—

(a)on an application by a party to the case, or

(b)of the court’s own motion.

(7)For the purposes of this section and section 8B, references to the prosecutor are to any person acting as prosecutor, whether an individual or body.

8B Effect of rulings at pre-trial hearing

(1)Subject to subsections (3) and (6), a ruling under section 8A has binding effect from the time it is made until the case against the accused or, if there is more than one, against each of them, is disposed of.

(2)The case against an accused is disposed of if—

(a)he is acquitted or convicted,

(b)the prosecutor decides not to proceed with the case against him, or

(c)the information is dismissed.

(3)A magistrates’ court may discharge or vary (or further vary) a ruling under section 8A if—

(a)the condition in section 8A(5) is met,

(b)the court has given the parties an opportunity to be heard, and

(c)it appears to the court that it is in the interests of justice to do so.

(4)The court may act under subsection (3)—

(a)on an application by a party to the case, or

(b)of its own motion.

(5)No application may be made under subsection (4)(a) unless there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.

(6)A ruling under section 8A is discharged in relation to an accused if—

(a)the magistrates’ court commits or sends him to the Crown Court for trial for the offence charged in the information, or

(b)a count charging him with the offence is included in an indictment by virtue of section 40 of the Criminal Justice Act 1988.

8C Restrictions on reporting

(1)Except as provided by this section no report of matters falling within subsection (2) may be published in England and Wales.

(2)The following matters fall within this subsection—

(a)a ruling under section 8A;

(b)proceedings on an application for a ruling under section 8A;

(c)an order under section 8B that a ruling under section 8A be discharged, varied or further varied;

(d)proceedings on an application under section 8B for a ruling under section 8A to be discharged, varied or further varied.

(3)A magistrates’ court dealing with any matter falling within subsection (2) may order that subsection (1) does not apply, or does not apply to a specified extent, to a report of the matter.

(4)Where there is only one accused and he objects to the making of an order under subsection (3)—

(a)the court may make the order if (and only if) satisfied after hearing the representations of the accused that it is in the interests of justice to do so, and

(b)if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.

(5)Where there are two or more accused and one or more of them objects to the making of an order under subsection (3)—

(a)the court may make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so, and

(b)if the order is made, it shall not apply to the extent that a report deals with any such objection or representations.

(6)Subsection (1) does not apply to the publication of a report of matters after the case against the accused or, if more than one, against each of them, is disposed of.

(7)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 names of the justices;

(b)the names, ages, home addresses and occupations of the accused and witnesses;

(c)the offence or offences, or a summary of them, with which the accused or any of the accused 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 a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.

(8)The addresses that may be included in a report by virtue of subsection (7) are addresses—

(a)at any relevant time, and

(b)at the time of their inclusion in the publication.

(9)In subsection (8), “relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred.

(10)Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on the publication of a report of any matter.

(11)In this section and in section 8D—

(a)references to publication of a report of matters falling within subsection (2)—

(i)include references to inclusion of those matters in 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

(ii)do not include references to inclusion of those matters in a document prepared for use in particular legal proceedings;

(b)“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.

8D Offences in connection with reporting

(1)If a report is published in contravention of section 8C each of the following persons is guilty of an offence—

(a)in the case of a publication of a report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b)in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c)in the case of any other publication, any person publishing it.

(2)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.

(3)In subsection (2), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(4)If the affairs of a body corporate are managed by its members, “director”in subsection (3) means a member of that body.

(5)A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(6)Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Attorney General.”

http://www.legislation.gov.uk/ukpga/2003/39

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Crime and Disorder Act 1998

1998 CHAPTER 37

An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is doli incapax and to make provision as to the effect of a child’s failure to give evidence at his trial; to abolish the death penalty for treason and piracy; to make changes to the criminal justice system; to make further provision for dealing with offenders; to make further provision with respect to remands and committals for trial and the release and recall of prisoners; to amend Chapter I of Part II of the Crime (Sentences) Act 1997 and to repeal Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997; to make amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments; and for connected purposes.

[31st July 1998]

Part IE+W+S Prevention of crime and disorder
Chapter IE+W England and Wales
Crime and disorder: generalE+W
1 Anti-social behaviour orders.E+W

(1)An application for an order under this section may be made by a relevant authority if it appears to the authority that the following conditions are fulfilled with respect to any person aged 10 or over, namely—

(a)that the person has acted, since the commencement date, in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself; and

[F1(b)that such an order is necessary to protect relevant persons from further anti-social acts by him.]

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(1A)In this section and sections 1B and 1E “relevant authority” means—

(a)the council for a local government area;

(b)the chief officer of police of any police force maintained for a police area;

(c)the chief constable of the British Transport Police Force; or

(d)any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area.]

[F4(1B)In this section “relevant persons” means—

(a)in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;

(b)in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;

(c)in relation to a relevant authority falling within paragraph (c) of that subsection—

(i)persons who are on or likely to be on policed premises in a local government area; or

(ii)persons who are in the vicinity of or likely to be in the vicinity of such premises;

(d)in relation to a relevant authority falling within paragraph (d) of that subsection—

(i)persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or

(ii)persons who are in the vicinity of or likely to be in the vicinity of such premises.]

(2)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Such an application shall be made by complaint to the magistrates’ court whose commission area includes [F6the local government area or police area concerned]

(4)If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates’ court may make an order under this section (an “anti-social behaviour order”) which prohibits the defendant from doing anything described in the order.

(5)For the purpose of determining whether the condition mentioned in subsection (1)(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.

[F7(6)The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant.]

(7)An anti-social behaviour order shall have effect for a period (not less than two years) specified in the order or until further order.

(8)Subject to subsection (9) below, the applicant or the defendant may apply by complaint to the court which made an anti-social behaviour order for it to be varied or discharged by a further order.

(9)Except with the consent of both parties, no anti-social behaviour order shall be discharged before the end of the period of two years beginning with the date of service of the order.

(10)If without reasonable excuse a person does anything which he is prohibited from doing by an anti-social behaviour order, he [F8is guilty of an offence and] liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(11)Where a person is convicted of an offence under subsection (10) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of [F9section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence.

(12)In this section—

[F10“British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]
*

“the commencement date” means the date of the commencement of this section;
*

“local government area” means—
(a)

in relation to England, a district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;
(b)

in relation to Wales, a county or county borough.
*

[F11“policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949.]

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Amendments (Textual)

F1S. 1(1)(b) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(2) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F2Words in s. 1(1) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), ss. 61(3), 107(2), Sch. 8 (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)(b)(iii)

F3S. 1(1A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(4) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F4S. 1(1B) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(4) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F5S. 1(2) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), ss. 61(5), 107(2), Sch. 8 (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)(b)(iii)(c)

F6Words in s. 1(3) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(6) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F7S. 1(6) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(7) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F8Words in s. 1(10) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(8) (with s. 61(10)); S.I. 2002/2750 {art. 2(a)(vii)}

F9Words in s. 1(11) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 192

F10S. 1(12): definition of “British Transport Police Force” inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(9) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F11S. 1(12): definition of “policed premises” inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(9) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

Modifications etc. (not altering text)

C1S. 1(11) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w) (with savings in arts. 5-8))
[F121A Power of Secretary of State to add to relevant authoritiesE+W

The Secretary of State may by order provide that the chief officer of a body of constables maintained otherwise than by a police authority is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of section 1 above.]

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Amendments (Textual)

F12S. 1A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 62(1); S.I. 2002/2750, art. 2(a)(vii)
[F131C Orders on conviction in criminal proceedingsE+W

(1)This section applies where a person (the “offender”) is convicted of a relevant offence.

(2)If the court considers—

(a)that the offender has acted, at any time since the commencement date, in an anti-social manner, that is to say in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself, and

(b)that an order under this section is necessary to protect persons in any place in England and Wales from further anti-social acts by him,

it may make an order which prohibits the offender from doing anything described in the order.

(3)The court may make an order under this section whether or not an application has been made for such an order.

(4)An order under this section shall not be made except—

(a)in addition to a sentence imposed in respect of the relevant offence; or

(b)in addition to an order discharging him conditionally.

(5)An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody.

(6)An offender subject to an order under this section may apply to the court which made it for it to be varied or discharged.

(7)In the case of an order under this section made by a magistrates’ court, the reference in subsection (6) to the court by which the order was made includes a reference to any magistrates’ court acting for the same petty sessions area as that court.

(8)No application may be made under subsection (6) for the discharge of an order before the end of the period of two years beginning with the day on which the order takes effect.

(9)Subsections (7), (10) and (11) of section 1 apply for the purposes of the making and effect of orders made by virtue of this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

(10)In this section—

“the commencement date” has the same meaning as in section 1 above;
*

“the court” in relation to an offender means—
(a)

the court by or before which he is convicted of the relevant offence; or
(b)

if he is committed to the Crown Court to be dealt with for that offence, the Crown Court; and
*

“relevant offence” means an offence committed after the coming into force of section 64 of the Police Reform Act 2002 (c. 30).]

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Amendments (Textual)

F13S. 1C inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 64; S.I. 2002/2750, art. 2(a)(vii)
[F141D Interim ordersE+W

(1)The applications to which this section applies are—

(a)an application for an anti-social behaviour order; and

(b)an application for an order under section 1B.

(2)If, before determining an application to which this section applies, the court considers that it is just to make an order under this section pending the determination of that application (“the main application”), it may make such an order.

(3)An order under this section is an order which prohibits the defendant from doing anything described in the order.

(4)An order under this section—

(a)shall be for a fixed period;

(b)may be varied, renewed or discharged;

(c)shall, if it has not previously ceased to have effect, cease to have effect on the determination of the main application.

(5)Subsections (6), (8) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.]

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Amendments (Textual)

F14S. 1D inserted (2.12.2002 for s. 1D(1)(a)(2)-(5) otherwise prosp.) by Police Reform Act 2002 (c. 30), ss. 65(1), 108(2); S.I. 2002/2750, art. 2(a)(vii)
[F151E Consultation requirementsE+W

(1)This section applies to—

(a)applications for an anti-social behaviour order; and

(b)applications for an order under section 1B.

(2)Before making an application to which this section applies, the council for a local government area shall consult the chief officer of police of the police force maintained for the police area within which that local government area lies.

(3)Before making an application to which this section applies, a chief officer of police shall consult the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside.

(4)Before making an application to which this section applies, a relevant authority other than a council for a local government area or a chief officer of police shall consult—

(a)the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside; and

(b)the chief officer of police of the police force maintained for the police area within which that local government area lies.]

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Amendments (Textual)

F15S. 1E inserted (2.12.2002 for s. 1E(1)(a)(2)-(5) otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 66; S.I. 2002/2750, art. 2(a)(vii)
2 Sex offender orders.E+W

(1)If it appears to a chief officer of police that the following conditions are fulfilled with respect to any person [F16who he believes is in, or is intending to come to, his police area] , namely—

(a)that the person is a sex offender; and

(b)that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect [F17the public in the United Kingdom, or any particular members of that public,] from serious harm from him,

the chief officer may apply for an order under this section to be made in respect of the person.

(2)Such an application shall be made by complaint to F18

[F19(a)any magistrates’ court]

[F20; or]

[F21(b)any magistrates’ court whose commission area includes any part of the applicant’s police area.]

whose commission area includes any place where it is alleged that the defendant acted in such a way as is mentioned in subsection (1)(b) above.

(3)If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates’ court may make an order under this section (a “sex offender order”) which prohibits the defendant from doing anything described in the order.

