Criminal Justice and Courts Act 2015

• Citation: 2015 c. 2
• Sections: 346

Section 1 Maximum sentence for certain offences to be life imprisonment

(1) In section 4 of the Explosive Substances Act 1883 (making or possession of explosive under suspicious circumstances)—

(a) in subsection (1), for the words from “guilty” to the end substitute “ guilty of an offence ” , and

(b) after that subsection insert—

(1A) A person who is guilty of an offence under subsection (1) is liable, on conviction on indictment, to imprisonment for life.

(1B) Where a person is convicted of an offence under subsection (1) the explosive substance is to be forfeited.

(2) In section 54(6)(a) of the Terrorism Act 2000 (penalty on conviction on indictment of offence involving weapons training for terrorism), for “imprisonment for a term not exceeding ten years” substitute “ imprisonment for life ” .

(3) In section 6(5)(a) of the Terrorism Act 2006 (penalty on conviction on indictment of offence involving training for terrorism), for “imprisonment for a term not exceeding 10 years” substitute “ imprisonment for life ” .

(4) The amendments made by this section apply only in relation to an offence committed on or after the day on which they come into force.

(5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (4) to have been committed on the last of those days.

Section 2 Specified offences

(1) Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of Chapter 5 of Part 12 of that Act) is amended as follows.

(2) After paragraph 22 (offence under section 3 of the Explosive Substances Act 1883) insert—

(22A) An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances).

(3) For paragraph 64 (accessories and inchoate offences: violent offences) substitute—

(64)

(1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Part of this Schedule.

(2) An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding paragraphs of this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.

(4) For paragraph 65 (attempt or conspiracy to commit murder) substitute—

(65)

(1) An attempt to commit murder.

(2) Conspiracy to commit murder.

(3) Incitement to commit murder.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed.

(5) Omit paragraph 92 (offence of keeping a brothel under section 33 of the Sexual Offences Act 1956).

(6) After that paragraph insert—

(92A) An offence under section 33A of that Act (keeping a brothel used for prostitution).

(7) For paragraph 153 (accessories and inchoate offences: sexual offences) substitute—

(153)

(1) Aiding, abetting, counselling or procuring the commission of an offence specified in this Part of this Schedule.

(2) An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.

(8) The amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.

(9) But subsection (8) does not apply for the purposes of the provisions referred to in subsection (10).

(10) For the purposes of sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act 2003 and sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006, the amendments made by subsections (2) and (4) apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.

(11) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (10) to have been committed on the last of those days.

Section 3 Schedule 15B offences

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Section 4 Parole Board release when serving extended sentences

(1) Section 246A of the Criminal Justice Act 2003 (release on licence of prisoners serving extended sentences under section 226A or 226B) is amended as follows.

(2) In subsection (2) (automatic release at the end of requisite custodial period), for the words from “unless” to the end substitute

if—

(a) the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,

(b) the appropriate custodial term is less than 10 years, and

(c) the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.

(3) In subsection (3) (release following Parole Board direction), for “If either or both of those conditions are met” substitute “ In any other case ” .

Section 5 Minor amendments

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(3) In section 218A of the Armed Forces Act 2006 (life sentence for second listed offence), at the end insert—

(8) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1)(c) and (5)(a) to have been committed on the last of those days.

Section 6 Sentence and Parole Board release for offenders of particular concern

(1) Part 1 of Schedule 1 contains—

(a) provision about the sentence to be imposed on certain offenders of particular concern, and

(b) provision for such offenders to be released on licence following a Parole Board direction.

(2) That Schedule also contains—

(a) equivalent provision in respect of offenders convicted of service offences (see Part 2),

(b) transitional and transitory provision (see Part 3), and

(c) consequential provision (see Part 4).

Section 7 Electronic monitoring following release on licence etc

(1) Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with offenders) is amended as follows.

(2) In section 62 (release on licence etc: conditions as to monitoring)—

(a) for subsection (2) substitute—

(2) The conditions may include electronic monitoring conditions.

(2A) An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring.

(2B) A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.

(b) after subsection (5) insert—

(5A) In this section “ electronic monitoring condition ” means a condition requiring the person to submit to either or both of the following—

(a) electronic monitoring of the person's compliance with another condition of release, and

(b) electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).

(3) After section 62 insert—

Release on licence etc: compulsory electronic monitoring conditions

(62A)

(1) The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.

(2) An order under this section may—

(a) require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;

(b) make provision generally or in relation to a case described in the order.

(3) An order under this section may, in particular—

(a) make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;

(b) make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;

(c) make provision by reference to whether a person specified in the order is satisfied of a matter.

(4) An order under this section may not make provision about a case in which the sentence imposed on the person is—

(a) a detention and training order,

(b) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of offenders under 18 convicted of certain offences),

(c) a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences), or

(d) an order under section 211 of that Act.

(5) In this section, “ electronic monitoring condition ” has the same meaning as in section 62.

Data from electronic monitoring: code of practice

(62B)

(1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62.

(2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

(4) Schedule 2 to this Act contains consequential provision.

(5) The amendments made by this section and Schedule 2 apply in relation to a person who is released from prison on or after the day on which they come into force.

Section 8 Recall adjudicators

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Section 9

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Section 10

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Section 11 Initial release and release after recall: life sentences

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(2) In section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners while on licence), after subsection (5) insert—

(5A) The Board must not give a direction unless satisfied that it is no longer necessary for the protection of the public that the life prisoner should remain in prison.

(3) In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners), in subsection (3), after paragraph (a) insert—

(aa) amend section 32 of the Crime (Sentences) Act 1997 (recall of IPP prisoners and others while on licence and further release),

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(5) The amendment made by subsection (2) applies in relation to a person recalled before the day on which it comes into force as well as in relation to a person recalled on or after that day.

Section 12 Offence of remaining unlawfully at large after recall

(1) After section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners) insert—

Offence of remaining unlawfully at large after recall

(32ZA)

(1) A person recalled to prison under section 32 commits an offence if the person—

(a) has been notified of the recall orally or in writing, and

(b) while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

(2) A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) written notice of the recall has been delivered to an appropriate address, and

(b) a period specified in the notice has elapsed.

(3) In subsection (2) “ an appropriate address ” means—

(a) an address at which, under the person's licence, the person is permitted to reside or stay, or

(b) an address nominated, in accordance with the person's licence, for the purposes of this section.

(4) A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

(b) the person has failed to comply with such an instruction, and

(c) the person has not complied with such an instruction for at least 6 months.

(5) A person who is guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

(b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).

(6) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months.

(7) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

(2) After section 255 of the Criminal Justice Act 2003 (recall of prisoners) insert—

Offence of remaining unlawfully at large after recall

(255ZA)

(1) A person recalled to prison under section 254 or 255 commits an offence if the person—

(a) has been notified of the recall orally or in writing, and

(b) while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible.

