The Criminal Justice and Public Order Act 1994: A Basic Guide for Practitioners 071464210X, 9780714642109, 9780203989111

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The Criminal Justice and Public Order Act 1994: A Basic Guide for Practitioners

The Criminal Justice and Public Order Act 1994: A Basic Guide for Practitioners Leonard Jason-Lloyd Lecturer in Law, University of Derby and visiting Lecturer in Law at the Midlands Centre for Criminology and Criminal Justice, Loughborough University and the Centre for the Study of Public Order at the University of Leicester

FRANK CASS LONDON

Published in 1996 in Great Britain by FRANK CASS & CO. LTD. Newbury House, 900 Eastern Avenue London IG2 7HH This edition published in the Taylor & Francis e-Library, 2005. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk. and in the United States of America by FRANK CASS c/o ISBS, 5804 N.E.Hassalo Street Portland, Oregon 97213–3644 Copyright © Leonard Jason-Lloyd 1996 British Library Cataloguing in Publication Data Jason-Lloyd, Leonard Criminal Justice and Public Order Act 1994: Basic Guide for Practitioners I. Title 344.2055 ISBN 0-203-98911-2 Master e-book ISBN

ISBN 0-7146-4210-X (Print Edition) Library of Congress Cataloging-in-Publication Data Jason-Lloyd, Leonard, 1945– The Criminal Justice and Public Order Act 1994: a basic guide for practitioners/Leonard Jason-Lloyd. p. cm. Includes bibliographical references. ISBN 0-7146-4210-X 1. Criminal justice, Administration of—Great Britain. 2. Police regulations—Great Britain. I. Title. KD7876.J37 1996 345.41′05–dc20 [344.1055] 95–23706 CIP All rights reserved. No part of this publication may be reproduced in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of Frank Cass & Co. Ltd.

I dedicate this book to Usha

Contents

1: 2: 3: 4: 5: 6: 7: 8: 9: 10:

Appendix 1: Appendix 2: Appendix 3: Appendix 4:

Acknowledgements Introduction

ix xi

Young Offenders Bail The Courts Police Jurisdiction Public Order Police Powers Sexual Offences and Pornography Evidence Prisons, the Prison Service and Related Matters Miscellaneous Provisions

1 8 11 18 20 29 34 38 40 43

Bibliography 46 Figures Representing Aspects of the Act 47 Criminal Justice and Public Order Act 1994 (selected extracts) 66 National Standards for the Supervision of Offenders in the Community 130 (Home Office, March 1995) (Extracts) Police and Criminal Evidence Act 1984: Home Office Codes of 146 Practice (Effective 10 April 1995) (Extracts)

Acknowledgements The Police and Criminal Evidence Act 1984—Codes of Practice and the National Standards for the Supervision of Offenders in the Community, 1995 are Crown copyright and have been reproduced with the permission of the Controller of Her Majesty’s Stationery Office. I wish to thank the Controller of Her Majesty’s Stationery Office for kind permission to reproduce part of the text of the Criminal Justice and Public Order Act 1994 and the diagrams depicting the Transfer for Trial arrangements as at August 1995 (Figures 16–19 in Appendix 1), also under Crown copyright. I wish to thank the Chief Constable of the Leicestershire Constabulary for his kind permission to reproduce the diagrams in Appendix 1 from the publication Criminal Justice and Public Order Act 1994—Practitioner’s Guide. Finally, I gratefully acknowledge the kind permission of Barry Rose Publications to reproduce my article from The Justice of the Peace and Local Government Law in Chapter 1. Leonard Jason-Lloyd

Introduction The general background and controversy surrounding the Criminal Justice and Public Order Act 1994 is well known. Whatever one perceives this statute to be, it is without doubt an extremely wide-ranging piece of legislation which demands considerable breadth of knowledge in many legal disciplines to understand its full implications. This guide is designed to supplement the existing range of publications on this subject. These are mentioned in the bibliography. Its principal intended use is for busy legal practitioners and all other professionals who are involved in the criminal justice system and who require quick reference to the major provisions of the 1994 Act. In keeping with the general style of the commentary, the materials included at the back of this book have been reproduced in abbreviated form rather than in their full context. Therefore the relevant extracts from the 1994 Act, the Home Office National Standards for the Supervision of Offenders in the Community, and the police Codes of Practice, generally include those provisions most likely to be used. Some materials have also been excluded where they have been substantially covered under the commentary.

CHAPTER 1 Young Offenders Secure Training Orders Under s. 1, the Youth or Crown Court may make a secure training order against a young offender whether male or female where the offender is not less than 12 years of age but under 15 years (in other words, 12-to-14 year-olds inclusive). He must be convicted of an imprisonable offence committed when he was not less than 12 years, and must have been convicted of at least three imprisonable offences, and has been in breach of a supervision order, either on this, or a previous, occasion, or has been convicted of an imprisonable offence committed whilst under a supervision order. If the court is satisfied that these conditions have been met, then it must openly state its opinion prior to imposing a secure training order. According to subs. (6), secure training orders are regarded as custodial sentences for the purposes of ss. 1 to 4 of the Criminal Justice Act 1991. This means that the procedures applicable to imposing custody under the 1991 Act will also apply to the new secure training orders, namely, consideration of the seriousness of the offence or public protection, and taking into account aggravating and mitigating factors and, where appropriate, the consideration of pre-sentence reports. It would appear that such measures may prevent secure training orders being imposed where the instant offence, although imprisonable, is very trivial by nature. One example would be theft involving goods of very small value. A secure training order in its entirety may not be less than six months or more than two years and will be split into two equal parts. The first half will be spent under detention in a secure training centre, the second half will be spent under supervision in the community. Section 2 makes a number of supplementary provisions regarding detention in respect of secure training orders. Where accommodation for the offender is not immediately available at a secure training centre, the court may commit the offender to a place, and under such conditions, as directed by the Home Secretary, or by arrangement between the Home Secretary and another person. Such persons will be either local authorities, voluntary organisations or persons carrying on a registered childrens’ home. The maximum periods applicable to such arrangements shall not exceed 28 days, or until the offender’s transfer to a secure training centre, if earlier. Any time spent by the offender in such a place will be deducted from the detention period in a secure training centre. Subsection (4), however, states that, ‘where the circumstances of the case require’, the offender may be transferred by the Home Secretary from a secure training centre to another place and under such conditions as he may direct or through another person, namely local authorities, registered childrens’ homes, or voluntary organisations. Although no time limit is stipulated, any period spent in such a place will also be

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deducted from the detention period in a secure training centre. Subsection (6) enables the Home Secretary to release offenders from secure training centres on compassionate grounds, although the remainder of their term will be spent under supervision. Section 3 covers the supervision of offenders under secure training orders once they have been released from detention. This will normally be at the half-way stage of the total order. Basically, this section provides that offenders will be under the supervision of either probation officers or local authority social workers or other such persons as may be designated by the Home Secretary. Subsection (3) provides that the Home Secretary will determine from time to time the categories of persons to supervise offenders. Provision is made under ss. (9) (10) and (11) for the Home Secretary to make rules regulating the supervision of offenders by means of statutory instrument. Section 4 deals with the breaching of the requirements of supervision in respect of offenders subject to secure training orders. If an offender fails to comply with the requirements under s. 3(7)(b), namely, failure to fulfil any requirements given in a notice by the Home Secretary on release from detention, magistrates may either issue a summons or a warrant for his arrest. The penalties for such breaches are either: (1) Return to a secure training centre for up to three months, or the remainder unspent of the total period of the secure training order, whichever is the shorter; or (2) A fine not exceeding Level 3 on the standard scale (currently £1,000). In the event of accommodation in a secure training centre not being immediately available, the same provisions as mentioned above under s. 2 will apply. Sections 5 and 6 amend ss. 43 and 47 of the Prison Act 1952, respectively, by incorporating the provision of secure training centres and their management. The latter includes the provision of rules for the inspection of secure training centres and the appointment of independent persons to act as visitors through whom complaints from inmates may be directed. Section 7 provides that the Home Secretary may contract out all or part of the running or provision of any secure training centre subject to rules made by him. Section 8 covers the management and general running of the secure training centres and states that they will be under the joint control of a director and a monitor. The director shall be a custody officer appointed by the contractor, subject to the approval of the Home Secretary, and the monitor shall be a Crown servant appointed by the Home Secretary. It seems that the overall management of these new establishments will be basically similar to that of the privatised remand centres and prisons, such as Wolds and Blakenhurst. The director will be responsible for the day-to-day running of the secure training centre, whereas the monitor (called the ‘controller’ in contracted-out prisons), will be responsible for reviewing and reporting to the Home Secretary on the running of the centre, and investigating and reporting any allegations made by inmates against those performing general custodial duties. The latter are to be known as ‘custody officers’ in contrast to the term ‘prisoner custody officers’ used in the Criminal Justice Act 1991 to describe those working in the privatised prisoner escort service and contracted-out penal establishments.

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Section 9 begins by defining the powers and duties of custody officers employed in contracted-out secure training centres. Their powers and duties are as follows: ‘(a) to search in accordance with secure training centre rules any offender who is detained in the secure training centres; and (b) to search any other person who is in or is seeking to enter the secure training centre, and any article in the possession of such a person.’ Note, that this power only authorises the search of an outer coat, headgear, jacket or gloves but no other clothing. Section 9 then defines the duties of custody officers to inmates at the new centres which are: ‘(a) to prevent their escape from lawful custody; (b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts; (c) to ensure good order and discipline on their part; and (d) to attend to their wellbeing.’ Reasonable force, where necessary, may be used in the exercise of all the powers and duties exercisable under s. 9. Section 10 covers the intervention by the Home Secretary in the management of the privatised secure training centres in the event of loss of control. Should it appear that the director has lost or is likely to lose control of a centre or any part of it, the following course of action may be adopted if it is in the interests of personal safety and the prevention of serious damage to property: (1) The Home Secretary may temporarily appoint a Crown servant to act as governor of the centre, thereby fulfilling the role of both director and monitor. (2) During that time, the contractor(s) shall take all reasonable steps to assist the governor. (3) The officers at the centre shall comply with any directions by the governor. When the Home Secretary is satisfied that order has been restored by the governor and that he is no longer required, he may terminate his appointment accordingly. Section 11, inter alia, brings into focus the fact that possibly not all secure training centres will be contracted out (certainly not initially). It does this by referring to ‘directly managed’ secure training centres. Under s. 11, however, the Home Secretary may still contract out the general running of directly managed centres to custody officers who will have the same powers and duties covered under s. 9 above. Section 12 gives effect to schs. 1 and 2 to the Criminal Justice and Public Order Act 1994 with regard to the provision of escort arrangements for offenders detained at secure training centres, and the certification of custody officers, respectively. Section 12 defines a custody officer as a person in possession of a certificate approved by the Home Secretary certifying that he is authorised to perform escort and/or custodial duties. Schedule 1 The provisions under sch. 1 are concerned with escort arrangements in respect of those

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detained in secure training centres. The Home Secretary may make arrangements for any of the following to be performed by authorised custody officers: (a) the delivery of offenders from one court, secure training centre, police station or hospital to another; (b) the custody of offenders held in any court (whether or not they would otherwise be in the custody of the court), and their production before the court; (c) the custody of offenders temporarily held in a secure training centre whilst in transit between other centres; (d) the custody of offenders temporarily away from secure training centres. The second part of sch. 1 covers the monitoring of escort arrangements. These include the appointment of a Crown servant to function as an escort monitor responsible for keeping the above arrangements under review and reporting them to the Home Secretary. It will also be his duty to investigate and report to the Home Secretary any allegations made against custody officers engaged in escort arrangements. Also, a panel of lay observers shall be appointed to inspect the conditions under which offenders are both transported and held. In addition, they shall make recommendations to the Home Secretary regarding such conditions. The third part of sch. 1 defines the powers and duties of custody officers who are engaged in escort arrangements. The powers of such officers are as follows: ‘(a) to search in accordance with rules made by (the Home Secretary) any offender for whose delivery or custody he is responsible in pursuance of the arrangements; and (b) to search any other person who is in or is seeking to enter any place where such an offender is or is to be held, and any article in the possession of such a person.’ Note, that this power does not authorize the removal of any clothing, except an outer coat, headgear, jacket or gloves. The duties of custody officers engaged in the delivery or custody of offenders in pursuance of escort arrangements are as follows: ‘(a) to prevent their escape from lawful custody; (b) to prevent or detect and report on, the commission or attempted commission by them of other unlawful acts; (c) to ensure good order and discipline on their part; (d) to attend to their wellbeing; and (e) to give effect to any directions as to their treatment which are given by a court.’ Reasonable force where necessary may be used in the exercise of any of the powers and duties mentioned above. With regard to (d) above (the wellbeing of offenders), the Home Secretary may make rules in respect of the performance of this duty. Also, note reference to the making of rules in (a) above under the powers of custody officers. In both cases, there is provision to make such rules by statutory instrument.

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Schedule 2 Schedule 2 covers the certification of custody officers in England and Wales. The first part provides definitions of key terms which will be incorporated into this commentary. The second part states that certificates approving an individual to perform escort functions and/or custodial duties in relation to secure training orders, will only be given if that person is fit and proper to perform such functions and has been trained to the appropriate standard. In the event of a custody officer being deemed not to be a fit and proper person to perform either or both functions, the matter may be referred to the Home Secretary for consideration to revoke the certificate. In the meantime, he may suspend the custody officer pending that decision, in accordance with regulations made by him. These regulations shall be made by statutory instrument. Schedule 2 ends by making it an offence for any person to knowingly or recklessly make a false statement for the purpose of obtaining a certificate for himself or another. The maximum penalty for this offence will be a fine not exceeding Level 4 on the standard scale (currently £2,500). Section 13 of the 1994 Act makes provision for the protection of all forms of custody officer whether performing escort duties, custodial duties at privatised secure training centres, or custodial duties at directly managed centres. The maximum penalty for assault on any such officer shall be punishable on summary conviction by six months’ imprisonment and/or a fine not exceeding Level 5 on the standard scale (currently £5,000). The maximum penalty on summary conviction for resisting or wilfully obstructing a custody officer shall be a fine not exceeding Level 3 on the standard scale (currently £1,000). The final part of s. 13 states that, for the above purposes, a custody officer engaged in escort duties must be identifiable as such by virtue of a uniform or badge. Section 14 creates the offence of unauthorised disclosure of information gained during employment relating to offenders detained at secure training centres. Any employee or former employee engaged in escort duties, or at a privatised secure training centre, or performing contracted-out duties within a directly managed centre who commits this offence will be liable to the following maximum penalties: on summary conviction, six months’ imprisonment and/or a fine not exceeding the statutory maximum; if tried on indictment, two years’ imprisonment and/or a fine. Section 15 concludes the secure training provisions under Part I by defining key terms which have been largely explained in the preceding commentary. However, before departing from this aspect of the 1994 Act, the reader may find it useful to examine ss. 80 to 92, inclusive, of the Criminal Justice Act 1991. These provisions are on a parity with those contained within ss. 1 to 15 of the 1994 Act. According to the Home Office, the new secure training orders will take effect as soon as the centres are available. This, in turn, will depend upon the speed with which contracts are awarded and the subsequent completion of work on the establishment of these centres. Custodial Sentences for Young Offenders Section 16 makes a number of changes to s. 53 of the Children and Young Persons Act

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1933 (punishment of certain grave crimes). Section 16(2) of the 1994 Act adds to s. 53(1) of the 1933 Act, the provision that detention during Her Majesty’s Pleasure may take place under such conditions, either as the Home Secretary may direct, or as he may arrange with ‘any person’. Section 16(3) of the 1994 Act amends s. 53(2) of the 1933 Act by stating that persons at least 10 years of age but under 18 can be punished for the following grave crimes: any offence where an adult could be sentenced to 14 years’ imprisonment or more (but not including murder or any other offence where the sentence is fixed by law), or an offence under s. 14 of the Sexual Offences Act 1956 (indecent assault on a woman). It goes on to include the following offences when committed by young persons (14 to 17 year-olds inclusive): an offence under s. 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or an offence under s. 3A of the Road Traffic Act 1988 (causing death by careless driving while under the influence of drink or drugs). Section 17 amends s. 1B of the Criminal Justice Act 1982 by increasing the sentencing powers of the Crown Court in respect of 15, 16 and 17 year-olds who are sentenced to be detained in a young offender institution. The former maximum was 12 months which has been doubled to two years (unless the offender is subject to the provisions regarding ‘grave offences’). This effectively brings the sentencing powers of the Crown Court with regard to detention in a young offender institution in line with the maximum term that can be imposed in respect of secure training orders. But, in reality, they will only be imposing a maximum of a year’s custody since both categories of offenders will be entitled to early release at the half-way stage of their sentence. Section 18 amends s. 1C of the Criminal Justice Act 1982 by providing that young adults (aged 18 to 20 years, inclusive) who are given a life sentence, must be detained in a young offender institution, unless the Home Secretary makes a direction to the contrary. Section 19 amends the Children and Young Persons Act 1969, the Children Act 1989 and the Criminal Justic Act 1991, by enabling the voluntary and private sectors, and not just local authorities, to provide secure accommodation. Existing secure accommodation currently managed by local authorities may be contracted out to the voluntary and private sector under the provisions of s. 22 which amend the Children Act 1989. Under s. 60(1) of the Criminal Justice Act 1991, provision was made regarding the remand to secure local authority accommodation of offenders aged at least 15 years, who have either been charged or convicted of a violent or sexual offence, or an offence punishable by imprisonment for 14 years or more if committed by an adult; or have a recent history of absconding while remanded in local authority accommodation and have been charged or convicted of an imprisonable offence committed while so remanded. In either case, the court may impose a security requirement if it is of the opinion that it is necessary to protect the public from serious harm from them. This provision has not yet been put into effect; however, s. 20 of the 1994 Act has extended this power to also include 12-to-14-year-olds. It is intended that these provisions will be phased-in on the basis of 15-year-olds and above being accommodated first, followed by 14-year-olds down to 12-year-olds in succession. Section 21 of the 1994 Act adds a new s. 61A to the

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Criminal Justice Act 1991 by enabling the Home Secretary, in whole or in part, to defray the costs incurred by local authorities in complying with their duty to provide secure accommodation. Section 23 of the 1994 Act inserts a new s. 23A into the Children and Young Persons Act 1969 and empowers the police to arrest children or young persons who breach any condition of their remand to local authority accommodation. Following arrest under this power, the child or young person will be brought before the court for consideration of its remand decision. Section 24 amends s. 38(6) of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), by reducing from 15 to 12 years, the age at which a juvenile may be detained in police custody following a charge. This will be contingent upon the following conditions: (1) Where the conditions for remanding adults in police custody have been met (note that s. 28 of the 1994 Act has added the new power to detain where the custody officer has reasonable grounds for believing that a person charged with an imprisonable offence may commit a further offence); and (2) It is either impracticable to transfer the child or young person to local authority accommodation; or (3) If the arrested person is at least 12 years of age, and that secure accommodation is not available and that other local authority accommodation would be inadequate to protect the public from serious harm from him.

CHAPTER 2 Bail In recent years there has been much concern by both the public and the police regarding what are commonly known as ‘bail bandits’, namely those who commit offences whilst on bail. The first step towards alleviating this problem was taken through the medium of s. 66 of the Criminal Justice Act 1993 which compelled the courts to take into account any offences committed on bail when sentencing the offender. Section 66 thus created a new ‘aggravating factor’ which adds to the seriousness of an offence for sentencing purposes. This was followed by the Bail (Amendment) Act 1993 which came into force on 27th June 1994. Among other things, this gave the prosecution the right to appeal to a Crown Court judge against a decision by magistrates to grant bail in respect of defendants charged with, or convicted of, an offence punishable by five years’ imprisonment or more, or an offence under s. 12 or s. 12A of the Theft Act 1968, namely car theft and aggravated car theft (‘joy riding’). Such appeals may only be made if the prosecution have already argued before magistrates that bail should not be granted. The 1994 Act has now introduced further measures which amend the law on bail as follows. No Bail for Defendants Charged with or Convicted of Homicide or Rape if Previously Convicted of Such Offences Section 25(1) and (2) of the 1994 Act states that if anyone awaiting either trial or sentence on a charge of murder, attempted murder, manslaughter, rape or attempted rape who already has a conviction for one of these offences (or for the offence of culpable homicide which is broadly equivalent to manslaughter in Scotland), that person shall not be granted bail. However, this is provided that any previous conviction for manslaughter (or culpable homicide) resulted in a custodial sentence being given whether as an adult or a young offender. According to Wasik and Taylor (1995) these changes are not as sweeping as they would appear at first sight. This is because the Bail Act 1976 provides that persons charged with or convicted of any imprisonable offence can still be denied bail if the court is satisfied that the defendant will either abscond (‘jump bail’), offend whilst on bail, interfere with witnesses or generally obstruct the course of justice, or it is necessary for their own protection. Offences Committed on Bail As mentioned above, s. 66 of the Criminal Justice Act 1993 compels the courts to regard any offences committed on bail as an ‘aggravating factor’ when considering sentence. Section 26 of the 1994 Act goes further and provides that if any person appearing in court charged with a triable either way or indictable-only offence appears to have committed

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that offence whilst on bail, the court will not be obliged to make the ‘normal presumption in favour of granting bail’. This provision does not apply where summary only offences are involved. Again, this is not regarded as a particularly sweeping change in the existing law (Wasik and Taylor, 1995), since para. 2 of Part I of sch. 1 to the Bail Act 1976 says that the obligation to grant bail can be waived if the court believes that the defendant will offend if granted bail. Paragaraph 9 also provides that the courts can consider the behaviour of the defendant when given bail previously. In essence, s. 26 of the 1994 Act provides magistrates with an additional ground to refuse bail although this still may not be done automatically when one or more offences are committed on bail. There is still the obligation to weigh up other factors such as the seriousness of the offence, the defendant’s antecedents, community ties, and the weight of evidence against him or her. Section 26, however, can thus be viewed as a means to make it a little easier to deny bail in appropriate cases. Conditional Police Bail Section 27 of the 1994 Act gives the police the power to impose conditional bail whereas previously they could only require a surety. Section 27 now enables custody officers at police stations to impose conditions on persons charged with criminal offences but only to ensure that they surrender to custody at a later date, do not offend whilst on bail, do not interfere with witnesses or generally obstruct the course of justice. Previously, only the courts could impose conditions of bail but now there is a parity between their powers and those of the police in this respect. Conditions commonly attached to bail by the courts include the requirement to notify any change of address to the police, reporting at specified intervals to the local police station, the imposition of a curfew (not to be confused with ‘curfew orders’ given as a sentence), the condition not to approach certain people or go to certain places, the surrender of passports to the police, or the requirement to reside at a certain place which may be a bail hostel. It is important to note that the latter is one condition that the police may not impose since it is still only the courts that can require a person to reside at a bail hostel. A person given conditional police bail may ask the custody officer to vary the conditions. This request may be directed to another custody officer but at the same police station. However, under the 1994 Act the custody officer also has the power to vary the conditions so as to make them more restrictive. Custody officers granting conditional police bail or varying such conditions must enter their reasons in the custody record and inform the person charged. Paragraph 3 of sch. 3 to the 1994 Act enables persons given conditional police bail to appeal to the magistrates’ court in order to have the conditions varied although the court also has the power to make the conditions more restrictive on the defendant’s liberty and can even withhold bail completely. These measures are designed to deter potential abusers of the new system without working against genuine cases. The introduction of conditional police bail is designed to achieve two main objectives: first, to avoid unnecessary appearances in court by the defendant in order to apply for bail, and secondly to enable the police to grant bail where otherwise they would have to

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keep the suspect in custody. Police Bail after Charge Section 28 of the 1994 Act amends s. 38 of the Police and Criminal Evidence Act 1984 where the custody officer has to decide whether to remand a suspect after being charged in police custody or release them on bail or without bail. (These rules do not apply where an arrest has been made under a warrant which stipulates whether bail may or may not be granted.) Under the new rules, bail may not be given if the following conditions exist: (1) If the name and address given by the person charged cannot be verified or believed. (2) If the custody officer has reasonable grounds for believing that the arrested person will abscond (‘jump bail’). (3) In the case of a person arrested for an imprisonable offence, where the custody officer has reasonable grounds for believing that the detention of the person is necessary to prevent further offences being committed by him. (4) In the case of a person arrested for a non-imprisonable offence where the custody officer has reasonable grounds for believing that police detention is necessary to prevent him from causing physical injury to another or causing loss or damage to property. (5) Where the custody officer has reasonable grounds for believing that it is necessary to detain an arrested person to prevent interference with the administration of justice or the investigation of offences. (6) The custody officer has reasonable grounds for believing that police detention is necessary for the safety of the arrested person. Notwithstanding the relatively minor changes, these new measures are designed to bring the grounds for the refusal of police bail more into line with the courts’ criteria for also refusing bail. Power of Arrest for Breach of Police Bail Section 29 of the 1994 Act resolves an unclear area of law in respect of police powers of arrest where a person has failed to attend the police station at the appointed date. Previously the police could do this without warrant on the grounds of new evidence coming to light in the meantime or by rearresting the person for the offence for which bail was originally granted. Section 29 now clearly confers a power of arrest on the police when a person fails to surrender to police bail by stating that it is an arrest for the offence for which bail was granted and subsequently breached.