(4)The prohibitions that may be imposed by a sex offender order are those necessary for the purpose of protecting [F22the public in the United Kingdom, or any particular members of that public,] from serious harm from the defendant.

(5)A sex offender order shall have effect for a period (not less than five years) specified in the order or until further order; and while such an order has effect, Part I of the M1Sex Offenders Act 1997 shall have effect as if—

(a)the defendant were subject to the notification requirements of that Part; and

(b)in relation to the defendant, the relevant date (within the meaning of that Part) were the date of service of the order.

(6)Subject to subsection (7) below, the applicant [F23, any other relevant chief officer of police] or the defendant may apply by complaint to [F24the appropriate court for the sex offender order] to be varied or discharged by a further order.

[F25(6A)In subsection (6) above—

“the appropriate court” means—
(a)

the court which made the sex offender order; or
(b)

any magistrates’ court whose commission area includes any part of the police area of the applicant or of any other relevant chief officer of police;
*

“relevant chief officer of police” means a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.]

(7)Except with the consent of both parties [F26and subject to subsection (7A) below] , no sex offender order shall be discharged before the end of the period of five years beginning with the date of service of the order.

[F27(7A)Where any magistrates’ court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.]

(8)If without reasonable excuse a person does anything which he is prohibited from doing by a sex offender order, he [F28is guilty of an offence and] liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(9)Where a person is convicted of an offence under subsection (8) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of [F29section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence.

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Amendments (Textual)

F16Words in s. 2(1) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(2)(a); S.I. 2002/2750, art. 2(a)(viii)

F17Words in s. 2(1) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(2)(b); S.I. 2002/2750, art. 2(a)(viii)

F18S. 2(2)(a) and preceding word substituted (2.12.2002) for words in s. 2(2) by Police Reform Act 2002 (c. 30), s. 67(3)(a); S.I. 2002/2750, art. 2(a)(viii)

F19S. 2(2)(a) and preceding word substituted (2.12.2002) for words in s. 2(2) by Police Reform Act 2002 (c. 30), s. 67(3)(a); S.I. 2002/2750, art. 2(a)(viii)

F20S. 2(2)(b) and preceding word inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(3)(b); S.I. 2002/2750, art. 2(a)(viii)

F21S. 2(2)(b) and preceding word inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(3)(b); S.I. 2002/2750, art. 2(a)(viii)

F22Words in s. 2(4) substituted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(4)(10); S.I. 2002/2750, art. 2(a)(viii)

F23Words in s. 2(6) inserted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(5)(a)(10); S.I. 2002/2750, art. 2(a)(viii)

F24Words in s. 2(6) substituted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(5)(b)(10); S.I. 2002/2750, art. 2(a)(viii)

F25S. 2(6A) inserted (2.12.2002 with application as mentioned in s. 67(10) of the amending Act) by Police Reform Act 2002 (c. 30), s. 67(6)(10); S.I. 2002/2750, art. 2(a)(viii)

F26Words in s. 2(7) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(7); S.I. 2002/2750, {art 2(a)(viii)}

F27S. 2(7A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(8); S.I. 2002/2750, art. 2(a)(viii)

F28Words in s. 2(8) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 67(9); S.I. 2002/2750, art. 2(a)(viii)

F29Words in s. 2(9) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 193

Modifications etc. (not altering text)

C2S. 2(9) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as added (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w)(with savings in arts. 5-8))

Marginal Citations

M11997 c.51.
[F302A Interim orders: sex offendersE+W

(1)This section applies where an application for a sex offender order (“the main application”) to a magistrates’ court has not been determined.

(2)The applicant may apply by complaint to the court for an interim order, pending the determination of the main application.

(3)The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.

(4)An interim order—

(a)shall have effect for the period specified in the order;

(b)shall (if still in force) cease to have effect on the determination of the main application.

(5)While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c. 51) shall have effect as if—

(a)the defendant were subject to the notification requirements of that Part; and

(b)in relation to him, the relevant date (within the meaning of that Part) were the date of service of the order.

(6)The applicant or the defendant may apply by complaint to the court which made the interim order for it to be varied or discharged by a further order.

(7)If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.

(8)A person guilty of an offence under subsection (7) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(9)Where a person is convicted of an offence under subsection (7) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b)(conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) in respect of the offence.]

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Amendments (Textual)

F30S. 2A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 68(1); S.I. 2002/2750, art. 2(a)(viii)
[F312B Sex offender orders made in Scotland or Northern IrelandE+W

(1)If without reasonable excuse a person does anything in England and Wales which he is prohibited from doing there by—

(a)an order under section 20(4) below; or

(b)an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),

he is guilty of an offence.

(2)A person who is guilty of an offence under subsection (1) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(3)Where a person is convicted of an offence under subsection (1) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of the offence.]

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Amendments (Textual)

F31S. 2B inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 69; S.I. 2002/2750, art. 2(a)(viii)
3 Sex offender orders: supplemental.E+W

(1)In section 2 above and this section “sex offender” means a person who—

(a)has been convicted of a sexual offence to which Part I of the M2Sex Offenders Act 1997 applies;

(b)has been found not guilty of such an offence by reason of insanity, or found to be under a disability and to have done the act charged against him in respect of such an offence;

(c)has been cautioned by a constable, in England and Wales or Northern Ireland, in respect of such an offence which, at the time when the caution was given, he had admitted; or

(d)has been punished under the law in force in a country or territory outside the United Kingdom for an act which—

(i)constituted an offence under that law; and

(ii)would have constituted a sexual offence to which that Part applies if it had been done in any part of the United Kingdom.

(2)In subsection (1) of section 2 above “the relevant date”, in relation to a sex offender, means—

(a)the date or, as the case may be, the latest date on which he has been convicted, found, cautioned or punished as mentioned in subsection (1) above; or

(b)if later, the date of the commencement of that section.

(3)Subsections (2) and (3) of section 6 of the M3Sex Offenders Act 1997 apply for the construction of references in subsections (1) and (2) above as they apply for the construction of references in Part I of that Act.

(4)In subsections (1) and (2) above, any reference to a person having been cautioned shall be construed as including a reference to his having been reprimanded or warned (under section 65 below) as a child or young person.

(5)An act punishable under the law in force in any country or territory outside the United Kingdom constitutes an offence under that law for the purposes of subsection (1) above, however it is described in that law.

(6)Subject to subsection (7) below, the condition in subsection (1)(d)(i) above shall be taken to be satisfied unless, not later than rules of court may provide, the defendant serves on the applicant a notice—

(a)stating that, on the facts as alleged with respect to the act in question, the condition is not in his opinion satisfied;

(b)showing his grounds for that opinion; and

(c)requiring the applicant to show that it is satisfied.

(7)The court, if it thinks fit, may permit the defendant to require the applicant to show that the condition is satisfied without the prior service of a notice under subsection (6) above.

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Marginal Citations

M21997 c.51.

M31997 c.51.
4 Appeals against orders.E+W

(1)An appeal shall lie to the Crown Court against the making by a magistrates’ court of an anti-social behaviour order [F32, an order under section 1D above,][F33, a sex offender order or an order under section 2A above] .

(2)On such an appeal the Crown Court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal; and

(b)may also make such incidental or consequential orders as appear to it to be just.

(3)Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of section 1(8) or 2(6) above, be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the Crown Court.

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Amendments (Textual)

F32Words in s. 4(1) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 65(2); S.I. 2002/2750, art. 2(a)(vii)

F33Words in s. 4(1) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 68(2); S.I. 2002/2750, art. 2(a)(viii)

Commencement Information

I1S. 4 wholly in force at 1.4.1999; S. 4 not in force at Royal Assent, see s. 121; s. 4 in force so far as relating to a sex offender order by S.I. 1998/2327, art. 4(1); S. 4 in force at 1.4.1999 to the extent that it is not already in force by S.I. 1998/3263, art. 5
Crime and disorder strategiesE+W
5 Authorities responsible for strategies.E+W

(1)Subject to the provisions of this section, the functions conferred by section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say—

(a)the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; and

(b)every chief officer of police any part of whose police area lies within the area.

[F34(1A)The Secretary of State may by order provide in relation to any two or more local government areas in England—

(a)that the functions conferred by sections 6 to 7 below are to be carried out in relation to those areas taken together as if they constituted only one area; and

(b)that the persons who for the purposes of this Chapter are to be taken to be responsible authorities in relation to the combined area are the persons who comprise every person who (apart from the order) would be a responsible authority in relation to any one or more of the areas included in the combined area.

(1B)The Secretary of State shall not make an order under subsection (1A) above unless—

(a)an application for the order has been made jointly by all the persons who would be the responsible authorities in relation to the combined area or the Secretary of State has first consulted those persons; and

(b)he considers it would be in the interests of reducing crime and disorder, or of combatting the misuse of drugs, to make the order.]

(2)In exercising those functions, the responsible authorities shall act in co-operation with the following persons and bodies, namely—

[F35(b)every local probation board any part of whose area lies within the area;]

(c)every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection

[F36; and

(d)where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;]

and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of those functions.

(3)The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection.

(4)In this section and sections 6 and 7 below “local government area” means—

(a)in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;

(b)in relation to Wales, each county or county borough.

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Amendments (Textual)

F34S. 5(1A)(1B) inserted (1.10.2002 for E. otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 97(3); S.I. 2002/2306, art. 3(a)

F35S. 5(2)(b) substituted (1.10.2002 for E. otherwise prosp.) for s. 5(a)(b) by Police Reform Act 2002 (c. 30), s. 97(4)(a); S.I. 2002/2306, art. 3(a)

F36S. 5(2)(d) and preceding word inserted (1.10.2002 for E. otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 97(4)(b); S.I. 2002/2306, art. 3(a)

Modifications etc. (not altering text)

C3S. 5: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

Commencement Information

I2S. 5 wholly in force; S. 5 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
6 Formulation and implementation of strategies.E+W

(1)The responsible authorities for a local government area shall, in accordance with the provisions of section 5 above and this section, formulate and implement, for each relevant period,

[F37(a)in the case of an area in England—

(i)a strategy for the reduction of crime and disorder in the area; and

(ii)a strategy for combatting the misuse of drugs in the area;

and

(b)in the case of an area in Wales—

(i)a strategy for the reduction of crime and disorder in the area; and

(ii)a strategy for combatting substance misuse in the area.]

(2)Before formulating a strategy, the responsible authorities shall—

[F38(a)carry out, taking due account of the knowledge and experience of persons in the area, a review—

(i)in the case of an area in England, of the levels and patterns of crime and disorder in the area and of the level and patterns of the misuse of drugs in the area; and

(ii)in the case of an area in Wales, of the levels and patterns of crime and disorder in the area and of the level and patterns of substance misuse in the area;]

(b)prepare an analysis of the results of that review;

(c)publish in the area a report of that analysis; and

(d)obtain the views on that report of persons or bodies in the area (including those of a description prescribed by order under section 5(3) above), whether by holding public meetings or otherwise.

(3)In formulating a strategy, the responsible authorities shall have regard to the analysis prepared under subsection (2)(b) above and the views obtained under subsection (2)(d) above.

(4)A strategy shall include—

(a)objectives to be pursued by the responsible authorities, by co-operating persons or bodies or, under agreements with the responsible authorities, by other persons or bodies; and

(b)long-term and short-term performance targets for measuring the extent to which such objectives are achieved.

(5)After formulating a strategy, the responsible authorities shall publish in the area a document which includes details of—

(a)co-operating persons and bodies;

(b)the review carried out under subsection (2)(a) above;

(c)the report published under subsection (2)(c) above; and

(d)the strategy, including in particular—

(i)the objectives mentioned in subsection (4)(a) above and, in each case, the authorities, persons or bodies by whom they are to be pursued; and

(ii)the performance targets mentioned in subsection (4)(b) above.