(2) A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) written notice of the recall has been delivered to an appropriate address, and

(b) a period specified in the notice has elapsed.

(3) In subsection (2) “ an appropriate address ” means—

(a) an address at which, under the person's licence, the person is permitted to reside or stay, or

(b) an address nominated, in accordance with the person's licence, for the purposes of this section.

(4) A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if—

(a) the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services,

(b) the person has failed to comply with such an instruction, and

(c) the person has not complied with such an instruction for at least 6 months.

(5) A person who is guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both);

(b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).

(6) In relation to an offence committed before section 154(1) comes into force, the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months.

(7) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

(3) Section 32ZA of the Crime (Sentences) Act 1997 and section 255ZA of the Criminal Justice Act 2003 apply in relation to a person recalled to prison before or after this section comes into force.

Section 13 Offence of remaining unlawfully at large after temporary release

(1) Section 1 of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release) is amended as follows.

(2) For subsection (3) substitute—

(3) A person guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both), and

(b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).

(3) At the end insert—

(7) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months.

(8) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (3)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

(4) The amendment made by subsection (2) does not apply where the period of temporary release expired, or the order of recall was made, before this section comes into force.

Section 14 Definition of “requisite custodial period”

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) is amended as follows.

(2) In section 268 (interpretation of Chapter), after subsection (1) insert—

(1A) In this Chapter, “ the requisite custodial period ” means—

(a) in relation to a person serving an extended sentence imposed under section 226A or 226B, the requisite custodial period for the purposes of section 246A;

(b) in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247;

(c) in relation to a person serving a sentence imposed under section 236A, the requisite custodial period for the purposes of section 244A;

(d) in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A or section 244 (as appropriate).

(3) In section 247 (release on licence of prisoner serving extended sentence under section 227 or 228)—

(a) in subsection (2)(a), for “one-half of the appropriate custodial term” substitute “ the requisite custodial period ” , and

(b) for subsection (7) substitute—

(7) In this section—

“ the appropriate custodial term ” means the period determined by the court as the appropriate custodial term under section 227 or 228;

“ the requisite custodial period ” means—

in relation to a person serving one sentence, one-half of the appropriate custodial term, and

in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).

(4) In section 260 (early removal of prisoners liable to removal from United Kingdom), omit subsection (7).

(5) In section 261 (re-entry into United Kingdom of offender removed from prison early)—

(a) in subsection (5), omit paragraph (a),

(b) in subsection (5)(b)—

(i) omit “in any other case,” and

(ii) for “or 246A” substitute “ , 246A or 247 ” , and

(c) in subsection (6), omit the definition of “requisite custodial period”.

(6) In Schedule 20A (application of Chapter 6 of Part 12 to pre-4 April 2005 cases)—

(a) omit paragraph 8(2) (modification of section 260), and

(b) after paragraph 8 insert—

(8A) Section 268(1A) (definition of “the requisite custodial period”) has effect as if it provided that, in relation to a person serving an extended sentence under section 85 of the Sentencing Act, the requisite custodial period means one-half of the custodial term determined under that section (subject to sections 263 and 264).

(7) The amendments made by this section apply in relation to a person sentenced before the day on which they come into force as well as in relation to a person sentenced on or after that day.

Section 15 Minor amendments and transitional cases

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(4) In section 246(4) of the Criminal Justice Act 2003 (cases in which power to release before required to do so is not available), after paragraph (g) insert—

(ga) the prisoner has at any time been released on licence under section 34A of the Criminal Justice Act 1991 and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act);

(5) In section 250 of the Criminal Justice Act 2003 (licence conditions), for subsection (5A) substitute—

(5A) Subsection (5B) applies to a licence granted, either on initial release or after recall to prison, to a prisoner serving an extended sentence imposed under section 226A or 226B, other than a sentence that meets the conditions in section 246A(2) (release without direction of the Board).

(5B) The Secretary of State must not—

(a) include a condition referred to in subsection (4)(b)(ii) in the licence, either on release or subsequently, or

(b) vary or cancel any such condition included in the licence,

unless the Board directs the Secretary of State to do so.

(6) In section 260(2B) of the Criminal Justice Act 2003 (early removal from prison of extended sentence prisoners liable to removal from United Kingdom), for “section 246A” substitute “ this Chapter ” .

(7) In Schedule 20A to the Criminal Justice Act 2003 (application of Chapter 6 of Part 12 to pre-4 April 2005 cases), in paragraph 4 (modification of section 246: power to release before required to do so)—

(a) number the existing text as sub-paragraph (1),

(b) in that sub-paragraph, for “Section 246 applies as if, in subsection (4)” substitute “ Section 246(4) applies as if— ” ,

(c) in that sub-paragraph, omit paragraph (c), and

(d) after that sub-paragraph insert—

(2) Section 246(6) applies as if, in the definition of “term of imprisonment”, the reference to section 227 or 228 included a reference to section 85 of the Sentencing Act.

(8) In Schedule 20B to the Criminal Justice Act 2003 (modifications of Chapter 6 of Part 12 in certain transitional cases), omit paragraph 3(2)(a) (application of Part 2 of the Schedule to an extended sentence under section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).

(9) In paragraph 34 of that Schedule (licence conditions in certain transitional cases)—

(a) in sub-paragraph (1), at the end insert

and which was granted to a person serving—

(a) a 1967 Act sentence,

(b) a 1991 Act sentence, or

(c) a 2003 Act sentence which is an extended sentence imposed under section 227 or 228 before 14 July 2008.

(b) in sub-paragraph (6)(a), after “condition” insert “ referred to in section 250(4)(b)(ii) ” .

(10) The amendments made by subsections (1), (3) and (4) apply in relation to a person sentenced before the day on which they come into force as well as in relation to a person sentenced on or after that day.

Section 16 Drugs for which prisoners etc may be tested

(1) The Prison Act 1952 is amended as follows.

(2) In section 16A (testing prisoners for drugs), in subsection (3)—

(a) at the end of the definition of “drug” insert “ or specified drug ” ,

(b) omit the “and” that follows the definition of “prison officer”, and

(c) at the appropriate place insert—

“ specified drug ” means any substance or product specified in prison rules for the purposes of this section.

(3) In section 47 (rules for the management of prisons etc), after subsection (3) insert—

(3A) Rules made under this section may specify any substance or product (which is not a controlled drug for the purposes of the Misuse of Drugs Act 1971) in relation to which a person may be required to provide a sample for the purposes of section 16A of this Act.

Section 17 Restrictions on use of cautions

(1) This section applies where, in England and Wales, a person aged 18 or over admits that he or she has committed an offence.

(2) If the offence is an indictable-only offence, a constable may not give the person a caution except—

(a) in exceptional circumstances relating to the person or the offence, and

(b) with the consent of the Director of Public Prosecutions.