CHAPTER 3 The Courts Reconsideration of Decision to Grant Bail by Magistrates’ Courts Section 30 of the 1994 Act enables the prosecution to ask magistrates’ courts to reconsider a decision to grant bail for a non-summary offence provided fresh information is available. If the court so decides, it may either remand the defendant in custody, impose conditional bail where it previously granted unconditional bail, or vary any existing bail conditions already imposed. Section 30 goes on to provide that defendants can make representations against any such decisions which the magistrates must consider. Juries Section 40 of the 1994 Act disqualifies anyone from jury service in the Crown Court who is on police bail or bail from the courts. Section 41 empowers trial judges to exclude persons who are physically unfit for jury service. Normally such persons can be excused at the trial judge’s discretion but problems can arise where a physically disabled person insists upon sitting as a juror when they are unfit to perform such a duty. This will cover such instances as a deaf person being unable to follow proceedings in the court. This provision applies only to the physically disabled—those who are mentally unfit to serve on a jury are classed as ‘ineligible’. Section 42 of the 1994 Act adds members of certain religious bodies to those ‘excused as of right’ in respect of jury service. For a number of years others falling under this category include medical practitioners, nurses, dentists, fire-fighters and others whose work provides them with an automatic exemption from jury service by virtue of their special work in the community. However, s. 42 only extends to practising members of religious societies whose beliefs are not compatible with jury service. Section 43 makes an important change in the law regarding the separation of juries when considering their verdict. Prior to the 1994 Act, juries were not allowed to separate once they retired to consider their verdict unless under exceptional circumstances and with the leave of the court. Now, subject to the court’s discretion, jurors may separate after they retire to consider their verdict there-by obviating the need for overnight stays in hotel accommodation in certain cases. Section 51 of the 1994 Act has been included here although it is not solely directed to jurors but also to witnesses in criminal proceedings. The reasons for these provisions are self-evident. For many years there has been rising concern over the practice of ‘jury nobbling’ together with other forms of intimidation where key persons in the criminal justice process have been affected. These provisions address themselves not only to events before the trial but also to events after the case has been completed such as revenge attacks.

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Two offences are created by s. 51. First, ss. (1) provides that it will be an offence where a person does the following to another where he knows or believes that the other person is assisting in a criminal investigation, or is a witness or likely to be one, or is serving on a jury or is likely to be a juror: (1) Performs an act which intimidates that person which is intended to do so. (2) Does the above with the intention of perverting, obstructing or interfering with the criminal investigation or the course of justice. Secondly, under ss. (2) it will be an offence where intentional harm or threatened harm is done by a person to another knowing or believing either that the person or someone else has assisted in a criminal investigation, or has given evidence, or has acted as a juror. Although no specific time limit has been set under these provisions, a general 12-month period has been provided but only with regard to the presumption of the required motive of revenge. The maximum penalties on conviction for any offence under s. 51 are five years’ imprisonment, and/or a fine when tried on indictment, or six months’ imprisonment and/or a fine not exceeding £5,000 when tried summarily. Taking Account of Guilty Pleas Section 48(1) of the 1994 Act provides that if a guilty plea has been put forward the following shall be taken into account before the court determines sentence: (1) The stage at which a guilty plea was indicated. (2) The circumstances in which this indication was given. Section 48(2) then provides that if the court imposes a sentence which is less severe as a result, it shall state in open court that it has done so. In practice any sentence discount for a guilty plea will operate on a sliding scale. The most generous deductions will usually be available where the defendant indicates a guilty plea at a very early stage in the criminal justice process. However, this will not usually apply where a defendant has been caught in circumstances where they will have little or no defence and have virtually no alternative to pleading guilty. A fairly generous discount may be available to defendants who entered a guilty plea sufficiently early to avoid full preparation for the trial, and a much smaller discount would be applicable to defendants who enter a guilty plea on the day of the trial since some resources may still be saved. Early guilty pleas, where appropriate, have always been encouraged since this saves valuable court time and public money. Much inconvenience is also spared when witnesses do not have to attend court and certain witnesses are relieved of the misery of giving evidence where particularly traumatic cases are involved. A timely guilty plea can result in further mitigation since this is regarded as an indication of remorse for sentencing purposes. The concept of a sentence discount under these circumstances is not new in English law. The Magistrates’ Association Sentencing Guidelines (1993) clearly state that a third discount may be given on a timely guilty plea, also this practice has existed in case law for many years. However, the Court of Appeal has usually applied this principle purely to reduce the length of a custodial sentence and not necessarily to

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reduce what would have been a custodial sentence to a community sentence for instance. This wider scope may be achieved now that this practice has been placed on a statutory footing. Curfew Orders Curfew orders as a new community sentence, reinforced where necessary with electronic monitoring, were first introduced by ss. 12 and 13 of the Criminal Justice Act 1991. However, these measures were not put into effect and have since been modified by para. 41 of sch. 9 to the 1994 Act which provides that these orders may be introduced in a piecemeal fashion on an area by area basis. This will be contingent on electronic monitoring facilities being available in those areas which seem to be destined to be run by the private sector. There are plans to introduce this scheme around Spring of 1995 into three areas—namely Manchester, Reading and Norfolk. The Abolition of Committal Proceedings By s. 44 of the 1994 Act, the function of magistrates as examining justices is abolished thereby abolishing committal proceedings but substituting a new procedure called ‘transfer for trial’. This is not an entirely new concept since serious fraud cases under the Criminal Justice Act 1987, child abuse cases under the Criminal Justice Act 1991 and until recently, offences under the War Crimes Act 1991, could operate under a ‘notice of transfer’ which also by-passes committal proceedings. Under the new provisions, where persons are charged with indictable only, or triable either way offences which are destined to be tried before the Crown Court, the magistrates’ court and the prosecution must proceed with the view to transferring the case to the Crown Court for trial unless a ‘notice of transfer’ has been served. (However, there is nothing to prevent the prosecution from withdrawing the case at this stage where appropriate.) The prosecution are required to serve on the court and the defendant a ‘notice of the prosecution case’ containing the charge(s) and all the documents which contain the evidence. This can be challenged in writing by the defence who can make ‘an application for dismissal’ which should be sent to the court, the prosecution, and any other accused. This, in turn, may be opposed by the prosecution. If the accused is not legally represented, he or she may make oral representations. But if the accused is legally represented and the case is particularly complex, oral representations may be made on their behalf provided the ‘application for dismissal’ contains a request to do so. Where oral representations are made either by the accused personally or their legal representative, the prosecution may make an oral response. Having considered the evidence and representations, the court can dismiss the charge if it considers there is insufficient evidence to justify a Crown Court trial. Also, the defence can move that there is no case to answer before the Crown Court trial. These new provisions effectively obviate the need for witnesses to attend committal proceedings as used to be the case with ‘full’ or ‘old-style committals’. Also there is likely to be far less advocacy in this new transfer procedure which is more administrative by nature and this may involve just one magistrate sitting alone. (Refer to Appendix 1, Figures 16–19.)

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Mode of Trial for Ordinary Criminal Damage and Aggravated Vehicle Taking Although ordinary criminal damage is triable either way, prior to the 1994 Act if the value of the property damaged or destroyed was £2,000 or less, the case had to be tried summarily. Section 46 of the 1994 Act now increases this threshold to £5,000 or less. Aggravated vehicle taking is also triable either way unless the circumstances of the case involved damage only of less than £2,000 in which case it was triable summarily. Section 46 also raises this threshold to £5,000. Circuit Judges in the Court of Appeal (Criminal Division) Section 52 of the 1994 Act enables the Lord Chancellor to appoint suitable circuit judges to sit as judges in the Court of Appeal (Criminal Division) for appropriate cases. This will not, however, apply to appeals arising from the decisions of High Court judges. New Definition of Sexual Offence Paragraph 45 of sch. 9 to the 1994 Act replaces the earlier definition of sexual offences under s. 31(1) of the Criminal Justice Act 1991 and includes the following: burglary with intent to rape, unlawful sexual intercourse, buggery or gross indecency with a mental patient by a person in authority, and all the inchoate offences applicable to the substantive offences now under para. 45 of sch. 9 namely incitement, conspiracy and attempt to commit any of these. Binding-Over Parents/Guardians Under para. 50 of sch. 9 to the 1994 Act, the courts may include the requirement that a parent/guardian of an offender under 16 years old ensures that he or she complies with a community order on a recognisance of up to £1,000. This augments a similar provision under s. 58 of the Criminal Justice Act 1991 where the courts have a duty to bind over parents/guardians of under 16 year-old offenders to prevent their reoffending. Changes to Certain Maximum Penalties Section 157 and sch. 8 of the 1994 Act increase the maximum penalties for a number of offences which are summarised as follows: Increases under the Misuse of Drugs Act 1971 The maximum fine for the possession of Class B controlled drugs on summary conviction has been increased from £500 to £2,500. Although this is mainly directed towards controlling the possession of Cannabis, there are a number of other substances which fall under the heading of Class B drugs including Amphetamines, the abuse of which is also the cause of much concern. The maximum fine on summary conviction for producing, supplying, and possessing

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with intent to supply Class C controlled drugs has been increased from £500 to £2,500 and simple possession of Class C drugs has also been raised five-fold from £200 to £1,000. Class C controlled drugs include well-known tranquillisers and sedatives such as Diazepam, and Nitrazepam. The same increase has been effected in respect of occupiers of premises who suffer or permit certain drug activities to take place in connection with Class C controlled drugs. Offences under the Firearms Act 1968 The maximum penalty for possessing or distributing prohibited weapons or ammunition has doubled from five to ten years’ imprisonment when tried on indictment. Also, when tried on indictment, the maximum penalty for possessing or distributing other prohibited weapons increases from two to ten years, and from three to six months on summary conviction. The maximum penalties for possession of a sawn-off shotgun, carrying a firearm in a public place, and shortening a shotgun barrel, all increase from five to seven years’ imprisonment. Possession of a firearm or ammunition without a certificate, or buying or selling these when not a registered dealer are now subject to a maximum sentence of five years’ imprisonment (previously three years). Falsifying a firearms certificate now also has its maximum sentence increased from three to five years’ imprisonment. The 1994 Act has also increased the maximum fines in respect of offences involving fishing or dredging for shellfish in contravention of restrictions under the Sea Fisheries (Shellfish) Act 1967. Also, s. 157 of the 1994 Act has increased fines in respect of two poaching offences. There are other increases effected by the 1994 Act which do not fall under s. 157 but are covered later in this work under the section dealing with sexual and related offences. Pre-Sentence Reports The Criminal Justice Act 1991 made it mandatory for the courts to obtain a pre-sentence report prior to passing either a custodial sentence or one of the more punitive community sentences unless the offence was triable only on indictment and the contents of any presentence report would not affect the sentence given. However, these mandatory provisions caused many court delays in other cases where a pre-sentence report would have made no difference to the sentence. This has been remedied by para. 40 of sch. 9 to the 1994 Act where it is provided that, if an offender is aged 18 years or over, the courts can dispense with pre-sentence reports for all categories of offences if they are unnecessary. No custodial sentence shall be invalidated by the failure of the court to obtain a presentence report, and any appellate court can dispense with them if it feels they are unnecessary, even with regard to under 18-year-olds. If the offender is under 18 years, the previous position under the Criminal Justice Act 1991 remains unchanged, namely the requirement for a pre-sentence report may still be waived if the offence is triable only on indictment and it is considered unnecesary. Also the requirement for such reports may still be dispensed with regarding any offence if an earlier report is in existence.

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At this juncture it may be useful to summarise the entire issue of pre-sentence reports (PSRs) as covered under the latest edition of National Standards for the Supervision of Offenders in the Community (published by the Home Office in March 1995). The form and content of a PSR should contain information under five headings namely the introduction, offence analysis, relevant information about the offender, the risk to the public of reoffending, and a conclusion. The introduction should consist of a brief account of the sources of information used to compile the PSR. This part of the report should include whether the offender is known to the agency preparing it and the number of interviews given by the offender in its compilation. The part of the PSR which comes under the heading of offence analysis is concerned mainly with highlighting the essential features and circumstances of the offence(s) in order to assist the court in assessing the seriousness of the offence(s) and, very importantly, in reaching an understanding of the offender’s motivations. Any matters relevant to mitigating the offence(s) for sentencing purposes should also be included. The section containing relevant information about the offender is primarily concerned with assessing the offender’s personal and social circumstances in order to help the court determine the most appropriate sentence. Any previous convictions should be mentioned but generally for the purposes of evaluating any patterns of off ending within the context of personal and social factors which are identifiable to them. The latter is closely linked to the issue of risk to the public of reoffending in which a short statement should be provided as to the likelihood of reoffending and potential risk of harm to the public. The new National Standards make it clear that this is not confined to the risk of serious harm to the public in the case of violent or sexual offences. The conclusion of the PSR should reflect the analysis of the offence(s), relevant information about the offender, and the risk of reoffending. If it is concluded that a community sentence would be suitable, the report should state its merits in appropriate cases, particularly if a programme of activities could be incorporated within it that would be beneficial to the offender. Other factors must also be taken into account namely the offender’s general circumstances and the restriction on liberty reflecting the nature of the offence(s). In the event of a custodial sentence being considered the concluding aspect of the PSR should make reference to any adverse effects upon the offender or his family if such a sentence were imposed. Probation Orders: Treatment by Psychologists Schedule 1A to the Powers of Criminal Courts Act 1973 enables a condition for psychiatric treatment to be attached to all or part of a probation order, either as an outpatient or an in-patient. Paragraph 10 of sch. 9 to the 1994 Act now enables chartered psychologists to carry out treatment instead of medical practitioners. It is important to note that this does not apply to supervision orders with a psychiatric requirement for treatment attached where such treatment must still be administered by a doctor.

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Probation Orders and Discharges: Sentences and Convictions Paragraph 44 of sch. 9 to the 1994 Act broadly speaking now confirms that probation and discharges (conditional and absolute), count as both sentences and previous convictions. Fines and Financial Circumstances Paragraph 42 of sch. 9 to the 1994 Act creates a less stringent requirement to enquire into an offender’s means if the offender is a corporate body, or if the offender is a juvenile and fined and it falls upon a local authority to pay when acting as his or her guardian. In such cases, the court does not have to enquire into their means. Also, para. 43 of sch. 9 deals with false statements as to financial circumstances in respect of persons charged. Anyone who commits such an act will be liable on summary conviction to a maximum of three months’ imprisonment and/or a fine not exceeding £2,500. The earlier provisions under s. 20(3) of the Criminal Justice Act 1991 only applied to persons convicted. Committals to Crown Court for Sentence Paragraph 15 of sch. 9 to the 1994 Act further amends s. 38 of the Magistrates’ Courts Act 1980 (namely the power of magistrates to commit 18-year-olds and over to the Crown Court for sentence in respect of triable either way offences). Prior to the 1994 Act a magistrates’ court could commit an offender to the Crown Court if: The offence or a combination of the offence and one or more offences associated with it are so serious that a greater punishment should be inflicted; or in the case of violent or sexual offences committed by a person at least 21 years old, that a sentence of imprisonment for longer than magistrates could impose was necessary to protect the public from serious harm from him. With regard to sexual and violent offenders, para. 15 now removes the requirement that the offender must be at least 21 years old and effectively includes 18-year-olds and above. It also removes the term ‘sentence of imprisonment’ meaning that either prison or detention in a young offender institution will apply.

CHAPTER 4 Police Jurisdiction Execution of Warrants Section 136 of the 1994 Act enables arrest warrants issued in England and Wales or Northern Ireland against persons charged with an offence to be executed in Scotland. Similarly arrest warrants issued in Scotland or Northern Ireland may be executed in England and Wales, and warrants issued in England and Wales or Scotland may be executed in Northern Ireland. Cross-Border Powers of Arrest etc. Section 137 provides that any police officer in England and Wales who has reasonable grounds for suspecting that an arrestable offence has been committed or attempted in England and Wales and that the suspect is in Scotland or Northern Ireland, may arrest that person within any of those countries without warrant. The same reciprocal measures will apply to police officers in Scotland and Northern Ireland. This power also applies to non-arrestable offences provided the service of a summons would be impracticable or inappropriate. Persons arrested should be taken by the arresting officer as soon as is reasonably practicable to the nearest convenient designated police station in England and Wales, Scotland or Northern Ireland where the alleged offence is being investigated. Persons detained, but not arrested, in England and Wales should be taken by the officer to the nearest convenient designated police station within the same countries or in Scotland. Persons detained, but not arrested, in Northern Ireland should be taken by the officer to the nearest convenient designated police station within the same country or in Scotland. Reasonable force may be used where necessary in the execution of the above powers and the following powers of search under s. 139 apply on arrest. Search Powers on Arrest Applicable to ss. 136 and 137 The provisions under s. 139 basically reiterate the same search powers and procedures as prescribed under the Police and Criminal Evidence Act 1984 on the arrest of a suspect, with or without warrant. Section 140 covers reciprocal powers of arrest and provides that police officers from one part of the UK who are exercising arrest powers under the above provisions in another part, may conduct the arrest using the same powers applicable to that local jurisdiction.

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Cross-Border Aid and Assistance Mutual aid between police forces in England and Wales has been in existence for many years. This has been exemplified by a number of incidents throughout the history of the police service. These include the inner-city riots of 1981 and the miners’ dispute during the winter of 1984–85. Section 141 of the 1994 Act now extends this to all UK police forces thus enabling the chief constable of the Royal Ulster Constabulary to apply for resources (including man-power) from England and Wales or Scotland, and vice versa.

