Office of Public Sector Information
SCHEDULE 10 continued
55 In section 54(1)(b) of the Police and Criminal Evidence Act 1984 (searches of persons detained at police stations), for the words “under section 47(5) above” there shall be substituted the words “, as a person falling within section 34(7), under section 37 above”.
56 In section 61 of the Police and Criminal Evidence Act 1984 (which regulates the taking of fingerprints)—
(a) after subsection (7) there shall be inserted the following subsection—
“(7A) If a person’s fingerprints are taken at a police station, whether with or without the appropriate consent—
(a) before the fingerprints are taken, an officer shall inform him that they may be the subject of a speculative search; and
(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.”; and
(b) in subsection (8), after the word “them” there shall be inserted the words “and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection”.
57 In section 62 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples)—
(a) after subsection (7) there shall be inserted the following subsection—
“(7A) If an intimate sample is taken from a person at a police station—
(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and
(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.”; and
(b) in subsection (8), after the words “subsection (7)” there shall be inserted the words “or (7A)”.
58 In section 63 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples)—
(a) after the subsection (8A) inserted by section 55 of this Act, there shall be inserted the following subsection—
“(8B) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—
(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and
(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.”; and
(b) in subsection (9), after the words “(8A)” there shall be inserted the words “or (8B)”.
59 In Part I of Schedule 5 to the [1984 c. 60.] Police and Criminal Evidence Act 1984 (serious arrestable offences mentioned in section 116(2)(a) of that Act), for item 7 (buggery) there shall be substituted—
“7 Buggery with a person under the age of 16.”.
60 In section 15(1) of the [1986 c. 64.] Public Order Act 1986 (delegation of functions), for “14” there shall be substituted “14A”.
61 (1) The [S.I. 1988/1987 (N.I.20).] Criminal Evidence (Northern Ireland) Order 1988 shall be amended as follows.
(2) In Article 3(1)(a), after the word “questioned” there shall be inserted the words “under caution”.
(3) In Article 4—
(a) in paragraph (1)—
(i) for the words “to (7)” there shall be substituted the words “and (4)”;
(ii) in sub-paragraph (b), the words “be called upon to” shall be omitted;
(iii) for the words from “if” onwards there shall be substituted the words “, at the conclusion of the evidence for the prosecution, his legal representative informs the court that the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence”;
(b) for paragraphs (2) and (3) there shall be substituted the following paragraph—
“(2) Where this paragraph applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment conducted with a jury, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question.”;
(c) in paragraph (4)—
(i) at the beginning there shall be inserted the words “Where this paragraph applies,”;
(ii) in sub-paragraph (a), for the words “from the refusal as appear proper” there shall be substituted the words “as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question”;
(d) in paragraph (5), for the words “refusal to be sworn” there shall be substituted the words “failure to do so”; and
(e) paragraphs (9) and (10) shall be omitted.
(4) In Article 5(1)(b), for the words “the constable” there shall be substituted the words “that or another constable investigating the case”.
(5) In Article 5(2), after sub-paragraph (a), for the word “and” there shall be substituted the following sub-paragraph—
“(aa) a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates' court to the Crown Court under Article 3 of that Order); and”.
(6) In Article 5, after paragraph 3, there shall be inserted the following paragraph—
“(3A) This Article applies in relation to officers of customs and excise as it applies in relation to constables.”.
(7) In Article 6(1)(b), for the words “the constable” there shall be substituted the words “that or another constable investigating the case”.
(8) In Article 6(2), after sub-paragraph (a), for the word “and” there shall be substituted the following sub-paragraph—
“(aa) a judge, in deciding whether to grant an application made by the accused under Article 5 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (application for dismissal of charge where a case of fraud has been transferred from a magistrates' court to the Crown Court under Article 3 of that Order); and”.
(9) In Article 6, after paragraph 2, there shall be inserted the following paragraph—
“(2A) This Article applies in relation to officers of customs and excise as it applies in relation to constables.”.