(3) If the offence is an either-way offence specified by order made by the Secretary of State, a constable may not give the person a caution except in exceptional circumstances relating to the person or the offence.

(4) If—

(a) the offence is a summary offence or an either-way offence not specified under subsection (3), and

(b) in the two years before the commission of the offence the person has been convicted of, or cautioned for, a similar offence,

a constable may not give the person a caution except in exceptional circumstances relating to the person, the offence admitted or the previous offence.

(5) It is for a police officer not below a rank specified by order made by the Secretary of State to determine—

(a) whether there are exceptional circumstances for the purposes of subsection (2), (3) or (4), and

(b) whether a previous offence is similar to the offence admitted for the purposes of subsection (4)(b).

(6) A determination under subsection (5) must be made in accordance with guidance issued by the Secretary of State.

(7) The Secretary of State may by order amend this section so as to provide for a different period for the purposes of subsection (4)(b).

(8) For the purposes of this section—

(a) “ caution ” does not include a conditional caution under Part 3 of the Criminal Justice Act 2003, but

(b) a person has been “cautioned for” an offence if he or she has been given a caution, a conditional caution or a youth caution or youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998.

(9) In this section—

“ either-way offence ” means an offence triable either way;

“ indictable-only offence ” means an offence which, if committed by an adult, is triable only on indictment.

(10) This section applies whether the offence admitted was committed before or after the time when this section comes into force.

Section 18 Restrictions on use of cautions: supplementary

(1) An order under section 17 may make different provision for different purposes.

(2) An order under section 17 must be made by statutory instrument.

(3) A statutory instrument containing an order under section 17(3) (specification of either-way offences) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under section 17(7) (change to period in section 17(4)(b)) may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions), in subsection (7), after “such a caution” insert “ (whether because of section 17 of the Criminal Justice and Courts Act 2015 or for any other reason) ” .

Section 19 Alternatives to prosecution: rehabilitation of offenders in Scotland

In Schedule 3 to the Rehabilitation of Offenders Act 1974 (protection for spent alternatives to prosecution: Scotland), at the end insert—

(9)

(1) The powers conferred on the Scottish Ministers by—

(a) paragraph 6, and

(b) section 7(4), as applied by paragraph 8,

may be exercised to make provision relating to reserved matters and are not subject to the restrictions imposed by section 29(2)(b) or (c) of, or Schedule 4 to, the Scotland Act 1998.

(2) In this paragraph, “ reserved matters ” has the same meaning as in the Scotland Act 1998.

Section 20 Ill-treatment or wilful neglect: care worker offence

(1) It is an offence for an individual who has the care of another individual by virtue of being a care worker to ill-treat or wilfully to neglect that individual.

(2) An individual guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).

(3) “ Care worker ” means an individual who, as paid work, provides—

(a) health care for an adult or child, other than excluded health care, or

(b) social care for an adult,

including an individual who, as paid work, supervises or manages individuals providing such care or is a director or similar officer of an organisation which provides such care.

(4) An individual does something as “paid work” if he or she receives or is entitled to payment for doing it other than—

(a) payment in respect of the individual's reasonable expenses,

(b) payment to which the individual is entitled as a foster parent,

(c) a benefit under social security legislation, or

(d) a payment made under arrangements under section 2 of the Employment and Training Act 1973 (arrangements to assist people to select, train for, obtain and retain employment).

(5) “ Health care ” includes—

(a) all forms of health care provided for individuals, including health care relating to physical health or mental health and health care provided for or in connection with the protection or improvement of public health, and

(b) procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition,

and “ excluded health care ” has the meaning given in Schedule 4.

(6) “ Social care ” includes all forms of personal care and other practical assistance provided for individuals who are in need of such care or assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or any other similar circumstances.

(7) References in this section to a person providing health care or social care do not include a person whose provision of such care is merely incidental to the carrying out of other activities by the person.

(8) In this section—

“ adult ” means an individual aged 18 or over;

“ child ” means an individual aged under 18;

“ foster parent ” means—

a local authority foster parent within the meaning of the Children Act 1989,

a person with whom a child has been placed by a voluntary organisation under section 59(1)(a) of that Act, or

a private foster parent within the meaning of section 53 of the Safeguarding Vulnerable Groups Act 2006.

(9) In relation to an offence committed before 2 May 2022 , the reference in subsection (2)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(10) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (2)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

Section 21 Ill-treatment or wilful neglect: care provider offence

(1) A care provider commits an offence if—

(a) an individual who has the care of another individual by virtue of being part of the care provider's arrangements ill-treats or wilfully neglects that individual,

(b) the care provider's activities are managed or organised in a way which amounts to a gross breach of a relevant duty of care owed by the care provider to the individual who is ill-treated or neglected, and

(c) in the absence of the breach, the ill-treatment or wilful neglect would not have occurred or would have been less likely to occur.

(2) “ Care provider ” means—

(a) a body corporate or unincorporated association which provides or arranges for the provision of—

(i) health care for an adult or child, other than excluded health care, or

(ii) social care for an adult, or

(b) an individual who provides such care and employs, or has otherwise made arrangements with, other persons to assist him or her in providing such care,

subject to section 22.

(3) An individual is “part of a care provider's arrangements” where the individual—

(a) is not the care provider, but

(b) provides health care or social care as part of health care or social care provided or arranged for by the care provider,

including where the individual is not the care provider but supervises or manages individuals providing health care or social care as described in paragraph (b) or is a director or similar officer of an organisation which provides health care or social care as described there.

(4) A “ relevant duty of care ” means—

(a) a duty owed under the law of negligence, or

(b) a duty that would be owed under the law of negligence but for a provision contained in an Act, or an instrument made under an Act, under which liability is imposed in place of liability under that law,

but only to the extent that the duty is owed in connection with providing, or arranging for the provision of, health care or social care.

(5) For the purposes of this section, there is to be disregarded any rule of the common law that has the effect of—

(a) preventing a duty of care from being owed by one person to another by reason of the fact that they are jointly engaged in unlawful conduct, or

(b) preventing a duty of care being owed to a person by reason of that person's acceptance of a risk of harm.

(6) A breach of a duty of care by a care provider is a “gross” breach if the conduct alleged to amount to the breach falls far below what can reasonably be expected of the care provider in the circumstances.

(7) In this section—

(a) references to a person providing health care or social care do not include a person whose provision of such care is merely incidental to the carrying out of other activities by the person, and

(b) references to a person arranging for the provision of such care do not include a person who makes arrangements under which the provision of such care is merely incidental to the carrying out of other activities.