CHAPTER 5 Public Order Power to Remove Trespassers from Land Section 61 of the 1994 Act gives new powers to the police to remove trespassers on land. This new power has been aimed specifically at New Age travellers. Section 61(1) repeals very similar provisions held under s. 39 of the Public Order Act 1986. Section 61(1) states that where a senior police officer at the scene reasonably believes that two or more persons are trespassing on land with the common purpose of residing there for any period, and the occupier of that land has taken reasonable steps to ask them to leave and either: (1) damage has been caused to the land or property on it; or (2) threatening, abusive or insulting words or behaviour have been used by any of them towards the occupier of the land or to his family, employees or agents; or (3) those persons have between them at least six vehicles on the land; the senior officer (or police officer acting on his behalf) may direct them to leave together with their vehicles and other property (refer to Figures 1 and 2). Section 61(1) differs slightly from s. 39 of the Public Order Act 1986 in a number of ways. The persons on the land now have to be trespassing there whereas under s. 39 they had to enter originally as trespassers. Section 61(2) provides the power for a senior police officer to direct that such trespassers leave with their vehicles or other property provided that it is reasonably believed that the persons may not have been trespassing originally but have since become trespassers and the conditions set out in s. 61(1) have been fulfilled (i.e., damage, abuse, at least six vehicles etc). Also, in contrast to s. 39 of the Public Order Act, the number of vehicles in both subss. (1) and (2) has now been reduced from 12 to six. Damage to land has been included and not just damage to property on land. Land itself has been more widely defined by the 1994 Act to include ‘common land’ which includes footpaths, bridleways, byways, public footpaths and cycletracks. Lastly, the police may now direct the removal of vehicles and other property as well as the trespassers themselves. Section 61 therefore significantly strengthens s. 39 of the Public Order Act 1986 which was sparingly used by the police. A principal weakness of s. 39 was its failure to protect landowners who initially invited travellers onto their land and this was subsequently abused. The police, in uniform, have a power of arrest without warrant under s. 61 for the offence of failing to leave land as soon as is reasonably practicable or re-entry as a trespasser within three months. Under s. 62 they also have the power to seize vehicles which the trespassers do not remove or which are still on the land because they have been arrested. The cost of removal and storage of the vehicles is chargeable to the owners and the vehicles can be

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retained until payment is made. Wasik and Taylor (1995) draw attention to the fact that these vehicles also constitute people’s homes. Failure to leave land as soon as is reasonably practicable or re-entry as a trespasser within three months is a summary offence punishable by a maximum of three months’ imprisonment and/or a fine not exceeding £2,500. The test of what is reasonably practicable is an objective one which must be applied to the speed with which trespassers may be expected to leave. Due consideration should be given by the police to any special conditions affecting the trespassers. This will include the elderly, the infirm, pregnant women, and so on. It will be a defence if the accused can show he was not a trespasser or had a reasonable excuse for failing to leave as soon as reasonably practicable or for returning within three months. Such trespassers may well be arrested for a number of other offences and not necessarily because of a refusal to leave the land. These will include assault on police, criminal damage, s. 5 of the Public Order Act 1986 (offensive conduct), and so on. Section 61(9) defines certain key words and phrases under s. 61. For these purposes ‘land’ (apart from certain agricultural buildings and some monuments), does not include buildings, or land forming part of a metalled highway. However, non-metalled roads and common land are regarded as land for the purposes of s. 61. Damage to property is defined in the Criminal Damage Act 1971 and this includes depositing any substance which can pollute the land. Trampling on grass also falls under damage in this context and probably the dumping of rubbish. Vehicles on land need not be driveable or even have wheels at the time, and caravans are regarded as vehicles. Section 61(9) does not define the term ‘senior police officer’ although specific minimum ranks are stipulated elsewhere within the 1994 Act for different purposes. It may therefore be assumed that this applies to the highest-ranking police officer at the scene. It is worth noting at this point that s. 80 of the 1994 Act repeals the duty of local authorities to provide caravan sites. According to the Leicestershire Constabulary this points to the likelihood that the number of caravan sites available for people who have a travelling way of life will be reduced (Cooper and Easton, 1994). ‘Raves’ ‘Raves’ or ‘rave parties’ are a relatively new phenomenon and their popularity with many young people has been increasing in recent years. However, two factors characterise such gatherings which have caused much concern. First, the almost inextricable link between such gatherings and the illicit taking of certain controlled drugs, particularly so-called ‘Ecstacy’ and other substances which produce similar effects; and secondly, the use of very powerful sound systems which have caused much distress to local residents. Section 63 of the 1994 Act now gives the police certain powers in relation to such gatherings. ‘Raves’ are defined as gatherings on land, wholly or partly in the open air consisting of at least 100 persons, even if they are not trespassers, during which amplified music is played at night and is likely to cause serious distress to local inhabitants. However, it has been pointed out by the Leicestershire Constabulary that police powers in respect of ‘Raves’ could be applied in respect of other musical events (Cooper and Easton, 1994). Under s. 63 a police officer of at least the rank of superintendent has the power to

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direct persons to leave land and remove vehicles and other property if: (1) At least two persons are on open land preparing for a rave (2) At least ten persons are either waiting for a rave to take place or are attending such a gathering already in progress. The direction to leave and remove vehicles and other property does not have to be done personally by the relevant police super-intendent since this can be done via any police officer acting on his or her behalf (refer to Figs 3 and 4). Failure to comply with a direction to leave and remove vehicles and other property as soon as is reasonably practicable, or returning within seven days provides a uniformed police officer with a power of arrest. The maximum sentence on summary conviction is three months’ imprisonment and/or a fine not exceeding £2,500. It will be a defence if the accused can show that he or she had a reasonable excuse for failing to leave the land or for returning within seven days. Those holding an entertainment licence granted by a local authority are exempt from the above provisions; also occupiers of the land, their families, employees, agents and anyone whose home is on that land are regarded as ‘exempt persons’. Under s. 64 the police are provided with a power of entry and seizure whereby a police officer of at least the rank of superintendent may authorise any other police officer(s) to enter land without a warrant to ascertain if any circumstances exist which would justify acting in accordance with s. 63. If a direction under s. 63 is given and any police officer reasonably suspects that persons have failed without reasonable excuse to remove vehicles or sound equipment, or have entered that land as a trespasser with a vehicle or sound equipment within seven days, that officer may seize and remove that vehicle or sound equipment. Section 65 provides that if a direction under s. 63 is in force, police officers in uniform may stop persons reasonably believed to be travelling to that rave and direct them not to proceed in the direction of the gathering. This power may only be exercised within five miles of the gathering and does not apply to exempt persons as mentioned under s. 63. Uniformed police officers have a power of arrest in respect of persons who fail to comply with such directions. This offence is punishable on summary conviction by a maximum of a £1,000 fine (refer to Fig. 5). Section 66 provides the courts with the power to forfeit sound equipment only, belonging to persons convicted under s. 63 and which has been seized in the exercise of the powers conferred under s. 64. However, as with all forfeiture orders generally, the court must consider the value of the property and the financial and other effects it will have on the offender. Disruptive/Aggravated Trespass These provisions under the 1994 Act have been popularised as the ‘anti-hunt saboteurs’ law’. Section 68 provides that it will be an offence of aggravated trespass if a person trespasses on open land and either intentionally intimidates persons so as to deter them from engaging in any lawful activity on that land (or adjoining land) or obstructs or disrupts that activity.

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A new power of arrest is conferred upon uniformed police officers under s. 68 where they reasonably suspect that a person is committing an offence under this section. This offence is punishable by a maximum sentence on summary conviction of three months’ imprisonment and/or a fine not exceeding £2,500 (refer to Fig. 6). Section 69 provides that if a senior police officer present at the scene reasonably believes that a person is committing, has committed, or intends to commit the offence of aggravated trespass, or that at least two persons are trespassing on open land with the common purpose of intimidating persons so as to deter, obstruct, or disrupt their engaging in a lawful activity, the senior officer may direct those persons to leave the land. Failure to comply as soon as practicable or any such person returning as a trespasser within three months is an offence punishable on summary conviction by a maximum of three months’ imprisonment and/or a fine not exceeding £2,500. The new power of arrest under s. 69 is conferred upon uniformed police officers only. It will be a defence if the accused can show that he or she was not trespassing, or there was a reasonable excuse for not leaving the land as soon as practicable or returning as a trespasser within three months (refer to Fig. 7). Wasik and Taylor (1995) argue that because of the express requirement of intention to intimidate, obstruct or disrupt lawful activities on land, fears that ramblers and others genuinely pursuing outdoor leisure activities may fall foul of s. 68 are unfounded. Trespassory Assemblies Section 70 of the 1994 Act inserts a new s. 14A and 14B into the Public Order Act 1986. Under the existing heading of ‘processions and assemblies’, the new s. 14A provides that if at any time a chief officer of police (normally a chief constable) reasonably believes that: (1) an assembly of at least 20 persons is intended to be held on open land where the public have no right of access or limited right of access, and (2) the assembly is likely to be held without the occupier’s permission or is likely to conduct itself in such a manner as to exceed the limits of any permission or the limits of the public’s right of access, and (3) may result in serious disruption to the life of the community, or (4) may result in significant damage to land, buildings or monuments which are of historical, architectural, archaeological or scientific importance, then the following course of action may be adopted: (1) the chief officer of police may apply to the council of the district where the proposed assembly is due to take place for an order prohibiting the holding of all trespassory assemblies in the district or part of it for a specified period of time. (2) on receiving the application the council may either make an order on the terms requested or with modifications but with the consent of the Home Secretary in either case. However, if the proposed assembly is due to take place within the City or the Metropolis of London, the same conditions as above will apply except that an application will be made by the Commissioner of the respective police force directly to the Home Secretary

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for approval. No order shall prohibit the holding of assemblies outside a 5-mile radius from a specified centre or for a period exceeding 4 days (refer to Fig. 8). The new s. 14B provides that a person who organises or takes part or incites another to take part in an assembly which he knows is prohibited by an order under s. 14A will be guilty of an offence. A power of arrest without warrant is conferred upon uniformed police officers who reasonably suspect offences to be committed under this section. The maximum penalties on summary conviction for knowingly organising a prohibited assembly or inciting another to take part in such a gathering is three months’ imprisonment and/or a fine not exceeding £2,500. The maximum penalty on summary conviction for knowingly taking part in a prohibited assembly is a fine not exceeding £1,000 (refer to Fig. 9). Section 71 of the 1994 Act inserts a new s. 14C into the Public Order Act 1986 which creates the power to stop persons proceeding to trespassory assemblies and is identical to the power under s. 65 with regard to ‘raves’. Section 14C provides that if a uniformed police officer reasonably believes that a person is on his way to an assembly prohibited by an order under s. 14A and that the person is within a 5-mile radius of the specified centre, the officer may stop that person and direct him not to proceed in the direction of that assembly. Reasonable suspicion of a failure to comply with such a direction provides a uniformed police officer with a power of arrest without warrant and the maximum penalty on summary conviction is a fine not exceeding £1,000 (refer to Fig. 10). Squatters The complex provisions introduced under this heading are summarised by the Home Office (1994) as follows: Sections 72–6 provide enhanced protection for property owners and occupiers against squatting. Sections 72–4 make revisions to the Criminal Law Act 1977; Sections 75 and 76 set out criminal penalties relating to the new, accelerated civil procedures to be introduced to deal with squatting … The Criminal Law Act 1977 gives protection to certain occupiers or would-be occupiers of residential premises (termed ‘displaced residential occupiers’ and ‘protected intending occupiers’). Section 74 inserts a new Section 12A into the 1977 Act, expanding the definition of protected intending occupier. There are now three categories. These are people who need a property for their own occupation, are excluded from it by squatters who: – have a freehold, or a lease with at least two years to run, and a witnessed statement specifying their interest in the property; or – have a private tenancy or licence and a statement signed by their landlord and witnessed; or – are authorised to occupy public sector housing and have a certificate issued by the housing body concerned. Anyone who knowingly or recklessly makes a false statement suggesting that

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someone is a protected intending occupier in either of the first two categories commits an offence attracting a maximum of six months’ imprisonment or a level 5 fine or both. Section 73 of the Act restates and revises s. 7 of the 1977 Criminal Law Act (which makes it an offence for any person who has entered and is on premises as a trespasser to fail to leave when required to do so by or on behalf of a displaced residential occupier or protected intending occupier) to take account of the new definition of displaced residential occupier. Section 72 amends s. 6 of the 1977 Act. Under s. 6 it is an offence without lawful authority to use or threaten violence in order to gain entry to property, when it is known that the entry is opposed by someone present on the property. Formerly, s. 6 provided a defence for displaced residential occupiers. This is removed by the revised s. 6, but the Section as now amended provides that the offence does not extend to displaced residential occupiers, protected intending occupiers or those acting on behalf of either. The new provision does not remove the general liability of displaced residential occupiers or protected intending occupiers or their agents under the criminal law, for example in respect of assaults against the person or breaches of the peace. Sections 75 and 76 provide criminal sanctions relating to the new interim possession order, which will be a civil order for removing squatters from premises by summary proceedings… Under s. 75 it will be an offence knowingly or recklessly to make a false statement for the purpose either of obtaining an interim possession order or of resisting the making of one. The maximum penalty…is two years’ imprisonment or an unlimited fine or both (on indictment) or six months’ imprisonment or the statutory maximum fine or both (on summary conviction). Section 76 provides criminal sanctions against those who disobey an interim possession order. Anyone present on premises as a trespasser during the currency of an interim possession order commits an offence, unless he leaves within 24 hours of the service of the order and does not return, or unless a copy of the order was not fixed properly to the premises. It is also an offence for a person who was in occupation of the premises at the time the order was served to re-enter the premises as a trespasser within one year (from) which the order was served, irrespective of whether the order has expired. A person who has committed or is reasonably suspected of having committed this offence may be arrested (by a uniformed police officer) without a warrant. The maximum penalty…is six months’ imprisonment or a level 5 fine or both. Unauthorised Campers Section 77 of the 1994 Act gives local authorities the power to direct unauthorised campers to leave open land and remove vehicles (whether roadworthy or not, including caravans) and any other property if it appears to them that they are residing in one or more vehicles within their area. This applies to any land forming part of a highway, or any other unoccupied land, or any occupied land without the occupier’s consent. Notice

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of such a direction must be served on the persons concerned. It will be an offence if an unauthorised camper, knowing that such a direction has been given which applies to him: (1) fails to leave the land or remove any vehicle or property as soon as is practicable, or (2) returns to the land with a vehicle within three months. This offence is punishable on summary conviction by a fine not exceeding £1,000. No power of arrest is provided under s. 77 therefore proceedings are commenced by the service of a summons. It will be sufficient to attach the summons to a prominent part of any vehicle concerned (Tain, 1995). The requirement to leave and remove vehicles and other property remains in force throughout the three month period. It will be a defence for the accused to show that f failure to leave or remove vehicles or other property as soon as practicable or return with a vehicle was due to illness, mechanical breakdown or other emergency (refer to Fig. 11). Section 78 enables local authorities to make an application to magistrates for an order for the removal of persons, vehicles or other property if they are residing on land in contravention of s. 77. Such orders will authorise local authority officers to enter the land and take steps to render any relevant vehicle or property suitable for removal including taking steps for securing entry initially. At least 24 hours’ prior notice must be given to the owner and occupier of the land. The only exception would be if, having made reasonable inquiries, their names and addresses cannot be ascertained. Wilful obstruction of any person exercising any power conferred on him by virtue of s. 78 will make the offender liable to a fine not exceeding £1,000 on summary conviction. Section 79 covers a number of procedural requirements in respect of serving summonses and notices of a direction in respect of ss. 77 and 78. These include the manner in which such documents are to be served on the appropriate persons. Section 80 ends Part V of the 1994 Act by removing the duty of local authorities to provide sites for gipsies. Causing Intentional Harassment, Alarm or Distress Section 154 of the 1994 Act inserts a new s. 4A into the Public Order Act 1986 and creates the offence of causing intentional harassment, alarm or distress. The new s. 4A provides that a person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he uses threatening, abusive or insulting words or disorderly behaviour, or displays any writing, sign or other visible representation which is threatening, abusive or insulting thereby causing that or another person harassment, alarm or distress. This offence may be committed in a public or private place except where the conduct occurs inside a dwelling and the victim is also inside that or another dwelling. It will be a defence if the accused can prove that his conduct was reasonable, or he was inside a dwelling and had no reason to believe that his conduct would be heard or seen by a person outside that or any other dwelling. A police officer (whether or not in uniform) may arrest without warrant anyone reasonably suspected of committing this offence which is punishable on summary conviction by a maximum of six months’ imprisonment and/or a fine not exceeding £5,000.

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Section 154 of the 1994 Act places the new s. 4A between the similarly worded ss. 4 and 5 of the Public Order Act 1986 and effectively makes the new offence more serious than s. 5. This is reflected in the new offence being imprisonable. However, it must be proved that the accused intended to cause harassment, alarm or distress and that such an intention was caused to a victim (who need not be the originally intended victim). The main thrust of the new offence is directed towards persistent racially motivated violence and harassment. Publishing, etc of Racially Inflammatory Material Section 155 of the 1994 Act inserts a new paragraph (i) under s. 24(2) of the Police and Criminal Evidence Act 1984 thereby adding a new arrestable offence to the existing list. This new arrestable offence applies to s. 19 of the Public Order Act 1986 which covers publishing or distributing written material which is threatening, abusive or insulting and which is either intended to stir up racial hatred or is likely to do so. Terrorism Section 82 of the 1994 Act amends Part IVA of the Prevention of Terrorism (Temporary Provisions) Act 1989 by inserting new ss. 16A and 16B. The new ss. 16A creates the offence of the possession of articles for suspected terrorist purposes. A person will be guilty under this section if he has any article in his possession under circumstances which give rise to a reasonable suspicion that the article is connected with the commission, preparation or instigation of terrorist acts. The court may accept as proof of sufficient evidence of possession if at the time of the alleged offence the person and the article were both present in any premises, or the article was in premises where he was either the occupier or which he habitually used other than as a member of the public. However, this will not apply if he can prove that he did not know of the presence of the article in the premises at the time, or he had no control over it even if he did know. It will be a defence if the person can prove that at the time the article was not in his possession for a terrorist purpose. Premises for the purposes of the new s. 16A also applies to vessels, aircraft and vehicles. The new s. 16B creates the offence of the unlawful collection or recording of information likely to assist terrorists. This new section provides that no person shall, unless with lawful authority or reasonable excuse (which is incumbent on him to prove), collect or record any information likely to be useful to terrorists in planning or carrying out any act of terrorism. It will also be an offence for a person to possess any record or document containing such information. Recording information for the purposes of s. 16B includes recording by photography ‘or by any other means’. The maximum penalties on conviction for offences under ss. 16A and 16B are ten years’ imprisonment and/or a fine when tried on indictment, or six months’ imprisonment and/or a fine not exceeding £5,000 when tried summarily. There is also a power available to the court of forfeiture of any record or document to which s. 16B applies.

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Investigations into Terrorist Organisations Section 83 provides the courts with further powers in respect of the investigation of terrorist suspects. Under the existing provisions of the Prevention of Terrorism (Temporary Provisions) Act 1989, the courts may order the production of material required in a terrorist investigation where it is in the possession of a person. The new provisions now extend to where that person has the material in his custody or he otherwise has the ability to produce it. Section 83 also amends the Northern Ireland (Emergency Provisions) Act 1991 and introduces a procedure whereby investigations into the financing of terrorism may not necessarily be pursued in person or even by police officers of the Royal Ulster Constabulary. These may now be conducted, where appropriate, by correspondence and by Authorised Investigators appointed under the 1994 Act to assist the Royal Ulster Constabulary, and these may also function elsewhere throughout the UK.

CHAPTER 6 Police Powers Powers to Stop Persons and Vehicles in the Prevention of Terrorism Section 81 of the 1994 Act inserts a new s. 13A into the Prevention of Terrorism (Temporary Provisions) Act 1989 which confers new powers of stop and search upon the police in order to prevent acts of terrorism. This power may only be initiated by a police officer of at least the rank of assistant chief constable (outside London) or a commander (the equivalent rank within London). Where it appears to such an officer that it is expedient to do so in order to prevent acts of terrorism, he may give an authorisation in writing for a renewable period not exceeding 28 days for uniformed police officers within his area to do the following: (1) Stop any vehicle (which includes ships and aircraft) or any pedestrian. (2) Search any vehicle and its occupants, or anything carried by a pedestrian, for any articles which could be used in the commission, preparation or instigation of terrorism. These stop and search powers may be exercised even if the police officer does not have any grounds for suspecting that articles falling under the above category are being carried (s. 81(4)). Persons, whether driving or on foot, who are stopped under the power of s. 81 shall be entitled to a written statement that they were stopped if applied for within 12 months of the incident. Failure to stop when required by a police officer or wilful obstruction of an officer in the exercise of this power is an offence punishable by a maximum of six months’ imprisonment and/or a fine not exceeding £5,000 on summary conviction. The new police Codes of Practice, which took effect on 10th April 1995, provide a number of guidelines for police officers in respect of s. 81 together with general notes for guidance. Code A states the general requirement for such powers to be exercised objectively and without prejudice, and preserves the ability of police officers to conduct voluntary searches where appropriate and the use of other informal methods to achieve the required purpose. Code A goes on to advise officers making written authorisations under s. 81 to set both the minimum periods and geographical areas in which to exercise these powers of stop and search. The general conduct of such searches falls broadly under the same guidelines as those pertaining to other stop and search powers such as s. 1 of the Police and Criminal Evidence Act 1984 (the power to stop and search for stolen or prohibited articles). These guidelines under Code A also apply to s. 60 below.

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Powers to Stop and Search in Anticipation of Violence Section 60 of the 1994 Act covers police powers to stop and search in anticipation of violence. These new provisions largely augment the power under s. 1 of the Police and Criminal Evidence Act 1984 for police officers to stop and search persons or vehicles for, among other things, prohibited articles which include offensive weapons. However, this power may only be used where there are reasonable grounds for suspecting that such articles are being carried in individual instances. Many, including the police, have felt for a long time that such powers were no longer adequate to protect both police officers and the public. Section 60 therefore extends the provisions under the Police and Criminal Evidence Act 1984 as follows: A police officer of the rank of superintendent or above may give written authorisation for uniformed police officers to stop and search persons and vehicles in a specific area for a period not exceeding 24 hours if he reasonably believes that incidents of serious violence may take place in that locality, or it is expedient to do this in order to prevent their occurrence. The initial authorisation may be extended for an additional six-hour period and if a superintendent or above is not available, authorisation may be given by an inspector or chief inspector if it is reasonably believed that serious violence is imminent. Uniformed police officers at the scene acting under this authorisation may do the following: (1) Stop any pedestrian and search him, or anything carried by him, for offensive weapons or dangerous instruments. (2) Stop any vehicle (including ships, aircraft and hovercraft) and search it, its driver and any passengers for offensive weapons and dangerous articles. (3) Seize any offensive weapons or dangerous articles found in the course of a search under this section. This power may be exercised whether or not there are any grounds for suspecting that such articles are being carried. This effectively makes random searches lawful in this respect and can be compared to a similar provision under s. 81(4) above. Pedestrians and drivers of vehicles stopped under these provisions are also entitled to a written statement covering such incidents within 12 months of the occurrence. Pedestrians or drivers of vehicles who fail to stop when required by the police in the exercise of their power under these provisions will be liable, on summary conviction, to a maximum term of one month’s imprisonment and/or a fine not exceeding £1,000. Powers of the Police to Take Intimate Body Samples Section 54 of the 1994 Act amends s. 62 of the Police and Criminal Evidence Act 1984 which originally provided that intimate body samples may be taken from persons in police detention only and with their appropriate consent. Such action may be authorised by a police officer of at least the rank of superintendent if there are reasonable grounds to suspect that the detained person is involved in a serious arrestable offence and for believing that such a sample will tend to confirm or disprove his involvement. Such samples, except urine or saliva, must be taken by a medical practitioner and refusal

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without good cause to provide an intimate sample will allow a court to draw inferences from this refusal which may corroborate any evidence against that person. Section 54 of the 1994 Act, which inserts a new ss. (1A) into s. 62 of PACE, makes the following changes. First, an intimate sample, with the appropriate consent and authority, may be taken from a person who is not necessarily in police custody but from whom at least two non-intimate samples have been taken and proved insufficient. According to Wasik and Taylor (1995) this power may now be used on persons on remand, in prison or on bail and the power under s. 54 removes the need for the police to request an intimate sample where a non-intimate sample will be sufficient. Since they will now be able to request intimate samples when the person is no longer in police detention, there is no need to request them unnecessarily as a safe measure whilst detained by the police. Refusal to consent to the taking of intimate body samples will still attract the appropriate inferences in court. The Notes for Guidance under Code D of the police Codes of Practice state that the following words may be given to a person asked to provide an intimate sample ‘You do not have to [provide this sample] [allow this swab or impression to be taken] but I must warn you that if you refuse without good cause, your refusal may harm your case if it comes to trial. Secondly, this power is now applicable to recordable offences and not just serious arrestable offences as originally stipulated under s. 62 of PACE. Recordable offences ‘are offences which, when proven, must be recorded in national police records and the fingerprints of the convicted person must be taken accordingly. Any offence which is punishable by imprisonment or is one of several specified offences (such as tampering with a motor vehicle, and loitering or soliciting for the purposes of prostitution), falls under the heading of a recordable offence’ (Jason-Lloyd, 1992). Both intimate and non-intimate samples have been redefined by s. 54 and more especially s. 58 of the 1994 Act. Intimate samples are now blood, semen, or any other tissue fluid, urine, pubic hair, a dental impression or a swab taken from a person’s body orifice other than the mouth. Non-intimate samples are now non-pubic hair, a sample taken from a nail or under a nail, a swab taken from any part of a person’s body but not body orifices except the mouth, saliva or a footprint or a similar impression of any person’s body other than a part of his hand. According to Paul Tain (1995) the reason for the reclassification of mouth swabs as non-intimate is because ‘Mouth searches were seen as an area requiring development because of the capacity of people to swallow substances, particularly drugs, thereby preventing the police from obtaining evidence…’ Police Powers to Take Non-Intimate Body Samples Section 55 of the 1994 Act redefines police powers to take non-intimate body samples. A new ss. 3A is inserted under s. 63 of the Police and Criminal Evidence Act 1984 so that non-intimate samples may be taken without consent from a person, whether or not he is in police detention or police custody on the authority of a court, if he has been charged with, is due to be reported for, or convicted of a recordable offence. Previously the nonconsensual taking of non-intimate body samples could only be conducted in police detention or in police custody on the authority of a court and this only applied to serious

