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Criminal Justice and Courts Services Act 2000 (c. 43)

(The document as of February, 2008)

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Criminal Justice and Courts Services Act 2000

2000 CHAPTER 43

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    The New Services

    1. Chapter I

      National Probation Service for England and Wales

      1. Introduction

        1. 1. Purposes of the Chapter.

        2. 2. Aims of the Service.

      2. Functions

        1. 3. Functions of the Secretary of State.

        2. 4. Local probation boards.

        3. 5. Functions of local probation boards.

        4. 6. The inspectorate.

        5. 7. Functions of inspectorate.

      3. Miscellaneous

        1. 8. Support services.

        2. 9. Approved premises.

        3. 10. Default powers.

    2. Chapter II

      Children and Family Court Advisory and Support Service

      1. 11. Establishment of the Service.

      2. 12. Principal functions of the Service.

      3. 13. Other powers of the Service.

      4. 14. Provision of staff or services to other organisations.

      5. 15. Right to conduct litigation and right of audience.

      6. 16. Cross-examination of officers of the Service.

      7. 17. Inspection.

    3. Chapter III

      General

      1. Property and staff

        1. 18. Definitions.

        2. 19. Property.

        3. 20. Transfer of staff.

        4. 21. Effect of transfer of eligible employees.

        5. 22. Effect of transfer of chief probation officers.

        6. 23. Transfer of staff in consequence of arrangements under Part I.

      2. Provision for the protection of children

        1. 24. Provision for the protection of children.

      3. Interpretation

        1. 25. Interpretation of Part I.

  2. Part II

    Protection of Children

    1. Disqualification orders

      1. 26. Meaning of "offence against a child".

      2. 27. Equivalent armed forces offences.

      3. 28. Disqualification from working with children: adults.

      4. 29. Disqualification from working with children: juveniles.

      5. 30. Sections 28 and 29: supplemental.

      6. 31. Appeals.

      7. 32. Review of disqualification.

      8. 33. Conditions for application under section 32.

      9. 34. Restoration of disqualification order.

    2. Effect of disqualification from working with children

      1. 35. Persons disqualified from working with children: offences.

      2. 36. Meaning of "regulated position".

      3. 37. Disqualification in Scotland or Northern Ireland.

      4. 38. Rehabilitation of offenders.

    3. Indecent conduct towards children

      1. 39. Extension of offence: conduct towards 14 and 15 year olds.

      2. 40. Extension of corresponding Northern Ireland offence: conduct towards 14 to 16 year olds.

    4. Indecent photographs of children: increase of maximum penalties

      1. 41. Indecent photographs of children: increase of maximum penalties.

    5. General

      1. 42. Interpretation of Part II.

  3. Part III

    Dealing with offenders

    1. Chapter I

      Community sentences

      1. Renaming certain community orders

        1. 43. Probation orders renamed community rehabilitation orders.

        2. 44. Community service orders renamed community punishment orders.

        3. 45. Combination orders renamed community punishment and rehabilitation orders.

      2. New community orders

        1. 46. Exclusion orders.

        2. 47. Drug abstinence orders.

      3. Miscellaneous

        1. 48. Pre-sentence drug testing.

        2. 49. Community sentences: drug abstinence requirements.

        3. 50. Community sentences: curfew requirements.

        4. 51. Community sentences: exclusion requirements.

        5. 52. Community sentences: electronic monitoring of requirements.

        6. 53. Breach of community orders: warning and punishment.

        7. 54. Breach of community orders: failure to answer summons.

        8. 55. Regulation of community orders.

    2. Chapter II

      Miscellaneous

      1. Young offenders: reprimands and warnings

        1. 56. Reprimands and warnings.

      2. Police powers: drugs

        1. 57. Testing persons in police detention.

      3. Bail

        1. 58. Right to bail: relevance of drug misuse.

      4. Detention

        1. 59. Remand centres.

        2. 60. Life sentences: tariffs.

        3. 61. Abolition of sentences of detention in a young offender institution, custody for life, etc.

      5. Release of prisoners on licence etc.

        1. 62. Release on licence etc: conditions as to monitoring.

        2. 63. Supervision of young offenders after release.

        3. 64. Release on licence etc: drug testing requirements.

        4. 65. Short-term prisoners: release subject to curfew conditions.

      6. Sexual or violent offenders

        1. 66. Amendments of the Sex Offenders Act 1997.

        2. 67. Arrangements for assessing etc. risks posed by certain offenders.