(8) References in this section to providing or arranging for the provision of health care or social care do not include making payments under—

(a) regulations under section 57 of the Health and Social Care Act 2001 (direct payments for community services and carers);

(b) section 12A of the National Health Act 2006 (direct payments for health care);

(ba) section 10B of the National Health Service (Wales) Act 2006 (c. 42) (direct payments for health care);

(bb) regulations under section 10B(6) of the National Health Service (Wales) Act 2006 (direct payments for after-care made by Local Health Boards);

(c) section 31 or 32 of the Care Act 2014 (direct payments for care and support);

(d) regulations under section 50 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (direct payments to meet an adult's needs).

(9) In this section—

“ Act ” includes an Act or Measure of the National Assembly for Wales;

“ adult ”, “ child ”, “ excluded health care ”, “ health care ” and “ social care ” have the same meaning as in section 20.

Section 22 Care provider offence: excluded care providers

(1) A local authority in England is not a care provider for the purposes of section 21 to the extent that it carries out functions to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 applies.

(2) A person is not a care provider for the purposes of section 21 to the extent that the person carries out a function of a local authority in England mentioned in subsection (1) in respect of which either of the following has effect—

(a) a direction under section 15(6)(a) of the Local Government Act 1999 (power of Secretary of State to direct functions of a best value authority to be carried out by another person);

(b) a direction under section 497A(4) or (4A) of the Education Act 1996 (power of Secretary of State to direct certain functions to be carried out by another person).

(3) Where a body corporate has entered into arrangements with a local authority in England under Part 1 of the Children and Young Persons Act 2008 (social work services for children and young persons), the body is not a care provider for the purposes of section 21 to the extent that it carries out relevant care functions of that authority (as defined in that Part of that Act) under those arrangements.

(4) A local authority in Wales is not a care provider for the purposes of section 21 to the extent that it—

(a) carries out functions under Part 2 of the Childcare Act 2006;

(b) carries out the education functions of the authority (as defined in section 579(1) of the Education Act 1996);

(c) carries out the social services functions of the authority (as defined in the Local Authority Social Services Act 1970), so far as relating to a child.

(5) A person is not a care provider for the purposes of section 21 to the extent that the person carries out a function of a local authority in Wales mentioned in subsection (4) in respect of which any of the following has effect—

(a) a direction under section 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (direction that a function be performed by the Welsh Ministers or their nominee) ;

(b) a direction under section 25 or 26 of the School Standards and Organisation (Wales) Act 2013 (anaw 1) (powers of Welsh Ministers to direct education functions to be carried out by another person);

(c) a direction under section 154 or 155 of the Social Services and Well-Being (Wales) Act 2014 (anaw 4) (powers of Welsh Ministers to direct social services functions to be carried out by another person).

(6) A registered adoption society or registered adoption support agency is not a care provider for the purposes of section 21 to the extent that it provides adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002).

(7) In this section, “ local authority ” means—

(a) in England, a county council, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council, a London borough council, the Council of the Isles of Scilly and (in its capacity as a local authority) the Common Council of the City of London, and

(b) in Wales, a county council or a county borough council.

(8) In this section—

“ child ” has the same meaning as in section 20;

“ registered adoption society ” means an adoption society (as defined in section 2 of the Adoption and Children Act 2002) which is a voluntary organisation (as defined in that section) and in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ;

“ registered adoption support agency ” means an adoption support agency (as defined in section 8 of the Adoption and Children Act 2002) in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 .

Section 23 Care provider offence: penalties

(1) A person guilty of an offence under section 21 is liable, on conviction on indictment or summary conviction, to a fine.

(2) A court before which a person is convicted of an offence under section 21 may make either or both of the following orders—

(a) a remedial order;

(b) a publicity order;

(whether instead of or as well as imposing a fine).

(3) A “remedial order” is an order requiring the person to take specified steps to remedy one or more of the following—

(a) the breach mentioned in section 21(1)(b) (“the relevant breach”);

(b) any matter that appears to the court to have resulted from the relevant breach and to be connected with the ill-treatment or neglect;

(c) any deficiency in the person's policies, systems or practices of which the relevant breach appears to the court to be an indication.

(4) A “publicity order” is an order requiring the person to publicise in a specified manner—

(a) the fact that the person has been convicted of the offence;

(b) specified particulars of the offence;

(c) the amount of any fine imposed;

(d) the terms of any remedial order made.

(5) A remedial order—

(a) may be made only on an application by the prosecution which specifies the terms of the proposed order,

(b) must be made on such terms as the court considers appropriate having regard to any representations made, and any evidence adduced, in relation to its terms by the prosecution or by or on behalf of the person convicted, and

(c) must specify a period within which the steps specified in the order must be taken.

(6) A publicity order must specify a period within which the requirements specified in the order must be complied with.

(7) A person who fails to comply with a remedial order or a publicity order commits an offence and is liable, on conviction on indictment or summary conviction, to a fine.

(8) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, subsections (1) and (7) have effect as if they provided for a fine on summary conviction not exceeding the statutory maximum.

Section 24 Care provider offence: application to unincorporated associations

(1) For the purposes of sections 21 and 23, an unincorporated association is to be treated as owing whatever duties of care it would owe if it were a body corporate.

(2) Proceedings for an offence under those sections alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

(3) In relation to such proceedings, rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.

(4) In proceedings under section 21 or 23 brought against an unincorporated association, the following apply as they apply in relation to a body corporate—

(a) section 33 of the Criminal Justice Act 1925 (procedure on charge of offence against corporation);

(b) Schedule 3 to the Magistrates' Courts Act 1980 (provision about corporation charged with offence before a magistrates' court).

(5) A fine imposed on an unincorporated association on its conviction of an offence under section 21 or 23 is to be paid out of the funds of the association.

Section 25 Care provider offence: liability for ancillary and other offences

(1) An individual cannot be guilty of—

(a) aiding, abetting, counselling or procuring the commission of an offence under section 21, or

(b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to an offence under section 21.

(2) Where, in the same proceedings, there is—

(a) a charge under section 21 arising out of a particular set of circumstances, and

(b) a charge against the same defendant of a relevant offence arising out of some or all of those circumstances,

the defendant may, if the interests of justice so require, be convicted of both offences.

(3) A person convicted of an offence under section 21 arising out of a particular set of circumstances may, if the interests of justice so require, be charged with a relevant offence arising out of some or all of those circumstances.

(4) “ Relevant offence ” means an offence under an Act, or an instrument made under an Act, dealing with—

(a) health and safety matters, or

(b) the provision of health care or social care.

(5) In this section—

“ Act ” includes an Act or Measure of the National Assembly for Wales;

“ health care ” and “ social care ” have the same meaning as in section 20.

Section 26 Corrupt or other improper exercise of police powers and privileges

(1) A police constable listed in subsection (3) commits an offence if he or she—

(a) exercises the powers and privileges of a constable improperly, and

(b) knows or ought to know that the exercise is improper.

(2) A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).

(3) The police constables referred to in subsection (1) are—

(a) a constable of a police force in England and Wales;

(b) a special constable for a police area in England and Wales;

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

(d) a constable of the Civil Nuclear Constabulary;

(e) a constable of the Ministry of Defence Police;

(f) a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable.

