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Section 168(2).
1 In section 2 of the [1679 c. 2.] Habeas Corpus Act 1679 (bail for persons released from custody under habeas corpus while awaiting trial), after the words “brought as aforesaid shall” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
2 In section 1 of the [1898 c. 36.] Criminal Evidence Act 1898 (competency of accused to give evidence in criminal proceedings), proviso (b) shall be omitted.
3 In section 1 of the [1923 c. 9 (N.I.).] Criminal Evidence Act (Northern Ireland) 1923 (competency of accused to give evidence in criminal proceedings)—
(a) after the words “Provided as follows:—” there shall be inserted the following proviso—
“(a) A person so charged shall not be called as a witness in pursuance of this Act except upon his own application;”;
(b) proviso (b) shall be omitted.
4 In section 55(1A) of the [1933 c. 12.] Children and Young Persons Act 1933 (power of court to order parent or guardian to pay fine imposed on child or young person), after paragraph (b) there shall be inserted the following paragraph—
“(c) a court would impose a fine on a child or young person under section 4(3) of the Criminal Justice and Public Order Act 1994 (breach of requirements of supervision under secure training order),”.
5 In section 56(3) of the [1933 c. 12.] Children and Young Persons Act 1933 (powers of courts remitting young offenders to youth court), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
6 In section 37(1) of the [1948 c. 58.] Criminal Justice Act 1948 (power of High Court to grant bail on case stated or application for certiorari)—
(a) in paragraph (b), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”; and
(b) in paragraph (d), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
7 In section 3(1) of the [1952 c. 52.] Prison Act 1952 (officers and servants at prisons), for the word “servants” there shall be substituted the words “employ such other persons”.
8 In section 37(4) of the Prison Act 1952 (prisons not deemed closed where used as remand centres etc.), at the end, there shall be inserted the words “or secure training centre”.
9 (1) Section 49 of the [1952 c. 52.] Prison Act 1952 (persons unlawfully at large) shall be amended as follows.
(2) In subsection (1), after the words “young offenders institution” there shall be inserted the words “or a secure training centre”.
(3) In subsection (2), for the words between “detained in a” and “is unlawfully” there shall be substituted the words “young offenders institution or in a secure training centre”.
(4) In subsection (2), in proviso (a), for the words after “prison” there shall be substituted the words “remand centre, young offenders institution or secure training centre”.
10 In section 4(2) of the [1960 c. 65.] Administration of Justice Act 1960 (power of High Court to grant bail to persons appealing to the House of Lords), after the words “Divisional Court shall” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
11 In section 23(4) of the [1961 c. 39.] Criminal Justice Act 1961 (which applies provisions relating to prison rules to other institutions), before the words “and remand centres” there shall be inserted the words “secure training centres”.
12 (1) Part III of the [1961 c. 39.] Criminal Justice Act 1961 (transfer, supervision and recall within British Islands) shall have effect with the following amendments.
(2) In section 29—
(a) in subsection (1), for the words from “youth custody centre” to “young offenders institution” there shall be substituted the words “or institution for young offenders to which this subsection applies”;
(b) after subsection (2), there shall be inserted the following subsection—
“(2A) The institutions for young offenders to which subsection (1) above applies are the following: a remand centre, young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre.”.
(3) In section 30—
(a) in subsection (3), for the words between “prison” and “in any part” there shall be substituted the words “or institution for young offenders to which this subsection applies”;
(b) after subsection (3), there shall be inserted the following subsection—
“(3A) The institutions for young offenders to which subsection (3) above applies are the following: a young offenders institution or secure training centre and, in Northern Ireland, a young offenders centre.”.
(4) In section 32, in subsection (2), after paragraph (k), there shall be inserted the following paragraph—
“(l) sections 1 and 3 of the Criminal Justice and Public Order Act 1994.”.
(5) In section 38(3), for paragraph (a), there shall be substituted the following paragraph—
“(a) the expression “imprisonment or detention” means imprisonment, custody for life, detention in a young offenders institution or in a secure training centre or detention under an equivalent sentence passed by a court in the Channel Islands or the Isle of Man;”.
13 In section 48(4) of the [1964 c. 48.] Police Act 1964 (payment by police authority of damages awarded against constables), after the words “section 14 of this Act” there shall be inserted the words “or section 141 of the Criminal Justice and Public Order Act 1994”.
14 In section 51 of the [1964 c. 48.] Police Act 1964 (assaults on, and obstruction of, constables), after subsection (3), there shall be inserted the following subsection—
“(4) This section also applies to a constable who is a member of a police force maintained in Scotland or Northern Ireland when he is executing a warrant or otherwise acting in England or Wales by virtue of any enactment conferring powers on him in England and Wales.”.
