SCHEDULE 9 continued
38 In section 21 of the [1989 c. 41.] Children Act 1989 (provision of accommodation for children on remand, etc.), in subsection (2)(c)(i), after the words “on remand” there shall be inserted the words “(within the meaning of the section)”.
39 In Article 63 of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (regulation of taking of non-intimate samples), at the end, there shall be inserted the following paragraph—
“(10) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary (in point of quantity or quality) for the purpose of enabling information to be produced by means of analysis used or to be used in relation to the sample.”.
40 (1) The [1991 c. 53.] Criminal Justice Act 1991 shall be amended as follows.
(2) In section 3 (requirement to obtain pre-sentence reports before passing custodial sentences)—
(a) in subsection (2), the words from the beginning to “indictment,” shall be omitted;
(b) after subsection (2), there shall be inserted the following subsection—
“(2A) In the case of an offender under the age of eighteen years, save where the offence or any other offence associated with it is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (2) above or subsection (4A) below unless there exists a previous pre-sentence report obtained in respect of the offender and the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.”;
(c) in subsection (4)—
(i) the words from “which is” to “applies” shall be omitted;
(ii) for the words “comply with that subsection” there shall be substituted the words “obtain and consider a pre-sentence report before forming an opinion referred to in subsection (1) above”; and
(iii) in paragraph (a), after the word “shall” there shall be inserted the words “, subject to subsection (4A) below,”; and
(d) after subsection (4) there shall be inserted the following subsection—
“(4A) Subsection (4)(a) above does not apply if the court is of the opinion—
(a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report, or
(b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.”.
(3) In section 7 (requirement to obtain pre-sentence reports before passing certain community sentences)—
(a) in subsection (3), at the beginning, there shall be inserted the words “Subject to subsection (3A) below,”;
(b) after subsection (3), there shall be inserted the following subsections—
“(3A) Subsection (3) above does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.
(3B) In the case of an offender under the age of eighteen years, save where the offence or any other offence associated with it is triable only on indictment, the court shall not form such an opinion as is mentioned in subsection (3A) above or subsection (5) below unless there exists a previous pre-sentence report obtained in respect of the offender and the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.”;
(c) in subsection (4)—
(i) for the words “comply with” there shall be substituted the words “obtain and consider a pre-sentence report before forming an opinion referred to in”; and
(ii) in paragraph (a), after the word “shall” there shall be inserted the words “, subject to subsection (5) below,”;
(d) after subsection (4) there shall be inserted the following subsection—
“(5) Subsection (4)(a) above does not apply if the court is of the opinion—
(a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report, or
(b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.”.
41 In section 12 of the Criminal Justice Act 1991 (curfew orders) after subsection (4) there shall be inserted the following subsection—
“(4A) A court shall not make a curfew order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.”.
42 (1) Sections 18 and 20 of the [1991 c. 53.] Criminal Justice Act 1991 (which relate respectively to the fixing of fines and financial circumstances orders) shall be amended as provided in sub-paragraphs (2) and (3) below.
(2) In section 18—
(a) for subsection (1), there shall be substituted the following subsection—
“(1) Before fixing the amount of any fine to be imposed on an offender who is an individual, a court shall inquire into his financial circumstances.”; and
(b) in subsection (3), after the word “fine” there shall be inserted the words “to be imposed on an offender (whether an individual or other person)”.
(3) In section 20, in subsections (1), (1A), (1B), (1C), (2) and (3) for the words “a person” and “any person” there shall be substituted the words “an individual” and “any individual”.
(4) In section 57(4) of that Act (application to local authorities of power to order fines to be paid by a parent or guardian), paragraph (b) shall be omitted.
(5) The amendments made by this paragraph apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as they apply in relation to offenders convicted after that date.
43 After section 20 of the Criminal Justice Act 1991 there shall be inserted the following section—
(1) A person who is charged with an offence who, in furnishing a statement of his financial circumstances in response to an official request—
(a) makes a statement which he knows to be false in a material particular;
(b) recklessly furnishes a statement which is false in a material particular; or
(c) knowingly fails to disclose any material fact,
shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.
(2) For the purposes of this section an official request is a request which—
(a) is made by the clerk of the magistrates' court or the appropriate officer of the Crown Court, as the case may be; and
(b) is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose.
(3) Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.”.
44 (1) Section 29 of the [1991 c. 53.] Criminal Justice Act 1991 (as substituted by section 66(6) of the [1993 c. 36.] Criminal Justice Act 1993) (effect of previous convictions and offending while on bail and treatment of certain orders as sentences and convictions) shall be amended as follows.
(2) In subsection (4), for the words “conditional discharge order” there shall be substituted the words “an order discharging the offender absolutely or conditionally”.
(3) After subsection (4) there shall be inserted the following subsections—
“(5) A conditional discharge order made after 30th September 1992 (which, by virtue of section 1A of the Powers of Criminal Courts Act 1973, would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.
(6) A conviction in respect of which an order discharging the offender absolutely or conditionally was made after 30th September 1992 (which, by virtue of section 1C of the Powers of Criminal Courts Act 1973, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.”.
(4) The amendments made by this paragraph shall apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as they apply in relation to offenders convicted after that date.