        3. 68. Section 67: interpretation.

        4. 69. Duties of local probation boards in connection with victims of certain offences.

    3. Chapter III

      Supplementary

      1. 70. Interpretation, etc.

  4. Part IV

    General and supplementary

    1. Chapter I

      General

      1. 71. Access to driver licensing records.

      2. 72. Failure to secure regular attendance at school.

      3. 73. Parenting orders: responsible officer.

      4. 74. Amendments.

      5. 75. Repeals.

    2. Chapter II

      Supplementary

      1. 76. Subordinate legislation.

      2. 77. Supplementary and consequential provision, etc.

      3. 78. General interpretation.

      4. 79. Expenses.

      5. 80. Commencement.

      6. 81. Extent.

      7. 82. Short title.

  5. Schedules:

    1. Schedule 1

      Local probation boards.

    2. Schedule 2

      Children and Family Court Advisory and Support Service.

    3. Schedule 3

      Transfer of property.

    4. Schedule 4

      Meaning of "offence against a child".

    5. Schedule 5

      Amendments of the Sex Offenders Act 1997.

    6. Schedule 6

      Trigger offences.

    7. Schedule 7

      Minor and consequential amendments.

      1. Part I

        New names.

      2. Part II

        General.

    8. Schedule 8

      Repeals.

An Act to establish a National Probation Service for England and Wales and a Children and Family Court Advisory and Support Service; to make further provision for the protection of children; to make further provision about dealing with persons suspected of, charged with or convicted of offences; to amend the law relating to access to information held under Part III of the Road Traffic Act 1988; and for connected purposes.

[30th November 2000]

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 The New Services

Chapter I National Probation Service for England and Wales

Introduction

1 Purposes of the Chapter

(1) This Chapter has effect for the purposes of providing for--

(a) courts to be given assistance in determining the appropriate sentences to pass, and making other decisions, in respect of persons charged with or convicted of offences, and

(b) the supervision and rehabilitation of such persons.

(2) Subsection (1)(b) extends (in particular) to--

(a) giving effect to community orders,

(b) supervising persons released from prison on licence,

(c) providing accommodation in approved premises.

(3) Regulations may extend the purposes mentioned in subsection (1) to include other prescribed purposes relating to persons charged with or convicted of offences.

2 Aims of the Service

(1) This section applies to--

(a) the functions of the Secretary of State under this Chapter,

(b) the functions of local probation boards, and officers of local probation boards, under this Act or any other enactment,

so far as they may be exercised for the purposes mentioned in section 1.

(2) In exercising those functions the person concerned must have regard to the following aims--

(a) the protection of the public,

(b) the reduction of re-offending,

(c) the proper punishment of offenders,

(d) ensuring offenders' awareness of the effects of crime on the victims of crime and the public,

(e) the rehabilitation of offenders.



Functions

3 Functions of the Secretary of State

(1) The Secretary of State has the function of ensuring that provision is made throughout England and Wales for the purposes mentioned in section 1.

(2) The Secretary of State may make any payment he considers appropriate towards expenditure incurred by any person for any of those purposes.

(3) If he considers it appropriate, he may make any payment on conditions.

(4) The conditions may (among other things)--

(a) regulate the purposes for which the payment or any part of it may be used,

(b) require repayment to the Secretary of State in specified circumstances.

4 Local probation boards

(1) For the purpose of implementing this Chapter, England and Wales shall be divided into areas.

(2) For each area there shall be a board (referred to in this Act as a local probation board) which is to exercise the functions conferred on it by virtue of this Act and any other enactment.

(3) Schedule 1 (which makes provision about the constitution of local probation boards, their powers and other matters relating to them) is to have effect.

(4) References in this Act or any other enactment to an officer of a local probation board are references to--

(a) any member of the staff of a local probation board appointed to exercise the functions of an officer of the board, and

(b) any other individual exercising functions of an officer of a local probation board by virtue of section 5(2).

(5) The initial areas for the purpose of implementing this Chapter are--

(a) the police areas listed in Schedule 1 to the [1996 c. 16.] Police Act 1996 (areas into which England and Wales, apart from London, is divided), and

(b) the area comprising the Metropolitan Police District and the City of London Police Area.

(6) The division of England and Wales into areas for that purpose may be altered from time to time by order made by the Secretary of State.