15 In section 22(1) of the [1967 c. 80.] Criminal Justice Act 1967 (power of High Court to grant bail), after the word “may”, there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
16 Section 67 of the [1967 c. 80.] Criminal Justice Act 1967 (computation of sentences of imprisonment or detention passed in England and Wales) shall be amended by the insertion in subsection (5), after paragraph (b), of the following paragraph—
“(c) to secure training orders under section 1 of the Criminal Justice and Public Order Act 1994;”.
17 In section 39(4) of the [1967 c. 77.] Police (Scotland) Act 1967 (payment by police authority of damages awarded against constables), after the words “section 11 of this Act” there shall be inserted the words “or section 141 of the Criminal Justice and Public Order Act 1994”.
18 In section 41 of the Police (Scotland) Act 1967 (assaults on constables etc.), after subsection (2), there shall be inserted the following subsection—
“(3) This section also applies to a constable who is a member of a police force maintained in England and Wales or in Northern Ireland when he is executing a warrant or otherwise acting in Scotland by virtue of any enactment conferring powers on him in Scotland.”.
19 In section 8(2)(a) of the [1968 c. 19.] Criminal Appeal Act 1968 (powers of Court of Appeal on retrial), after the words “custody or” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
20 In section 11(5) of the Criminal Appeal Act 1968 (powers of Court of Appeal on quashing interim hospital order), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
21 In section 16(3)(b) of the Criminal Appeal Act 1968 (powers of Court of Appeal on allowing an appeal against a finding that a person is under a disability), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
22 In section 19(1) of the Criminal Appeal Act 1968 (power of Court of Appeal to grant bail), after the word “may”, there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
23 In section 36 of the Criminal Appeal Act 1968 (power of Court of Appeal to grant bail on appeal by defendant), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994”.
24 (1) The [1968 c. 27.] Firearms Act 1968 shall be amended as follows.
(2) In section 21 (possession of firearms by persons previously convicted of crime)—
(a) in subsection (2), after the word “Scotland” there shall be inserted the words “or who has been subject to a secure training order”; and
(b) for subsection (2A) there shall be substituted—
“(2A) For the purposes of subsection (2) above, “the date of his release” means—
(a) in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (prison sentence partly served and partly suspended), the date on which he completes service of so much of the sentence as was by that order required to be served in prison;
(b) in the case of a person who has been subject to a secure training order—
(i) the date on which he is released from detention under the order;
(ii) the date on which he is released from detention ordered under section 4 of the Criminal Justice and Public Order Act 1994; or
(iii) the date halfway through the total period specified by the court in making the order,
whichever is the later.”.
(3) In section 52(1) (forfeiture and disposal of firearms), in paragraph (a), after the word “Scotland” there shall be inserted the words “or is subject to a secure training order”.
25 In section 7 of the [1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (assaults on, and obstruction of, constables), after subsection (3), there shall be inserted the following subsection—
“(4) This section also applies to a constable who is a member of a police force maintained in England and Wales or Scotland when he is executing a warrant or otherwise acting in Northern Ireland by virtue of any statutory provision conferring powers on him in Northern Ireland.”.
26 In section 9(2) of the [1968 c. 31.] Theft Act 1968 (offences which if intended by a trespasser constitute burglary), for the words “raping any woman” there shall be substituted the words “raping any person”.
27 In section 14(5) of the [1970 c. 9 (N.I.).] Police Act (Northern Ireland) 1970 (payment by Police Authority of damages awarded against persons serving with the Royal Ulster Constabulary), for the words “section 19” there shall be substituted the words “section 141 of the Criminal Justice and Public Order Act 1994”.
28 In section 20(5) of the [1974 c. 23.] Juries Act 1974 (offences in connection with jury service), at the end of paragraph (d) there shall be inserted “; or
(e) knowing that he is not qualified for jury service by reason of section 40 of the Criminal Justice and Public Order Act 1994, serves on a jury,”.
29 In Part I of Schedule 1 to the [1974 c. 23.] Juries Act 1974, in Group B (ineligibility for jury service of certain persons concerned with the administration of justice), after the entry for prisoner custody officers within the meaning of Part IV of the [1991 c. 53.] Criminal Justice Act 1991, there shall be inserted the following entry—
“Custody officers within the meaning of Part I of the Criminal Justice and Public Order Act 1994”.