(4) For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—

(a) he or she exercises a power or privilege of a constable for the purpose of achieving—

(i) a benefit for himself or herself, or

(ii) a benefit or a detriment for another person, and

(b) a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.

(5) For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).

(6) The first case is where—

(a) the police constable fails to exercise a power or privilege of a constable,

(b) the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and

(c) a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.

(7) The second case is where—

(a) the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,

(b) the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and

(c) a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.

(8) An offence is committed under this section if the act or omission in question takes place in the United Kingdom or in United Kingdom waters.

(9) In this section—

“benefit” and “detriment” mean any benefit or detriment, whether or not in money or other property and whether temporary or permanent;

“ United Kingdom waters ” means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.

(10) References in this section to exercising, or not exercising, the powers and privileges of a constable include performing, or not performing, the duties of a constable.

(11) Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.

Section 27 Term of imprisonment for murder of police or prison officer

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Section 28 Minimum sentence for repeat offences involving offensive weapons etc

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(8) Schedule 5 to this Act contains consequential provision.

Section 29 Offences committed by disqualified drivers

(1) After section 3ZB of the Road Traffic Act 1988 insert—

Causing death by driving: disqualified drivers

(3ZC) A person is guilty of an offence under this section if he or she—

(a) causes the death of another person by driving a motor vehicle on a road, and

(b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).

Causing serious injury by driving: disqualified drivers

(3ZD)

(1) A person is guilty of an offence under this section if he or she—

(a) causes serious injury to another person by driving a motor vehicle on a road, and

(b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).

(2) In this section “ serious injury ” means—

(a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

(b) in Scotland, severe physical injury.

(2) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) at the appropriate place insert—

(3) In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 3ZD of the Road Traffic Act 1988—

(a) in relation to an offence committed before 2 May 2022 , the reference in column 4 to the general limit in a magistrates’ court on summary conviction in England and Wales is to be read as a reference to 6 months, and

(b) in relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in column 4 to a fine on summary conviction in England and Wales is to be read as a reference to the statutory maximum.

(4) Schedule 6 to this Act contains further amendments relating to the offences under sections 3ZC and 3ZD of the Road Traffic Act 1988.

(5) The amendments made by this section and Schedule 6 have effect only in relation to driving which occurs after they come into force.

Section 30 Extension of disqualification from driving where custodial sentence also imposed

(1) In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—

(a) in subsection (4)(e) and (f), omit “calculated after that term has been reduced by any relevant discount”,

(b) in subsection (4)(h), omit “calculated after that sentence has been reduced by any relevant discount”, and

(c) omit subsection (6) (definition of “relevant discount”).

(2) In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed)—

(a) in subsection (4)(e) and (f), omit “calculated after that term has been reduced by any relevant discount”,

(b) in subsection (4)(h), omit “calculated after that sentence has been reduced by any relevant discount”, and

(c) omit subsection (6) (definition of “relevant discount”).

(3) In consequence of the amendments made by subsections (1) and (2), omit paragraphs 8 and 12 of Schedule 13 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Section 31 Mutual recognition of driving disqualification in UK and Republic of Ireland

(1) Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 ( EU Convention on driving disqualifications) is amended as follows.

(2) For the heading of the Chapter substitute “ Mutual recognition of driving disqualification in UK and Republic of Ireland ” .

(3) In section 54 (application of duty of the UK to give notice of driving disqualification)—

(a) in subsection (1), for paragraph (a) substitute—

(a) an individual (“the offender”) is convicted of a qualifying UK road traffic offence,

(aa) when convicted, the offender—

(i) is normally resident in the Republic of Ireland, or

(ii) is not normally resident in the Republic of Ireland but holds a Republic of Ireland licence,”, and

(b) after subsection (1) insert—

(1A) A qualifying UK road traffic offence is—

(a) an offence under the law of England and Wales or Scotland mentioned in Schedule 3;

(b) an offence under the law of Northern Ireland mentioned in Schedule 3A.

(4) In section 56(1) (application of duty of the UK to recognise driving disqualification imposed outside the UK), for paragraph (a) substitute—

(a) an individual (“the offender”) is convicted in the Republic of Ireland of an offence described in Schedule 3B,

(aa) when convicted, the offender—

(i) is normally resident in the United Kingdom, or

(ii) is not normally resident in the United Kingdom but holds a Great Britain licence or a Northern Ireland licence,

(5) After section 71 insert—

The specified agreement on driving disqualifications

(71A)

(1) In this Chapter, “ the specified agreement on driving disqualifications ” means the agreement specified from time to time by the Secretary of State by regulations for the purposes of this Chapter.

(2) The Secretary of State may only specify an agreement made—

(a) between the United Kingdom and the Republic of Ireland, and

(b) for the purpose of giving effect in one of those States to disqualification from driving imposed in the other on conviction for an offence.

(3) In this section, “ disqualification from driving ” means disqualification from holding or obtaining a licence to drive a motor vehicle.

(6) In Schedule 7 to this Act—

(a) Part 1 contains further provision for the purpose of implementing an agreement between the United Kingdom and the Republic of Ireland on the mutual recognition of driving disqualification;

(b) Part 2 contains provision about the transition from the EU Convention on driving disqualification to that agreement.

Section 32 Sending letters etc with intent to cause distress or anxiety

(1) In section 1 of the Malicious Communications Act 1988 (offence of sending letters etc with intent to cause distress or anxiety), for subsection (4) substitute—

(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding two years or a fine (or both);

(b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).

(5) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (4)(b) to 12 months is to be read as a reference to six months.

(6) In relation to an offence committed before section 85 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (4)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

(2) The amendment made by this section applies only in relation to an offence committed on or after the day on which it comes into force.

Section 33 Disclosing , or threatening to disclose, private sexual photographs and films with intent to cause distress

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Section 34 Meaning of “disclose” and “photograph or film”

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Section 35 Meaning of “private” and “sexual”

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Section 36 Meeting a child following sexual grooming etc

(1) In section 15(1)(a) of the Sexual Offences Act 2003 (meeting a child following sexual grooming etc), for “on at least two occasions” substitute “ on one or more occasions ” .

(2) In a case in which person A met or communicated with person B only once before the event mentioned in section 15(1)(a)(i) to (iii) of the Sexual Offences Act 2003, an offence under that section is committed only if the meeting or communication took place after this section comes into force.

Section 37 Possession of pornographic images of rape and assault by penetration

(1) Part 5 of the Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In section 63 (possession of extreme pornographic images)—

(a) after subsection (5) insert—

(5A) In relation to possession of an image in England and Wales, an “extreme image” is an image which—

(a) falls within subsection (7) or (7A), and

(b) is grossly offensive, disgusting or otherwise of an obscene character.