5 Functions of local probation boards

(1) It is a function of a local probation board--

(a) to make arrangements for ensuring that sufficient provision is made in respect of its area for the purposes mentioned in section 1 and for ensuring the performance of any other functions conferred by virtue of this Act or any other enactment on the board,

(b) to make arrangements for ensuring the performance of any functions conferred by virtue of this Act or any other enactment on officers of the board,

and to implement, or ensure the implementation of, any arrangements it makes under this section.

(2) In addition to making arrangements for provision to be made by its staff, a local probation board may (for example)--

(a) make arrangements with organisations for provision to be made on the board's behalf by the organisations,

(b) make arrangements with individuals who are not members of the board's staff under which they may perform functions of officers of the board,

and arrangements under paragraph (a) may provide for the organisations to designate individuals who may perform functions of officers of the board.

(3) The provision that may be made in pursuance of such arrangements includes providing services to any person and, in particular--

(a) giving assistance to persons remanded on bail or for whom officers of the board have responsibilities,

(b) providing accommodation in approved premises for persons who have at any time been charged with or convicted of an offence.

(4) A local probation board may provide for its staff to co-operate with persons in its area who are concerned with the prevention or reduction of crime or with giving assistance to the victims of crime.

(5) Regulations may confer further functions on local probation boards or officers of local probation boards.

(6) A local probation board may give grants or other financial assistance to any person only in pursuance of regulations.

(7) A local probation board--

(a) may make an arrangement with another local probation board under which it provides on behalf of the other board, in respect of the other board's area, any services which it could provide under this section in respect of its own area, and

(b) may charge the other local probation board for any services it provides in pursuance of the arrangement.

(8) It is for the Secretary of State to determine whether or not any provision made by a local probation board under this section is sufficient.

6 The inspectorate

(1) The inspectorate, and the office of chief inspector, established under section 23 of the [1993 c. 47.] Probation Service Act 1993 (inspectorate of probation) shall continue in being, but--

(a) the members of the inspectorate are to be known as "Her Majesty's Inspectorate of the National Probation Service for England and Wales", and

(b) the chief inspector is to be known as "Her Majesty's Chief Inspector of the National Probation Service for England and Wales".

(2) The power to appoint a person to be chief inspector or one of the other members of the inspectorate is exercisable by the Secretary of State.

(3) The Secretary of State may determine--

(a) the number of members of the inspectorate,

(b) the remuneration, allowances or other amounts to be paid by him to or in respect of the members of the inspectorate.

(4) Below in this Chapter--

(a) references to the chief inspector are to Her Majesty's Chief Inspector of the National Probation Service for England and Wales,

(b) references to the members of the inspectorate are to the chief inspector and the other members of Her Majesty's Inspectorate of the National Probation Service for England and Wales.

7 Functions of inspectorate

(1) The chief inspector must secure that the provision made in pursuance of arrangements made by each local probation board under section 5 is inspected by a member of the inspectorate.

(2) The Secretary of State may direct the members of the inspectorate to assess the provision made by reference to criteria specified in directions.

(3) A report of an inspection under subsection (1) must be sent to the Secretary of State.

(4) The Secretary of State may give directions as to--

(a) the information to be given in the report and the form in which it is to be given,

(b) the time by which the report is to be given.

(5) The Secretary of State must lay a copy of the report before each House of Parliament.

(6) The Secretary of State may give directions, in connection with the purposes mentioned in section 1 or any related purposes, conferring further functions on the chief inspector and the other members of the inspectorate.



Miscellaneous

8 Support services

(1) The Secretary of State may by order provide for any services to which, in his opinion, subsection (3) applies to be provided not by the staff of local probation boards but by others under arrangements made with the boards.

(2) The order may provide that only the Secretary of State, or an organisation or individual of a description specified in the order, may provide the services.

(3) This subsection applies to services--

(a) which are required by local probation boards in connection with the exercise of their functions, but

(b) which, with a view to obtaining better value for money or to improving the standard of the services or the efficiency of their provision, are better provided by persons other than the staff of local probation boards.

9 Approved premises

(1) The Secretary of State may approve premises in which accommodation is provided--

(a) for persons granted bail in criminal proceedings (within the meaning of the [1976 c. 63.] Bail Act 1976), or

(b) for, or in connection with, the supervision or rehabilitation of persons convicted of offences.

(2) References in any enactment to an approved bail hostel or approved probation hostel are to be read as references to premises approved under this section.

(3) Regulations may provide for the regulation, management and inspection of premises approved under this section.