30 In section 5(6) of the [1974 c. 53.] Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences), after paragraph (c), there shall be inserted the following paragraph, preceded by the word “or”—
“(d) a secure training order under section 1 of the Criminal Justice and Public Order Act 1994;”.
31 In Schedule 2 to the [S.I. 1974/2143 (N.I. 6).] Juries (Northern Ireland) Order 1974 (exemptions from jury service) in the group headed “Persons connected with the administration of justice”, at the end there shall be inserted— “Prisoner custody officers within the meaning of section 122(1) of the Criminal Justice and Public Order Act 1994.”.
32 In section 4 of the [1976 c. 63.] Bail Act 1976 (entitlement to bail), after subsection (7), there shall be inserted the following subsection—
“(8) This section is subject to section 25 of the Criminal Justice and Public Order Act 1994 (exclusion of bail in cases of homicide and rape).”.
33 In section 4(2) of the [1976 c. 63.] Bail Act 1976 (occasions for implementation of right to bail), in paragraph (b), after the words “for bail” there shall be inserted the words “or for a variation of the conditions of bail”.
34 In Part III of Schedule 1 to the Bail Act 1976, in paragraph 2, at the end, there shall be inserted the words “; and so as respects the reference to an offence committed by a person on bail in relation to any period before the coming into force of paragraph 2A of Part 1 of this Schedule.”.
35 (1) The [1976 c. 82.] Sexual Offences (Amendment) Act 1976 shall be amended as follows.
(2) In section 1(2) (reasonable grounds for belief in consent to intercourse), after the word “woman” there shall be inserted the words “or man”.
(3) In section 2(3) (restrictions on evidence at trials for rape etc.), after the word “woman” there shall be inserted the words “or man”.
(4) In section 7(2) (interpretation of terms used in the Act)—
(a) the words from “references” to “only);” shall be omitted; and
(b) for the words “and section 46 of that Act” there shall be substituted the words “section 46 of the Sexual Offences Act 1956”.
36 (1) Section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976 (anonymity of complainants in rape etc. cases) shall be amended as follows.
(2) In subsection (1)—
(a) in paragraph (a)—
(i) after the word “woman” in both places where it occurs there shall be inserted the words “or man”;
(ii) for the words “woman’s name nor her address” there shall be substituted the words “name nor the address of the woman or man”;
(iii) after the words “of her” there shall be inserted the words “or him”;
(iv) for the words “her lifetime” there shall be substituted the words “that person’s lifetime”; and
(v) for the words “identify her” there shall be substituted the words “identify that person”; and
(b) in paragraph (b)—
(i) after the word “woman” there shall be inserted the words “or man”; and
(ii) for the words “her lifetime” there shall be substituted the words “that person’s lifetime”.
(3) In subsection (5A), after the word “woman” there shall be inserted the words “or man”.
(4) In subsection (5B), for the words “woman’s peace or comfort” there shall be substituted the words “peace or comfort of the woman or man”.
(5) In subsection (6), in the definition of “complainant”, after the word “woman” there shall be inserted the words “or man”.
37 (1) The [1978 c. 37.] Protection of Children Act 1978 shall be amended as follows.
(2) In section 2(3), after the words “proceedings under this Act” there shall be inserted the words “relating to indecent photographs of children”.
(3) In section 4—
(a) in subsection (1), after the word “photograph” there shall be inserted the words “or pseudo-photograph”; and
(b) in subsection (2), after the word “photographs” there shall be inserted the words “or pseudo-photographs”.
(4) In section 5(2), (5) and (6), after the word “photographs” there shall be inserted the words “or pseudo-photographs”.
38 (1) The [S.I. 1978/1047 (N.I.17).] Protection of Children (Northern Ireland) Order 1978 shall be amended as follows.
(2) In Article 4(1)—
(a) after the word “photograph” there shall be inserted the words “or pseudo-photograph”; and
(b) after the word “photographs” there shall be inserted the words “or pseudo-photographs”.
(3) In Article 5(3) and (5), after the word “photographs” there shall be inserted the words “or pseudo-photographs”.
(4) In Article 6(1), after the word “photographs” there shall be inserted the words “or pseudo-photographs”.
(5) In Article 7(1), after the word “Order” there shall be inserted the words “relating to indecent photographs of children”.
39 In section 11(3) of the [1980 c. 43.] Magistrates' Courts Act 1980 (certain sentences and orders not to be made in absence of accused), after the word “make” there shall be inserted the words “a secure training order or”.
40 In section 24(1)(a) of the Magistrates' Courts Act 1980 (exception to summary trial of children or young persons) the words “he has attained the age of 14 and” shall be omitted.