(6)While implementing a strategy, the responsible authorities shall keep it under review with a view to monitoring its effectiveness and making any changes to it that appear necessary or expedient.

[F39(6A)Within one month of the end of each reporting period, the responsible authorities shall submit a report on the implementation of their strategies during that period—

(a)in the case of a report relating to the strategies for an area in England, to the Secretary of State; and

(b)in the case of a report relating to the strategies for an area in Wales, to the Secretary of State and to the National Assembly for Wales.]

(7)In this section—

“co-operating persons or bodies” means persons or bodies co-operating in the exercise of the responsible authorities’ functions under this section;
*

“relevant period” means—
(a)

the period of three years beginning with such day as the Secretary of State may by order appoint; and
(b)

each subsequent period of three years.
*

[F40“reporting period” means every period of one year which falls within a relevant period and which begins—
(a)

in the case of the first reporting period in the relevant period, with the day on which the relevant period begins; and
(b)

in any other case, with the day after the day on which the previous reporting period ends;
*

“substance misuse” includes the misuse of drugs or alcohol.]

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Subordinate Legislation Made

P1S. 6: 1.4.1999 appointed day for the purposes of s. 6 by S.I. 1998/3263, art. 7

Amendments (Textual)

F37S. 6(1)(a)(b) substituted (1.10.2002 for E. otherwise prosp.) for words by Police Reform Act 2002 (c. 30), s. 97(7); S.I.2002/2306, art. 3(a)

F38S. 6(2)(a) substituted (1.10.2002 for E. otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 97(9); S.I. 2002/2306, art. 3(a)

F39S. 6(6A) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 97(10); S.I. 2002/2306, art. 2(f)(viii)

F40S. 6(7): definitions of “reporting period” and “substance misuse” inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 97(11); S.I. 2002/2306, art. 2(f)(viii)

Modifications etc. (not altering text)

C4S. 6: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

Commencement Information

I3S. 6 wholly in force; S. 6 not in force at Royal Assent see s. 121; s. 6 in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
[F416A Powers of the Secretary of State and National Assembly for WalesE+W

(1)The Secretary of State may, by order, require—

(a)the responsible authorities for local government areas to formulate any section 6 strategy of theirs for the reduction of crime and disorder so as to include, in particular, provision for the reduction of—

(i)crime of a description specified in the order; or

(ii)disorder of a description so specified.

(b)the responsible authorities for local government areas in England to prepare any section 6 strategy of theirs for combatting the misuse of drugs so as to include in it a strategy for combatting, in the area in question, such other forms of substance misuse as may be specified or described in the order.

(2)After formulating any section 6 strategy (whether in a case in which there has been an order under subsection or in any other case), the responsible authorities for a local government area shall send both—

(a)a copy of the strategy, and

(b)a copy of the document which they propose to publish under section 6(5),

to the Secretary of State.

(3)It shall be the duty of the responsible authorities, when preparing any document to be published under section 6(5), to have regard to any guidance issued by the Secretary of State as to the form and content of the documents to be so published.

(4)If the responsible authorities for a local government area propose to make any changes to a section 6 strategy of theirs, they shall send copies of the proposed changes to the Secretary of State.

(5)In subsections (2) to (4)—

(a)references to the Secretary of State, in relation to responsible authorities for local government areas in Wales shall have effect as references to the Secretary of State and the National Assembly for Wales; and

(b)accordingly, guidance issued for the purposes of subsection (3) in relation to local government areas in Wales must be issued by the Secretary of State and that Assembly acting jointly.

(6)In this section—

“responsible authorities” and “local government area” have same meanings as in sections 5 and 6;
*

“section 6 strategy” means a strategy required to be formulated under section 6(1); and
*

“substance misuse” has the same meaning as in section 6.]

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Amendments (Textual)

F41S. 6A inserted (1.10.2002 for E. otherwise prosp.) by Police Reform Act 2002 (c. 30), s. 98; S.I. 2002/2306, art. 3(b)
7 Supplemental.E+W

(1)The responsible authorities for a local government area shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the exercise of their functions under section 6 above as may be specified in the requirement.

(2)A requirement under subsection (1) above may specify the form in which a report is to be given.

(3)The Secretary of State may arrange, or require the responsible authorities to arrange, for a report under subsection (1) above to be published in such manner as appears to him to be appropriate.

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Commencement Information

I4S. 7 wholly in force; S. 7 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
Youth crime and disorderE+W
8 Parenting orders.E+W

(1)This section applies where, in any court proceedings—

(a)a child safety order is made in respect of a child;

(b)an anti-social behaviour order or sex offender order is made in respect of a child or young person;

(c)a child or young person is convicted of an offence; or

(d)a person is convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the M4Education Act 1996.

(2)Subject to subsection (3) and section 9(1) below [F42 and to section 19(5) of, and paragraph 13(5) of Schedule 1 to, the Powers of Criminal Courts (Sentencing) Act 2000], if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person or, as the case may be, the person convicted of the offence under section 443 or 444 (“the parent”).

(3)A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.

(4)A parenting order is an order which requires the parent—

(a)to comply, for a period not exceeding twelve months, with such requirements as are specified in the order; and

(b)subject to subsection (5) below, to attend, for a concurrent period not exceeding three months and not more than once in any week, such counselling or guidance sessions as may be specified in directions given by the responsible officer;

and in this subsection “week” means a period of seven days beginning with a Sunday.

(5)A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where such an order has been made in respect of the parent on a previous occasion.

(6)The relevant condition is that the parenting order would be desirable in the interests of preventing—

(a)in a case falling within paragraph (a) or (b) of subsection (1) above, any repetition of the kind of behaviour which led to the child safety order, anti-social behaviour order or sex offender order being made;

(b)in a case falling within paragraph (c) of that subsection, the commission of any further offence by the child or young person;

(c)in a case falling within paragraph (d) of that subsection, the commission of any further offence under section 443 or 444 of the M5Education Act 1996.

(7)The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition or, as the case may be, the commission of any such further offence.

(8)In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—

(a)[F43an officer of a local probation board] ;

(b)a social worker of a local authority social services department; and

[F44(bb)a person nominated by a person appointed as chief education officer under section 532 of the M6Education Act 1996]

(c)a member of a youth offending team.

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Amendments (Textual)

F42Words in s. 8(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 194

F43Words in s. 8(8)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F44S. 8(8)(bb) inserted (1.4.2001) by 2000 c. 43, s. 73; S.I. 2001/919, art. 2(d)

Modifications etc. (not altering text)

C5S. 8 restricted (26.6.2000) by 1999 c. 23, ss. 4(5)(6), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2; which s. 4 of that 1999 Act was repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Commencement Information

I5S. 8 wholly in force; S. 8 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M41996 c.56.

M51996 c.56.

M61996 c. 56.
9 Parenting orders: supplemental.E+W

(1)Where a person under the age of 16 is convicted of an offence, the court by or before which he is so convicted—

(a)if it is satisfied that the relevant condition is fulfilled, shall make a parenting order; and

(b)if it is not so satisfied, shall state in open court that it is not and why it is not.

[F45(1A)Subsection (1) above has effect subject to [F46section 19(5) of, and paragraph 13(5) of Schedule 1 to, the Powers of Criminal Courts (Sentencing) Act 2000].]

(2)Before making a parenting order—

(a)in a case falling within paragraph (a) of subsection (1) of section 8 above;

(b)in a case falling within paragraph (b) or (c) of that subsection, where the person concerned is under the age of 16; or

(c)in a case falling within paragraph (d) of that subsection, where the person to whom the offence related is under that age,

a court shall obtain and consider information about the person’s family circumstances and the likely effect of the order on those circumstances.

(3)Before making a parenting order, a court shall explain to the parent in ordinary language—

(a)the effect of the order and of the requirements proposed to be included in it;

(b)the consequences which may follow (under subsection (7) below) if he fails to comply with any of those requirements; and

(c)that the court has power (under subsection (5) below) to review the order on the application either of the parent or of the responsible officer.

(4)Requirements specified in, and directions given under, a parenting order shall, as far as practicable, be such as to avoid—

(a)any conflict with the parent’s religious beliefs; and

(b)any interference with the times, if any, at which he normally works or attends an educational establishment.

(5)If while a parenting order is iwere exercising the power.

(6)Where an application under subsection (5) above for the discharge of a parenting order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(7)If while a parenting order is in force the parent without reasonable excuse fails to comply with any requirement included in the order, or specified in directions given by the responsible officer, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Amendments (Textual)

F45S. 9(1A) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 paras. 25, 27 (with Sch. 7 paras. 3(3), 5(2)); 2000/1587, art. 2

F46Words in s. 9(1A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 195

Commencement Information

I6S. 9 wholly in force; S. 9 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
10 Appeals against parenting orders.E+W

(1)An appeal shall lie—

(a)to the High Court against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 8 above; and

(b)to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection.

(2)On an appeal under subsection (1) above the High Court or the Crown Court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal; and

(b)may also make such incidental or consequential orders as appear to it to be just.

(3)Any order of the High Court or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (5) to (7) of section 9 above, be treated as if it were an order of the court from which the appeal was brought and not an order of the High Court or the Crown Court.

(4)A person in respect of whom a parenting order is made by virtue of section 8(1)(c) above shall have the same right of appeal against the making of the order as if—

(a)the offence that led to the making of the order were an offence committed by him; and

(b)the order were a sentence passed on him for the offence.

(5)A person in respect of whom a parenting order is made by virtue of section 8(1)(d) above shall have the same right of appeal against the making of the order as if the order were a sentence passed on him for the offence that led to the making of the order.

(6)The Lord Chancellor may by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the M7Children Act 1989 (“the 1989 Act”).

(7)Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection.

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Commencement Information

I7S. 10 wholly in force at 1.6.2000; S. 10 not in force at Royal Assent see s. 121; S. 10(1)-(5) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 10(6)(7) in force at 1.6.2000 by S.I. 2000/924, art. 5

Marginal Citations

M71989 c.41.
11 Child safety orders.E+W

(1)Subject to subsection (2) below, if a magistrates’ court, on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a “child safety order”) which—

(a)places the child, for a period (not exceeding the permitted maximum) specified in the order, under the supervision of the responsible officer; and

(b)requires the child to comply with such requirements as are so specified.

(2)A court shall not make a child safety order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears that the child resides or will reside and the notice has not been withdrawn.

(3)The conditions are—

(a)that the child has committed an act which, if he had been aged 10 or over, would have constituted an offence;

(b)that a child safety order is necessary for the purpose of preventing the commission by the child of such an act as is mentioned in paragraph (a) above;

(c)that the child has contravened a ban imposed by a curfew notice; and

(d)that the child has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

(4)The maximum period permitted for the purposes of subsection (1)(a) above is three months or, where the court is satisfied that the circumstances of the case are exceptional, 12 months.

(5)The requirements that may be specified under subsection (1)(b) above are those which the court considers desirable in the interests of—

(a)securing that the child receives appropriate care, protection and support and is subject to proper control; or

(b)preventing any repetition of the kind of behaviour which led to the child safety order being made.

(6)Proceedings under this section or section 12 below shall be family proceedings for the purposes of the 1989 Act or section 65 of the M8Magistrates’ Courts Act 1980 (“the 1980 Act”); and the standard of proof applicable to such proceedings shall be that applicable to civil proceedings.