(b) in subsection (6), for “An” substitute “ In relation to possession of an image in Northern Ireland, an ” , and

(c) after subsection (7) insert—

(7A) An image falls within this subsection if it portrays, in an explicit and realistic way, either of the following—

(a) an act which involves the non-consensual penetration of a person's vagina, anus or mouth by another with the other person's penis, or

(b) an act which involves the non-consensual sexual penetration of a person's vagina or anus by another with a part of the other person's body or anything else,

and a reasonable person looking at the image would think that the persons were real.

(7B) For the purposes of subsection (7A)—

(a) penetration is a continuing act from entry to withdrawal;

(b) “ vagina ” includes vulva.

(3) In section 66 (defence: participation in consensual acts)—

(a) before subsection (1) insert—

(A1) Subsection (A2) applies where in England and Wales—

(a) a person (“D”) is charged with an offence under section 63, and

(b) the offence relates to an image that portrays an act or acts within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).

(A2) It is a defence for D to prove—

(a) that D directly participated in the act or any of the acts portrayed, and

(b) that the act or acts did not involve the infliction of any non-consensual harm on any person, and

(c) if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse, and

(d) if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.

(b) in subsection (1)—

(i) for “This section” substitute “ Subsection (2) ” , and

(ii) after “where” insert “ in Northern Ireland ” .

(4) In section 67 (penalties for possession of extreme pornographic images)—

(a) in subsection (2), for “Except where subsection (3) applies to the offence” substitute “ If the offence relates to an image that portrays any relevant act (with or without other acts) ” ,

(b) in subsection (3), for “act within section 63(7)(a) or (b)” substitute “ relevant act ” , and

(c) after subsection (4) insert—

(5) In this section “ relevant act ” means—

(a) in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);

(b) in relation to Northern Ireland, an act within section 63(7)(a) or (b).

(5) In Schedule 14 (special rules relating to providers of information society services)—

(a) after paragraph 1(3) insert—

(3A) For the purposes of sub-paragraph (2), “ extreme pornographic image ” has the meaning given by section 63(2) and in determining whether a domestic service provider is in possession of such an image—

(a) where the service provider is established in England and Wales, “ extreme image ” has the meaning given by section 63(5A);

(b) where the service provider is established in Northern Ireland, “ extreme image ” has the meaning given by section 63(6).

(b) omit paragraph 6(2).

Section 38 Secure colleges and other places for detention of young offenders etc

(1) For section 43 of the Prison Act 1952 and the italic heading before it substitute—

Places for the detention of young offenders etc

Places for the detention of young offenders etc

(43)

(1) The Secretary of State may provide the following places for the detention of young persons sentenced to detention for an offence or remanded to custody (or for the detention of a class of such persons)—

(a) young offender institutions,

(b) secure training centres, and

(c) secure colleges.

(2) In subsection (1), “ young person ” means a person who is aged under 18 or who was aged under 18 when convicted of the offence or remanded.

(3) Sections 1 to 42A and Schedule A1 (“ the prisons provisions ”) apply in relation to places listed in subsection (1) and to persons detained in them as they apply to prisons and prisoners, subject to subsections (4) to (7).

(4) The following provisions do not apply in relation to the following places—

(5) In their application in relation to secure colleges, the prisons provisions apply as if references to the governor and deputy governor were references to the principal and deputy principal.

(6) In their application in relation to places listed in subsection (1), the prisons provisions apply—

(a) as if references to imprisonment included references to detention in those places, and

(b) subject to any other modifications specified in rules made by the Secretary of State (but see subsection (7)).

(7) The following provisions, as they apply in relation to the following places, may not be modified by rules made under this section—

(8) Rules made under this section may—

(a) make different provision for different cases;

(b) contain transitional, transitory or saving provision.

(9) The references in this section to a young person sentenced to detention—

(a) include a person sentenced to a detention and training order or an order under section 211 of the Armed Forces Act 2006;

(b) do not include a person sentenced to service detention within the meaning of the Armed Forces Act 2006.

(10) Subsections (11) to (13) have effect in relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution).

(11) Subsection (2) of this section, as it applies for the purposes of the power under subsection (1) to provide young offender institutions, has effect as if for “18”, in each place, there were substituted “ 21 ” .

(12) The Secretary of State may from time to time direct that a woman aged 21 or over who is serving a sentence of imprisonment or who has been committed to prison for default is to be detained in a young offender institution.

(13) Nothing in this section prejudices the operation of section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt).

(2) In section 52 of the Prison Act 1952 (orders, rules and regulations), after subsection (2) insert—

(2ZA) A statutory instrument containing rules under section 43 is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Schedule 9 to this Act contains further amendments relating to secure colleges and other places for the detention of young offenders.

Section 39 Contracting out secure colleges

In Schedule 10—

(a) Part 1 makes provision about contracting out the provision and running of secure colleges,

(b) Part 2 makes provision about the certification of secure college custody officers,

(c) Part 3 makes provision about contracting out functions at directly managed secure colleges,

(d) Part 4 contains definitions, and

(e) Part 5 contains further amendments relating to contracted-out secure colleges.

Section 40 Powers of Youth Justice Board in relation to provision of accommodation

(1) Section 41(5)(i) of the Crime and Disorder Act 1998 (functions of the Youth Justice Board of entering into agreements for the provision of accommodation) is amended as follows.

(2) In sub-paragraph (ii)—

(a) after “2000” insert “ , section 226, 226B or 228 of the Criminal Justice Act 2003 ” , and

(b) for “or 218” substitute “ 218, 221, 221A or 222 ” .

(3) Omit sub-paragraphs (v) and (vi).

Section 41 Youth cautions and conditional cautions: involvement of appropriate adults

(1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 66ZA (youth cautions)—

(a) in subsection (2) (caution to be given in presence of appropriate adult), omit “given to a person under the age of 17”, and

(b) in subsection (3)(b) (certain matters to be explained to appropriate adult), omit “where that person is under the age of 17,”.

(3) In section 66B(5) (requirements for giving youth conditional cautions: explanation and warning to be given in presence of appropriate adult), omit “If the offender is aged 16 or under,”.

Section 42 Duties of custody officer after charge: arrested juveniles

In section 37(15) of the Police and Criminal Evidence Act 1984 (definitions for the purposes of provisions about detention in Part 4 of that Act), in the definition of “arrested juvenile”, for “under the age of 17” substitute “ under the age of 18 ” .

Section 43 Referral orders: alternatives to revocation for breach of youth offender contract

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Section 44 Referral orders: extension on further conviction

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Section 45 Referral orders: revocation on further conviction

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Section 46 Instituting proceedings by written charge

(1) Section 29 of the Criminal Justice Act 2003 (public prosecutor to institute proceedings by written charge) is amended as follows.

(2) In subsection (1), for “public prosecutor” substitute “ relevant prosecutor ” .