41 In section 29(4)(b) of the Magistrates' Courts Act 1980 (person under 18 remitted to youth court for trial), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
42 In section 37(1) of the Magistrates' Courts Act 1980 (committal to Crown Court for sentence), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
43 In section 43(1) of the Magistrates' Courts Act 1980 (bail under the [1984 c. 60.] Police and Criminal Evidence Act 1984), after the words “bail under” there shall be inserted the words “Part IV of”.
44 In section 113(1) of the Magistrates' Courts Act 1980 (power of magistrates' court to grant bail on appeal to Crown Court or by way of case stated), after the word “may” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
45 In Part I of Schedule 1 to the [1980 c. 55.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (which makes ineligible for jury service persons connected with the administration of justice), in Group B, after paragraph (o) there shall be inserted the following paragraph—
“(oo) prisoner custody officers within the meaning of section 114(1) of the Criminal Justice and Public Order Act 1994;”.
46 In section 6 of the [1980 c. 57.] Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a constable)—
(a) in subsection (1), after the words “remand centre” there shall be inserted the words “secure training centre”;
(b) in subsection (2), after the words “remand centre” there shall be inserted the words “secure training centre”; and
(c) after the subsection (3) inserted by section 94 of this Act, there shall be inserted the following subsection—
“(4) Any reference in this section to a constable includes a reference to a custody officer (within the meaning of section 12 of the Criminal Justice and Public Order Act 1994) acting in pursuance of escort arrangements (within the meaning of Schedule 1 to that Act).”.
47 In section 2 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (detention and questioning at police station etc.)—
(a) at the beginning of subsection (3A) there shall be inserted “Subject to subsection (3B) below,”; and
(b) after subsection (3A) there shall be inserted the following subsection—
“(3B) Subsection (3A) above shall not apply in relation to detention under section 41(3) of the Prisons (Scotland) Act 1989 (detention in relation to introduction etc. into prison of prohibited article), but where a person was detained under section 41(3) immediately prior to his detention under subsection (1) above the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention.”.
48 In section 81(1) of the [1981 c. 54.] Supreme Court Act 1981 (power of Crown Court to grant bail), after the word “may”, there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
49 In section 3(1) of the [1982 c. 48.] Criminal Justice Act 1982 (restriction on certain sentences where offender not legally represented), after paragraph (d) there shall be inserted the following paragraph, preceded by the word “or”—
“(e) make a secure training order,”.
50 In section 32 of the [1982 c. 48.] Criminal Justice Act 1982 (early release by order of classes of prisoners and other persons), after subsection (7), there shall be inserted the following subsection—
“(7A) Subsections (1) and (4) above shall apply in relation to secure training centres and persons detained in such centres as they apply, by virtue of section 43(5) of the Prison Act 1952, to young offenders institutions and to persons detained in such institutions.”.
51 In section 51(4) of the [1983 c. 20.] Mental Health Act 1983 (power of court to remit or release on bail detained person), after the words “above or” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
52 (1) The [1984 c. 39.] Video Recordings Act 1984 shall be amended as follows.
(2) In section 13, after subsection (2), there shall be inserted the following subsection—
“(3) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”.
(3) For section 15 there shall be substituted the following section—
(1) No prosecution for an offence under this Act shall be brought after the expiry of the period of three years beginning with the date of the commission of the offence or one year beginning with the date of its discovery by the prosecutor, whichever is earlier.
(2) In Scotland, the reference in subsection (1) above to the date of discovery by the prosecutor shall be construed as a reference to the date on which evidence sufficient in the opinion of the Lord Advocate to warrant proceedings came to his knowledge.
(3) For the purposes of subsection (2) above—
(a) a certificate signed by the Lord Advocate or on his behalf and stating the date on which evidence came to his knowledge shall be conclusive evidence of that fact;
(b) a certificate purporting to be signed as mentioned in paragraph (a) above shall be presumed to be so signed unless the contrary is proved; and
(c) a prosecution shall be deemed to be brought on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay.”.
53 In section 17 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (police powers of entry to effect arrest etc.)—
(a) in subsection (1)(c), after sub-paragraph (iii), there shall be inserted the following sub-paragraph—
“(iv) section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);”;
(b) in subsection (3), after the words “subsection (1)(c)(ii)” there shall be inserted the words “or (iv)”.
54 In section 38(1) of the Police and Criminal Evidence Act 1984 (duty of custody officer to release on bail or without bail after charge), after the word “shall” there shall be inserted the words “, subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
Criminal Justice and Public Order Act 1994