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arrestable offences. Other earlier provisions still apply, however, namely the authorisation of at least a superintendent and his or her belief that the sample will tend to confirm or disprove the person’s involvement in what is now a recordable offence. The other new provision inserted under the new ss. 3A is that the non-consensual taking of non-intimate samples will also apply where either the person has not had a nonintimate sample taken from him by the police or he has had such a sample taken from him but it was either unsuitable or insufficient. At this juncture it is appropriate to mention s. 59 of the 1994 Act which is complementary to the provisions under ss. 54, 55 and 58. Section 59 now provides the police with the power to search the mouths of arrested suspects. Although this was possible before the new provision was passed, it was regarded as an intimate search and therefore subject to a number of provisos both before and during its execution. Since s. 58 expressly excludes mouth swabs or saliva from the list of intimate samples, s. 59 therefore classes the searching of mouths as a non-intimate search for the purposes of the Police and Criminal Evidence Act 1984. Fingerprints and Samples—Supplementary Provisions Section 56 of the 1994 Act inserts a new s. 63A into the Police and Criminal Evidence Act 1984 which covers supplementary provisions regarding fingerprints and samples including the removal of non-pubic hair. Section 56 provides that fingerprints or samples taken from a person arrested on suspicion of being involved in a record-able offence may be checked against other fingerprints or samples held in police records. Section 56 goes on to provide that where a sample of non-pubic hair is required, a sample may be taken either by cutting or by plucking them with the roots attached. No more hairs may be plucked than is considered reasonably necessary to obtain a sufficient sample. The Notes for Guidance under Code D of the new police Codes of Practice provide the following guidelines: 5C. Where hair samples are taken for the purpose of DNA analysis (rather than for other purposes such as making a visual match) the suspect should be permitted a reasonable choice as to what part of the body he wishes the hairs to be taken from. When hairs are plucked they should be plucked individually unless the suspect prefers otherwise and no more should be plucked than the person taking them reasonably considers necessary for a sufficient sample. Note that non-pubic hair is a non-intimate sample for which consent is not required. Also, the purpose behind obtaining plucked hair is that a DNA profile can be obtained from the roots. Persons not in police detention or custody may be required by the police to attend a police station in order to have a sample taken if they have been charged or reported for, or convicted of, a recordable offence and no sample has been taken, or one was taken but proved insufficient. Certain overall time limits apply to this requirement, namely one month from either the date of being charged, reported or convicted, or the date where the appropriate police officer is informed that any earlier sample is insufficient. Within these

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parameters the police then must give the person at least seven days to attend. Failure to comply with such a requirement provides the police with a power of arrest without warrant. Retention of Samples in Certain Cases Section 57 of the 1994 Act amends s. 64 of the Police and Criminal Evidence Act 1984. Basically, there is no change to the requirement that fingerprints and samples must be destroyed where the person who gave them is acquitted or the relevant criminal proceedings against them have been aborted. There are, however, different rules regarding DNA samples. It is now provided that where DNA samples are taken from a number of suspects, or from persons purely for elimination purposes, these samples need not be destroyed if one of the suspects is convicted. According to the Home Office (1994) this provision regarding the retention of such samples has been devised ‘…in case they are needed for further comparative analysis in any subsequent miscarriage of justice proceedings’. However, an unconvicted person’s sample (or any evidence obtained from it) cannot be used as evidence against them personally, neither may it be used to investigate any offence. It should be noted that the destruction of fingerprints and samples does not apply to persons detained for terrorist offences. Also, under para. 62 of sch. 10 to the 1994 Act, the police may obtain DNA samples from suspects detained under the Prevention of Terrorism (Temporary Provisions) Act 1989. Extension of Police Powers to UK Waters Section 160 now includes waters adjacent to the UK within the definition of the area in which police powers are exercisable under the Police Act 1964.

CHAPTER 7 Sexual Offences and Pornography Rape Redefined Section 142 of the 1994 Act substitutes a new s. 1 to the Sexual Offences Act 1956 and subsequently gives a new definition to the offence of rape. Under s. 142 it is an offence for a man to rape a woman or another man whether by vaginal or anal intercourse where the victim does not consent to it and the offender either knows the victim does not consent or is reckless as to whether consent is given. It will also be rape if a man induces a married woman to have sexual intercourse with him by impersonating her husband. Section 142 therefore effects the following changes: (1) Non-consensual anal intercourse with a man or woman is now classed as rape. (2) Buggery of a man 16 years or over without consent now attracts a maximum sentence of life imprisonment instead of ten years. (3) The offence of rape within marriage has now been placed on a statutory footing whereas since 1992 this only existed at common law. (4) Both male and female victims of non-consensual anal intercourse will now be availed the same anonymity as earlier rape victims. Refer to Fig. 12. Buggery Section 143 of the 1994 Act amends s. 12(1) of the Sexual Offences Act 1956 and decriminalises anal intercourse between consenting men and women or other men, provided all parties are at least 18 years of age and the act takes place in private (namely just the two of them present and not in a public lavatory). Refer to Fig. 13. Section 144 of the 1994 Act revises the maximum penalties in respect of buggery as follows: (1) Buggery, or attempted buggery, of a person (male or female) under 16 years (or with an animal): life imprisonment. (2) Buggery of a person under 18 by someone 21 years or over: 5 years’ imprisonment. (3) Other cases (including indecency between adult males and attempted procurement of an act of gross indecency): 2 years’ imprisonment. Homosexuality Section 145 of the 1994 Act reduces from 21 to 18 years the age at which homosexual acts may legally take place provided both adults consent and the acts take place in private

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(namely just the two of them present and also not in a public lavatory). Homosexuality and the Armed Forces and Merchant Navy Section 146 deals with members of the armed forces and the merchant navy. No longer will homosexual acts committed by members of the armed forces be against service discipline provided they are not prosecutable under civilian law, although the individuals concerned may still be liable to dismissal from the service. The exception to these new provisions are homosexual acts under the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957. Although still liable to dismissal, merchant seamen on board UK ships who commit permissible homosexual acts will no longer be criminalised. Anonymity of Victims of Certain Sex Offences Paragraph 52 of sch. 9 to the 1994 Act extends the provisions under the Sexual Offences (Amendment) Act 1992 so that the victims or intended victims of conspiracies or incitements to commit certain sexual offences may also have their identities protected. Indecent Photographs (and Pseudo-Photographs) of Children In view of the ever-changing scope of computer technology, it has been necessary to amend the law in respect of indecent photographs of children. Section 84 of the 1994 Act addresses the issue of the production of child pornography on computers. It widens the scope of the existing law with regard to the taking, distributing or possession of pornographic photographs of children to include such material being stored in the form of electronic data. Section 84 goes further and includes indecent ‘pseudo-photographs’ of children within these provisions. These are images which indecently portray a complete person but which are comprised of part adult and part child. The maximum penalty in respect of the possession of indecent photographs of children has been increased by s. 86 to six months’ imprisonment and/or a fine not exceeding £5,000. Obscene Publications and Indecent Photographs (or Pseudo-Photographs) of Children—New Arrestable/Serious Arrestable Offences Section 85 creates two new arrestable/serious arrestable offences which are as follows: first, an offence under s. 2 of the Obscene Publications Act 1959, namely the publication of obscene matter and, secondly, an offence under s. 1 of the Protection of Children Act 1978 which covers taking, distributing, showing, possessing with intent to distribute or show, or advertise the distribution or showing, of indecent photographs and pseudophotographs of children. However, simple possession of such photographs or psuedophotographs is not an arrestable offence although s. 86 now makes this offence imprisonable and up to a maximum of six months on summary conviction. Video Recordings—Increase in Penalties Section 88 of the 1994 Act has increased the maximum penalties in respect of offences

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under the Video Recordings Act 1984. These offences are concerned with the supply of unclassified videos or supply of videos to children. Supplying unclassified videos or possessing such material for supply, can now attract a maximum sentence of six months’ imprisonment and/or a maximum fine of £20,000 on summary conviction, or two years’ imprisonment and/ or an unlimited fine when tried on indictment. Supplying videos to children, the supply of certain videos to places other than licensed sex shops or supplying videos marked with false classifications, can result in maximum penalties of six months’ imprisonment and/or a fine not exceeding £5,000. Video Recordings—Restriction of Exemptions Section 89 further removes certain video productions from the list of works previously exempt from the requirement for classification under the Video Recordings Act 1984. The existing exemptions include productions designed to inform, educate or instruct, or are concerned with sport, religion or music or are video games. However, the 1984 Act removes this exemption if any video depicts, to any significant extent, human sexual activity, or acts of force or restraint in relation to such activity, mutilation, torture or other acts of gross violence to humans or animals, human sex organs, and human urinary or excretory functions. This exemption is now further removed where any video production is likely, to any significant extent, to stimulate or encourage any human sexual activity or acts of force or restraint in relation to such activity, or is likely, to any extent, to stimulate or encourage the mutilation, torture or other acts of gross violence to humans or animals. (The word ‘likely’ has been substituted for the earlier word ‘designed’ by s. 89.) By virtue of s. 89, video productions are now removed from exemption from classification if they either depict, to any significant extent, techniques likely to be useful in the commission of any offences, or criminal activity likely, to any significant extent, to stimulate or encourage the commission of offences. Suitability of Video Recordings Section 90 of the 1994 Act provides that the British Board of Film Classification when determining the suitability of videos which depict criminal behaviour, illegal drugs, violent or horrific scenes, or human sexual activity, shall have special regard (among other relevant factors) to any harm that may be caused to viewers or to society through their behaviour. Section 90 goes on to provide that the British Board of Film Classification may issue certificates in respect of videos especially suitable for young children which will be known as ‘Uc’ certificates. Jurisdictional Powers of Trading Standards Officers and Magistrates’ Courts under the Video Recordings Act 1984 Section 91 extends the jurisdictional powers of both trading standards officers and magistrates courts when enforcing the provisions of the Video Recordings Act 1984. The investigative powers of trading standards officers may extend beyond their area if there is a connection between those offences and offences committed within their own local

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authority boundaries. The same principle applies to magistrates courts where they may try cases involving offences committed outside their area if there is a connection with offences committed within their jurisdiction. Nuisance Telephone Calls Section 92 increases the maximum penalties in respect of nuisance telephone callers. These offences include telephone calls which are grossly offensive, indecent, obscene, or menacing. The making of persistent calls in order to cause annoyance, inconvenience or anxiety or the sending of false messages are also included. Under the Telecommunications Act 1984 the offence of improper use of a public telecommunication system was punishable only by a maximum fine of £1,000. This offence is now punishable by a maximum of six months’ imprisonment and/or a fine not exceeding £5,000.

CHAPTER 8 Evidence Imputations on Character Section 31 of the 1994 Act provides that an accused may be cross-examined on any previous misconduct if he brings into question the character of a dead victim of an alleged crime. Corroboration Section 32 removes the requirement that in sexual cases the jury must be warned not to bring a conviction based on the uncorroborated evidence of the alleged victim. Section 32 also removes the judge’s obligation to give a warning in a case where uncorroborated evidence is given by a co-defendant against an accused. Section 33 provides that a defendant may now be convicted of the following offences on the sole basis of the uncorroborated evidence of a single witness: procurement of a woman by threats or false pretences, administering drugs to obtain or facilitate intercourse, causing prostitution of women, and procurement of a girl under the age of 21 years. The Right of Silence One of the most publicised aspects of the 1994 Act has been its provisions regarding the right of silence. The issue of a defendant’s silence at different stages in the criminal justice process, and the inferences that may be drawn by the courts from this, has been addressed by the 1994 Act in the situations described below. It is important to note at this stage that the right to silence has not been abolished but modified and that there are no provisions within the 1994 Act which compel an accused to speak. First, s. 34 covers instances where the accused fails to mention any fact relied on in his defence (and only in his defence) at any time prior to being charged, or on being charged or reported for the alleged offence. In such cases the criminal courts may draw such inferences as appear proper whereas under the earlier law such silence could not be the subject of adverse inferences. However, there are certain constraints on this provision. If the information could not reasonably have been mentioned or the court considers that the drawing of adverse inferences would not be proper in this case then the foregoing rules will not apply; neither can silence alone be used to establish a prima facie case. Finally these provisions will only apply to persons prior to being charged if they have been cautioned. The old caution was simply ‘You do not have to say anything unless you wish to do so, but what you say may be given in evidence.’ The wording of the new caution is now part of the revised Codes of Practice published on 10th April 1995, and is as

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follows: ‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’ Section 35 covers the issue of refusal to speak at the trial. If the accused decides not to give evidence on his own behalf, proper inferences may then be drawn by the court. However, before doing this the court must be satisfied that the accused knows that he has the opportunity to give evidence on his own behalf and the consequences if he does not. Section 35 does not apply where the accused makes known his intention to give evidence on the completion of the prosecution case, where it appears that the accused’s mental condition renders it undesirable for him to give evidence or where, for instance, the court has already determined that there is no case to answer therefore the issue is not the guilt of the accused. Sections 36 and 37 of the 1994 Act make provisions with regard to the effect of an accused’s failure or refusal to account for objects, substances, marks, or their presence at a particular place. Where it appears proper, the court may allow inferences to be drawn if the accused, when arrested, failed to account when questioned for any incriminating marks, objects or substances found on his person, in or on his clothing or footwear, or generally in his possession, or in the vicinity of the arrest. The appropriate inferences may also be drawn where an arrested person fails to account when questioned for his presence at a place and at a time where an offence allegedly committed by him took place. Child Testimony Section 50 and para. 32 of sch. 9 to the 1994 Act amend the preexisting law in respect of the testimony of child witnesses given in the form of video recordings. Under the Criminal Justice Act 1988, provision was made enabling young witnesses to certain sexual offences or crimes of violence to give evidence in court via live television links. This was extended by the Criminal Justice Act 1991, which introduced provisions regarding the giving of such evidence using video recordings. However, the new s. 32A (5)(b) to the Criminal Justice Act 1988, as inserted by s. 54 of the Criminal Justice Act 1991, made the following provision (the words in brackets have been added for clarification): that (the child) witness shall not be examined in chief on any matter which, in the opinion of the court, has been dealt with in his recorded testimony. Section 50 now adds the word ‘adequately’ as the final fifth word. Paragraph 33 of sch. 9 to the 1994 Act amends s. 33A of the Criminal Justice Act 1988 and makes it clear that unless a child witness is not capable of providing ‘intelligible testimony’ in court then the judge shall admit the child’s evidence. This amendment is designed to clearly abolish the earlier requirement that a child witness should be examined by the court in order to ascertain that he understands the nature of the oath.

CHAPTER 9 Prisons, the Prison Service and Related Matters Prisoner Escort Service Section 93 of the 1994 Act extends the provisions of the Criminal Justice Act 1991 in respect of the privatised prisoner escort service by enhancing the overall scope of escort duties. These provisions now cover transfer to and from almost every type of custodial institution including psychiatric hospitals. Furthermore, s. 93 extends these provisions to all persons held in lawful custody which include those arrested for failing to attend court, fine defaulters and the mentally ill. These provisions will apply throughout the UK. Note that separate provisions exist with regard to the escort arrangement affecting the proposed secure training centres (see sch. 1 to the 1994 Act covered under Ch. 1 above). Powers and Duties of Prisoner Custody Officers in the Prisoner Escort Service Section 94 extends the powers and duties of prisoner custody officers in the privatised prisoner escort service which were originally contained within the Criminal Justice Act 1991. These provisions now include, where necessary, the holding of prisoners by prisoner custody officers in temporary custodial institutions although it seems that this power may not be used until the private sector has established its own institutions in this respect. Breaches of Discipline by Prisoners under Escort Section 95 of the 1994 Act amends s. 83 of the Criminal Justice Act 1991 by clarifying that disciplinary charges may be made by prisoner custody officers engaged in escort duties against misbehaving prisoners. Either the relevant prison governor (in a state-run institution) or the controller (if a contracted-out establishment) where the prisoner is due to be delivered will then investigate the charge and take any appropriate action. Contracted-Out Prisons Section 96 of the 1994 Act amends s. 84 of the Criminal Justice Act 1991. The latter has already been amended extensively which reflects the present government’s commitment to the further privatisation of custodial institutions. Section 96 now provides that future establishments of this kind may be designed and built by contractors and be run by them in whole or part, and even the entire running of such places may be subcontracted to different organisations. Sections 97 and 99 enable an interchange, where necessary, between prison officers in the State penal establishments and prisoner custody officers in the contracted-out

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custodial institutions, and vice versa. Such secondments are designed to provide essential support in emergency situations although longer term arrangements are envisaged. Section 98 extends the duties of prisoner custody officers to include custodial duties when a prisoner is temporarily outside a contracted-out prison. Emergency Prison Accommodation Section 100 covers the provision of emergency prison accommodation, including prison ships, in the event of the prison population grossly outstripping accommodation available. The Home Secretary is empowered under this section to contract out the provision of such services to the private sector. The Prison Service Sections 126 to 128 clarify a number of anomalies regarding employment-related matters affecting prison officers. Notwith-standing their official status as constables, s. 126 now provides that prison officers, prison governors and chaplains now have the same employment rights as other Crown servants. Also, their representative bodies are now recognised as independent trade unions. However, s. 127 states that it will be unlawful to induce a prison officer to withhold his services or to commit a breach of discipline. This applies to prison officers and governors, both types of prisoner custody officers, and custody officers (in the proposed secure training centres). Power to Test Prisoners for Drugs Section 151 of the 1994 Act was passed in response to widely publicised concern regarding allegations of extensive drug abuse in prisons. Section 151 provides that a prison governor or director may authorise any prison officer or prisoner custody officer, in accordance with prison rules, to require a prisoner to provide a urine sample in order to ascertain whether he has been taking controlled drugs. This authorisation may also involve a sample of another description being required of a prisoner for this purpose or in addition to a urine sample. However, this must not be an intimate sample and will probably include such things as non-pubic hair and nail clippings but not blood. Failure to comply with such a requirement will result in internal disciplinary action being taken against the prisoner. Powers of Search by Authorised Prison Employees Section 152 confers powers of search upon employees in prisons who are not prison officers. This will apply to authorised civilian employees who service many aspects of prison establishments such as catering and workshop staff. Under s. 152 such authorised employees may conduct a search of a prisoner but shall not require the removal of clothing other than an outer coat, jacket, headgear, gloves and footwear. Reasonable force, where necessary, may be used in the exercise of this power. The purpose of such searches is to ascertain whether a prisoner has any unauthorised property on his person.

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This will include a number of articles including weapons. Any such articles found in the course of a search may be seized by the authorised employee. The Parole Board Section 149 of the 1994 Act now makes the Parole Board a body corporate and a new legal status is given to it under para. 70 of sch. 10. As it now functions as both an executive and an advisory body, it is now classed as a non-departmental public body. There are no changes in the composition of the Parole Board, neither has its autonomy been altered in respect of, inter alia, decisions affecting discretionary life prisoners and long-term determinate prisoners serving up to seven years.

CHAPTER 10 Miscellaneous Provisions Prohibition on the Use of Cells from Embryos or Foetuses Section 156 provides that no person shall, for the purposes of providing fertility services for any woman, use female germ cells taken or derived from an embryo or a foetus, or use embryos created by using such cells. Although not technically feasible at present, it has been predicted that within a decade it will be possible to use eggs obtained from the foetuses of aborted baby girls which, when fertilised in a test tube, may then be inserted into women wishing to become pregnant. According to Wasik and Taylor (1995) ‘to allow this procedure would clearly have very serious consequences for the child, since it would at some point have to be explained to it that its mother had not been allowed to be born’. Extradition Procedures Section 158 amends the UK law in respect of Orders in Council which provide that certain states are exempt from having to present prima facie evidence when requesting extradition. Instead of the requirement to submit ‘evidence’ such states are now required to submit ‘information’ instead. In view of the abolition of committal proceedings, s. 158 (and s. 159) also provide for the continuance of extradition procedures. Backing of Warrants: Republic of Ireland Section 159 provides that a court in the UK will be able to …endorse the execution in the United Kingdom of an arrest warrant issued in the Irish Republic in respect of a person believed to be travelling to the UK. The period of validity of a provisional arrest warrant issued by a magistrate under the Backing of Warrants Act is extended from five days to seven, and the length of time for which a person arrested under such a warrant may be held pending the receipt of an Irish warrant is extended from three days to seven (Home Office, 1994). Unlawfully Obtaining Computerised Information Section 161 amends s. 5 of the Data Protection Act 1984 and creates the offence of knowingly procuring the disclosure of personal computerised data; selling such personal data also constitutes an offence which includes offers for sale such as advertisements. These measures have been taken in order to curtail the activities of private firms whose

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agents have been known to impersonate persons entitled to such information in order to obtain, inter alia, bank balances and medical records. Offences under s. 161 are punishable by a fine not exceeding £5,000 when tried summarily, or an unlimited fine when tried on indictment. Access to Computer Material by Law Enforcement Officers Section 162 amends the Computer Misuse Act 1990 and now clarifies that law enforcement officers are authorised to have access to computer material if consent is withheld by virtue of a message in the program. Closed-Circuit Television by Local Authorities Section 163 covers the institution, maintenance and operation of closed-circuit television by local authorities for the prevention of crime. However, before taking such steps local authorities are obliged to consult their chief officer of police. Extension of Powers of Serious Fraud Office Section 164 now enables the Serious Fraud Office in certain circumtances to provide assistance to authorities outside the UK in respect of investigations into serious or complex fraud. Enforcement of Copyright etc Section 165 remedies a loophole in existing law regarding pirate videos and cassette sound recordings as well as other infringements of copyright in this respect. Trading Standards enforcement officers could only act against such activity under the Trade Descriptions Act 1968 where the packaging of such items misled customers into believing these were authorised recordings. Notwithstanding their major successes in curtailing this illicit trade, it was recently feared that they would be rendered powerless if an appropriate disclaimer was attached to such copyright material. Section 165 now extends powers to Trading Standards officers (previously available only to the police) to enforce the provisions under the Copyright, Designs and Patents Act 1988 which cover infringement of copyright works and the illegal recording of performances. In order to facilitate these duties, powers have been given to them to make test purchases and seize goods. Ticket Touts at Sporting Events Section 166 creates the new arrestable offence of ticket touting. Under this section it is an offence where an unauthorised person sells, offers or exposes for sale, a ticket for a designated football match in public, or elsewhere in the course of a trade or business. Section 166 also enables the Secretary of State to make a statutory instrument extending these provisions (with modifications) to any other sporting event for which at least 6,000 tickets are issued for sale. This offence is triable summarily only and punishable by a fine

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not exceeding £5,000 (refer to fig. 14). Taxi Touts Section 167 also creates a new arrestable offence, namely touting for hire car services. In order to curtail the activity of soliciting passengers for unlicensed taxis, s. 167 provides that it is an offence to solicit persons in public to hire vehicles to carry them as passengers. The touting need not be directed towards any specific vehicle although merely displaying a sign on a vehicle that it is for hire is not an offence. Furthermore, no offence will be committed where soliciting persons to hire licensed taxis is permitted under the Transport Act 1985 (refer to Fig. 15). It will be a defence where the accused can show that he was soliciting for passengers for public service vehicles on the behalf of a holder of a PSV operator’s licence. A person found guilty of an offence under s. 167 will be liable to a maximum penalty of a fine not exceeding £2,500. Grants in Relation to Crime Prevention Section 169 empowers the Home Secretary to make payments or grants as are considered appropriate to persons in pursuance of measures intended to prevent crime or reduce the fear of it. This will be contingent upon Treasury approval. Security Costs at Party Conferences Section 170 provides the Home Secretary (subject to Treasury approval) with the power to pay grants towards expenditure incurred by a qualifying political party relating to the protection of persons or property during conferences. These measures must be certified by the relevant chief officer of police as having been appropriate, and for a political party to qualify for such grants it must, as a result of the 1992 general election, have at least two members in the House of Commons, or if only one member was elected, not less than 150,000 votes were cast in favour of candidates who were members of that party.