45 (1) In section 31(1) of the [1991 c. 53.] Criminal Justice Act 1991 (which defines, amongst other expressions, “sexual offence”), for that definition, there shall be substituted the following definition—
““sexual offence” means any of the following—
(a) an offence under the [1956 c. 69.] Sexual Offences Act 1956, other than an offence under section 30, 31 or 33 to 36 of that Act;
(b) an offence under section 128 of the [1959 c. 72.] Mental Health Act 1959;
(c) an offence under the [1960 c. 33.] Indecency with Children Act 1960;
(d) an offence under section 9 of the [1968 c. 60.] Theft Act 1968 of burglary with intent to commit rape;
(e) an offence under section 54 of the [1977 c. 45.] Criminal Law Act 1977;
(f) an offence under the [1978 c. 37.] Protection of Children Act 1978;
(g) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit any of the offences in paragraphs (a) to (f) above;
(h) an offence under section 1 of the [1981 c. 47.] Criminal Attempts Act 1981 of attempting to commit any of those offences;
(i) an offence of inciting another to commit any of those offences;”.
(2) The amendment made by this paragraph shall apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as it applies in relation to offenders convicted after that date.
46 (1) In section 34 of the [1991 c. 53.] Criminal Justice Act 1991 (duty to release discretionary life prisoners after they have served the relevant part of their sentence and the Parole Board has directed their release)—
(a) in subsection (6), for the words after “sentence” there shall be substituted the following words— “—
(a) account shall be taken of any corresponding relevant period; but
(b) no account shall be taken of any time during which the prisoner was unlawfully at large within the meaning of section 49 of the Prison Act 1952 (“the 1952 Act”).”; and
(b) after that subsection, there shall be inserted the following subsection-
“(6A) In subsection (6)(a) above, “corresponding relevant period” means the period corresponding to the period by which a determinate sentence of imprisonment imposed on the offender would fall to be reduced under section 67 of the Criminal Justice Act 1967 (reduction of sentences to take account of police detention or remands in custody).”.
(2) In paragraph 9(2) of Schedule 12 to that Act (application of early release provisions of the Act to existing life prisoners), after paragraph (b) there shall be inserted the following paragraph, preceded by the word “and”—
“(c) in section 34 of this Act, paragraph (a) of subsection (6) and subsection (6A) were omitted.”.
47 In section 40(3) of the [1991 c. 53.] Criminal Justice Act 1991 (power of magistrates' court to commit offender convicted of new offence during currency of previous sentence to Crown Court for sentence), in paragraph (b), for the words from “in accordance with” to the end there shall be substituted the words “; and the Crown Court to which he has been so committed may make such an order with regard to him as is mentioned in subsection (2) above.”.
48 (1) In section 47 of the Criminal Justice Act 1991 (computation of sentences of imprisonment of persons extradited to United Kingdom), in subsection (4), in the definition of “extradited to the United Kingdom”, after paragraph (iv), there shall be inserted the following paragraph, preceded by the word “or”—
“(v) in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force;”.
(2) In each of sections 218(3) and 431(3) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (corresponding provisions for Scotland), after paragraph (c) there shall be inserted the following paragraph—
“(cc) in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 is in force;”.
49 In section 53 of the [1991 c. 53.] Criminal Justice Act 1991 (notices of transfer in certain cases involving children)—
(a) in subsection (1), for the words “served” and “on” there shall be substituted the words “given” and “to”;
(b) in subsection (2), for the word “served” there shall be substituted the word “given”;
(c) in subsection (3), for the word “service” there shall be substituted the word “giving”; and
(d) in subsection (4), for the word “serve” there shall be substituted the word “give”.
50 In section 58(2) of the [1991 c. 53.] Criminal Justice Act 1991 (power of court to bind over parent or guardian of young offender), at the end, there shall be inserted the following paragraph—
“Where the court has passed on the relevant minor a community sentence (within the meaning of section 6 above) it may include in the recognisance a provision that the minor’s parent or guardian ensure that the minor complies with the requirements of that sentence.”.
51 (1) In section 48 of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (postponed confiscation orders etc.), after subsection (3B) there shall be inserted the following subsection—
“(3C) Where the court has sentenced the defendant under subsection (2) or (3) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in subsection (5)(b) or (c) below so long as it does so within a period corresponding to that allowed by section 49(2) or (3) of the Judicature (Northern Ireland) Act 1978 (time allowed for varying a sentence) but beginning with the end of the specified period.”.
(2) For the purposes of section 69 of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (temporary provisions) the amendment made in that Act by this paragraph shall be treated, as from the time when this paragraph comes into force, as having been continued in force by the order made under subsection (3) of that section which has effect at that time.
52 (1) The [1992 c. 34.] Sexual Offences (Amendment) Act 1992 shall be amended as follows.
(2) In section 2(1) (offences to which the Act applies), after paragraph (e) there shall be inserted the following paragraphs—
“(f) any conspiracy to commit any of those offences;
(g) any incitement of another to commit any of those offences.”.
(3) In section 6 (interpretation)—
(a) after subsection (2) there shall be inserted the following subsection—
“(2A) For the purposes of this Act, where it is alleged or there is an accusation that an offence of conspiracy or incitement of another to commit an offence mentioned in section 2(1)(a) to (d) has been committed, the person against whom the substantive offence is alleged to have been intended to be committed shall be regarded as the person against whom the conspiracy or incitement is alleged to have been committed.
In this subsection, “the substantive offence” means the offence to which the alleged conspiracy or incitement related.”; and
(b) in subsection (3), after the words “references in” there shall be inserted the words “subsection (2A) and in”.
53 Section 78(6) of the [1993 c. 36.] Criminal Justice Act 1993 (application of Act to pre-commencement offences) shall have effect, and be deemed always to have had effect, with the substitution, for the words from “or the powers” to the end, of the words “and, where it confers a power on the court, shall not apply in proceedings instituted before the coming into force of that provision.”.