(7)In this section “local authority” has the same meaning as in the 1989 Act.

(8)In this section and section 12 below, “responsible officer”, in relation to a child safety order, means one of the following who is specified in the order, namely—

(a)a social worker of a local authority social services department; and

(b)a member of a youth offending team.

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Commencement Information

I8S. 11 wholly in force; S. 11 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M81980 c.43.
12 Child safety orders: supplemental.E+W

(1)Before making a child safety order, a magistrates’ court shall obtain and consider information about the child’s family circumstances and the likely effect of the order on those circumstances.

(2)Before making a child safety order, a magistrates’ court shall explain to the parent or guardian of the child in ordinary language—

(a)the effect of the order and of the requirements proposed to be included in it;

(b)the consequences which may follow (under subsection (6) below) if the child fails to comply with any of those requirements; and

(c)that the court has power (under subsection (4) below) to review the order on the application either of the parent or guardian or of the responsible officer.

(3)Requirements included in a child safety order shall, as far as practicable, be such as to avoid—

(a)any conflict with the parent’s religious beliefs; and

(b)any interference with the times, if any, at which the child normally attends school.

(4)If while a child safety order is in force in respect of a child it appears to the court which made it, on the application of the responsible officer or a parent or guardian of the child, that it is appropriate to make an order under this subsection, the court may make an order discharging the child safety order or varying it—

(a)by cancelling any provision included in it; or

(b)by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(5)Where an application under subsection (4) above for the discharge of a child safety order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(6)Where a child safety order is in force and it is proved to the satisfaction of the court which made it or another magistrates’ court acting for the same petty sessions area, on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court—

(a)may discharge the order and make in respect of him a care order under subsection (1)(a) of section 31 of the 1989 Act; or

(b)may make an order varying the order—

(i)by cancelling any provision included in it; or

(ii)by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(7)Subsection (6)(a) above applies whether or not the court is satisfied that the conditions mentioned in section 31(2) of the 1989 Act are fulfilled.

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Commencement Information

I9S. 12 wholly in force; S. 12 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
13 Appeals against child safety orders.E+W

(1)An appeal shall lie to the High Court against the making by a magistrates’ court of a child safety order; and on such an appeal the High Court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal; and

(b)may also make such incidental or consequential orders as appear to it to be just.

(2)Any order of the High Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (4) to (6) of section 12 above, be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the High Court.

(3)Subsections (6) and (7) of section 10 above shall apply for the purposes of subsection (1) above as they apply for the purposes of subsection (1)(a) of that section.

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Commencement Information

I10S. 13 wholly in force at 1.6.2000; S. 13 not in force at Royal Assent see s. 121; S. 13(1)(2) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 13(3) in force at 1.6.2000 by S.I. 2000/924, art. 5
14 Local child curfew schemes.E+W

(1)A local authority [F47or a chief officer of police] may make a scheme (a “local child curfew scheme”) for enabling the authority [F48or (as the case may be) the officer]—

(a)subject to and in accordance with the provisions of the scheme; and

(b)if, after such consultation as is required by the scheme, the authority [F48or (as the case may be) the officer] considers it necessary to do so for the purpose of maintaining order,

to give a notice imposing, for a specified period (not exceeding 90 days), a ban to which subsection (2) below applies.

(2)This subsection applies to a ban on children of specified ages ([F49under 16]) being in a public place within a specified area—

(a)during specified hours (between 9 pm and 6 am); and

(b)otherwise than under the effective control of a parent or a responsible person aged 18 or over.

(3)Before making a local child curfew scheme, a local authority shall consult—

(a)every chief officer of police any part of whose police area lies within its area; and

(b)such other persons or bodies as it considers appropriate.

[F50(3A)Before making a local child curfew scheme, a chief officer of police shall consult—

(a)every local authority any part of whose area lies within the area to be specified; and

(b)such other persons or bodies as he considers appropriate.]

[F51(4)A local child curfew scheme shall, if made by a local authority, be made under the common seal of the authority.

(4A)A local child curfew scheme shall not have effect until it is confirmed by the Secretary of State.]

(5)The Secretary of State—

(a)may confirm, or refuse to confirm, a local child curfew scheme submitted under this section for confirmation; and

(b)may fix the date on which such a scheme is to come into operation;

and if no date is so fixed, the scheme shall come into operation at the end of the period of one month beginning with the date of its confirmation.

(6)A notice given under a local child curfew scheme (a “curfew notice”) may specify different hours in relation to children of different ages.

(7)A curfew notice shall be given—

(a)by posting the notice in some conspicuous place or places within the specified area; and

(b)in such other manner, if any, as appears to the local authority [F52or (as the case may be) the chief officer of police] to be desirable for giving publicity to the notice.

(8)In this section—

“local authority” means—
(a)

in relation to England, the council of a district or London borough, the Common Council of the City of London, the Council of the Isle of Wight and the Council of the Isles of Scilly;
(b)

in relation to Wales, the council of a county or county borough;
*

“public place” has the same meaning as in Part II of the M9Public Order Act 1986.

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Amendments (Textual)

F47Words in s. 14(1) inserted (1.8.2001) by 2001 c. 16, s. 49(2)(a); S.I. 2001/2223, art. 3

F48Words in s. 14(1) inserted (1.8.2001) by 2001 c. 16, s. 49(2)(b); S.I. 2001/2223, art. 3

F49Words in s. 14(2) substituted (1.8.2001) by 2001 c. 16, s. 48; S.I. 2001/2223, art. 3

F50S. 14(3A) inserted (1.8.2001) by 2001 c. 16, s. 49(3); S.I. 2001/2223, art. 3

F51S. 14(4)(4A) substituted (1.8.2001) for s. 14(4) by 2001 c. 16, s. 49(4); S.I. 2001/2223, art. 3

F52Words in s. 14(7)(b) inserted (1.8.2001) by 2001 c. 16, s. 49(5); S.I. 2001/2223, art. 3

Commencement Information

I11S. 14 wholly in force; S. 14 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M91986 c.64.
15 Contravention of curfew notices.E+W

(1)Subsections (2) and (3) below apply where a constable has reasonable cause to believe that a child is in contravention of a ban imposed by a curfew notice.

(2)The constable shall, as soon as practicable, inform the local authority for the area that the child has contravened the ban.

(3)The constable may remove the child to the child’s place of residence unless he has reasonable cause to believe that the child would, if removed to that place, be likely to suffer significant harm.

(4)In subsection (1) of section 47 of the 1989 Act (local authority’s duty to investigate)—

(a)in paragraph (a), after sub-paragraph (ii) there shall be inserted the following sub-paragraph—

“(iii)has contravened a ban imposed by a curfew notice within the meaning of Chapter I of Part I of the Crime and Disorder Act 1998; or”; and

(b)at the end there shall be inserted the following paragraph— “ In the case of a child falling within paragraph (a)(iii) above, the enquiries shall be commenced as soon as practicable and, in any event, within 48 hours of the authority receiving the information.”

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Commencement Information

I12S. 15 wholly in force; S. 15 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
16 Removal of truants to designated premises etc.E+W

(1)This section applies where a local authority—

(a)designates premises in a police area (“designated premises”) as premises to which children and young persons of compulsory school age may be removed under this section; and

(b)notifies the chief officer of police for that area of the designation.

(2)A police officer of or above the rank of superintendent may direct that the powers conferred on a constable by subsection (3) below—

(a)shall be exercisable as respects any area falling within the police area and specified in the direction; and

(b)shall be so exercisable during a period so specified;

and references in that subsection to a specified area and a specified period shall be construed accordingly.

(3)If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period—

(a)is of compulsory school age; and

(b)is absent from a school without lawful authority,

the constable may remove the child or young person to designated premises, or to the school from which he is so absent.

[F53(3A)The power of a police officer of or above the rank of superintendent under subsection (2) to specify any area falling within a police area shall be exercisable by such an officer who is a member of the British Transport Police as if the reference in that subsection to an area in the police area were a reference to—

(a)any area in or in the vicinity of any policed premises; or

(b)the whole or any part of any such premises;

and references in subsection (3) to the specified area shall have effect accordingly.]

(4)A child’s or young person’s absence from a school shall be taken to be without lawful authority unless it falls within subsection (3) (leave, sickness, unavoidable cause or day set apart for religious observance) of section 444 of the M10Education Act 1996.

(5)In this section—

[F54“British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]
*

“local authority” means—
(a)

in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;
(b)

in relation to Wales, a county council or a county borough council;
*

[F55“policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949;]
*

“public place” has the same meaning as in section 14 above;
*

“school” has the same meaning as in the M11Education Act 1996.

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Amendments (Textual)

F53S. 16(3A) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(1); S.I. 2002/2306, art. 2(d)(vii)

F54S. 16(5): definition of “British Transport Police” inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(a); S.I. 2002/2306, art. 2(d)(vii)

F55S. 16(5): definition of “policed premises” inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(b); S.I. 2002/2306 {art. 2(d)(vii)}

Marginal Citations

M101996 c.56.

M111996 c.56.
Miscellaneous and supplementalE+W
17 Duty to consider crime and disorder implications.E+W

(1)Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.

(2)This section applies to a local authority, a joint authority, [F56the London Fire and Emergency Planning Authority,] a police authority, a National Park authority and the Broads Authority.

(3)In this section—

“local authority” means a local authority within the meaning given by section 270(1) of the M12Local Government Act 1972 or the Common Council of the City of London;
*

“joint authority” has the same meaning as in the M13Local Government Act 1985;
*

“National Park authority” means an authority established under section 63 of the M14Environment Act 1995.

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Amendments (Textual)

F56Words in s. 17(2) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 63 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4

Commencement Information

I13S. 17 wholly in force; S. 17 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M121972 c.70.

M131985 c.51.

M141995 c.25.
18 Interpretation etc. of Chapter I.E+W

(1)In this Chapter—

“anti-social behaviour order” has the meaning given by section 1(4) above;
*

“chief officer of police” has the meaning given by section 101(1) of the M15Police Act 1996;
*

“child safety order” has the meaning given by section 11(1) above;
*

“curfew notice” has the meaning given by section 14(6) above;
*

“local child curfew scheme” has the meaning given by section 14(1) above;
*

“parenting order” has the meaning given by section 8(4) above;
*

“police area” has the meaning given by section 1(2) of the M16Police Act 1996;
*

“police authority” has the meaning given by section 101(1) of that Act;
*

“responsible officer”—
(a)

in relation to a parenting order, has the meaning given by section 8(8) above;
(b)

in relation to a child safety order, has the meaning given by section 11(8) above;
*

“sex offender order” has the meaning given by section 2(3) above.

[F57(2)In this Chapter, “protecting the public from serious harm” shall be construed in accordance with section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000.]

(3)Where directions under a parenting order are to be given by [F58an officer of a local probation board], [F58the officer of a local probation board] shall be an officer appointed for or assigned to the petty sessions area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

(4)Where the supervision under a child safety order is to be provided, or directions under a parenting order are to be given, by—

(a)a social worker of a local authority social services department; or

(b)a member of a youth offending team,

the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the child or, as the case may be, the parent resides or will reside.

(5)For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.

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Amendments (Textual)

F57S. 18(2) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 196

F58Words in s. 18(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4; S.I. 2001/919, art. 2(f)(i)

Commencement Information

I14S. 18 wholly in force; s. 18 not in force at Royal Assent see s. 121; In force at 30.9.1998 by 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M151996 c.16.