(4) The Secretary of State may at any time make payments of any amount he considers appropriate towards the expenditure of any person in carrying on, or enlarging or improving, any premises if the premises are approved under this section or the payment is made with a view to their approval.

10 Default powers

(1) The power conferred by this section is exercisable by the Secretary of State in respect of a local probation board if it appears to him that the board is failing to perform the functions conferred on it or that its arrangements for performing those functions do not represent good value for money.

(2) The Secretary of State may make an order (a "management order") in respect of the board.

(3) A management order may modify the application of Schedule 1 in relation to the board by--

(a) providing for the board to comprise persons determined in accordance with an arrangement made between the Secretary of State and an organisation (a "management arrangement"), and

(b) making any other modifications which appear to the Secretary of State to be necessary or expedient in consequence of that provision or of the management arrangement.

(4) A management order may provide for the persons determined in accordance with the management arrangement to replace all or any of the chairman, the chief officer and the other existing members of the board; and vacancies occurring among the replacements are to be filled in accordance with the management arrangement.

(5) The power to revoke a management order is exercisable at any time when the Secretary of State considers it necessary or expedient to revoke it.

(6) On the revocation of a management order, any person who is a member of the board by virtue of the order and the arrangement ceases to be a member; and, accordingly, any vacancy occurring by virtue of the revocation is to be filled in accordance with Schedule 1 (unless the Secretary of State makes a new management order).



Chapter II Children and Family Court Advisory and Support Service

11 Establishment of the Service

(1) There shall be a body corporate to be known as the Children and Family Court Advisory and Support Service (referred to in this Part as the Service) which is to exercise the functions conferred on it by virtue of this Act and any other enactment.

(2) Schedule 2 (which makes provision about the constitution of the Service, its powers and other matters relating to it) is to have effect.

(3) References in this Act or any other enactment to an officer of the Service are references to--

(a) any member of the staff of the Service appointed under paragraph 5(1)(a) of that Schedule, and

(b) any other individual exercising functions of an officer of the Service by virtue of section 13(2) or (4).

12 Principal functions of the Service

(1) In respect of family proceedings in which the welfare of children is or may be in question, it is a function of the Service to--

(a) safeguard and promote the welfare of the children,

(b) give advice to any court about any application made to it in such proceedings,

(c) make provision for the children to be represented in such proceedings,

(d) provide information, advice and other support for the children and their families.

(2) The Service must also make provision for the performance of any functions conferred on officers of the Service by virtue of this Act or any other enactment (whether or not they are exercisable for the purposes of the functions conferred on the Service by subsection (1)).

(3) Regulations may provide for grants to be paid by the Service to any person for the purpose of furthering the performance of any of the Service's functions.

(4) The regulations may provide for the grants to be paid on conditions, including conditions--

(a) regulating the purposes for which the grant or any part of it may be used,

(b) requiring repayment to the Service in specified circumstances.

(5) In this section, "family proceedings" has the same meaning as in the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of the [1989 c. 41.] Children Act 1989, but--

(a) references to family proceedings include (where the context allows) family proceedings which are proposed or have been concluded, and

(b) for the purposes of paragraph (a), where a supervision order (within the meaning of the [1989 c. 41.] Children Act 1989) is made in family proceedings, the proceedings are not to be treated as concluded until the order has ceased to have effect.

13 Other powers of the Service

(1) The Service may make arrangements with organisations under which the organisations perform functions of the Service on its behalf.

(2) Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of officers of the Service.

(3) But the Service may only make an arrangement under subsection (1) if it is of the opinion--

(a) that the functions in question will be performed efficiently and to the required standard, and

(b) that the arrangement represents good value for money.

(4) The Service may make arrangements with individuals under which they may perform functions of officers of the Service.

(5) The Service may commission, or assist the conduct of, research by any person into matters concerned with the exercise of its functions.

14 Provision of staff or services to other organisations

(1) The Service may make arrangements with an organisation or individual under which staff of the Service may work for the organisation or individual.

(2) The Service may make arrangements with an organisation or individual under which any services provided to the Service by its staff are also made available to the organisation or individual.

(3) The Service may charge for anything done under arrangements under this section.

15 Right to conduct litigation and right of audience

(1) The Service may authorise an officer of the Service of a prescribed description--

(a) to conduct litigation in relation to any proceedings in any court,

(b) to exercise a right of audience in any proceedings before any court,

in the exercise of his functions.

(2) An officer of the Service exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of section 28(2)(a) of the [1990 c. 41.] Courts and Legal Services Act 1990 is to be treated as having acquired that right solely by virtue of this section.