Bibliography Bevan and Lidstone, The Investigation of Crime—A Guide to Police Powers (Butterworths, 1991). Card, Criminal Law . 12th Edition (Butterworths, 1992). Card, Public Order: The New Law (Butterworths, 1987). Card and Ward, The Criminal Justice and Public Order Act 1994 (Jordans, 1994). Cooper and Easton, Criminal Justice and Public Order Act 1994-Practitioner’s Guide (Leicestershire Constabulary Training Department, 1994). Criminal Justice and Public Order Act 1994—Introductory Guide (Home Office, 1994). Criminal Justice and Public Order Act 1994 , Ch. 33 (HMSO, 1994). English and Card, Butterworths Police Law . 4th Edition (Butterworths, 1994). Home Office, Police and Criminal Evidence Act 1984 [s. 60(1)(a) and s. 66]. Codes of Practice (HMSO, 1995). Jason-Lloyd, The Criminal Justice Acts—A Basic Guide (ELM Publications, 1995). Jason-Lloyd, The Legal Framework of Police Powers (ELM Publications, 1992). Levenson and Fairweather, Police Powers–A Practitioner’s Guide (Legal Action Group, 1990). Morton, A Guide to the Criminal Justice and Public Order Act 1994 (Butterworths, 1995). National Standards for the Supervision of Offenders in the Community (Home Office, 1995). Smith, Offences Against Public Order (Sweet and Maxwell, 1987). Smith and Hogan, Criminal Law . 7th Edition (Butterworths, 1992). Tain, The Criminal Justice and Public Order Act 1994–A Practical Guide (Longman, 1995). The Magistrates’ Association Sentencing Guide Lines (1993). Wasik and Taylor, Blackstone’s Guide to the Criminal Justice Act 1991 . 2nd Edition (Blackstone Press, 1994). Wasik and Taylor, Blackstone’s Guide to the Criminal Justice and Public Order Act 1994 (Blackstone Press, 1995).

APPENDIX 1 Figures Representing Aspects of the Act Fig. 1

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APPENDIX 2 Criminal Justice and Public Order Act 1994 (SELECTED EXTRACTS)

PART I YOUNG OFFENDERS Secure training orders Secure training orders. 1982 c. 48. 1933 c. 12. 1.—–(1) Subject to section 8(1) of the Criminal Justice Act 1982 and section 53(1) of the Children and Young Persons Act 1933 (sentences of custody for life and long term detention), where— (a) a person of not less than 12 but under 15 years of age is convicted of an imprisonable offence; and (b) the court is satisfied of the matters specified in subsection (5) below, the court may make a secure training order. (2) A secure training order is an order that the offender in respect of whom it is made shall be subject to a period of detention in a secure training centre followed by a period of supervision. (3) The period of detention and supervision shall be such as the court determines and specifies in the order, being not less than six months nor more than two years. (4) The period of detention which the offender is liable to serve under a secure training order shall be one half of the total period specified by the court in making the order. (5) The court shall not make a secure training order unless it is satisfied— (a) that the offender was not less than 12 years of age when the offence for which he is to be dealt with by the court was committed. (b) that the offender has been convicted of three or more imprisonable offences; and (c) that the offender, either on this or a previous occasion—

1969 c. 54. (i) has been found by a court to be in breach of a supervision order under the

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Children and Young Persons Act 1969, or (ii) has been convicted of an imprisonable offence committed whilst he was subject to such a supervision order. 1991 c. 53. (6) A secure training order is a custodial sentence for the purposes of sections 1 to 4 of the Criminal Justice Act 1991 (restrictions etc. as to custodial sentences). (7) Where a court makes a secure training order, it shall be its duty to state in open court that it is of the opinion that the conditions specified in subsection (5) above are satisfied. (9) For the purposes of this section, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence. Secure training orders: provisions as to supplementary detention. 2.—(1) The following provisions apply in relation to a person (“the offender”) in respect of whom a secure training order (“the order”) has been made under section 1. (2) Where accommodation for the offender at a secure training centre is not immediately available— (a) the court may commit the offender to such place and on such conditions— (i) as the Secretary of State may direct, or (ii) as the Secretary of State may arrange with a person to whom this subparagraph applies, and for such period (not exceeding 28 days) as the court may specify or until his transfer to a secure training centre, if earlier; (b) if no such accommodation becomes or will become available before the expiry of the period of the committal the court may, on application, extend the period of committal (subject to the restriction referred to in paragraph (a) above); and (c) the period of detention in the secure training centre under the order shall be reduced by the period spent by the offender in such a place. (4) Where the circumstances of the case require, the Secretary of State may transfer the offender from a secure training centre to such other place and on such conditions— (a) as the Secretary of State may direct, or (b) as the Secretary of State may arrange with a person to whom this paragraph applies; and the period of detention in the secure training centre under the order shall be reduced by the period spent by the offender in such a place. (5) The persons to whom subsections (2)(a)(ii) and (4)(b) apply are local authorities, voluntary organisations and persons carrying on a registered childrens’ home. (6) Where the Secretary of State is satisfied that exceptional circumstances exist which justify the offender’s release on compassionate grounds he may release the offender from

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the secure training centre; and the offender shall, on his release, be subject to supervision for the remainder of the term of the order. Supervision under secure training order. 3.—(1) The following provisions apply as respects the period of supervision of a person (“the offender”) subject to a secure training order. (2) The offender shall be under the supervision of a probation officer, a social worker of a local authority social services department or such other person as the Secretary of State may designate. (3) The category of person to supervise the offender shall be determined from time to time by the Secretary of State. (7) The offender shall be given a notice from the Secretary of State specifying— (a) the category of person for the time being responsible for his supervision; and (b) any requirements with which he must for the time being comply. Breaches of requirements of supervision of persons subject to secure training orders. 4.—(1) Where a secure training order has been made as respects an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 3(7)(b) the justice may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area or, if the information is in writing and on oath, may issue a warrant for the offender’s arrest requiring him to be brought before such a court. (3) If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 3(7)(b) that court may— (a) order the offender to be detained in a secure training centre for such period, not exceeding the shorter of three months or the remainder of the period of the secure training order, as the court may specify, or (b) impose on the offender a fine not exceeding level 3 on the standard scale. Contracting out of secure training centres. 7.—(1) The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any secure training centre or part of a secure training centre.

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Officers of contracted out secure training centres. 8.—(1) Instead of a governor, every contracted out secure training centre shall have— (a) a director, who shall be a custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and (b) a monitor, who shall be a Crown servant appointed by the Secretary of State; and every officer of such a secure training centre who performs custodial duties shall be a custody officer who is authorised to perform such duties or an officer of a directly managed secure training centre who is temporarily attached to the secure training centre. Powers and duties of custody officers employed at contracted out secure training centres. 9.—(1) A custody officer performing custodial duties at a contracted out secure training centre shall have the following powers, namely— (a) to search in accordance with secure training centre rules any offender who is detained in the secure training centre; and (b) to search any other person who is in or who is seeking to enter the secure training centre, and any article in the possession of such a person. (2) The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a custody officer to require a person to remove any of his clothing other than an outer coat, headgear, jacket or gloves. (3) A custody officer performing custodial duties at a contracted out secure training centre shall have the following duties as respects offenders detained in the secure training centre, namely— (a) to prevent their escape from lawful custody; (b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts; (c) to ensure good order and discipline on their part; and (d) to attend to their wellbeing. (4) The powers conferred by subsection (1) above, and the powers arising by virtue of subsection (3) above, shall include power to use reasonable force where necessary. Contracted out functions at secure training directly managed centres. 11.—(1) The Secretary of State may enter into a contract with another person for any functions at a directly managed secure training centre to be performed by custody officers who are provided by that person and are authorised to perform custodial duties.

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Protection of custody officers at secure training centres. 13.—(1) Any person who assaults a custody officer— (a) acting in pursuance of escort arrangements; (b) performing custodial duties at a contracted out secure training centre; or (c) performing contracted out functions at a directly managed secure training centre, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both. (2) Any person who resists or wilfully obstructs a custody officer— (a) acting in pursuance of escort arrangements; (b) performing custodial duties at a contracted out secure training centre; or (c) performing contracted out functions at a directly managed secure training centre, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) For the purposes of this section, a custody officer shall not be regarded as acting in pursuance of escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise). Wrongful disclosure of information relating to offenders detained at secure training centres. 14.—(1) A person who— (a) is or has been employed (whether as a custody officer or otherwise) in pursuance of escort arrangements or at a contracted out secure training centre; or (b) is or has been employed to perform contracted out functions at a directly managed secure training centre, commits an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular offender detained at a secure training centre. (2) A person guilty of an offence under subsection (1) above shall be 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 six months or a fine not exceeding the statutory maximum or both.

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Custodial sentences for young offenders Long term detention of young offenders. 1933 c. 12. 16.—(1) Section 53 of the Children and Young Persons Act 1933 (which provides for the long term detention of children and young persons for certain grave crimes) shall be amended as follows. (2) In subsection (1), for the words after “conditions” there shall be substituted— “— (a) as the Secretary of State may direct, or (b) as the Secretary of State may arrange with any person.”. (3) In subsection (2), for the words from the beginning to the words “and the court” there shall be substituted the following— “(2) Subsection (3) below applies— (a) where a person of at least 10 but not more than 17 years is convicted on indictment of— (i) any offence punishable in the case of an adult with imprisonment for fourteen years or more, not being an offence the sentence for which is fixed by law, or 1956 c. 69. (ii) an offence under section 14 of the Sexual Offences Act 1956 (indecent assault on a woman); (b) where a young person is convicted of—

1988 c. 52. (i) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or (ii) an offence under section 3A of the Road Traffic Act 1988 (causing death by careless driving while under influence of drink or drugs). (3) Where this subsection applies, then, if the court”. (4) For the words from “as the” in subsection (3) to the end of the section there shall be substituted—

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“— (a) as the Secretary of State may direct, or (b) as the Secretary of State may arrange with any person. (4) A person detained pursuant to the directions or arrangements made by the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.”. Maximum length of detention for young offenders. 1982 c. 48. 17.—(1) Section 1B of the Criminal Justice Act 1982 (maximum length of detention in young offender institution for offenders aged 15, 16 or 17 years) shall be amended as follows. (2) In subsection (2)(b), for the words “12 months” there shall be substituted the words “24 months”. (3) In subsection (4), for the words “12 months” there shall be substituted the words “24 months”. (4) In subsection (5), for the words “12 months” in both places where they occur there shall be substituted the words “24 months”. Secure remands for young offenderes, 1969 c. 54. 1991 c. 53. 20. In section 23(5) of the Children and Young Persons Act 1969 (as substituted by section 60 of the Criminal Justice Act 1991) (conditions for imposing a security requirement in case of young persons remanded to local authority accommodation), for the words “young person who has attained the age of fifteen” there shall be substituted the words— (a) “person who has attained the age of fourteen”; (b) “person who has attained the age of thirteen”; or (c) “person who has attained the age of twelve”; but no substitution may be brought into force on more than one occasion. Arrest of young persons in breach of conditions of remand Liability of young persons to arrest for breaking conditions of remand. 1969 c. 54. 23. After section 23 of the Children and Young Persons Act 1969 there shall be inserted the following section— “Liability to arrest for conditions breaking of remand.

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23A.—(1) A person who has been remanded or committed to local authority accommodation and in respect of whom conditions under subsection (7) or (10) of section 23 of this Act have been imposed may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that that person has broken any of those conditions.” Police detention of young persons Detention of arrested juveniles arrested juveniles after charge. 1984 c. 60. 24. In section 38(6) of the Police and Criminal Evidence Act 1984 (detention of arrested juveniles after charge), in paragraph (b), for the words “age of 15 years” there shall be substituted the words “age of 12 years”.

PART II BAIL No bail for defendants charged with or convicted of homicide or rape after previous offences. conviction of such 25.—(1) A person who in any proceedings has been charged with or convicted of an offence to which this section applies in circumstances to which it applies shall not be granted bail in those proceedings. (2) This section applies, subject to subsection (3) below, to the following offences, that is to say— (a) murder; (b) attempted murder; (c) manslaughter; (d) rape; or (e) attempted rape. (3) This section applies to a person charged with or convicted of any such offence only if he has been previously convicted by or before a court in any part of the United Kingdom of any such offence or of culpable homicide and, in the case of a previous conviction of manslaughter or of culpable homicide, if he was then sentenced to imprisonment or, if he was then a child or young person, to long-term detention under any of the relevant enactments. (4) This section applies whether or not an appeal is pending against conviction or sentence. No rights to bail for persons accused or convicted of committing offence while on bail. 1976 c. 63

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26. In Part I of Schedule 1 to the Bail Act 1976 (exceptions to right to bail for imprisonable offences)— (a) after paragraph 2, there shall be inserted the following paragraph— “2A. The defendant need not be granted bail if— (a) the offence is an indictable offence or an offence triable either way; and (b) it appears to the court that he was on bail in criminal proceedings on the date of the offence.”; and (b) in paragraph 9, after the words “paragraph 2” there shall be inserted the words “or 2 A”. Power for police to grant conditional bail to persons charged. 1984 c. 60. 27.—(1) Part IV of the Police and Criminal Evidence Act 1984 (detention of persons, including powers of police to grant bail) shall have effect with the following amendments, that is to say, in section 47 (bail after arrest)— (a) in subsection (1), for the words after “in accordance with” there shall be substituted the words “sections 3, 3A, 5 and 5A of the Bail Act 1976 as they apply to bail granted by a constable”; and (b) after subsection (1) there shall be inserted the following subsection— “(1A) The normal powers to impose conditions of bail shall be available to him where a custody officer releases a person on bail under section 38(1) above (including that subsection as applied by section 40(10) above) but not in any other cases. In this subsection, “the normal powers to impose conditions of bail” has the meaning given in section 3(6) of the Bail Act 1976.”. (2) Section 3 of the Bail Act 1976 (incidents including conditions of bail in criminal proceedings) shall be amended as follows— (a) in subsection (6), the words “(but only by a court)” shall be omitted; (b) at the end of subsection (6) there shall be inserted— “and, in any Act, “the normal powers to impose conditions of bail” means the powers to impose conditions under paragraph (a), (b) or (c) above”; (c) after subsection (9), there shall be inserted the following subsection— “(10) This section is subject, in its application to bail granted by a constable, to section 3 A of this Act.”. (3) After section 3 of the Bail Act 1976 there shall be inserted 1976 c. 63. c. 63. the following section— “Conditions of bail in case of police bail.

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1984 c.60. 3A.—(1) Section 3 of this Act applies, in relation to bail granted by a custody officer under Part IV of the Police and Criminal Evidence Act 1984 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications. (2) Subsection (6) does not authorise the imposition of a requirement to reside in a bail hostel or any requirement under paragraph (d). (3) Subsections (6ZA), (6A) and (6B) shall be omitted. (4) For subsection (8), substitute the following— “(8) Where a custody officer has granted bail in criminal proceedings he or another custody officer serving at the same police station may, at the request of the person to whom it was granted, vary the conditions of bail; and in doing so he may impose conditions or more onerous conditions.”. (5) Where a constable grants bail to a person no conditions shall be imposed under subsections (4), (5), (6) or (7) of section 3 of this Act unless it appears to the constable that it is necessary to do so for the purpose of preventing that person from— (a) failing to surrender to custody, or (b) committing an offence while on bail, or (c) interfering with witnesses or otherwise obstructing the course of justice, whether in relation to himself or any other person. (6) Subsection (3) above also applies on any request to a custody officer under subsection (8) of section 3 of this Act to vary the conditions of bail.”. (4) The further amendments contained in Schedule 3 to this Act shall have effect. Police detention after charge. 28.—(1) Section 38 of the Police and Criminal Evidence Act 1984 (which requires an arrested person charged with an offence to be released except in specified circumstances) shall be amended as follows. (2) In subsection (1)(a), for sub-paragraphs (ii) and (iii) there shall be substituted the following sub-paragraphs— “(ii) the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail; (iii) in the case of a person arrested for an imprisonable offence the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing the offence; (iv) in the case of a person arrested for an offence which is not an imprisonable offence, the custody officer has reasonable grounds for believing

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that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property; (v) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence; or (vi) the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;”. Power for police to arrest for failure to answer to police bail. 1984 c. 60. 29.—(1) Part IV of the Police and Criminal Evidence Act 1984 (detention of persons, including powers of police to grant bail) shall be amended as follows. (2) After section 46 there shall be inserted the following section— “Power of arrest for failure to answer to police bail. 46A.—(1) A constable may arrest without a warrant any person who, having been released on bail under this Part of this Act subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for him to do so. Reconsideration of decisions granting bail. 1976 c. 63. 30. After the section 5A of the Bail Act 1976 inserted by Schedule 3 to this Act there shall be inserted the following section— “Reconsiderations of decisions granting bail. 5B.—(1) Where a magistrates’ court has granted bail in criminal proceedings in connection with an offence, or proceedings for an offence, to which this section applies or a constable has granted bail in criminal proceedings in connection with proceedings for such an offence, that court or the appropriate court in relation to the constable may, on application by the prosecutor for the decision to be reconsidered,— (a) vary the conditions of bail, (b) impose conditions in respect of bail which has been granted unconditionally, or (c) withhold bail. (2) The offences to which this section applies are offences triable on indictment and offences triable either way.

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(3) No application for the reconsideration of a decision under this section shall be made unless it is based on information which was not available to the court or constable when the decision was taken. (5) Where the decision of the court on a reconsideration under this section is to withhold bail from the person to whom it was originally granted the court shall— (a) if that person is before the court, remand him in custody, and (b) if that person is not before the court, order him to surrender himself forthwith into the custody of the court. (6) Where a person surrenders himself into the custody of the court in compliance with an order under subsection (5) above, the court shall remand him in custody. (7) A person who has been ordered to surrender to custody under subsection (5) above may be arrested without warrant by a constable if he fails without reasonable cause to surrender to custody in accordance with the order.

PART III COURSE OF JUSTICE: EVIDENCE, PROCEDURE, ETC. Imputations on character Imputations on character. 1898 c. 36. 31. In section 1 of the Criminal Evidence Act 1898 there shall beinserted at the end of sub-paragraph (ii) of paragraph (f) the words “the deceased victim of the alleged crime; or”. Corroboration Abolition of corroboration rules. 32.—(1) Any requirement whereby at a trial indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a person merely because that person is— (a) an alleged accomplice of the accused, or (b) where the offence charged is a sexual offence, the person in respect of whom it is alleged to have been committed, is hereby abrogated. 1988 c. 33.

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(2) In section 34(2) of the Criminal Justice Act 1988 (abolition of requirement of corroboration warning in respect of evidence of a child) the words from “in relation to” to the end shall be omitted. (3) Any requirement that— (a) is applicable at the summary trial of a person for an offence, and (b) corresponds to the requirement mentioned in subsection (1) above or that mentioned in section 34(2) of the Criminal Justice Act 1988, is hereby abrogated. Abolition of corroboration requirements under Sexual Offences Act 1956. 1956 c. 69. 33.—(1) The following provisions of the Sexual Offences Act 1956 (which provide that a person shall not be convicted of the offence concerned on the evidence of one witness only unless the witness is corroborated) are hereby repealed— (a) section 2(2) (procurement of woman by threats), (b) section 3(2) (procurement of woman by false pretences), (c) section 4(2) (administering drugs to obtain or facilitate intercourse), (d) section 22(2) (causing prostitution of women), and (e) section 23(2) (procuration of girl under twenty-one). Inferences from accused’s silence Effect of accused’s failure to mention facts when questioned or charged. 34.—(1) Where, in any proceedings against a person for an offence, evidence is given that the accused— (a) at any time be fore he was charged with the offence, on being questioned under caution by a constable trying to discover whether or by whom the offence had been committed, failed to mention any fact relied on in his defence in those proceedings; or (b) on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, subsection (2) below applies. (2) Where this subsection applies—

1980 c. 43.

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(a) a magistrates’ court, in deciding whether to grant an application for dismissal made by the accused under section 6 of the Magistrates’ Courts Act 1980 (application for dismissal of charge in course of proceedings with a view to transfer for trial); (b) a judge, in deciding whether to grant an application made by the accused under— 1987 c. 38. (i) section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or 1991 c. 53. (ii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); (c) the court, in determining whether there is a case to answer; and (d) the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper. (3) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention. (4) This section applies in relation to questioning by persons (other than constables) charged with the duty of investigating offences or charging offenders as it applies in relation to questioning by constables; and in subsection (1) above “officially informed” means informed by a constable or any such person. (5) This section does not— (a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from this section; or (b) preclude the drawing of any inference from any such silence or other reaction of the accused which could properly be drawn apart from this section. Effect of accused’s silence at trial. 35.—(1) At the trial of any person who has attained the age of fourteen years for an offence, subsections (2) and (3) below apply unless— (a) the accused’s guilt is not in issue; or (b) it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence;

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but subsection (2) below does not apply if, at the conclusion of the evidence for the prosecution, his legal representative informs the court that the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence. (2) Where this subsection applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question. (3) Where this subsection applies, the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question. (4) This section does not render the accused compellable to give evidence on his own behalf, and he shall accordingly not be guilty of contempt of court by reason of a failure to do so. (5) For the purposes of this section a person who, having been sworn, refuses to answer any question shall be taken to do so without good cause unless— (a) he is entitled to refuse to answer the question by virtue of any enactment, whenever passed or made, or on the ground of privilege; or (b) the court in the exercise of its general discretion excuses him from answering it. Effect of accused’s failure or refusal to account for objects, substances or marks. 36.–(1) Where— (a) a person is arrested by a constable, and there is— (i) on his person; or (ii) in or on his clothing or footwear; or (iii) otherwise in his possession; or (iv) in any place in which he is at the time of his arrest, any object, substance or mark, or there is any mark on any such object; and (b) that or another constable investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the participation of the person arrested in the commission of an offence specified by the constable; and (c) the constable informs the person arrested that he so believes, and requests him to account for the presence of the object, substance or mark; and (d) the person fails or refuses to do so, then if, in any proceedings against the person for the offence so specified, evidence of those matters is given, subsection (2) below applies.