M161996 c.16.
Chapter IIS Scotland
19 Anti-social behaviour orders.S

(1)A local authority may make an application for an order under this section if it appears to the authority that the following conditions are fulfilled with respect to any person of or over the age of 16, namely—

(a)that the person has—

(i)acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause alarm or distress; or

(ii)pursued a course of anti-social conduct, that is to say, pursued a course of conduct that caused or was likely to cause alarm or distress,

to one or more persons not of the same household as himself in the authority’s area (and in this section “anti-social acts” and “anti-social conduct” shall be construed accordingly); and

(b)that such an order is necessary to protect persons in the authority’s area from further anti-social acts or conduct by him.

(2)An application under subsection (1) above shall be made by summary application to the sheriff within whose sheriffdom the alarm or distress was alleged to have been caused or to have been likely to be caused.

(3)On an application under subsection (1) above, the sheriff may, if he is satisfied that the conditions mentioned in that subsection are fulfilled, make an order under this section (an “anti-social behaviour order”) which, for the purpose of protecting persons in the area of the local authority from further anti-social acts or conduct by the person against whom the order is sought, prohibits him from doing anything described in the order.

(4)For the purpose of determining whether the condition mentioned in subsection (1)(a) is fulfilled, the sheriff shall disregard any act of the person in respect of whom the application is made which that person shows was reasonable in the circumstances.

(5)This section does not apply in relation to anything done before the commencement of this section.

(6)Nothing in this section shall prevent a local authority from instituting any legal proceedings otherwise than under this section against any person in relation to any anti-social act or conduct.

(7)In this section “conduct” includes speech and a course of conduct must involve conduct on at least two occasions.

(8)In this section and section 21 below “local authority” means a council constituted under section 2 of the M17Local Government etc. (Scotland) Act 1994 and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted.

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Commencement Information

I15S. 19 wholly in force at 1.4.1999; S. 19 not in force at Royal assent, see s. 121; S. 19 in force in Scotland at 1.4.1999 by S.I. 1998/3263, art. 5

Marginal Citations

M171994 c.39.
20 Sex offender orders.S

(1)An application for an order under this section may be made by a chief constable if it appears to him that the conditions mentioned in subsection (2) below are fulfilled with respect to any person [F59who he believes is in, or is intending to come to, the area of his police force] .

(2)The conditions are—

(a)that the person in respect of whom the application for the order is made is—

(i)of or over the age of 16 years; and

(ii)a sex offender; and

(b)that the person has acted, since the relevant date, in such a way as to give reasonable cause to believe that an order under this section is necessary to protect [F60the public in the United Kingdom, or any particular members of that public] from serious harm from him.

(3)An application under subsection (1) above shall be made by summary application to

[F61(a)] the sheriff within whose sheriffdom the person is alleged to have acted as mentioned in subsection (2)(b) above.

[F62; or

(b)the sheriff whose sheriffdom includes any part of the area of the applicant’s police force.]

(4)On an application under subsection (1) above the sheriff may—

(a)pending the determination of the application, make any such interim order as he considers appropriate; and

(b)if he is satisfied that the conditions mentioned in subsection (2) above are fulfilled, make an order under this section (“a sex offender order”) which prohibits the person in respect of whom it is made from doing anything described in the order.

(5)The prohibitions that may be imposed by an order made under subsection (4) above are those necessary for the purpose of protecting [F63the public in the United Kingdom, or any particular members of that public,] from serious harm from the person in respect of whom the order is made.

(6)While a sex offender order has effect, Part I of the M18Sex Offenders Act 1997 shall have effect as if—

(a)the person in respect of whom the order has been obtained were subject to the notification requirements of that Part; and

(b)in relation to that person, the relevant date (within the meaning of that Part) were the date on which the copy of the order was given or delivered to that person in accordance with subsections (8) and (9) of section 21 below.

(7)Section 3 above applies for the purposes of this section as it applies for the purposes of section 2 above with the following modifications—

(a)any reference in that section to the defendant shall be construed as a reference to the person in respect of whom the order is sought; and

(b)in subsection (2) of that section, the reference to subsection (1) of the said section 2 shall be construed as a reference to subsection (2)(b) of this section.

(8)A constable may arrest without warrant a person whom he reasonably suspects of doing, or having done, anything prohibited by an order under subsection (4)(a) above or a sex offender order.

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Amendments (Textual)

F59Words in s. 20(1) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 70(2); S.I. 2002/420, art. 2

F60Words in s. 20(2)(b) substituted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 70(3); S.I. 2002/420, art. 2

F61Words in s. 20(3) inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 70(4)(a); S.I. 2002/420, art. 2

F62S. 20(3)(b) and preceding word inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 70(4)(b); S.I. 2002/420, art. 2

F63Words in s. 20(5) substituted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(5)(9); S.I. 2002/420, art. 2

Marginal Citations

M181997 c.51.
21 Procedural provisions with respect to orders.S

(1)Before making an application under—

(a)section 19(1) above;

(b)subsection (7)(b)(i) below,

the local authority shall consult the relevant chief constable.

(2)Before making an application under section 20(1) above or subsection (7)(b)(i) below, the chief constable shall consult the local authority within whose area the person in respect of whom the order is sought is for the time being.

(3)In subsection (1) above “relevant chief constable” means the chief constable of the police force maintained under the M19Police (Scotland) Act 1967 the area of which includes the area of the local authority making the application.

(4)A failure to comply with subsection (1) or (2) above shall not affect the validity of an order made on any application to which either of those subsections applies.

(5)A record of evidence shall be kept on any summary application under section 19 or 20 above or subsection (7)(b) below.

(6)Subsections (7) to (9) below apply to anti-social behaviour orders and sex offender orders and subsections (8) and (9) below apply to an order made under section 20(4)(a) above.

(7)An order to which this subsection applies—

(a)shall have effect for a period specified in the order or indefinitely; and

(b)may at any time be varied or revoked [F64(in the case of a sex offender order, by the appropriate court for that order)] on a summary application by—

(i)the local authority or, as the case may be, chief constable who obtained the order [F65or, in the case of a sex offender order, any other relevant chief constable] ; or

(ii)the person subject to the order.

[F66(7A)In subsection (7) above—

“the appropriate court” means—
(a)

the sheriff who made the sex offender order; or
(b)

the sheriff whose sheriffdom includes any part of the area of the applicant’s police force or of the police force of any other relevant chief constable;
*

“relevant chief constable” means a chief constable who believes that the accused is in, or is intending to come to, the area of his police force.]

[F67(7B)Where a sheriff makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.]

(8)The clerk of the court by which an order to which this subsection applies is made or varied shall cause a copy of the order as so made or varied to be—

(a)given to the person named in the order; or

(b)sent to the person so named by registered post or by the recorded delivery service.

(9)An acknowledgement or certificate of delivery of a letter sent under subsection (8)(b) above issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

(10)Where an appeal is lodged against the determination of an application under section 19 or 20 above or subsection (7)(b) above, any order made on the application shall, without prejudice to the determination of an application under subsection (7)(b) above made after the lodging of the appeal, continue to have effect pending the disposal of the appeal.

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Amendments (Textual)

F64Words in s. 21(7)(b) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(6)(a)(9); S.I. 2002/420, art. 2

F65Words in s. 21(7)(b)(i) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(6)(b); S.I. 2002/420, art. 2

F66S. 21(7A) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(7)(9); S.I. 2002/420, art. 2

F67S. 21(7B) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(8)(9); S.I. 2002/420, art. 2

Commencement Information

I16S. 21 wholly in force at 1.4.1999; s. 21 not in force at Royal Assent see s. 121; s. 21 in force at 1.12.1998 for the purposes of sex offender orders made under s. 20 and orders made under s. 20(4)(a) by S.I. 1998/2327, art. 4(1); S. 21 in force to the extent that it is not already in force at 1.4.1999 by S.I. 1998/3263, art. 5

Marginal Citations

M191967 c.77.
[F6821A Sex offender orders made in England and Wales or Northern IrelandS

(1)If without reasonable excuse a person does anything in Scotland which he is prohibited from doing there by—

(a)an order under section 2(3) or 2A above; or

(b)an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),

he is guilty of an offence.

(2)A person who is guilty of an offence under subsection (1) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.]

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Amendments (Textual)

F68S. 21A inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 71; S.I. 2002/420, art. 2
22 Offences in connection with breach of orders.S

(1)Subject to subsection (3) below, if without reasonable excuse a person breaches an anti-social behaviour order by doing anything which he is prohibited from doing by the order, he shall be guilty of an offence and shall be liable—

(a)on summary conviction, to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

(2)Subsection (3) applies where—

(a)the breach of the anti-social behaviour order referred to in subsection (1) above consists in the accused having acted in a manner prohibited by the order which constitutes a separate offence (in this section referred to as the “separate offence”); and

(b)the accused has been charged with that separate offence.

(3)Where this subsection applies, the accused shall not be liable to be proceeded against for an offence under subsection (1) above but, subject to subsection (4) below, the court which sentences him for that separate offence shall, in determining the appropriate sentence or disposal for that offence, have regard to—

(a)the fact that the offence was committed by him while subject to an anti-social behaviour order;

(b)the number of such orders to which he was subject at the time of the commission of the offence;

(c)any previous conviction of the accused of an offence under subsection (1) above; and

(d)the extent to which the sentence or disposal in respect of any such previous conviction of the accused differed, by virtue of this subsection, from that which the court would have imposed but for this subsection.

(4)The court shall not, under subsection (3) above, have regard to the fact that the separate offence was committed while the accused was subject to an anti-social behaviour order unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.

(5)The fact that the separate offence was committed while the accused was subject to an anti-social behaviour order shall, unless challenged—

(a)in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72 of the M20Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) or under that paragraph as applied by section 71(2) of that Act; or

(b)in summary proceedings, by preliminary objection before his plea is recorded,

be held as admitted.

(6)Subject to subsection (7) below, subsections (1) to (5) above apply in relation to an order under section 20(4)(a) above and to a sex offender order as they apply in relation to an anti-social behaviour order.

(7)Subsection (2) above as applied for the purposes of subsection (6) above shall have effect with the substitution of the words “ at the time at which he committed” for the words “which constitutes”.

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Commencement Information

I17S. 22 wholly in force at 1.4.1999; S. 22 not in force at Royal Assent, see s. 121; S. 22(6)(7) and for the purposes of their application to an order under s. 20(4)(a) and to a sex offender order made under s. 20, s. 22(1)-(5) in force at 1.12.1998 by S.I. 1998/2327, art. 4(1); S. 22 in force to the extent that it is not already in force at 1.4.1999 by S.I. 1998/3263, art. 5

Marginal Citations

M201995 c.46.
23 Anti-social behaviour as ground of eviction.S

(1)F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For Ground 15 in Schedule 5 to the M21Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following—
“ Ground 15

The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has—

(a)been convicted of—

(i)using or allowing the house to be used for immoral or illegal purposes; or

(ii)an offence punishable by imprisonment committed in, or in the locality of, the house; or

(b)acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or

(c)pursued a course of anti-social conduct in relation to such a person as is mentioned in head (b) above.

In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.”

(5)No person shall be liable to eviction under paragraph 2 or 7 of Schedule 3 to the M22Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the M23Housing (Scotland) Act 1988 as substituted respectively by subsection (2), (3) and (4) above in respect of any act or conduct before the commencement of this section unless he would have been liable to be evicted under those paragraphs or, as the case may be, that Ground as they had effect before that substitution.

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Amendments (Textual)

F69S. 23(1)-(3) repealed (30.9.2002) by The Housing (Scotland) Act 2001 (asp 10), s. 112, Sch. 10 para. 27; S.S.I. 2002/321, art. 2, Sch. (with arts. 3-5)

Marginal Citations

M211988 c.43.