(10) In Article 6(3), for the words “do so” there shall be substituted the words “comply with the request”.
62 (1) The [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as provided in sub-paragraphs (2) and (3) below.
(2) In section 15 (provisions supplementary to powers to arrest and detain suspected persons), after subsection (10), there shall be inserted the following subsections—
“(11) Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall apply to the taking of an intimate sample from a person under subsection (9) above as if—
(a) for subsection (2) there were substituted—
“(2) An officer may only give an authorisation under subsection (1) or (1A) above for the taking of an intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
(b) whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that an intimate sample will tend to confirm or disprove his involvement”; and
(b) in subsection (6), after the word “includes”, there were inserted the words “where relevant”.
(12) In this section, “intimate sample” has the same meaning as in section 65 of the [1984 c. 60.] Police and Criminal Evidence Act 1984.
(13) Section 63(1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under subsection (9) above as if—
(a) for subsection (4) there were substituted—
“(4) An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
(b) whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that a non-intimate sample will tend to confirm or disprove his involvement”; and
(b) in subsection (7), after the word “includes” there were inserted the words “where relevant”.
(14) In this section, “non-intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.”.
(3) In Schedule 5, in paragraph 7 (provisions supplementary to powers to detain persons pending examination etc.), after sub-paragraph (6), there shall be inserted the following sub-paragraphs—
“(6A) Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall apply to the taking of an intimate sample from a person under sub-paragraph (5) above as if—
(a) for subsection (2) there were substituted—
“(2) An officer may only give an authorisation under subsection (1) or (1A) above for the taking of an intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which paragraph 2 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
(b) whether he is subject to an exclusion order under that Act; or
(c) whether there are grounds for suspecting that he has committed an offence under section 8 of that Act”; and
(b) in subsection (6), after the word “includes”, there were inserted the words “where relevant”.
(6B) In this paragraph, “intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.
(6C) Section 63 (1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under sub-paragraph (5) above as if—
(a) for subsection (4) there were substituted—
“(4) An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which paragraph 2 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 applies;
(b) whether he is subject to an exclusion order under that Act; or
(c) whether there are grounds for suspecting that he has committed an offence under section 8 of that Act”; and
(b) in subsection (7), after the word “includes”, there were inserted the words “where relevant”.
(6D) In this paragraph, “non-intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.”.
(4) In consequence of the foregoing amendments—
(a) in section 62 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples), at the end there shall be inserted the following subsection—
“(12) Nothing in this section, except as provided in section 15(11) and (12) of, and paragraph 7(6A) and (6B) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.”;
(b) in section 63 of the Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples), at the end there shall be inserted the following subsection—
“(10) Nothing in this section, except as provided in section 15(13) and (14) of, and paragraph 7(6C) and (6D) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.”; and
(c) in section 28(2) of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 (extent), in paragraph (b) (provisions extending only to England and Wales), after the words “section 15(10)” there shall be inserted the words “to (14)” and after the words “paragraph 7(6)” there shall be inserted the words “to (6D)”.
(5) For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), the amendments made by this paragraph shall be treated, as from the time when those amendments come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.
63 (1) The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as follows.
(2) In section 17(1)(b) (purposes of investigations), for the words “section 21(4) of that Act” there shall be substituted the words “section 28(3) of that Act”.
(3) In section 19(1) (consents required for prosecutions), after paragraph (a), there shall be inserted the following paragraph—
“(aa) in England and Wales for an offence under section 13A, 16A or 16B except by or with the consent of the Director of Public Prosecutions;”.
(4) In section 28(2) (extent), in paragraph (a) (provisions not extending to Northern Ireland), for the words “and section 15(1)”, there shall be substituted the words “, sections 13A and 15(1) and Part IVA”.
(5) For the purposes of section 27 (temporary provisions), the amendments made by this paragraph shall be treated, as from the time when those amendments come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.
64 In section 19(4) of the [1989 c. 45.] Prisons (Scotland) Act 1989 (remand centres and young offenders institutions), for the words “and 41” there shall be substituted the words “41, 41A and 41B”.