(3) For subsection (2) substitute—

(2) Where a relevant prosecutor issues a written charge, it must at the same time issue—

(a) a requisition, or

(b) a single justice procedure notice.

(2A) A requisition is a document which requires the person on whom it is served to appear before a magistrates' court to answer the written charge.

(2B) A single justice procedure notice is a document which requires the person on whom it is served to serve on the designated officer for a magistrates' court specified in the notice a written notification stating—

(a) whether the person desires to plead guilty or not guilty, and

(b) if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980.

(4) In subsection (3), for “The” substitute “ Where a relevant prosecutor issues a written charge and a requisition, the ” .

(5) After subsection (3) insert—

(3A) Where a relevant prosecutor issues a written charge and a single justice procedure notice, the written charge and notice must be served on the person concerned, and a copy of both must be served on the designated officer specified in the notice.

(3B) If a single justice procedure notice is served on a person, the relevant prosecutor must—

(a) at the same time serve on the person such documents as may be prescribed by Criminal Procedure Rules, and

(b) serve copies of those documents on the designated officer specified in the notice.

(6) After subsection (3B) insert—

(3C) The written notification required by a single justice procedure notice may be served by the legal representative of the person charged on the person's behalf.

(7) In subsection (4), for the words from the beginning to “public prosecutor” substitute “ A relevant prosecutor authorised to issue a requisition ” .

(8) In subsection (5), for “ “public prosecutor”” substitute “ “relevant prosecutor” ” .

(9) After subsection (5) insert—

(5A) An order under subsection (5)(h) specifying a person for the purposes of this section must also specify whether that person and a person authorised by that person to institute criminal proceedings—

(a) are authorised to issue written charges, requisitions and single justice procedure notices, or

(b) are authorised to issue only written charges and single justice procedure notices.

(10) A person who immediately before the commencement of this section is—

(a) a person specified in an order under section 29(5)(h) of the Criminal Justice Act 2003, or

(b) a person authorised by a person so specified to institute criminal proceedings,

is to be treated after the commencement of this section as authorised to issue requisitions and single justice procedure notices (subject to the order specifying that person being varied or revoked).

Section 47 Instituting proceedings: further provision

(1) Section 30 of the Criminal Justice Act 2003 (further provision about method of instituting proceedings in section 29) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “or requisitions” substitute “ , requisitions or single justice procedure notices ” , and

(b) in paragraph (b), for “or requisitions” substitute “ , requisitions or single justice procedure notices ” .

(3) In subsection (2)(b), after “further requisitions” insert “ or further single justice procedure notices ” .

(4) In subsection (5)—

(a) in paragraph (b), for “public prosecutor” substitute “ relevant prosecutor ” , and

(b) after paragraph (b) insert

, and

(c) any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a single justice procedure notice (or to a relevant prosecutor issuing a single justice procedure notice).

(5) After subsection (7) insert—

(7A) The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including—

(a) a reference to an enactment contained in an Act passed before or in the same Session as the Criminal Justice and Courts Act 2015, and

(b) a reference to an enactment contained in such an Act as a result of an amendment to that Act made by the Criminal Justice and Courts Act 2015 or by any other Act passed in the same Session as the Criminal Justice and Courts Act 2015.

(6) In subsection (8)—

(a) for “ “public prosecutor”,” substitute “ “relevant prosecutor”, ” , and

(b) after “ “requisition”” insert “ , “single justice procedure notice” ” .

Section 48 Trial by single justice on the papers

(1) The Magistrates' Courts Act 1980 is amended as follows.

(2) In section 11 (non-appearance of accused: general provisions)—

(a) in subsection (1), for “and (4)” substitute “ , (4) and (8) ” , and

(b) after subsection (7) insert—

(8) This section and sections 12 to 16 do not apply if and for so long as a written charge is to be tried by a magistrates' court in accordance with section 16A.

(3) After section 16 insert—

Trial by single justice on the papers

Trial by single justice on the papers

(16A)

(1) A magistrates' court may try a written charge in accordance with subsections (3) to (10) if—

(a) the offence charged is a summary offence not punishable with imprisonment,

(b) the accused had attained the age of 18 years when charged,

(c) the court is satisfied that—

(i) the documents specified in subsection (2) have been served on the accused, and

(ii) service of all of the documents was effected at the same time, and

(d) the accused has not served on the designated officer specified in the single justice procedure notice, within the period prescribed by Criminal Procedure Rules, a written notification stating either—

(i) a desire to plead not guilty, or

(ii) a desire not to be tried in accordance with this section.

(2) The documents mentioned in subsection (1)(c) are—

(a) a written charge and a single justice procedure notice (see section 29 of the Criminal Justice Act 2003), and

(b) such other documents as may be prescribed by Criminal Procedure Rules (see section 29(3B) of the Criminal Justice Act 2003).

(3) The court may not hear any oral evidence and may consider only the contents of the following—

(a) the documents specified in subsection (2),

(b) any document containing information to which subsection (4) applies, and

(c) any written submission that the accused makes with a view to mitigation of sentence.

(4) This subsection applies to information if—

(a) a notice describing the information was served on the accused at the same time as the documents specified in subsection (2), and

(b) a copy of the notice has been served on the designated officer specified in the single justice procedure notice.

(5) The court may disregard a written submission that is not served on the designated officer specified in the single justice procedure notice within the period prescribed by Criminal Procedure Rules.

(6) The court is not required to conduct any part of the proceedings in open court.

(7) The court may try the charge in the absence of the parties and, if a party appears, must proceed as if the party were absent.

(8) If the accused served on the designated officer specified in the notice a written notification stating a desire to plead guilty and to be tried in accordance with this section, the court may try the charge as if the accused had pleaded guilty.

(9) The court may not remand the accused.

(10) If the resumed trial is to be conducted in accordance with subsections (3) to (9), no notice is required of the resumption of the trial after an adjournment.

(11) A magistrates' court acting under this section may be composed of a single justice.

(12) Any magistrates' court may try a written charge in accordance with subsections (3) to (10), whether or not its designated officer is specified in the single justice procedure notice.

(13) Subsection (1) is subject to sections 16B and 16C.

Cases not tried in accordance with section 16A

(16B)

(1) If a magistrates' court decides, before the accused is convicted of the offence, that it is not appropriate to convict the accused in proceedings conducted in accordance with section 16A, the court may not try or continue to try the charge in that way.

(2) A magistrates' court may not try a written charge in accordance with section 16A if, at any time before the trial, the accused or the accused's legal representative on the accused's behalf gives notice to the designated officer specified in the single justice procedure notice that the accused does not desire to be tried in accordance with section 16A.

(3) If a magistrates' court may not try or continue to try a written charge in accordance with section 16A because the conditions in section 16A(1) are not satisfied or because of subsection (1) or (2), the magistrates' court dealing with the matter must—

(a) adjourn the trial, if it has begun, and

(b) issue a summons directed to the accused requiring the accused to appear before a magistrates' court for the trial of the written charge.