M221987 c.26.

M231988 c.43.
24 Noise-making equipment: police power of seizure.S

(1)The M24Civic Government (Scotland) Act 1982 shall be amended in accordance with this section.

(2)In section 54 (offence of playing instruments, etc.), after subsection (2) there shall be inserted the following subsections—

“(2A)Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there.

(2B)A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above.

(2C)Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect.”

(3)In section 60 (powers of search and seizure)—

(a)in subsection (5)—

(i)after the words “Nothing in” there shall be inserted the words “ section 54(2A) of this Act or”; and

(ii)for the words from “which” to the end there shall be substituted the words “ which is otherwise exercisable by a constable”; and

(b)in subsection (6)—

(i)in paragraph (a), for the words from “in pursuance” to the word “vessel” there shall be substituted the words— “to enter and search—

(i)any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or

(ii)any vehicle or vessel in pursuance of the said subsection (1),”; and

(ii)in paragraph (c), after “under” there shall be inserted the words “ section 54(2A) of this Act or”.

(4)After Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Act.

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Marginal Citations

M241982 c.45.
Chapter IIIE+W+S Great Britain
25 Powers to require removal of masks etc.E+W+S

[F70(1)After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the M25Criminal Justice and Public Order Act 1994 (“the 1994 Act”) there shall be inserted the following subsection—

“(4A)This section also confers on any constable in uniform power—

(a)to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;

(b)to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.”]

(2)In subsection (5) of that section, for the words “those powers” there shall be substituted the words “ the powers conferred by subsection (4) above”.

(3)In subsection (8) of that section, for the words “to stop or (as the case may be) to stop the vehicle” there shall be substituted the following paragraphs—

“(a)to stop, or to stop a vehicle; or

(b)to remove an item worn by him,”.

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Amendments (Textual)

F70S. 25(1) repealed (E.W.) (14.12.2001) by 2001 c. 24, ss. 125, 127(2)(i), Sch. 8 Pt. 6

Commencement Information

I18S. 25 wholly in force at 1.3.1999; S. 25 not in force at Royal Assent, see s. 121; S. 25 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commencement of s. 25 omitted (30.8.1998) by virtue of S.I. 1998/2906, art. 2); S. 25 in force at 1.3.1999 by S.I. 1998/3263, art. 4

Marginal Citations

M251994 c.33.
26 Retention and disposal of things seized.

After section 60 of the 1994 Act there shall be inserted the following section—
“60A Retention and disposal of things seized under section 60.

(1)Any things seized by a constable under section 60 may be retained in accordance with regulations made by the Secretary of State under this section.

(2)The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things.

(3)Regulations under this section may make different provisions for different classes of things or for different circumstances.

(4)The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

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Commencement Information

I19 S. 26 wholly in force at 1.3.1999; S. 26 not in force at Royal Assent, see s. 121; S. 26 in force at 1.12.1998 for the purpose of making regulations under s. 60A of the Criminal Justice and Public Order Act 1994 by S.I. 1998/2327, art. 4(1) (as amended by 1998/2906, art. 2(3)); S. 26 in force at 1.3.1999 by S.I. 1998/3263, art. 4
27 Power of arrest for failure to comply with requirement.E+W+S

(1)In section 24(2) (arrestable offences) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”), after paragraph (n) there shall be inserted—

“(o)an offence under section 60(8)(b) of the M26Criminal Justice and Public Order Act 1994 (failing to comply with requirement to remove mask etc.);”.

(2)After section 60A of the 1994 Act there shall be inserted the following section—
“60B Arrest without warrant for offences under section 60: Scotland.

In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under section 60(8) he may arrest that person without warrant.”

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Commencement Information

I20S. 27 wholly in force at 1.3.1999; S. 27 not in force at Royal Assent, see s. 121; S. 27 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commnecement of s. 27 omitted (30.8.1998) by virtue of 1998/2906, art. 2(2)); S. 27 in force at 1.3.1999 by S.I. 1998/3263, art. 4

Marginal Citations

M261994 c.33.
Part IIE+W+S+N.I. Criminal law
[F71Racially or religiously aggravated] offences: England and WalesE+W

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Amendments (Textual)

F71Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)
28 Meaning of “ [F72racially or religiously aggravated]”.E+W

(1)An offence is [F72racially or religiously aggravated] for the purposes of sections 29 to 32 below if—

(a)at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a [F73racial or religious group]; or

(b)the offence is motivated (wholly or partly) by hostility towards members of a [F73racial or religious group] based on their membership of that group.

(2)In subsection (1)(a) above—

“membership”, in relation to a [F73racial or religious group], includes association with members of that group;
*

“presumed” means presumed by the offender.

(3)It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, [F74on any other factor not mentioned in that paragraph.]

(4)In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

[F75(5)In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.]

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Amendments (Textual)

F72Words in s. 28(1) and the sidenote substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(a), 127(2) (with s. 42)

F73Words in s. 28(1)(2) substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(b), 127(2) (with s. 42)

F74Words in s. 28(3) substituted (14.12.2001) for s. 28(3)(a)(b) by 2001 c. 24, ss. 39(3)(c), 127(2) (with s. 42)

F75S. 28(5) inserted (14.12.2001) by 2001 c. 24, ss. 39(4), 127(2) (with s. 42)

Modifications etc. (not altering text)

C6S. 28 applied (25.8.2000) by 2000 c. 6, ss. 153(3), 168(1)

Commencement Information

I21S. 28 wholly in force; S. 28 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
29[F76Racially or religiously aggravated] assaults.E+W

(1)A person is guilty of an offence under this section if he commits—

(a)an offence under section 20 of the Offences Against the M27Person Act 1861 (malicious wounding or grievous bodily harm);

(b)an offence under section 47 of that Act (actual bodily harm); or

(c)common assault,

which is [F77racially or religiously aggravated] for the purposes of this section.

(2)A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(3)A person guilty of an offence falling within subsection (1)(c) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

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Amendments (Textual)

F76Words in the sidenote to s. 28 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(a) (with s. 42)

F77Words in s. 29(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(a) (with s. 42)

Commencement Information

I22S. 29 wholly in force; S. 29 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M271861 c.100.
30[F78Racially or religiously aggravated] criminal damage.E+W

(1)A person is guilty of an offence under this section if he commits an offence under section 1(1) of the M28Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is [F79racially or religiously aggravated] for the purposes of this section.

(2)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.

(3)For the purposes of this section, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence.

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Amendments (Textual)

F78Words in the sidenote to s. 30 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(b) (with s. 42)

F79Words in s. 30(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(b) (with s. 42)

Commencement Information

I23S. 30 wholly in force; S. 30 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M281971 c.48.

31 [F80Racially or religiously aggravated] public order offences.

(1)A person is guilty of an offence under this section if he commits—

(a)an offence under section 4 of the M29Public Order Act 1986 (fear or provocation of violence);

(b)an offence under section 4A of that Act (intentional harassment, alarm or distress); or

(c)an offence under section 5 of that Act (harassment, alarm or distress),

which is [F81racially or religiously aggravated] for the purposes of this section.

(2)A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence falling within subsection (1)(a) or (b) above.

(3)A constable may arrest a person without warrant if—

(a)he engages in conduct which a constable reasonably suspects to constitute an offence falling within subsection (1)(c) above;

(b)he is warned by that constable to stop; and

(c)he engages in further such conduct immediately or shortly after the warning.

The conduct mentioned in paragraph (a) above and the further conduct need not be of the same nature.

(4)A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(5)A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6)If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(7)For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.

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Amendments (Textual)

F80Words in the sidenote to s. 31 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(c) (with s. 42)

F81Words in s. 31(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(c) (with s. 42)

Commencement Information

I24S. 31 wholly in force; S. 31 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M291986 c.64.

32 [F82Racially or religiously aggravated] harassment etc.

(1)A person is guilty of an offence under this section if he commits—

(a)an offence under section 2 of the M30Protection from Harassment Act 1997 (offence of harassment); or

(b)an offence under section 4 of that Act (putting people in fear of violence),

which is [F83racially or religiously aggravated] for the purposes of this section.

(2)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person guilty of an offence falling within subsection (1)(a) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4)A person guilty of an offence falling within subsection (1)(b) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(5)If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(6)If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.

(7)Section 5 of the M31Protection from Harassment Act 1997 (restraining orders) shall have effect in relation to a person convicted of an offence under this section as if the reference in subsection (1) of that section to an offence under section 2 or 4 included a reference to an offence under this section.

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Amendments (Textual)

F82Words in the sidenote to s. 32 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(d), 127(2) (with s. 42)

F83Words in s. 32(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(d), 127(2) (with s. 42)

F84S. 32(2) repealed (1.10.2002) by Police Reform Act 2002 (c. 30), s. 107(2), Sch. 8; S.I. 2002/2306, art. 2(g)(iii)(f)

Commencement Information

I25S. 32 wholly in force; S. 32 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M301997 c.40.

M311997 c.40.
Racially-aggravated offences: ScotlandS
33 Racially-aggravated offences.S

After section 50 of the M32Criminal Law (Consolidation) (Scotland) Act 1995 there shall be inserted the following section—
“ Racially-aggravated harassmentS

50A Racially-aggravated harassment.

(1)A person is guilty of an offence under this section if he—

(a)pursues a racially-aggravated course of conduct which amounts to harassment of a person and—

(i)is intended to amount to harassment of that person; or

(ii)occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or

(b)acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress.

(2)For the purposes of this section a course of conduct or an action is racially aggravated if—

(a)immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person’s membership (or presumed membership) of a racial group; or

(b)the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group.

(3)In subsection (2)(a) above—

“membership”, in relation to a racial group, includes association with members of that group;
*

“presumed” means presumed by the offender.

(4)It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on—

(a)the fact or presumption that any person or group of persons belongs to any religious group; or

(b)any other factor not mentioned in that paragraph.

(5)A person who is guilty of an offence under this section shall—

(a)on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and

(b)on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment.

(6)In this section—

“conduct” includes speech;
*

“harassment” of a person includes causing the person alarm or distress;
*

“racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins,

and a course of conduct must involve conduct on at least two occasions.”

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Commencement Information

I26S. 33 wholly in force; S. 33 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M321995 c.39.
MiscellaneousE+W+S+N.I.

34 Abolition of rebuttable presumption that a child is doli incapax.

The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished.

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Commencement Information

I27S. 34 wholly in force; S. 34 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
35 Effect of child’s silence at trial.E+W

In section 35 of the 1994 Act (effect of accused’s silence at trial), the following provisions shall cease to have effect, namely—

(a)in subsection (1), the words “who has attained the age of fourteen years”; and

(b)subsection (6).

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Commencement Information

I28S. 35 wholly in force; S. 35 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

36 Abolition of death penalty for treason and piracy

(1)In section I of the M33Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words “have and suffer such pains of death and” there shall be substituted the words “ be liable to imprisonment for life and to such”.

(2)In the following enactments, namely—

(a)section II of the M34Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);

(b)section XII of the M35Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);

(c)section 3 of the M36Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);

(d)section I of the M37Treason Act (Ireland) 1703 (which makes corresponding provision),

for the words “suffer pains of death” there shall be substituted the words “ be liable to imprisonment for life”.

(3)The following enactments shall cease to have effect, namely—

(a)the M38Treason Act 1790;

(b)the M39Treason Act 1795.

(4)In section 1 of the M40Treason Act 1814 (form of sentence in case of high treason), for the words “such person shall be hanged by the neck until such person be dead”, there shall be substituted the words “ such person shall be liable to imprisonment for life”.