(3) An officer of the Service exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of section 27(2)(a) of the [1990 c. 41.] Courts and Legal Services Act 1990 is to be treated as having acquired that right solely by virtue of this section.

(4) In this section and section 16, "right to conduct litigation" and "right of audience" have the same meanings as in section 119 of the [1990 c. 41.] Courts and Legal Services Act 1990.

16 Cross-examination of officers of the Service

(1) An officer of the Service may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.

(2) But an officer of the Service may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with section 15.

17 Inspection

(1) In section 62 of the Justices of the [1997 c. 25.] Peace Act 1997 (inspectors of the magistrates' courts service), after subsection (3) there is inserted--

" (3A) It shall also be the duty of inspectors of the magistrates' courts service--

(a) to inspect and report to the Lord Chancellor on the performance by the Children and Family Court Advisory and Support Service (referred to in this and the next section as the Service), and the officers of the Service, of their functions; and

(b) to discharge, in connection with those functions or with related functions of any other person, such functions as the Lord Chancellor may from time to time direct. "

(2) In section 63 of that Act (powers of inspectors)--

(a) after subsection (2) there is inserted--

" (2A) An inspector of the magistrates' courts service exercising his functions under section 62 above shall also have at all reasonable times--

(a) a right of entry to any premises occupied by the Service; and

(b) a right to inspect, and take copies of, any records kept by the Service, and any other documents containing information relating to the performance of the functions of the Service or its officers which he considers relevant to the discharge of his functions. " ,

(b) in subsection (3), after "(1)" there is inserted "or (2A)" and for "that subsection" there is substituted "subsection (1) or (2A) above".



Chapter III General

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Property and staff

18 Definitions

(1) This section applies for the purposes of sections 19 to 21 and Schedule 3.

(2) "Eligible employee" means--

(a) in relation to a local authority or the Official Solicitor or the Receiver for the Metropolitan Police District, a person who is employed under a contract of employment with the authority, the solicitor or the receiver on work which would have continued but for this Part,

(b) in relation to a probation committee, a person (other than a chief probation officer) who is employed under a contract of employment with the committee.

(3) "New employer" means a local probation board or the Service.

(4) "Old employer" means a local authority, a probation committee, the Official Solicitor or the Receiver for the Metropolitan Police District.

(5) "Property" includes rights and interests of any description, other than--

(a) those under a contract of employment,

(b) land, in the case of transfers to a local board.

19 Property

(1) The appropriate Minister may by order make a scheme--

(a) for the transfer to the Minister or the Service of any property belonging to the old employer,

(b) for the transfer to the Minister or the Service of any liabilities to which the old employer is subject,

(c) for the transfer of property or liabilities to a new employer after an initial transfer to the Minister under paragraph (a) or (b),

(d) for the Service to have any rights or interests which the Minister considers appropriate in relation to any property transferred to the Minister under the scheme.

(2) Stamp duty is not chargeable in respect of any transfer or grant to the Service effected by virtue of this section.

(3) No instrument made or executed under or in pursuance of the scheme for the purposes of such a transfer or grant is to be treated as duly stamped unless--

(a) it is stamped with the duty to which it would, but for this section, be liable, or

(b) it has, in accordance with the provisions of section 12 of the [1891 c. 39.] Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

(4) Schedule 3 (contents of schemes) applies in relation to a scheme under this section.

20 Transfer of staff

(1) The appropriate Minister may by order make a scheme for the transfer to a new employer of any eligible employee.

(2) A scheme may also provide for any persons who are employed as chief probation officer under a contract of employment with a probation committee to be appointed (under paragraphs 2 and 3 of Schedule 1) as chief officer of a local probation board.

(3) A scheme may apply--

(a) to all, or any description of, eligible employees or persons so employed, or

(b) to any individual eligible employee or person so employed.

(4) A scheme may be made only if any directions about consultation given by the appropriate Minister have been complied with in relation to each of the eligible employees and chief probation officers to be transferred or appointed in pursuance of the scheme.

21 Effect of transfer of eligible employees

(1) The contract of employment of an employee transferred under a scheme--

(a) is not terminated by the transfer,

(b) has effect from the date of transfer as if originally made between the employee and the transferee.

(2) Where an employee is transferred under a scheme--

(a) all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer, and

(b) anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.

This subsection does not prejudice the generality of subsection (1).

(3) But if the employee informs the old employer or the transferee that he objects to the transfer--

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