(4) A magistrates' court issuing a summons under subsection (3)(b) may be composed of a single justice.

Cases that cease to be tried in accordance with section 16A

(16C)

(1) If a magistrates' court decides, after the accused is convicted of the offence, that it is not appropriate to try the written charge in accordance with section 16A, the court may not continue to try the charge in that way.

(2) If a magistrates' court trying a written charge in accordance with section 16A proposes, after the accused is convicted of the offence, to order the accused to be disqualified under section 34 or 35 of the Road Traffic Offenders Act 1988—

(a) the court must give the accused the opportunity to make representations or further representations about the proposed disqualification, and

(b) if the accused indicates a wish to make such representations, the court may not continue to try the case in accordance with section 16A.

(3) If a magistrates' court may not continue to try a written charge in accordance with section 16A because of subsection (1) or (2), the magistrates' court must—

(a) adjourn the trial, and

(b) issue a summons directed to the accused requiring the accused to appear before a magistrates' court to be dealt with in respect of the offence.

Sections 16B and 16C: further provision

(16D)

(1) If a summons is issued under section 16B(3)(b) or 16C(3)(b), a reference in sections 11 to 13 to a summons issued under section 1 is to be read, for the purposes of subsequent proceedings as regards the matter, as if it included a reference to a summons issued under section 16B(3)(b) or 16C(3)(b) (as the case may be).

(2) If a summons has been issued under section 16B(3)(b) or 16C(3)(b), a justice of the peace may issue a summons directed to the accused requiring the accused to appear before a magistrates' court for the purpose specified in the earlier summons; and subsection (1) applies in relation to a summons under this section as it applies in relation to a summons under section 16B(3)(b) or 16C(3)(b).

(3) Where a summons has been issued under section 16B(3)(b) or 16C(3)(b), a magistrates' court that afterwards tries the written charge or deals with the accused for the offence must be—

(a) composed as described in section 121(1), or

(b) composed of a District Judge (Magistrates' Courts) sitting alone by virtue of section 26 of the Courts Act 2003.

(4) Where—

(a) the accused is convicted of an offence before a matter is adjourned under section 16C(3)(a), and

(b) the matter is tried after the adjournment by another magistrates' court,

that other magistrates' court is to be treated as if it were the court that convicted the accused for the purposes of section 142(2).

Accused not aware of single justice procedure notice

(16E)

(1) This section applies if—

(a) a single justice procedure notice has been issued, and

(b) the written charge is being tried, or has been tried, in accordance with section 16A.

(2) This section does not apply if the trial of the written charge has been adjourned under section 16B(3)(a) or 16C(3)(a).

(3) The proceedings subsequent to the single justice procedure notice are void if—

(a) the accused makes a statutory declaration that the accused did not know of the single justice procedure notice or the proceedings until a date that the accused specifies in the statutory declaration,

(b) that date is a date after a magistrates' court began to try the written charge,

(c) the declaration is served on the designated officer specified in the single justice procedure notice within 21 days of that date in such manner as Criminal Procedure Rules may prescribe, and

(d) at the same time as serving the declaration, the accused responds to the single justice procedure notice by serving a written notification on that designated officer.

(4) Subsection (3) does not affect the validity of a written charge or a single justice procedure notice.

(5) A magistrates' court may accept service of a statutory declaration required by subsection (3) after the period described in subsection (3)(c) if, on application by the accused, it appears to the court that it was not reasonable to expect the accused to serve that statutory declaration within that period.

(6) A magistrates' court that accepts a statutory declaration under subsection (5) is to be treated as accepting service of a written notification that is served at the same time.

(7) A statutory declaration accepted under subsection (5) and a written notification treated as accepted under subsection (6) are to be treated as having been served as required by subsection (3).

(8) If proceedings have become void under subsection (3), the reference in section 16A to the period within which a written notification must be served is to be read as referring to a period that ends on—

(a) the date on which a written notification is served under subsection (3)(d), or

(b) if a magistrates' court is treated as accepting service of a written notification by virtue of subsection (6), the date on which the written notification is so treated as accepted.

(9) If proceedings have become void under subsection (3), the written charge may not be tried again by any of the same justices.

(10) A magistrates' court carrying out functions under subsection (5) may be composed of a single justice.

Admissibility of statements

(16F)

(1) A statement contained in a document is admissible in proceedings conducted in accordance with section 16A as evidence of a matter stated if, in the particular case—

(a) the document is one in relation to which section 16A(1)(c) is satisfied, or

(b) section 16A(4) applies to the information in that document (as the case may be).

(2) Subsection (1) does not prevent a court taking into consideration the nature of the evidence placed before it when deciding whether it is appropriate to try the written charge in accordance with section 16A.

(3) In this section “ statement ” means any representation of fact or opinion.

Section 49 Trial by single justice on the papers: sentencing etc

In section 121 of the Magistrates' Courts Act 1980 (constitution etc of a magistrates' court), after subsection (5) insert—

(5A) A magistrates' court that is trying a summary offence in accordance with section 16A is restricted to the following in dealing with the accused for the offence—

(a) imposing a fine;

(b) imposing a penalty under section 102(3)(aa) of the Customs and Excise Management Act 1979 or section 29, 35A or 37 of the Vehicle Excise and Registration Act 1994 (penalties imposed for certain offences in relation to vehicle excise licences);

(c) ordering an amount to be paid under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);

(d) making an order under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders);

(e) ordering payment of a surcharge under section 161A of the Criminal Justice Act 2003 (victim surcharge);

(f) making an order as to costs to be paid by the accused to the prosecutor under section 18 of the Prosecution of Offences Act 1985;

(g) making an order as to costs to be paid by the accused by virtue of section 19 of the Prosecution of Offences Act 1985;

(h) ordering payment of a charge under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);

(i) making an order under section 30A of the Road Traffic Offenders Act 1988 (order to disregard penalty points if approved course attended);

(j) making an order under section 34 or 35 of the Road Traffic Offenders Act 1988 (disqualification from driving);

(k) making an order under section 44 of the Road Traffic Offenders Act 1988 (endorsement of a driving record);

(l) making an application to the Secretary of State by virtue of section 24(1)(a) of the Criminal Justice Act 1991 (benefit deductions);

(m) making an attachment of earnings order under Part 3 of Schedule 5 to the Courts Act 2003;

(n) making an application for benefits deductions to the Secretary of State under Part 3 of Schedule 5 to the Courts Act 2003;

(o) making a collection order under Part 4 of Schedule 5 to the Courts Act 2003;

(p) discharging the accused absolutely or conditionally.

(5B) The limit in subsection (5) does not apply to fines imposed as described in subsection (5A).

Section 50 Further amendments

Schedule 11 contains further amendments relating to the provision made by sections 46 to 49.