(5)In section 2 of the M41Piracy Act 1837 (punishment of piracy when murder is attempted), for the words “and being convicted thereof shall suffer death” there shall be substituted the words “ and being convicted thereof shall be liable to imprisonment for life”.

(6)The following enactments shall cease to have effect, namely—

(a)the Sentence of M42Death (Expectant Mothers) Act 1931; and

(b)sections 32 and 33 of the M43Criminal Justice Act Northern Ireland) 1945 (which make corresponding provision).

http://www.legislation.gov.uk/ukpga/1998/37

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Video Recordings Act 2010

2010 CHAPTER 1

An Act to repeal and revive provisions of the Video Recordings Act 1984.

[21st January 2010]

1 Repeal and revival of provisions of the Video Recordings Act 1984

(1)On the commencement of this Act, sections 1 to 17, 19, 21 and 22 of the Video Recordings Act 1984 (regulation of the distribution of video recordings)—

(a)cease to be in force, and

(b)having been notified to the European Commission in accordance with the Technical Standards Directive on 10 September 2009, come into force again by virtue of this subsection.

(2)In subsection (1) “the Technical Standards Directive” means Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations.

(3)The Schedule to this Act contains transitional provision.
2Short title, commencement and extentE+W+S+N.I.

(1)This Act may be cited as the Video Recordings Act 2010.

(2)This Act comes into force on the day on which it is passed.

(3)This Act extends to England and Wales, Scotland and Northern Ireland.

Section 1

SCHEDULE Transitional provision “Relevant provisions”

1 In this Schedule “a relevant provision” of the Video Recordings Act 1984 means provision contained in any of sections 1 to 17, 19, 21 and 22 of that Act.

References to enactments etc

2 (1)References (however expressed) to a relevant provision of the Video Recordings Act 1984, whether in that Act or in any other enactment, instrument or document, have effect in relation to times after the commencement of this Act as references to that provision as it has effect by virtue of this Act.

(2)Nothing in this Act affects the operation or exercise in relation to the Video Recordings Act 1984 (or a relevant provision of that Act) of—

(a)an enactment that operates in relation to Acts passed before or in the same Session as that enactment (or in relation to provision contained in such Acts), or

(b)a power conferred by an enactment that is exercisable in relation to Acts passed before or in the same Session as the enactment conferring the power (or in relation to provision contained in such Acts).

(3)“Enactment” includes an enactment contained in an Act of the Scottish Parliament, Northern Ireland legislation or a Measure of the National Assembly for Wales.

Savings for action taken under the Video Recordings Act 1984

3 (1)Where anything mentioned in sub-paragraph (2) has been made, issued, assigned or given (and not revoked, withdrawn or cancelled) before the commencement of this Act, it has effect in relation to times after the commencement of this Act as if made, issued, assigned or given under the

Video Recordings Act 1984 as it has effect by virtue of this Act.

(2)Those things are—(a)a designation under section 4 of the Video Recordings Act 1984 (person to be authority responsible for making arrangements referred to in that section),

(b)arrangements and determinations made, and classification certificates issued and titles assigned, by the designated authority in accordance with that Act,

(c)an approval of tariffs by the Secretary of State for the purposes of section 4(5) of that Act, and

(d)an order under section 4B of that Act (power to review certain determinations).

(3)Sub-paragraph (1) does not affect the date on which anything mentioned in paragraphs (a) to (d) of sub-paragraph (2) is treated as having been made, issued, assigned or given.

Power to enable designated authority to review certain determinations

4 The reference in section 4B(1) of the Video Recordings Act 1984 (power to enable designated authority to review certain determinations) to the coming into force of section 4A of that Act is to be treated as a reference to 3 November 1994 (date on which section 4A first came into force).

Civil sanctions

5 For the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (civil sanctions), the offences in sections 9 to 14 of the Video Recordings Act 1984, as they have effect by virtue of this Act, are to be treated as having been contained in those sections immediately before the day on which the Regulatory Enforcement and Sanctions Act 2008 was passed.

Extent and application

6 Nothing in this Act affects the extent or application of a relevant provision.

http://www.legislation.gov.uk/ukpga/2010/1

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Prevention of Crimes Act 1871

1871 CHAPTER 112 34 and 35 Vict

An Act for the more effectual Prevention of Crime.

[21st August 1871]

Annotations: Help about Annotation

Modifications etc. (not altering text)

C1Preamble omitted under authority of Statute Law Revision (No. 2) Act 1893 (c. 54)

C2Except where otherwise stated, references to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2

C3This Act is not necessarily in the form in which it has effect in Northern Ireland

Commencement Information

I1Act wholly in force at Royal Assent.
PreliminaryE+W+S+N.I.
1 Short title.E+W+S+N.I.

This Act may be cited as “The Prevention of Crimes Act 1871.”
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

Annotations: Help about Annotation

Amendments (Textual)

F1S. 2 repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
3–5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S+N.I.

Annotations: Help about Annotation

Amendments (Textual)

F2Ss. 3–5 repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I and Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 12
Register of Criminals.E+W+S+N.I.
[F36 Register and photographing of criminals.

The following enactments shall be made with a view to facilitate the identification of criminals:

(1)Registers of all persons convicted of crime in the United Kingdom shall be kept in such form and containing such particulars as may from time to time be prescribed, in Great Britain by one of Her Majesty’s Principal Secretaries of State, and in Ireland by the Lord Lieutenant:

(2)The register for England shall be kept in London under the management of the commissioner of police of the metropolis, or such other person as the Secretary of State may appoint:

(3)The register for Scotland shall be kept in Edinburgh under the management of the secretary to the managers of the General Prison at Perth, or such other person as the Secretary of State may appoint:

(4)The register for Ireland shall be kept in Dublin under the management of the commissioners of police for the police district of Dublin metropolis, or such other person as the Lord Lieutenant may from time to time appoint:

(5)In every prison, the gaoler or other governor of the prison shall make returns of the persons convicted of crime and coming within his custody; and such returns shall be in such form or forms and contain such particulars in Great Britain as the Secretary of State, and in Ireland as the said Lord Lieutenant, may require; and every gaoler or other governor of a prison who refuses or neglects to transmit such returns, or wilfully transmits a return containing any false or imperfect statement, shall for every such offence forfeit a sum not exceeding twenty pounds, to be recovered summarily:

(6)In Great Britain the Secretary of State, and in Ireland the said Lord Lieutenant, may make regulations as to the photographing of all prisoners convicted of crime who may for the time being be confined in any prison in Great Britain or Ireland, and may in such regulations prescribe the time or times at which and the manner and dress in which such prisoners are to be taken, and the number of photographs of each prisoner to be printed, and the persons to whom such photographs are to be sent:

(7)Any regulations made by the Secretary of State as to the photographing of prisoners in any prison in England shall be deemed to be regulations for the government of that prison, and binding on all persons, in the same manner as if they were contained in the first schedule annexed to The Prison Act, 1865:

(8)Any regulations made by the Secretary of State as to the photographing of prisoners in any prison in Scotland shall be deemed to be rules for prisons in Scotland, and as such shall be binding on all whom they may concern, in the same manner as if the same were made under and in virtue of the powers contained in “The Prisons (Scotland) Administration Act, 1860:”

(9)Any regulations made by the Lord Lieutenant as to the photographing of prisoners in any prison in Ireland shall be deemed to be byelaws duly made by the Lord Lieutenant, and shall be binding on all persons, in the same manner as if the same were made under the authority of the Act passed in the session holden in the nineteenth and twentieth years of the reign of Her present Majesty, chapter sixty–eight:

(10)Any prisoner refusing to obey any regulation made in pursuance of this section shall be deemed guilty of an offence against prison discipline, in England within the meaning of the fifty–seventh regulation in the first schedule annexed to the said Prison Act, 1865, in Scotland within the meaning of the rules for prisons in Scotland, certified under the hand of one of Her Majesty’s Principal Secretaries of State, under and by virtue of “The Prisons (Scotland) Administration Act, 1860”, and in Ireland within the meaning of the fifteenth regulation contained in section one hundred and nine of the Act passed in the seventh year of the reign of His late Majesty King George the Fourth, chapter seventy–four:

(11)Any authority having power to make regulations in pursuance of this section may from time to time modify, repeal, or add to any regulations so made:

(12)Any expenses incurred in pursuance of this section shall be defrayed as follows: (that is to say,) The expense of keeping the register in London, Edinburgh, and Dublin shall, to such amount as may be sanctioned by the Treasury, be paid out of moneys provided by Parliament : The expenses incurred in photographing the prisoners in any prison shall be deemed to be part of the expenses incurred in the maintenance of the prison, and shall be defrayed accordingly. This section shall not apply to the prisons for convicts under the superintendance of the directors of convict prisons or to any military or naval prison.]

Annotations: Help about Annotation

Amendments (Textual)

F3S. 6 repealed (S.) with saving by Criminal Justice (Scotland) Act 1963 (c. 39), s. 52(3), Sch. 6 and (E.W.) by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. I and repealed in part (N.I.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I

Modifications etc. (not altering text)

C4The text of s. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Punishment of certain OffendersE+W+S+N.I.
[F47 Special offences by persons twice convicted of crime.E+W+S+N.I.

Where any person is convicted on indictment of a crime, and a previous conviction of a crime is proved against him he shall, at any time within seven years immediately after the expiration of the sentence passed on him for the last of such crimes be guilty of an offence against this Act, and be liable to imprisonment, . . . F5, for a term not exceeding one year, under the following circumstances or any of them:

First. If on his being charged by a constable with getting his livelihood by dishonest means, and being brought before a court of summary jurisdiction, it appears to such court that there are reasonable grounds for believing that the person so charged is getting his livelihood by dishonest means: or,

Secondly. If, on being charged with any offence punishable on indictment or summary conviction, and on being required by a court of summary jurisdiction to give his name and address, he refuses to do so, or gives a false name or a false address: or,

Thirdly. If he is found in any place, whether public or private, under such circumstances as to satisfy the court before whom he is brought that he was about to commit or to aid in the commission of any offence punishable on indictment or summary conviction, or was waiting for an opportunity to commit or aid in the commission of any offence punishable on indictment or summary conviction: or,

Fourthly. If he is found in or upon any dwelling–house, or any building, yard, or premises, being parcel of or attached to such dwelling–house, or in or upon any shop, warehouse, counting–house, or other place of business, or in any garden, orchard, pleasure ground, or nursery ground, or in any building or erection in any garden, orchard, pleasure ground, or nursery ground, without being able to account to the satisfaction of the court before whom he is brought for his being found on such premises.

Any person charged with being guilty of any offence against this Act mentioned in this section may be taken into custody as follows; (that is to say),

In the case of any such offence against this Act as is first in this section mentioned, by any constable without warrant, if such constable is authorized so to do by the chief officer of police of his district;

In the case of any such offence against this Act as is thirdly in this section mentioned, by any constable without warrant, although such constable is not specially authorized to take him into custody;

Also, where any person is charged with being guilty of an offence against this Act fourthly in this section mentioned, he may, without warrant, be apprehended by any constable, or by the owner or occupier of the property on which he is found, or by the servants of the owner or occupier, or by any other person authorized by the owner or occupier, and may be detained until he can be delivered into the custody of a constable.]

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Amendments (Textual)

F4S. 7 repealed (E.W.) by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. I and repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4

F5Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2)
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W+S+N.I.

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Amendments (Textual)

F6S. 8 repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I and Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 12
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S+N.I.