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(2) Where this subsection applies—

1980 c. 43. (a) a magistrates’ court, in deciding whether to grant an application for dismissal made by the accused under section 6 of the Magistrates’ Courts Act 1980 (application for dismissal of charge in course of proceedings with a view to transfer for trial); (b) a judge, in deciding whether to grant an application made by the accused under—

1987 c. 38 (i) section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or 1991 c. 53 (ii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); (c) the court, in determining whether there is a case to answer; and (d) the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper. (3) Subsections (1) and (2) above apply to the condition of clothing or footwear as they apply to a substance or mark thereon. (4) Subsections (1) and (2) above do not apply unless the accused was told in ordinary language by the constable when making the request mentioned in subsection (1)(c) above what the effect of this section would be if he failed or refused to comply with the request. (5) This section applies in relation to officers of customs and excise as it applies in relation to constables. (6) This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition of clothing or footwear which could properly be drawn apart from this section. Effect of accused’s failure or refusal to account for presence at a particular place. 37.–(1) Where— (a) a person arrested by a constable was found by him at a place at or about the time the offence for which he was arrested is alleged to have been committed; and

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(b) that or another constable investigating the offence reasonably believes that the presence of the person at that place and at that time may be attributable to his participation in the commission of the offence; and (c) the constable informs the person arrested that he so believes, and requests him to account for that presence; and (d) the person fails or refuses to do so, then if, in any proceedings against the person for the offence, evidence of those matters is given, subsection (2) below applies. (2) Where this subsection applies—

1980 c. 43. (a) a magistrates’ court, in deciding whether to grant an application for dismissal made by the accused under section 6 of the Magistrates’ Courts Act 1980 (application for dismissal of charge in course of proceedings with a view to transfer for trial); (b) a judge, in deciding whether to grant an application made by the accused under— 1987 c. 38. (i) section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or 1991 c. 53. (ii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); (c) the court, in determining whether there is a case to answer; and (d) the court or jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper. (3) Subsections (1) and (2) do not apply unless the accused was told in ordinary language by the constable when making the request mentioned in subsection (1)(c) above what the effect of this section would be if he failed or refused to comply with the request. (4) This section applies in relation to officers of customs and excise as it applies in relation to constables. (5) This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for his presence at a place which could properly be drawn apart from this section.

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Juries Disqualification for jury service of persons on bail in criminal proceedings. 1976 c. 63. 40.—(1) A person who is on bail in criminal proceedings shall not be qualified to serve as a juror in the Crown Court. Jury service: disabled persons. 1974 c. 23. 41. After section 9A of the Juries Act 1974 there shall be inserted the following section— “Discharge of summonses to disabled persons only if incapable of acting effectively as a juror. 9B.—(1) Where it appears to the appropriate officer, in the case of a person attending in pursuance of a summons under this Act, that on account of physical disability there is doubt as to his capacity to act effectively as a juror, the person may be brought before the judge. (2) The judge shall determine whether or not the person should act as a juror; but he shall affirm the summons unless he is of the opinion that the person will not, on account of his disability, be capable of acting effectively as a juror, in which case he shall discharge the summons.”. Jury service: excusal on religious grounds. 42. In Schedule 1 to the Juries Act 1974, in Part III (Persons excusable as of right), after the entry entitled Medical and other similar professions, there shall be inserted the following— “Members of certain religious bodies A practising member of a religious society or order the tenets or beliefs of which are incompatible with jury service.”. Separation of jury during consideration of verdict. 43.—(1) For section 13 of the Juries Act 1974 (under which a jury may be allowed to separate at any time before they consider their verdict) there shall be substituted—

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“Separation. 13. If, on the trial of any person for an offence on indictment, the court thinks fit, it may at any time (whether before or after the jury have been directed to consider their verdict) permit the jury to separate.”. (2) The amendment made by subsection (1) above shall not have effect in relation to a trial where a direction to the jury to consider their verdict has been given before the commencement of this section. Procedure, jurisdiction and powers of magistrates’ courts Transfer for trial instead of committal proceedings. 44.—(1) The functions of a magistrates’ court as examining justices are hereby abolished. 1980 c. 43. (2) The provisions set out in Part I of Schedule 4 to this Act as sections 4 to 8C of the Magistrates’ Courts Act 1980 shall be substituted for sections 4 to 8 of that Act (which provide for the functions of magistrates’ courts as examining justices). (3) The amendments specified in Part II of that Schedule shall also have effect. Extension of procedures enabling courts to deal with magistrates’ cases in which accused pleads guilty. 45. The amendments to the Magistrates’ Courts Act 1980 specified in Schedule 5 (being amendments designed principally to extend the procedures applicable in magistrates’ courts when the accused pleads guilty) shall have effect. Criminal damage, etc. as summary offence: relevant sum. 46.—(1) In subsection (1) of section 22 of the Magistrates’ Courts Act 1980 (under which, where an offence of or related to criminal damage or, in certain circumstances, an offence of aggravated vehicle-taking, is charged and it appears clear to the magistrates’ court that the value involved does not exceed the relevant sum, the court is to proceed as if the offence were triable only summarily), for “£2,000” there shall be substituted “£5,000”. Sentencing: guilty pleas Reduction in sentences for guilty pleas.

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48.—(1) In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court a court shall take into account— (a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and (b) the circumstances in which this indication was given. (2) If, as a result of taking into account any matter referred to in subsection (1) above, the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, it shall state in open court that it has done so. Publishing of reports in young offender cases Restrictions on reports of proceedings in which children or young persons are concerned. 1933 c. 12 49. For section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned) there shall be substituted— “Restrictions on reports of proceedings in which children or young persons are concerned. 49.—(1) The following prohibitions apply (subject to subsection (5) below) in relation to any proceedings to which this section applies, that is to say— (a) no report shall be published which reveals the name, address or school of any child or young person concerned in the proceedings or includes any particulars likely to lead to the identification of any child or young person concerned in the proceedings; and (b) no picture shall be published or included in a programme service as being or including a picture of any child or young person concerned in the proceedings. (2) The proceedings to which this section applies are— (a) proceedings in a youth court; (b) proceedings on appeal from a youth court (including proceedings by way of case stated); 1969 c. 54. (c) proceedings under section 15 or 16 of the Children and Young Persons Act 1969 (proceedings for varying or revoking supervision orders); and (d) proceedings on appeal from a magistrates’ court arising out of proceedings under section 15 or 16 of that Act (including proceedings by way of case stated).

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(3) The reports to which this section applies are reports in a newspaper and reports included in a programme service; and similarly as respects pictures. (4) For the purposes of this section a child or young person is “concerned” in any proceedings whether as being the person against or in respect of whom the proceedings are taken or as being a witness in the proceedings. (5) Subject to subsection (7) below, a court may, in relation to proceedings before it to which this section applies, by order dispense to any specified extent with the requirements of this section in relation to a child or young person who is concerned in the proceedings if it is satisfied— (a) that it is appropriate to do so for the purpose of avoiding injustice to the child or young person; or (b) that, as respects a child or young person to whom this paragraph applies who is unlawfully at large, it is necessary to dispense with those requirements for the purpose of apprehending him and bringing him before a court or returning him to the place in which he was in custody. (6) Paragraph (b) of subsection (5) above applies to any child or young person who is charged with or has been convicted of— (a) a violent offence, (b) a sexual offence, or (c) an offence punishable in the case of a person aged 21 or over with imprisonment for fourteen years or more. (7) The court shall not exercise its power under subsection (5)(b) above— (a) except in pursuance of an application by or on behalf of the Director of Public Prosecutions; and (b) unless notice of the application has been given by the Director of Public Prosecutions to any legal representative of the child or young person. (8) The court’s power under subsection (5) above may be exercised by a single justice. (9) If a report or picture is published or included in a programme service in contravention of subsection (1) above, the following persons, that is to say— (a) in the case of publication of a written report or a picture as part of a newspaper, any proprietor, editor or publisher of the newspaper; (b) in the case of the inclusion of a report or picture in a programme service, any body corporate which provides the service and any person having functions in relation to the programme corresponding to those of an editor of a newspaper, shall be liable on summary conviction of a fine not exceeding level 5 on the standard scale. 1969 c. 54. (10) In any proceedings under section 15 or 16 of the Children and Young Persons Act

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1969 (proceedings for varying or revoking supervision orders) before a magistrates’ court other than a youth court or on appeal from such a court it shall be the duty of the magistrates’ court or the appellate court to announce in the course of the proceedings that this section applies to the proceedings; and if the court fails to do so this section shall not apply to the proceedings. Child testimony video recordings of testimony from child witnesses 1988 c. 33. 50. In section 32A of the Criminal Justice Act 1988, in subsection (5)(b) the word “adequately” shall be inserted after the words“dealt with” Intimidation, etc., of witnesses, jurors and others Intimidation, etc., of witnesses, jurors and others. 51.—(1) A person who does to another person— (a) an act which intimidates, and is intended to intimidate, that other person; (b) knowing or believing that the other person is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence; and (c) intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with, commits an offence. (2) A person who does or threatens to do to another person— (a) an act which harms or would harm, and is intended to harm, that other person; (b) knowing or believing that the other person, or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence; and (c) does or threatens to do the act because of what (within paragraph (b)) he knows or believes, commits an offence. (3) A person does an act “to” another person with the intention of intimidating, or (as the case may be) harming, that other person not only where the act is done in the presence of that other and directed at him directly but also where the act is done to a third person and is intended, in the circumstances, to intimidate or (as the case may be) harm the person at whom the act is directed. (4) The harm that may be done or threatened may be financial as well as physical

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(whether to the person or a person’s property) and similarly as respects an intimidatory act which consists of threats. (5) The intention required by subsection (1)(c) and the motive required by subsection (2)(c) above need not be the only or the predominating intention or motive with which the act is done or, in the case of subsection (2), threatened. (6) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both; (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. (7) If, in proceedings against a person for an offence under subsection (1) above, it is proved that he did an act falling within paragraph (a) with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the intention required by paragraph (c) of that subsection. (8) If, in proceedings against a person for an offence under subsection (2) above, it is proved that he did or threatened to do an act falling within paragraph (a) within the relevant period with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the motive required by paragraph (c) of that subsection. (9) In this section— “the relevant period”—

1968 c. 19. (a) in relation to a witness or juror in any proceedings for an offence, means the period beginning with the institution of the proceedings and ending with the first anniversary of the conclusion of the trial or, if there is an appeal or reference under section 17 of the Criminal Appeal Act 1968, of the conclusion of the appeal; (b) in relation to a person who has, or is believed by the accused to have, assisted in an investigation into an offence, but was not also a witness in proceedings for an offence, means the period of one year beginning with any act of his, or any act believed by the accused to be an act of his, assisting in the investigation; and (c) in relation to a person who both has, or is believed by the accused to have, assisted in the investigation into an offence and was a witness in proceedings for the offence, means the period beginning with any act of his, or any act believed by the accused to be an act of his, assisting in the investigation and ending with the anniversary mentioned in paragraph (a) above. (11) This section is in addition to, and not in derogation of, any offence subsisting at common law.

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PART IV POLICE POWERS Powers of police to take body samples Powers of police to take intimate body samples. 1984 c. 60. 54.—(1) Section 62 of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall be amended as follows. (2) After subsection (1) there shall be inserted the following subsection— “(1A) An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more nonintimate samples suitable for the same means of analysis have been taken which have proved insufficient— (a) if a police officer of at least the rank of superintendent authorises it to be taken; and (b) if the appropriate consent is given.”. (3) In subsection (2)— (a) after the word “authorisation” there shall be inserted the words “under subsection (1) or (1A) above”, and (b) in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “recordable offence”. (4) In subsection (3), after the words “subsection (1)” there shall be inserted the words “or (1A)”. (5) In subsection (9)— (a) for the words “or saliva” there shall be substituted the words “or a dental impression”; and (b) at the end there shall be inserted the words “and a dental impression may only be taken by a registered dentist”. Powers of police to take non-intimate body samples. 55.—(1) Section 63 of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall be amended as follows. (2) After subsection (3), there shall be inserted the following subsections— “(3A) A non-intimate sample may be taken from a person (whether or not he falls within subsection (3)(a) above) without the appropriate consent if— (a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and

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(b) either he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police or he has had a non-intimate sample taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient. (3B) A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable offence.”. (3) In subsection (4), in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “recordable offence”. (4) After subsection (8), there shall be inserted the following subsection— “(8A) In a case where by virtue of subsection (3A) or (3B) a sample is taken from a person without the appropriate consent— (a) he shall be told the reason before the sample is taken; and (b) the reason shall be recorded as soon as practicable after the sample is taken.”. Fingerprints and samples: supplementary provisions. 1984 c. 60. 56. The following section shall be inserted after section 63 of the Police and Criminal Evidence Act 1984— “Fingerprints and samples: supplementary provisions. 63A.—(1) Fingerprints or samples or the information derived from samples taken under any power conferred by this Part of this Act from a person who has been arrested on suspicion of being involved in a recordable offence may be checked against other fingerprints or samples or the information derived from other samples contained in records held by or on behalf of the police or held in connection with or as a result of an investigation of an offence. (2) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample. (3) Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the Prison Act 1952 applies. 1952 c. 52. (4) Any constable may, within the allowed period, require a person who is neither in police detention nor held in custody by the police on the authority of a court to attend a police station in order to have a sample taken where— (a) the person has been charged with a recordable offence or informed that he will be reported for such an offence and either he has not had a sample taken from him in the

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course of the investigation of the offence by the police or he has had a sample so taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient; or (b) the person has been convicted of a recordable offence and either he has not had a sample taken from him since the conviction or he has had a sample taken from him (before or after his conviction) but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient. (5) The period allowed for requiring a person to attend a police station for the purpose specified in subsection (4) above is— (a) in the case of a person falling within paragraph (a), one month beginning with the date of the charge or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be; (b) in the case of a person falling within paragraph (b), one month beginning with the date of the conviction or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be. (6) A requirement under subsection (4) above— (a) shall give the person at least 7 days within which he must so attend; and (b) may direct him to attend at a specified time of day or between specified times of day. (7) Any constable may arrest without a warrant a person who has failed to comply with a requirement under subsection (4) above.”. Samples: intimate and non-intimate ect 58.—(1) Section 65 of the Police and Criminal Evidence Act 1984 (which contains definitions of intimate and non-intimate samples and other relevant definitions) shall be amended as follows. (2) For the definition of “intimate sample” there shall be substituted— ““intimate sample” means— (a) a sample of blood, semen or any other tissue fluid, urine or pubic hair; (b) a dental impression; (c) a swab taken from a person’s body orifice other than the mouth;”. (3) For the definition of “non-intimate sample” there shall be substituted— ““non-intimate sample” means— (a) a sample of hair other than pubic hair; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part of a person’s body including the mouth but not any other body orifice; (d) saliva;

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(e) a footprint or a similar impression of any part of a person’s body other than a part of his hand;”. (4) After the definition of “non-intimate sample” there shall be inserted the following definitions— “speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above; “sufficient” and “insufficient”, in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.”. Extension of powers to search persons’ mouths. 1984 c. 60. 59.—(1) In section 65 of the Police and Criminal Evidence Act 1984 (definitions for purposes of Part V: treatment of persons by police), after the definition of “intimate sample” there shall be inserted the following definition— ““intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth”. (2) In Section 32 of that Act (powers of search upon arrest), in subsection (4), at the end, there shall be inserted “but they do authorise a search of a person’s mouth”. Powers of police to stop and search Powers to stop and search in anticipation of violence. 60.—(1) Where a police officer of or above the rank of superintendent reasonably believes that— (a) incidents involving serious violence may take place in any locality in his area, and (b) it is expedient to do so to prevent their occurrence, he may give an authorisation that the powers to stop and search persons and vehicles conferred by this section shall be exercisable at any place within that locality for a period not exceeding twenty four hours. (2) The power conferred by subsection (1) above may be exercised by a chief inspector or an inspector if he reasonably believes that incidents involving serious violence are imminent and no superintendent is available. (3) If it appears to the officer who gave the authorisation or to a superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to

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have, been committed in connection with any incident falling within the authorisation, he may direct that the authorisation shall continue in being for a further six hours. (4) This section confers on any constable in uniform power— (a) to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments; (b) to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments. (5) A constable may, in the exercise of those powers, stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind. (6) If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it. (7) This section applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles. (8) A person who fails to stop or (as the case may be) to stop the vehicle when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both. (9) Any authorisation under this section shall be in writing signed by the officer giving it and shall specify the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. (10) Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped and similarly as respects a pedestrian who is stopped and searched under this section.

PART V PUBLIC ORDER: COLLECTIVE TRESPASS OR NUISANCE ON LAND Powers to remove trespassers on land Power to remove trespassers on land. 61.—(1) If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and— (a) that any of those persons has caused damage to the land or to property on the land or

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used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or (b) that those persons have between them six or more vehicles on the land, he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land. (2) Where the persons in question are reasonably believed by the senior police officer to be persons who were not originally trespassers but have become trespassers on the land, the officer must reasonably believe that the other conditions specified in subsection (1) are satisfied after those persons became trespassers before he can exercise the power conferred by that subsection. (3) A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene. (4) If a person knowing that a direction under subsection (1) above has been given which applies to him— (a) fails to leave the land as soon as reasonably practicable, or (b) having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given, he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. (5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. (6) In proceedings for an offence under this section it is a defence for the accused to show— (a) that he was not trespassing on the land, or (b) that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land as a trespasser. (7) In its application in England and Wales to common land this section has effect as if in the preceding subsections of it— (a) references to trespassing or trespassers were references to acts and persons doing acts which constitute either a trespass as against the occupier or an infringement of the commoners’ rights; and (b) references to “the occupier” included the commoners or any of them or, in the case of common land to which the public has access, the local authority as well as any commoner. (8) Subsection (7) above does not— (a) require action by more than one occupier; or (b) constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier. (9) In this section

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“land” does not include— (a) buildings other than—

1988 c. 41. 1956 c. 60. (i) agricultural buildings within the meaning of, in England and Wales, paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988 or, in Scotland, section 7(2) of the Valuation and Rating (Scotland) act 1956, or 1979 c. 46. (ii) scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979; (b) land forming part of—

1981 c. 69. 1980 c. 66. 1984 c. 38. (i) a highway unless it falls within the classifications in section 54 of the Wildlife and Countryside Act 1981 (footpath, bridleway or byway open to all traffic or road used as a public path) or is a cycle track under the Highways Act 1980 or the Cycle Tracks Act 1984; or 1984 c. 54. 1967 c. 86. (ii) a road within the meaning of the Roads (Scot- land) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967; and “damage” includes the deposit of any substance capable of polluting the land; “vehicle” includes— (a) any vehicle, whether or not it is in a fit state for use on roads, and includes any

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chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; and 1960 c. 62. (b) a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960; and a person may be regarded for the purposes of this section as having a purpose of residing in a place notwithstanding that he has a home elsewhere. Supplementary powers of seizure. 62.—(1) If a direction has been given under section 61 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse— (a) failed to remove any vehicle on the land which appears to the constable to belong to him or to be in his possession or under his control; or (b) entered the land as a trespasser with a vehicle within the period of three months beginning with the day on which the direction was given, the constable may seize and remove that vehicle. Powers in relation to raves Powers to remove persons attending or preparing for a rave. 63.—(1) This section applies to a gathering on land in the open air of 100 or more persons (whether or not trespassers) at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality; and for this purpose— (a) such a gathering continues during intermissions in the music and, where the gathering extends over several days, throughout the period during which amplified music is played at night (with or without intermissions); and (b) “music” includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats. (2) If, as respects any land in the open air, a police officer of at least the rank of superintendent reasonably believes that— (a) two or more persons are making preparations for the holding there of a gathering to which this section applies, (b) ten or more persons are waiting for such a gathering to begin there, or

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(c) ten or more persons are attending such a gathering which is in progress, he may give a direction that those persons and any other persons who come to prepare or wait for or to attend the gathering are to leave the land and remove any vehicles or other property which they have with them on the land. (3) A direction under subsection (2) above, if not communicated to the persons referred to in subsection (2) by the police officer giving the direction, may be communicated to them by any constable at the scene. (4) Persons shall be treated as having had a direction under subsection (2) above communicated to them if reasonable steps have been taken to bring it to their attention. (5) A direction under subsection (2) above does not apply to an exempt person. (6) If a person knowing that a direction has been given which applies to him— (a) fails to leave the land as soon as reasonably practicable, or (b) having left again enters the land within the period of 7 days beginning with the day on which the direction was given, he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. (7) In proceedings for an offence under this section it is a defence for the accused to show that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land. (8) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. (9) This section does not apply— (a) in England Wales, to a gathering licensed by an entertainment licence. (10) In this section— “exempt person”, in relation to land (or any gathering on land), means the occupier, any member of his family and any employee or agent of his and any person whose home is situated on the land; “land in the open air” includes a place partly open to the air; Supplementary powers of entry and seizure. 64.—(1) If a police officer of at least the rank of superintendent reasonably believes that circumstances exist in relation to any land which would justify the giving of a direction under section 63 in relation to a gathering to which that section applies he may authorise any constable to enter the land for any of the purposes specified in subsection (2) below. (2) Those purposes are— (a) to ascertain whether such circumstances exist; and (b) to exercise any power conferred on a constable by section 63 or subsection (4) below. (3) A constable who is so authorised to enter land for any purpose may enter the land without a warrant.

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(4) If a direction has been given under section 63 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse— (a) failed to remove any vehicle or sound equipment on the land which appears to the constable to belong to him or to be in his possession or under his control; or (b) entered the land as a trespasser with a vehicle or sound equipment within the period of 7 days beginning with the day on which the direction was given, the constable may seize and remove that vehicle or sound equipment. (5) Subsection (4) above does not authorise the seizure of any vehicle or sound equipment of an exempt person. Raves: power to stop persons from proceeding. 65.—(1) If a constable in uniform reasonably believes that a person is on his way to a gathering to which section 63 applies in relation to which a direction under section 63(2) is in force, he may, subject to subsections (2) and (3) below— (a) stop that person, and (b) direct him not to proceed in the direction of the gathering. (2) The power conferred by subsection (1) above may only be exercised at a place within 5 miles of the boundary of the site of the gathering. (3) No direction may be given under subsection (1) above to an exempt person. (4) If a person knowing that a direction under subsection (1) above has been given to him fails to comply with that direction, he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. Power of court to forfeit sound equipment. 66.—(1) Where a person is convicted of an offence under section 63 in relation to a gathering to which that section applies and the court is satisfied that any sound equipment which has been seized from him under section 64(4), or which was in his possession or under his control at the relevant time, has been used at the gathering the court may make an order for forfeiture under this subsection in respect of that property. (2) The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment. (3) In considering whether to make an order under subsection (1) above in respect of any property a court shall have regard— (a) to the value of the property; and (b) to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making).