65 In section 20(1A) of the [1991 c. 53.] Criminal Justice Act 1991 (power of court to make financial circumstances order in absence of accused where guilty plea notified), for the words “section 12(2)” there shall be substituted the words “section 12(4)”.
66 In section 31(1) of the [1991 c. 53.] Criminal Justice Act 1991 (which defines, amongst other expressions, “custodial sentence”), in paragraph (b) of that definition, after the words “1982 Act”, there shall be inserted the words, “or a secure training order under section 1 of the Criminal Justice and Public Order Act 1994”.
67 In section 40(3)(b) of the Criminal Justice Act 1991 (committal for sentence of offender convicted of offence during currency of original sentence), at the beginning, there shall be inserted the words “subject to section 25 of the Criminal Justice and Public Order Act 1994,”.
68 In section 87(3) of the [1952 c. 52.] Criminal Justice Act 1991 (provisions of Prison Act 1952 not applying to contracted out prisons), after the word “officers)” there shall be inserted the words “and section 8A (powers of search by authorised employees)”.
69 In section 87(4) of the Criminal Justice Act 1991 (certain functions as governor to be functions of director of contracted out prisons), after “13(1)” insert “16A”.
70 For Schedule 5 to the Criminal Justice Act 1991 (supplementary provisions about the Parole Board) there shall be substituted the following Schedule—
1 (1) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.
(2) It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of its functions under Part II of this Act.
2 (1) The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.
(2) The Board shall include among its members—
(a) a person who holds or has held judicial office;
(b) a registered medical practitioner who is a psychiatrist;
(c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and
(d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.
(3) A member of the Board—
(a) shall hold and vacate office in accordance with the terms of his appointment;
(b) may resign his office by notice in writing addressed to the Secretary of State;
and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment.
3 (1) The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.
(2) The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine.
(3) If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.
(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.
4 (1) Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine.
(2) The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board.
(3) The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.
5 (1) The Board may appoint such number of employees as it may determine.
(2) The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board.
(3) Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury.
(4) The Employers' Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board.
6 (1) Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted— “Parole Board.”.
(2) The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
7 (1) The Secretary of State shall pay to the Board—
(a) any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and
(b) with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.
(2) Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.
8 The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.
9 Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.
10 (1) It shall be the duty of the Board—
(a) to keep proper accounts and proper records in relation to the accounts;
(b) to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and
(c) to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.
(2) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.
(3) In this paragraph, “financial year” means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.
11 The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.”.
71 In Schedule 6 to the [1991 c. 53.] Criminal Justice Act 1991 (procedure on notice of transfer in certain cases involving children), in paragraph 2(1), after the word “1976” where it occurs first there shall be inserted the words “, section 25 of the Criminal Justice and Public Order Act 1994”.
72 In section 4 of the [1993 c. 47.] Probation Service Act 1993 (functions of probation committee)—
(a) in subsection (1), after paragraph (d), there shall be inserted the following paragraph—
“(dd) to make arrangements for the selection, from the probation officers appointed for or assigned to a petty sessions area within their probation area, of an officer to supervise any person subject to supervision by a probation officer under a secure training order (within the meaning of section 1 of the Criminal Justice and Public Order Act 1994) naming as that petty sessions area the petty sessions area within which the person to be supervised resides for the time being;”; and
(b) in subsection (4), for the words “paragraph (c) or (d)” there shall be substituted the words “paragraph (c), (d) or (dd)”.
73 In section 17 of the [1993 c. 47.] Probation Service Act 1993 (probation committee expenditure)—
(a) in subsection (1), for the words “and (5)” there shall be substituted the words “(5) and (5A)”; and
(b) after subsection (5) there shall be inserted the following subsection—
“(5A) Nothing in sections 18 or 19 requires there to be paid out of the metropolitan police fund or defrayed by a local authority any expenses of a probation committee which are defrayed by the Secretary of State under section 3(6) of the Criminal Justice and Public Order Act 1994.”.
Criminal Justice and Public Order Act 1994