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Amendments (Textual)

F7S. 9 repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I
10, 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S+N.I.

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Amendments (Textual)

F8Ss. 10, 11 repealed by Theft Act 1968 (c. 60), s. 33(3), Sch. 3 Pt. II
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S+N.I.

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Amendments (Textual)

F9S. 12 repealed by Police (Scotland) Act 1956 (c. 26), Sch. 3 and Police Act 1964 (c. 48), Sch. 10 Pt. I
[F1013 Penalty on dealers in old metals purchasing quantities less than stated in schedule.

Any dealer in old metals who either personally or by any servant or agent purchases, receives, or bargains for any metal mentioned in the first column of the schedule annexed hereto, whether new or old, in any quantity at one time of less weight than the quantity set opposite each such metal in the second column of the schedule annexed hereto, shall be guilty of an offence against this Act, and be liable to a penalty not exceeding [F11level 1 on the standard scale].

For the purpose of this section the term “dealer in old metals” shall mean any person dealing in, buying, and selling old metal, scrap metal, broken metal, or partly manufactured metal goods, or defaced or old metal goods, and whether such person deals in such articles only, or together with

second–hand goods or marine stores.]

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Amendments (Textual)

F10S. 13 repealed (E.W.) by Scrap Metal Dealers Act 1964 (c. 69), s. 10(1), Sch. Pt. I and repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4

F11Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G, 457A
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S+N.I.

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Amendments (Textual)

F12S. 14 repealed by Children Act 1908 (c. 67), Sch. 3
Amendment of Criminal Law in certain CasesE+W+S+N.I.
[F1315 Evidence of vagrancy and amendment of Vagrant Act. E+W+S+N.I.

Whereas by the fourth section of the M1Vagrancy Act 1824, it is, amongst other things, provided that every suspected person or reputed thief frequenting any river, canal, or navigable stream, dock, or basin, or any quay, wharf, or warehouse near or adjoining thereto, or any street, highway, or avenue leading thereto, or any place of public resort, or any avenue leading thereto, or any street, highway, or place adjacent, with intent to commit [F14an arrestable offence], shall be deemed a rogue and vagabond, and may be apprehended and committed to prison . . . F15 for any time not exceeding three calendar months: . . . F16 firstly, the said section shall be construed as if instead of the words “highway or place adjacent” there were inserted the words “or any highway or any place adjacent to a street or highway;” and, secondly, in proving the intent to commit [F14an arrestable offence] it shall not be necessary to show that the person suspected was guilty of any particular act or acts tending to show his purpose or intent, and he may be convicted if from the circumstances of the case, and from his known character as proved to the justice of the peace or court before whom or which he is brought, it appears to such justice or court that this intent was to commit [F14an arrestable offence]; and the provisions of the said section, as amended by this section, shall be in force in Scotland and Ireland. For the purposes of this section, in Scotland the word [F14an arrestable offence] shall mean any of the pleas of the Crown, any theft, which in respect of aggravation, or of the amount in value of the money, goods, or thing stolen, may be punished with penal servitude, any forgery, and any uttering of any forged writing.]

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Amendments (Textual)

F13S. 15 repealed (E.W.) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), Sch. 1 Pt. II and (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4

F14Words substituted (E.W.) (S.) by Criminal Law Act 1967 (c. 58), s. 11(3), Sch. 2 para. 2(2)

F15Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2)

F16Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

Modifications etc. (not altering text)

C5S. 15 excluded by Theatres Act 1968 (c. 54), s. 2(4)

C6Reference to penal servitude to be construed as reference to imprisonment: Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(1)

Marginal Citations

M11824 c. 83.

16 Power to search for stolen property.

Any constable may under the circumstances hereafter in this section mentioned be authorized in writing by a chief officer of police to enter, and if so authorized may enter, any house, shop, warehouse, yard, or other premises in search of stolen property, and search and seize and secure any property he may believe to have been stolen, in the same manner as he would be authorized to do if he had a search warrant, and the property seized, if any, corresponded to the property described in such search warrant.

In every case in which any property is seized in pursuance of this section the person on whose premises it was at the time of seizure, or the person from whom it was taken if other than the person on whose premises it was, shall, unless previously charged with receiving the same knowing it to have been stolen, be summoned before a court of summary jurisdiction to account for his possession of such property, and such court shall make such order respecting the disposal of such property, and may award suchcg costs as the justice of the case may require.

It shall be lawful for any chief officer of police to give such authority as aforesaid in the following cases, or either of them:—

First. When the premises to be searched are, or within the preceding twelve months have been, in the occupation of any person who has been convicted of receiving stolen property or of harbouring thieves: or

Second. When the premises to be searched are in the occupation of any person who has been convicted of any offence involving fraud or dishonesty, and punishable by penal servitude or imprisonment:

And it shall not be necessary for such chief officer of police on giving such authority to specify any particular property, but he may give such authority if he has reason to believe generally that such premises are being made a receptacle for stolen goods.

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Modifications etc. (not altering text)C7S. 16 repealed (E.W.) by Larceny Act 1916 (c. 50), Sch.

C8Reference to penal servitude to be construed as reference to imprisonment: Criminal Procedure (Scotland) Act 1975 (c.21), s. 221(1)
Legal ProceedingsE+W+S+N.I.
F17F1817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F17S. 17 repealed (E.W.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I

F18S. 17: Except the words “A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom.” expressed to be repealed (E.W.) (with effect only in relation to Criminal Proceedings) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. IV.

S. 17 repealed (S.) (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1.
[F1918 Evidence of previous conviction.

A previous conviction may be proved in any legal proceeding whatever against any person by producing a record or extract of such conviction, and by giving proof of the identity of the person against whom the conviction is sought to be proved with the person appearing in the record or extract of conviction to have been convicted.

A record or extract of a conviction shall in the case of an indictable offence consist of a certificate containing the substance and effect only (omitting the formal part of the indictment and conviction), and purporting to be signed by the [F20proper officer of the court by which such conviction was made;] and in the case of a summary conviction shall consist of a copy of such conviction purporting to be signed by any justice of the peace having jurisdiction over the offence in respect of which such conviction was made, or to be signed by the proper officer of the court by which such conviction was made, or by the [F20proper officer]of any court to which such conviction has been returned.

A record or extract of any conviction made in pursuance of this section shall be admissible in evidence without proof of the signature or official character of the person appearing to have signed the same.

[F21A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom;][F22and a conviction before the passing of this Act shall be admissible in the same manner as if it had taken place after the passing thereof].

A fee not exceeding [F2325p] may be charged for a record of a conviction given in pursuance of this section.

The mode of proving a previous conviction authorized by this section shall be in addition to and not in exclusion of any other authorized mode of proving such conviction.][F24In this section “proper officer” means—
(a)

in relation to a magistrates’ court in England and Wales, the justices’ chief executive for the court; and
(b)

in relation to any other court, the clerk of the court or other officer having the custody of the records of the court, or the deputy of such clerk or other officer.]

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Amendments (Textual)

F19S. 18 repealed (S.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I

F20Words in s. 18 substituted (1.4.2001 subject to Sch. 2 para. 2 of the commencing SI) by 1999 c. 22, s. 90, Sch. 13 para. 4(1)-(3) (with Sch. 14, para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F21S. 18: Except the words “A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom.” repealed (E.W.) (with effect only in relation to Criminal Proceedings) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. IV

F22Words repealed (E.W.N.I.) by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. I

F23Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

F24Definition of “proper officer” in s. 18 inserted (1.4.2001 subject to Sch. 2 para. 2 of the commencing SI) by 1999 c. 22, ss. 90, 108(1), Sch. 13 para. 4(1)(4) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

Modifications etc. (not altering text)

C9Expression “United Kingdom”, where first occurring, to be construed as including the Republic of Ireland: S. R. & O 1923/405 (Rev. X, p. 289: 1923, p. 400), art. 2. Sch.

19 Evidence in cases of receiving stolen property.

Where proceedings are taken against any person for having received goods knowing them to be stolen, or for having in his possession stolen property, evidence may be given at any stage of the proceedings that there was found in the possession of such person other property stolen within the preceding period of twelve months, and such evidence may be taken into consideration for the purpose of proving that such person knew the property to be stolen which forms the subject of the proceedings taken against him.

Where proceedings are taken against any person for having received goods knowing them to be stolen, or for having in his possession stolen property, and evidence has been given that the stolen property has been found in his possession, then if such person has within five years immediately preceding been convicted of any offence involving fraud or dishonesty, evidence of such previous conviction may be given at any stage of the proceedings, and may be taken into consideration for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen; provided that not less than seven days notice in writing shall have been given to the person accused that proof is intended to be given of such previous conviction; and it shall not be necessary for the purposes of this section to charge in the indictment the previous conviction of the person so accused.

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Modifications etc. (not altering text)

C10S. 19 repealed (E.W.) by Larceny Act 1916 (c. 50), Sch.

Definitions

20 Interpretation. “Offence:” “Indictment:” “Police district:” “Chief officer of police:”

. . . F25

The expression “crime” means, in England and Ireland, any felony, or the offence of uttering false or counterfeit coin, or of possessing counterfeit gold or silver coin, or the offence of obtaining goods or money by false pretences, or the offence of conspiracy to defraud, or any misdemeanour under the fifty–eighth section of the M2Larceny Act 1861; and in Scotland, any of the pleas of the Crown, any theft which, in respect of any aggravation, or of the amount in value of the money, goods, or thing stolen, may be punished with penal servitude, any forgery, and any uttering of any forged writing, falsehood, fraud, and wilful imposition, uttering base coin, or the possession of such coin with intent to utter the same.

The expression “offence” means any act or omission which is not a crime as defined by this Act, and is punishable on indictment or summary conviction.

The expression “indictment” shall in Scotland include criminal letters and criminal libel.

The expression “police district” means—

. . . F26

In Ireland,—

(1) The police district of Dublin metropolis:

(2) Elsewhere in Ireland, any district, whether city, town, or country, over which is appointed a sub–inspector of the Royal Irish Constabulary.

The expression “chief officer of police” means—

. . . F27

In Ireland,—

(1) In the police district of Dublin metropolis, either of the commissioners of police for the said district.

(2) Elsewhere in Ireland, in any other police district, the sub–inspector of the Royal Irish Constabulary:Any act or thing by this Act authorized to be done by the chief officer of police may be done by any person authorized by him in that behalf.

http://www.legislation.gov.uk/ukpga/Vict/34-35/112

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Part 2

Public Order Offences Incorporating the Charging Standard Updated 24 June 2010

Public Order Act 1986

RICE v CONNOLLY

Courts Act 2003

Crime and Disorder Act 1998

Video Recordings Act 2010

Section 1

SCHEDULE Transitional provision “Relevant provisions”

References to enactments etc

Savings for action taken under the Video Recordings Act 1984

Video Recordings Act 1984 as it has effect by virtue of this Act.

Power to enable designated authority to review certain determinations

Civil sanctions

Extent and application

Prevention of Crimes Act 1871

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Part 2

Public Order Offences Incorporating the Charging Standard Updated 24 June 2010

Public Order Act 1986

RICE v CONNOLLY

Courts Act 2003

Crime and Disorder Act 1998

Video Recordings Act 2010

Section 1

SCHEDULE Transitional provision “Relevant provisions”

References to enactments etc

Savings for action taken under the Video Recordings Act 1984

Video Recordings Act 1984 as it has effect by virtue of this Act.

Power to enable designated authority to review certain determinations

Civil sanctions

Extent and application

Prevention of Crimes Act 1871

>>> back to part 1 <<<

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