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(4) An order under subsection (1) above shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police. (5) Except in a case to which subsection (6) below applies, where any property has been forfeited under subsection (1) above, a magistrates’ court may, on application by a claimant of the property, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the property to the applicant if it appears to the court that he is the owner of the property. (7) No application shall be made under subsection (5), or by virtue of subsection (6), above by any claimant of the property after the expiration of 6 months from the date on which an order under subsection (1) above was made in respect of the property. (8) No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the property or that he did not know, and had no reason to suspect, that the property was likely to be used at a gathering to which section 63 applies. (9) An order under subsection (5), or by virtue of subsection (6), above shall not affect the right of any person to take, within the period of 6 months from the date of an order under subsection (5), or as the case may be by virtue of subsection (6), above, proceedings for the recovery of the property from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease. (10) The Secretary of State may make regulations for the disposal of property, and for the application of the proceeds of sale of property, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5), or by virtue of subsection (6), above has been made within the period specified in subsection (7) above or no such application has succeeded. (11) The regulations may also provide for the investment of money and for the audit of accounts. Retention and charges for seized property Retention and charges for seized property. 67.—(1) Any vehicles which have been seized and removed by a constable under section 62(1) or 64(4) may be retained in accordance with regulations made by the Secretary of State under subsection (3) below. (2) Any sound equipment which has been seized and removed by a constable under section 64(4) may be retained until the conclusion of proceedings against the person from whom it was seized for an offence under section 63. (3) The Secretary of State may make regulations— (a) regulating the intention and safe keeping and the disposal and the destruction in prescribed circumstances of vehicles;and (b) prescribing charges in respect of the removal, retention, disposal and destruction of vehicles.

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(4) Any authority shall be entitled to recover from a person from whom a vehicle has been seized such charges as may be prescribed in respect of the removal, retention, disposal and destruction of the vehicle by the authority. (7) Any authority having custody of vehicles under regulations under subsection (3) above shall be entitled to retain custody until any charges under subsection (4) are paid. Disruptive trespassers Offence of aggravated trespass. 68.—(1) A person commits the offence of aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land in the open air, does there anything which is intended by him to have the effect— (a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity. (b) of obstructing that activity, or (c) of disrupting that activity. (2) Activity on any occasion on the part of a person or persons on land is “lawful” for the purpose of this section if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land. (3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. (4) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. (5) In this section “land” does not include— (a) the highways and roads excluded from the application of section 61 by paragraph (b) of the definition of “land” in subsection (9) of that section; or S.I. 1993/3160 (N.I. 15). (b) a road within the meaning of the Roads (Northern Ireland) Order 1993. Powers to remove persons committing or participating in aggravated trespass. 69.—(1) If the senior police officer present at the scene reasonably believes— (a) that a person is committing, has committed or intends to commit the offence of aggravated trespass on land in the open air; or (b) that two or more persons are trespassing on land in the open air and are present there

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with the common purpose of intimidating persons so as to deter them from engaging in a lawful a ctivity or of obstructing or disrupting a lawful activity, he may direct that person or (as the case may be) those persons (or any of them) to leave the land. (2) A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene. (3) If a person knowing that a direction under subsection (1) above has been given which applies to him— (a) fails to leave the land as soon as practicable, or (b) having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given, he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. (4) In proceedings for an offence under subsection (3) it is a defence for the accused to show— (a) that he was not trespassing on the land, or (b) that he had a reasonable excuse for failing to leave the land as soon as practicable or, as the case may be, for again entering the land as a trespasser. (5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. Trespassory assemblies Trespassory assemblies. 1986 c. 64. 70. In Part II of the Public Order Act 1986 (processions and assemblies), after section 14, there shall be inserted the following sections— “Prohibiting trespassory assemblies. 14A.—(1) If at any time the chief officer of police reasonably believes that an assembly is intended to be held in any district at a place on land to which the public has no right of access or only a limited right of access and that the assembly— (a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public’s right of access, and (b) may result—

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(i) in serious disruption to the life of the community, or (ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument, he may apply to the council of the district for an order prohibiting for a specified period the holding of all trespassory assemblies in the district or a part of it, as specified. (2) On receiving such an application, a council may— (a) in England and Wales, with the consent of the Secretary of State make an order either in the terms of the application or with such modifications as may be approved by the Secretary of State; or (b) in Scotland, make an order in the terms of the application. (3) Subsection (1) does not apply in the City of London or the metropolitan police district. (4) If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that an assembly is intended to be held at a place on land to which the public has no right of access or only a limited right of access in his police area and that the assembly— (a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public’s right of access, and (b) may result— (i) in serious disruption to the life of the community, or (ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument, he may with the consent of the Secretary of State make order prohibiting for a specified period the holding of all trespassory assemblies in the area or a part of it, as specified. (5) An order prohibiting the holding of trespassory assemblies operates to prohibit any assembly which— (a) is held on land to which the public has no right of access or only a limited right of access, and (b) takes place in the prohibited circumstances, that is to say, without the permission of the occupier of the land or so as to exceed the limits of any permission of his or the limits of the public’s right of access. (6) No order under this section shall prohibit the holding of assemblies for a period exceeding 4 days or in an area exceeding an area represented by a circle with a radius of 5 miles from a specified centre. (7) An order made under this section may be revoked or varied by a subequent order made in the same way, that is, in accordance with subsection (1) and (2) or subsection (4), as the case may be. (8) Any order under this section shall, if not made in writing, be recorded in writing as

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soon as practicable after being made. (9) In this section and sections 14B and 14C— “assembly” means an assembly of 20 or more persons; “land” means land in the open air; “limited”, in relation to a right of access by the public to land, means that their use of it is restricted to use for a particular purpose (as in the case of a highway or road) or is subject to other restrictions. Offences in connection with trespassory assemblies and arrest therefor. 14B.—(1) A person who organises an assembly the holding of which he knows is prohibited by an order under section 14 A is guilty of an offence. (2) A person who takes part in an assembly which he knows is prohibited by an order under section 14A is guilty of an offence. (3) In England and Wales, a person who incites another to commit an offence under subsection (2) is guilty of an offence. (4) A constable in uniform may arrest without a warrant anyone he reasonably suspects to be committing an offence under this section. (5) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (6) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 1980 c.43. (7) A person guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, not-withstanding section 45(3) of the Magistrates’ Courts Act 1980. Trespassory assemblies: power to stop persons from proceeding. 1986 c. 64. 71. After the section 14B inserted by section 70 in the Public Order Act 1986 there shall be inserted the following section— “Stopping persons from proceeding to trespassory assemblies. 14C.—(1) If a constable in uniform reasonably believes that a person is on his way to an assembly within the area to which an order under section 14A applies which the constable reasonably believes is likely to be an assembly which is prohibited by that

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order, he may, subject to subsection (2) below— (a) stop that person, and (b) direct him not to proceed in the direction of the assembly. (2) The power conferred by subsection (1) may only be exercised within the area to which the order applies. (3) A person who fails to comply with a direction under subsection (1) which he knows has been given to him is guilty of an offence. (4) A constable in uniform may arrest without a warrant anyone he reasonably suspects to be committing an offence under this section. Powers to remove unauthorised campers Power of local authority to direct unauthorised campers to leave land. 77.—(1) If it appears to a local authority that persons are for the time being residing in a vehicle or vehicles within that authority’s area— (a) on any land forming part of a highway; (b) on any other unoccupied land; or (c) on any occupied land without the consent of the occupier, the authority may give a direction that those persons and any others with them are to leave the land and remove the vehicle or vehicles and any other property they have with them on the land. (2) Notice of a direction under subsection (1) must be served on the persons to whom the direction applies, but it shall be sufficient for this purpose for the direction to specify the land and (except where the direction applies to only one person) to be addressed to all occupants of the vehicles on the land, without naming them. (3) If a person knowing that direction under subsection (1) above has been given which applies to him— (a) fails, as soon as practicable, to leave the land or remove from the land any vehicle or other property which is the subject of the direction, or (b) having removed any such vehicle or property again enters the land with a vehicle within the period of three months beginning with the day on which the direction was given, he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) A direction under subsection (1) operates to require persons who re-enter the land within the said period with vehicles or other property to leave and remove the vehicles or other property as it operates in relation to the persons and vehicles or other property on the land when the direction was given. (5) In proceedings for an offence under this section it is a defence for the accused to show that this failure to leave or to remove the vehicle or other property as soon as

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practicable or his re-entry with a vehicle was due to illness, mechanical breakdown or other immediate emergency. (6) In this section— “land” means land in the open air; “vehicle” includes— (a) any vehicle, whether or not it is in a fit state for use on roads, and includes any body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; and 1960 c. 62. (b) a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960; and a person may be regarded for the purposes of this section as residing on any land notwithstanding that he has a home elsewhere. Orders for removal of vehicles persons and their unlawfully on land. 78.—(1) A magistrates’ court may, on a complaint made by a local authority, if satisfied that persons and vehicles in which they are residing are present on land within that authority’s area in contravention of a direction given under section 77, make an order requiring the removal of any vehicle or other property which is so present on the land and any person residing in it. (2) An order under this section may authorise the local authority to take such steps as are reasonably necessary to ensure that the order is complied with and, in particular, may authorise the authority, by its officers and servants— (a) to enter upon the land specified in the order; and (b) to take, in relation to any vehicle or property to be removed in pursuance of the order, such steps for securing entry and rendering it suitable for removal as may be so specified. (3) The local authority shall not enter upon any occupied land unless they have given to the owner and occupier at least 24 hours notice of their intention to do so, or unless after reasonable inquiries they are unable to ascertain their names and addresses. (4) A person who wilfully obstructs any person in the exercise of any power conferred on him by an order under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) Where a complaint is made under this section, a summons issued by the court requiring the person or persons to whom it is directed to appear before the court to answer to the complaint may be directed— (a) to the occupant of a particular vehicle on the land in question; or (b) to all occupants of vehicles on the land in question, without naming him or them.

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1980 c. 43. (6) Section 55(2) of the Magistrates’ Courts Act 1980 (warrant for arrest of defendant failing to appear) does not apply to proceedings on a complaint made under this section. (7) Section 77(6) of this Act applies also for the interpretation of this section. Provisions as to directions under s. 77 and orders under s. 78. 79.—(1) The following provisions apply in relation to the service of notice of a direction under section 77 and of a summons under section 78, referred to in those provisions as a “relevant document”. (2) Where it is impracticable to serve a relevant document on a person named in it, the document shall be treated as duly served on him if a copy of it is fixed in a prominent place to the vehicle concerned; and where a relevant document is directed to the unnamed occupants of vehicles, it shall be treated as duly served on those occupants if a copy of it is fixed in a prominent place to every vehicle on the land in question at the time when service is thus effected. (3) A local authority shall take such steps as may be reasonably practicable to secure that a copy of any relevant document is displayed on the land in question (otherwise than by being fixed to a vehicle) in a manner designed to ensure that it is likely to be seen by any person camping on the land. (4) Notice of any relevant document shall be given by the local authority to the owner of the land in question and to any occupier of that land unless, after reasonable inquiries, the authority is unable to ascertain the name and address of the owner or occupier; and the owner of any such land and any occupier of such land shall be entitled to appear and to be heard in the proceedings. (5) Section 77(6) applies also for the interpretation of this section. Repeal of certain provisions relating to gipsy sites. 1968 c. 52. 80.—(1) Part II of the Caravan Sites Act 1968 (duty of local authorities to provide sites for gipsies and control of unauthorised encampments) together with the definition in section 16 of that Act of “gipsies” is hereby repealed.

PART VI PREVENTION OF TERRORISM Powers to stop and search vehicles, etc. and persons. 1989c. 4. 81.—(1) In Part IV of the Prevention of Terrorism (Temporary Provisions) Act 1989 (powers of arrest, detention and control of entry) there shall be inserted, before section

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14, the following section— “Powers to stop and search vehicles etc. and persons. 13A.—(1) Where it appears to— (a) any officer of police of or above the rank of commander of the metropolitan police, as respects the metropolitan police area; (b) any officer of police of or above the rank of commander of the City of London police, as respects the City of London; or (c) any officer of police of or above the rank of assistant chief constable for any other police area, that it is expedient to do so in order to prevent acts of terrorism to which this section applies he may give an authorisation that the powers to stop and search vehicles and persons conferred by this section shall be exercisable at any place within his area or a specified locality in his area for a specified period not exceeding twenty eight days. (2) The acts of terrorism to which this section applies are— (a) acts of terrorism connected with the affairs of Northern Ireland; and (b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland. (3) This section confers on any constable in uniform power— (a) to stop any vehicle; (b) to search any vehicle, its driver or any passenger for articles of a kind which could be used for a purpose connected with the commission, preparation or instigation of acts of terrorism to which this section applies; (c) to stop any pedestrian and search any thing carried by him for articles of a kind which could be used for a purpose connected with the commission, preparation or instigation of acts of terrorism to which this section applies. (4) A constable may, in the exercise of those powers, stop any vehicle or person and make any search he thinks fit whether or not he has any grounds for suspecting that the vehicle or person is carrying articles of that kind. (5) This section applies (with the necessary modifications) to ships and aircraft as it applies to vehicles. (6) A person is guilty of an offence if he— (a) fails to stop or (as the case may be) to stop the vehicle when required to do so by a constable in the exercise of his powers under this section; or (b) wilfully obstructs a constable in the exercise of those powers. (7) A person guilty of an offence under subsection (6) above shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

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(8) If it appears to a police officer of the rank specified in subsection (1)(a), (b) or (c) (as the case may be) that the exercise of the powers conferred by this section ought to continue beyond the period for which their exercise has been authorised under this section he may, from time to time, authorise the exercise of those powers for a further period, not exceeding twenty eight days. (9) Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped; and similarly as respects a pedestrian who is stopped under this section for a search of anything carried by him. (11) Nothing in this section affects the exercise by constables of any power to stop vehicles for purposes other than those specified in subsection (1) above.”. Offences relating to terrorism. 82.—(1) The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended by the insertion, as Part IVA of that Act, of the following provisions—

“Part IVA OFFENCES AGAINST PUBLIC SECURITY Possession of articles for suspected terriorist purposes. 16A.—(1) A person is guilty of an offence if he has any article in his possession in circumstances giving rise to a reasonable suspicion that the article is in his possession for a purpose connected with the commission, preparation or instigation of acts of terrorism to which this section applies. (2) The acts of terrorism to which this section applies are— (a) acts of terrorism connected with the affairs of Northern Ireland; and (b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland. (3) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article in question was not in his possession for such a purpose as is mentioned in subsection (1) above. (4) Where a person is charged with an offence under this section and it is proved that at the time of the alleged offence— (a) he and that article were both present in any premises; or (b) the article was in premises of which he was the occupier or which he habitually used otherwise than as a member of the public, the court may accept the fact proved as sufficient evidence of his possessing that article at

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that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, that he had no control over it. (5) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine or both; (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. (6) This section applies to vessels, aircraft and vehicles as it applies to premises. Unlawful coiiection, etc. of information. 16B.—(1) No person shall, without lawful authority or reasonable excuse (the proof of which lies on him)— (a) collect or record any information which is of such a nature as is likely to be useful to terrorists in planning or carrying out any act of terrorism to which this section applies; or (b) have in his possession any record or document containing any such information as is mentioned in paragraph (a) above. (2) The acts of terrorism to which this section applies are— (a) acts of terrorism connected with the affairs of Northern Ireland; and (b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland. (3) In subsection (1) above the reference to recording information includes a reference to recording it by means of photography or by any other means. (4) Any person who contravenes this section is guilty of an offence and liable— (a) on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine or both; (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. (5) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any record or document mentioned in subsection (1) above which is found in his possession.”.

PART VII OBSCENITY AND PORNOGRAPHY AND VIDEOS Arrestable offences to include certain offences relating to obscenity or indecency. 1984 c. 60. 1959 c. 66.

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85.—(1) The Police and Criminal Evidence Act 1984 shall be amended as follows. (2) In section 24(2) (arrestable offences), after paragraph (e), there shall be inserted the following paragraphs— “(f) an offence under section 2 of the Obscene Publications Act 1959 (publication of obscene matter); 1978 c. 37. (g) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs and pseudo-photographs of children);” (3) At the end of Part II of Schedule 5 (serious arrestable offences mentioned in section 116(2)(b)) there shall be inserted the following paragraphs— “Protection of Children Act 1978 (c. 37.) 14. Section 1 (indecent photographs and pseudo-photographs of children). Obscene Publications Act 1959 (c.66.) 15. Section 2 (publication of obscene matter).”. Indecent photographs of children: sentence of imprisonment. 1988 c. 33. 86.—(1) In section 160(3) of the Criminal Justice Act 1988 (which makes a person convicted of certain offences relating to indecent photographs of children liable to a fine not exceeding level 5 on the standard scale) there shall be inserted after the word “to” the words “imprisonment for a term not exceeding six months or” and at the end the words “, or both”. Obscene, offensive or annoying telephone calls Obscene, offensive or annoying telephone calls: increase in penalty. 1984c. 12. 92.—(1) In section 43(1) of the Telecommunications Act 1984 (which makes a person convicted of certain offences relating to improper use of public telecommunication systems liable to a fine not exceeding level 3 on the standard scale), for the words “a fine not exceeding level 3 on the standard scale” there shall be substituted the words “imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both”.

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PART X CROSS-BORDER ENFORCEMENT Execution of warrants. 136.—(1) A warrant issued in England, Wales or Northern Ireland for the arrest of a person charged with an offence may (without any endorsement) be executed in Scotland by any constable of any police force of the country of issue or of the country of execution as well as by any other persons within the directions in the warrant. (2) A warrant issued in— (a) Scotland; or (b) Northern Ireland, for the arrest of a person charged with an offence may (without any endorsement) be executed in England or Wales by any constable of any police force of the country of issue or of the country of execution as well as by any other persons within the directions in the warrant. (3) A warrant issued in— (a) England or Wales; or (b) Scotland, for the arrest of a person charged with an offence may (without any endorsement) be executed in Northern Ireland by any constable of any police force of th e c ountry of issue or of the country of execution as well as by any other persons within the directions in the warrant. (4) A person arrested in pursuance of a warrant shall be taken, as soon as reasonably practicable, to any place to which he is committed by, or may be conveyed under, the warrant. (5) A constable executing a warrant— (a) under subsection (1), (2)(b) or (3)(a) of this section may use reasonable force and shall have the powers of search conferred by section 139; (b) under subsection (2)(a) or (3)(b) of this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in Scotland by a constable of a police force in Scotland. (6) Any other person within the directions in a warrant executing that warrant under this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in the country of issue by the person within those directions. (7) This section applies as respects— (a) a warrant of commitment and a warrant to arrest a witness issued by a judicial authority in England, Wales or Northern Ireland as it applies to a warrant of arrest; and (b) a warrant for committal, a warrant to imprison (or to apprehend and imprison) and a

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warrant to arrest a witness issued by a judicial authority in Scotland as it applies to a warrant for arrest. (8) In this section “judicial authority” means any justice of the peace or the judge of any court exercising jurisdiction in criminal proceedings; and any reference to a part of the United Kingdom in which a warrant may be executed includes a reference to the adjacent sea and other waters within the seaward limits of the territorial sea. Cross-border powers of arrest etc. 137.—(1) If the conditions applicable to this subsection are satisfied, any constable of a police force in England and Wales who has reasonable grounds for suspecting that an offence has been committed or attempted in England or Wales and that the suspected person is in Scotland or in Northern Ireland may arrest without a warrant the suspected person wherever he is in Scotland or in Northern Ireland. (2) If the condition applicable to this subsection is satisfied, any constable of a police force in Scotland who has reasonable grounds for suspecting that an offence has been committed or attempted in Scotland and that the suspected person is in England or Wales or in Northern Ireland may, as respects the suspected person, wherever he is in England or Wales or in Northern Ireland, exercise the same powers of arrest or detention as it would be competent for him to exercise were the person in Scotland. (3) If the conditions applicable to this subsection are satisfied, any constable of a police force in Northern Ireland who has reasonable grounds for suspecting that an offence has been committed or attempted in Northern Ireland and that the suspected person is in England or Wales or in Scotland may arrest without a warrant the suspected person wherever he is in England or Wales or in Scotland. (4) The conditions applicable to subsection (1) above are— (a) that the suspected offence is an arrestable offence; or (b) that, in the case of any other offence, it appears to the constable that service of a summons is impracticable or inappropriate for any of the reasons specified in subsection (3) of section 138. (5) The condition applicable to subsection (2) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Scotland. (6) The conditions applicable to subsection (3) above are— (a) that the suspected offence is an arrestable offence; or (b) that, in the case of any other offence, it appears to the constable that service of a summons is impracticable or inappropriate for any of the reasons specified in subsection (3) of section 138. (7) It shall be the duty of a constable who has arrested or, as the case may be detained, a person under this section— (a) if he arrested him in Scotland, to take the person arrested either to the nearest

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convenient designated police station in England or in Northern Ireland or to a designated police station in a police area in England and Wales or in Northern Ireland in which the offence is being investigated; (b) if he arrested him in England or Wales, to take the person arrested to the nearest convenient police station in Scot-and or to a police station within a sheriffdom in which the offence is being investigated or to the nearest convenient designated police station in Northern Ireland in which the offence is being investigated; (c) if he detained him in England or Wales, to take the person detained to either such police station in Scotland as is mentioned in paragraph (b) above, or to the nearest convenient designated police station in England or Wales; (d) if he arrested him in Northern Ireland, to take the person arrested either to the nearest convenient designated police station in England or Wales or to a designated police station in a police area in England or Wales in which the offence is being investigated or to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated; (e) if he detained him in Northern Ireland, to take the person detained to either such police station in Scotland as is mentioned in paragraph (b) above, or to the nearest convenient designated police station in Northern Ireland; and to do so as soon as reasonably practicable. (8) A constable— (a) arresting a person under subsection (1) or (3) above, may use reasonable force and shall have the powers of search conferred by section 139; (b) arresting a person under subsection (2) above shall have the same powers and duties, and the person arrested the same rights, as they would have had if the arrest had been in Scotland; and (c) detaining a person under subsection (2) above shall act in accordance with the provisions applied by subsection (2) (as modified by subsection (6)) of section 138. 1984 c. 60. S.I. 1989/1341 (N.I. 12). (9) In this section— “arrestable offence” and “designated police station” have the same meaning as in the Police and Criminal Evidence Act 1984 and, in relation to Northern Ireland, have the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989; and “constable of a police force”, in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve. (10) This section shall not prejudice any power of arrest conferred apart from this section.

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Powers of arrest etc.: supplementary provisions. 138.—(1) The following provisions have effect to supplement section 137 (“the principal section”). 1980 c. 62. 1993 c. 9. (2) Where a person is detained under subsection (2) of the principal section, subsections (2) to (7) of section 2 (detention and questioning at police station) and subsections (1) and (3) to (5) of section 3 (right to have someone informed when arrested or detained) of the Criminal Justice (Scotland) Act 1980 and section 28 (prints, samples etc. in criminal investigations) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 shall apply to detention under that subsection of the principal section as they apply to detention under subsection (1) of the said section 2, but with the modifications mentioned in subsection (6) below. (3) The reasons referred to in subsections (4)(b) and (6)(b) of the principal section are that— (a) the name of the suspected person is unknown to; and cannot readily be ascertained by, the constable; (b) the constable has reasonable grounds for doubting whether a name furnished by the suspected person as his name is his real name; (c) either— (i) the suspected person has failed to furnish a satisfactory address for service; or (ii) the constable has reasonable grounds for doubting whether an address furnished by the suspected person is a satisfactory address for service; (d) the constable has reasonable grounds for believing the arrest is necessary to prevent the suspected person— (i) causing physical injury to himself or any other person; (ii) suffering physical injury; (iii) causing loss of or damage to property; (iv) committing an offence against public decency; or (v) causing an unlawful obstruction of a highway or road; or (e) the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the suspected person. (4) For the purposes of subsection (3) above an address is a satisfactory address for

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service if it appears to the constable— (a) that the suspected person will be at it for a sufficiently long period for it to be possible to serve him with process; or (b) that some other person specified by the suspected person will accept service of process for the suspected person at it. (5) Nothing in subsection (3)(d) above authorises the arrest of a person under subparagraph (iv) of that paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested. Search powers available on arrests under sections 136 and 137. 139.—(1) The following powers are available to a constable in relation to a person arrested under section 136(1), (2)(b) or (3)(a) or 137(1) or (3). (2) A constable to whom this section applies may search the person if the constable has reasonable grounds for believing that the person may present a danger to himself or others. (3) Subject to subsections (4) to (6) below, a constable to whom this section applies may— (a) search the person for anything— (i) which he might use to assist him to escape from lawful custody; or (ii) which might be evidence relating to an offence; and (b) enter and search any premises in which the person was when, or was immediately before, he was arrested for evidence relating to the offence for which he was arrested. (4) The power to search conferred by subsection (3) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence. (5) The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear, gloves or footwear but they do authorise a search of a person’s mouth. (6) A constable may not search a person in the exercise of the power conferred by subsection (3)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph. (7) A constable may not search premises in the exercise of the power conferred by subsection (3)(b) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph. (8) In so far as the power of search conferred by subsection (3)(b) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—

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(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and (b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises. (9) A constable searching a person in the exercise of the power conferred by subsection (2) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person. (10) A constable searching a person in the exercise of the power conferred by subsection (3)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing— (a) that he might use it to assist him to escape from lawful custody; or (b) that it is evidence of an offence, or has been obtained in consequence of the commission of an offence. 1989 c. 4. (11) Nothing in this section shall be taken to affect the power conferred by section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989. Reciprocal powers of arrest. 1984 c. 60. 140.—(1) Where a constable of a police force in England and Wales would, in relation to an offence, have power to arrest a person in England or Wales under section 24(6) or (7) or 25 of the 1984 c. 60. Police and Criminal Evidence Act 1984 (arrestable offences and non-arrestable offences in certain circumstances) a constable of a police force in Scotland or in Northern Ireland shall have the like power of arrest in England and Wales. (2) Where a constable of a police force in Scotland or in Northern Ireland arrests a person in England or Wales by virtue of subsection (1) above— (a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by section 28 of that Act; (b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by section 30 of that Act and so also as respects the other related requirements of that section; and (c) the constable shall have powers to search the arrested person corresponding to the powers conferred by section 32 of that Act. (3) Where a constable of a police force in Scotland would, in relation to an offence, have power to arrest a person in Scotland, a constable of a police force in England and Wales or in Northern Ireland shall have the like power of arrest in Scotland. (4) Where a constable of a police force in England or Wales or in Northern Ireland

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arrests a person in Scotland by virtue of subsection (3) above, the arrested person shall have the same rights and the constable the same powers and duties as they would have were the constable a constable of a police force in Scotland. (5) Where a constable of a police force in Northern Ireland would, in relation to an offence, have power to arrest a person in S.I. 1989/1341 (N.I. 12). Northern Ireland under Article 26(6) or (7) or 27 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (arrestable offences and non-arrestable offences in certain circumstances) a constable of a police force in England and Wales or Scotland shall have the like power of arrest in Northern Ireland. (6) Where a constable of a police force in England and Wales or in Scotland arrests a person in Northern Ireland by virtue of subsection (5) above— (a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by Article 30 of that Order; (b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by Article 32 of that Order and so as respects the other related requirements of that Article; and (c) the constable shall have powers to search the arrested person corresponding to the powers conferred by Article 34 of that Order. Aid of one police force by another. 141.—(1) The chief officer of police of a police force in England and Wales may, on the application of the chief officer of a police force in Scotland or the chief constable of the Royal Ulster Constabulary in Northern Ireland, provide constables or other assistance for the purpose of enabling the Scottish force or the Royal Ulster Constabulary to meet any special demand on its resources. (2) The chief officer of a police force in Scotland may, on the application of the chief officer of police of a police force in England and Wales or the chief constable of the Royal Ulster Constabulary in Northern Ireland, provide constables or other assistance for the purpose of enabling the English or Welsh force or the Royal Ulster Constabulary to meet any special demand on its resources. (3) The chief constable of the Royal Ulster Constabulary in Northern Ireland may, on the application of the chief officer of police of a police force in England and Wales or the chief officer of a police force in Scotland, provide constables or other assistance for the purpose of enabling the English or Welsh force or the Scottish force to meet any special demand on its resources. (4) If it appears to the Secretary of State to be expedient in the interests of public safety or order that any police force should be reinforced or should receive other assistance for

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the purpose of enabling it to meet any special demand on its resources, and that satisfactory arrangements under subsection (1), (2) or (3) above cannot be made, or cannot be made in time, he may direct the chief officer of police of any police force in England and Wales, the chief officer of any police force in Scotland or the chief constable of the Royal Ulster Constabulary, as the case may be, to provide such constables or other assistance for that purpose as may be specified in the direction. (5) While a constable is provided under this section for the assistance of another police force he shall, notwithstanding any enactment,— (a) be under the direction and control of the chief officer of police of that other force (or, where that other force is a police force in Scotland or the Royal Ulster Constabulary in Northern Ireland, of its chief officer or the chief constable of the Royal Ulster Constabulary respectively); and (b) have in any place the like powers and privileges as a member of that other force therein as a constable. (6) The police authority maintaining a police force for which assistance is provided under this section shall pay to the police authority maintaining the force from which that assistance is provided such contribution as may be agreed upon between those authorities or, in default of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in default of such general agreement, as may be determined by the Secretary of State. 1964 c. 48. 1967 c. 77. 1970 c. 9. (N. I.). (7) Any expression used in the Police Act 1964, the Police (Scotland) Act 1967 or the Police Act (Northern Ireland) 1970 and this section in its application to England and Wales, Scotland and Northern Ireland respectively has the same meaning in this section as in that Act.

PART XI SEXUAL OFFENCES Rape Rape of women and men. 1956 c. 69. 142.For Section 1 of the Sexual Offences Act 1956 (rape of a woman) there shall be substituted the following section— “Rape of woman or man.

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1.—(1) It is an offence for a man to rape a woman or another man. (2) A man commits rape if (a) he has sexual intercourse with a person (whether vaginal or anal) who at the time of the intercourse does not consent to it; and (b) at the time he knows that the person does not consent to the intercourse or is reckless as to whether that person consents to it. (3) A man also commits rape if he induces a married woman to have sexual intercourse with him by impersonating her husband. (4) Subsection (2) applies for the purpose of any enactment.”. Male rape and buggery Male rape and buggery. 143.—(1) Section 12 of the Sexual Offences Act 1956 (offence of buggery) shall be amended as follows. (2) In subsection (1), after the words “another person” there shall be inserted the words “otherwise than in the circumstances described in subsection (1A) below”. (3) After subsection (1), there shall be inserted the following subsections— “(1A) The circumstances referred to in subsection (1) are that the act of buggery takes place in private and both parties have attained the age of eighteen. (1B) An act of buggery by one man with another shall not be treated as taking place in private if it takes place— (a) when more than two persons take part or are present; or (b) in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise. (1C) In any proceedings against a person for buggery with another person it shall be for the prosecutor to prove that the act of buggery took place otherwise than in private or that one of the parties to it had not attained the age of eighteen.”. Homosexuality Age at which homosexual acts 1967 c. 60. 145.—(1) In section 1 of the Sexual Offences Act 1967 (amendment of law relating to homosexual acts in private), for “twenty-one” in both places where it occurs there is substituted “eighteen”.

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PART XII MlSCELLANEOUS AND GENERAL Prisons: powers in relation to prisoners, visitors and others Power to test prisoners for drugs. 1952 c. 52. 151.—(1) After section 16 of the Prison Act 1952 there shall be inserted the following section— “Testing prisoners for drugs. 16A.—(1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body. (2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine. Powers of search by authorised employees in prisons. 1952 c. 52. 152.—(1) In the Prison Act 1952, after section 8, there shall be inserted the following section— “Powers of search by authorised employees. 8A.—(1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any authorised property on his person. (2) An authorised employee searching a prisoner by virtue of this section— (a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear; (b) may use reasonable force where necessary; and (c) may seize and detain any authorised property found on the prisoner in the course of the search. (3) In this section “authorised employee” means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section. (4) The governor of a prison shall take such steps as he considers appropriate to notify

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to prisoners the descriptions of persons who are for the time being authorised to exercise the powers conferred by this section. Harassment, alarm or distress Offence of causing intentional harassment, alarm or distress. 1986 c. 64. 154. In Part I of the Public Order Act 1986 (offences relating to public order), after section 4, there shall be inserted the following section— “Intentional harassment, alarm or distress. 4A.—(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he— (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress. (2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling. (3) It is a defence for the accused to prove— (a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or (b) that his conduct was reasonable. (4) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section. (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.”. Offence of racially inflammatory publication etc. to be arrestable Offence of racially inflammatory publication etc. to be arrestable. 1984 c.60.

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155.—In section 24(2) of the Police and Criminal Evidence Act 1984 (arrestable offences), after the paragraph (h) inserted by section 166(4) of this Act, there shall be inserted the following paragraph— “(i) an offence under section 19 of the Public Order Act 1986 (publishing, etc. material intended or likely to stir up racial hatred);”. Prohibition on use of cells from embryos or foetuses Prohibition on use of cells from embryos or foetuses. 1990 c. 37. 156.—(1) The Human Fertilisation and Embryology Act 1990 shall be amended as follows. (2) After section 3 there shall be inserted the following section— “Prohibition in connection with germ cells. 3A.—(1) No person shall for the purpose of providing fertility services for any woman, use female germ cells taken or derived from an embryo or a foetus or use embryos created by using such cells. (2) In this section— “female germ cells” means cells of the female germ line and includes such cells at any stage of maturity and accordingly includes eggs; and “fertility services” means medical, surgical or obstetric services provided for the purpose of assisting women to carry children.”. Obtaining computer-held information Procuring disclosure of, and held personal information. 1984 c. 35 161.—(1) In section 5 of the Data Protection Act 1984 (prohibitions in relation to personal data, including disclosure), after subsection (5), there shall be inserted the following subsections— “(6) A person who procures the disclosure to him of personal data the disclosure of which to him is in contravention of subsection (2) or (3) above, knowing or having reason to believe that the disclosure constitutes such a contravention, shall be guilty of an offence. (7) A person who sells personal data shall be guilty of an offence if (in contravention of subsection (6) above) he has procured the disclosure of the data to him. (8) A person who offers to sell personal data shall be guilty of an offence if (in contravention of subsection (6) above) he has procured or subsequently procures the

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disclosure of the data to him. (9) For the purposes of subsection (8) above, an advertisement indicating that personal data are or may be for sale is an offer to sell the data. (10) For the purposes of subsection (7) and (8) above, “selling”, or “offering to sell”, in relation to personal data, includes selling, or offering to sell, information extracted from the data.”. Access to computer material by constables and other enforcement officers. 1990 c. 18. 162.—(1) In section 10 of the Computer Misuse Act 1990 (offence of unauthorised access not to apply to exercise of law enforcement powers), after paragraph (b), there shall be inserted the following words— “and nothing designed to indicate a withholding of consent to access to any program or data from persons as enforcement officers shall have effect to make access unauthorised for the purposes of the said section 1(1). In this section “enforcement officer” means a constable or other person charged with the duty of investigating offences; and withholding consent from a person “as” an enforcement officer of any description includes the operation, by the person entitled to control access, of rules whereby enforcement officers of that description are, as such, disqualified from membership of a class of persons who are authorised to have access.”. Closed-circuit television by local authorities Local authority powers to provide closed-circuit television. 163.—(1) Without prejudice to any power which they may exercise for those purposes under any other enactment, a local authority may take such of the following steps as they consider will, in relation to their area, promote the prevention of crime or the welfare of the victims of crime— (a) providing apparatus for recording visual images of events occurring on any land in their area; 1984 c. 12. (b) providing within their area a telecommunications system which, under Part II of the Telecommunications Act 1984, may be run without a licence; (c) arranging for the provision of any other description of telecommunications system within their area or between any land in their area and any building occupied by a public authority.

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(2) Any power to provide, or to arrange for the provision of, any apparatus includes power to maintain, or operate, or, as the case may be, to arrange for the maintenance or operation of, that apparatus. (3) Before taking such a step under this section, a local authority shall consult the chief officer of police for the police area in which the step is to be taken. Ticket touts Sale of tickets by unauthorised persons. 166.—(1) It is an offence for an unauthorised person to sell, or offer or expose for sale, a ticket for a designated football match in any public place or place to which the public has access or, in the course of a trade or business, in any other place. (2) For this purpose— (a) a person is “unauthorised” unless he is authorised in writing to sell tickets for the match by the home club or by the organisers of the match; (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 1984 c. 60. (4) In section 24(2) of the Police and Criminal Evidence Act 1984 (arrestable offences), after the paragraph (g) inserted by section 85(2) of this Act there shall be inserted the following paragraph—

1994 c. 33. “(h) an offence under section 166 of the Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons);”. (5) Section 32 of the Police and Criminal Evidence Act 1984 (search of persons and premises (including vehicles) upon arrest) shall have effect, in its application in relation to an offence under this section, as if the power conferred on a constable to enter and search any vehicle extended to any vehicle which the constable has reasonable grounds for believing was being used for any purpose connected with the offence. (6) The Secretary of State may by order made by statuory instrument apply this section, with such modifications as he thinks fit, to such sporting event or category of sporting event for which 6,000 or more tickets are issued for sale as he thinks fit. Taxi touts

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Touting for hire car services. 167.—(1) Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers. (2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection. 1985 c. 67. (3) No offence is committed under this section where soliciting persons to hire licensed taxis is permitted by a scheme under section 10 of the Transport Act 1985 (schemes for shared taxis) whether or not supplemented by provision made under section 13 of that Act (modifications of the taxi code). (4) It is a defence for the accused to show that he was soliciting for passengers for public service vehicles on behalf of the holder of a PSV operator's licence for those vehicles whose authority he had at the time of the alleged offence. (5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (6) In this section— “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise); and 1981 c. 14. “public service vehicle” and “PSV operator’s licence” have the same meaning as in Part II of the Public Passenger Vehicles Act 1981. 1984 c. 60. (7) In section 24(2) of the Police and Criminal Evidence Act 1984 (arrestable offences), after the paragraph (i) inserted by section 155 of this Act there shall be inserted the following paragraph— 1994 c. 33. “(j) an offence under section 167 of the Criminal Justice and Public Order Act 1994 (touting for hire car services).”. Power of Secretary of State to make payments or grants in relation to crime prevention,

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etc. 169.—(1) The Secretary of State may, with the consent of the Treasury— (a) make such payments, or (b) pay such grants, to such persons, as he considers appropriate in connection with measures intended to prevent crime or reduce the fear of crime. (2) Any grant under subsection (1)(b) above may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose. (3) Payments under this section shall be made out of money provided by Parliament. Security costs at party conferences. 170.—(1) The Secretary of State may, with the consent of the Treasury, pay grants towards expenditure incurred by a qualifying political party, or by a person acting for a qualifying political party, on measures to which this section applies. (2) This section applies to measure which are— (a) taken for the protection of persons or property in connection with a conference held in Great Britain for the purposes of the party, and (b) certified by a chief officer of police as having been appropriate. (3) A political party is a “qualifying political party” for the purposes of this section if, at the last general election before the expenditure was incurred,— (a) at least two members of the party were elected to the House of Commons, or (b) one member of the party was elected to the House of Commons and not less than 150,000 votes were given to candidates who were members of the party. (4) Payments under this section shall be made out of money provided by Parliament.

PART II INCREASE OF FINES FOR CERTAIN MISUSE OF DRUGS OFFENCES

(1) Enactment creating offence

(2) Penalty enactment

(3) Old maximum fine

(4) New maximum fine

Schedule 4, column 6.

£500

£2,500

MISUSE OF DRUGS ACT 1971 (c.38.) Offences under section 4(2) committed in relation to Class C drugs (production, or being concerned in the production of, a controlled drug).

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Offences under section 4(3) committed in relation to Class C drugs (supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another).

Schedule 4, column 6.

£500

£2,500

Offences under section 5(2) committed in relation to Class B drugs (having possession of a controlled drug).

Schedule 4, column 5.

£500

£2,500

Offences under section 5(2) committed in relation to Class C drugs (having possession of a controlled drug).

Schedule 4, column 6.

£200

£1,000

Offences under section 5(3) committed in relation to Class C drugs (having possession of a controlled drug with intent to supply it to another).

Schedule 4, column 6.

£500

£2,500

Offences under section 8 committed in relation to Class C drugs (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there).

Schedule 4 column 6.

£500

£2,500

Offences under section 12(6) committed in relation to Class C drugs (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs).

Schedule 4, column 6.

£500

£2,500

Offences under section 13(3) committed in relation to Class C drugs (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc, controlled drugs).

Schedule 4, column 6.

£500

£2,500

PART III INCREASE IN PENALTIES FOR CERTAIN FIREARMS OFFENCES

(1) Enactment creating offence

(2) Penalty enactment

(3) Old maximum term of imprisonment

(4) New maximum term of imprisonment

Offences under section 1(1) committed in an aggravated form within the meaning of section 4(4) (possessing etc. shortened shot gun or converted firearm without firearm certificate).

Schedule 6, column 4.

5 years.

7 years,

Offences under section 1(1) in any other

Schedule 6,

3 years.

5 years,

FIREARMS ACT 1968 (c.27).

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case (possessing etc. firearms or ammunition without firearm certificate).

column 4.

Offences under section 2(1) (possessing etc. shot gun without shot gun certificate).

Schedule 6, column 4.

3 years.

5 years,

Offences under section 3(1) (trading in firearms without being registered as a firearms dealer).

Schedule 6, column 4.

3 years.

5 years,

Offences under section 3(2) (selling firearms to person without a certificate).

Schedule 6, column 4.

3 years.

5 years,

Offences under section 3(3) (repairing, testing etc. firearm for person without a certificate).

Schedule 6, column 4.

3 years.

5 years,

Offences under section 3(5) (falsifying certificate, etc., with view to acquisition of firearm).

Schedule 6, column 4.

3 years.

5 years,

Offences under section 4(1) (shortening a shot gun).

Schedule 6, column 4.

5 years.

7 years,

Offences under section 4(3) (conversion of firearms).

Schedule 6, column 4.

5 years.

7 years,

(1) Enactment creating offence

(2) Penalty enactment

(3) Old maximum term of imprisonment

(4) New maximum term of imprisonment

Offences under section 5(1) (possessing or distributing prohibited weapons or ammunition).

Schedule 6, column 4.

5 years.

10 years,

Offences under section 5(1A) (possessing or distributing other prohibited weapons).

Schedule 6, column 4.

(a) On summary conviction, 3 months. (b) On conviction on indictment, 2 years.

(a) On summary conviction 6 months, (b) On conviction on indictment, 10 years.

Offences under section 19 (carrying loaded firearm other than air weapon in public place).

Schedule 6, column 4.

5 years.

7 years,

Offences under section 20(1)

Schedule 6,

5 years.

7 years,

PART III

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(trespassing with firearm other than air weapon in a building).

column 4.

Offences under section 21(4) (contravention of provisions denying firearms to ex-prisoners and the like).

Schedule 6, column 4.

3 years.

5 years,

Offences under section 21(5) (supplying firearms to person denied them under section 21).

Schedule 6, column 4.

3 years.

5 years,

Offences under section 42 (failure to comply with instructions in firearm certificate when transferring firearm to person other than registered dealer; failure to report transaction to police).

Schedule 6, column 4.

3 years.

5 years,

APPENDIX 3 National Standards for the Supervision of Offenders in the Community (HOME OFFICE, MARCH 1995) (EXTRACTS)

1. GENERAL INTRODUCTION Introduction The General Introduction to the National Standards for the Supervision of Offenders in the Community sets the framework for the National Standards. It describes the status and aims of the standards and sets out the issues which are common to all the standards. Status of the National Standards 2. These standards are issued jointly by the Home Office, Department of Health and Welsh Office as required standards of practice for Probation Services and Social Services Departments in England and Wales, in relation to the supervision of offenders in the community and the preparation of reports for the criminal courts, Parole Board and Prison Service. Inspections by HM Inspectorate of Probation and, where appropriate, the Social Services Inspectorate will measure satisfactory compliance with the standards. 3. Where, in exceptional circumstances, a judgement is taken to depart from a requirement of the standards, this should be authorised by the appropriate line manager and the reasons for it should be clearly recorded and justified. Relevance of National Standards 4. National Standards are relevant to: • the general public, including the victims of crime, who should be protected from further offending by effective supervision which offers good value for money and given full accurate information about what the supervision entails • private and voluntary sector partners with whom probation and social services work, and who will be expected to meet these standards in the delivery of supervision required by the courts • probation committees and social services committees of local authorities, in ensuring effective performance and the efficient use of resources • sentencers, who can be assured as to the basis on which reports to the court are prepared, how supervision is undertaken, and when offenders who behave unacceptably will be returned to court under breach proceedings

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• probation staff and local authority social workers, in setting out what is required of them, giving a framework for good practice and a basis for demonstrating accountability and achievement • other criminal justice agencies and professions, with whom probation and social services work, such as the Crown Prosecution Service (CPS), the legal profession, justices’ clerks and court administrators, the police, the Prison Service and the Parole Board, to ensure that all agencies understand each other’s role and do all that is necessary to make certain that their efforts are properly coordinated with each other • offenders and other service users, who should be informed of what is expected of them and the action which will be taken if they fail to comply with the requirements of the standards. The Aims of the National Standards 5. The aims of these National Standards are to strengthen the supervision of offenders in the community, providing punishment and a disciplined programme for offenders, building on the skill and experience of practitioners and service managers: • by setting clearrequirements for supervision, understood by all concerned • by enabling service practitioners’ professional judgement to be exercised within a framework of accountability • by encouraging the adoption ofgood practice including the development of local practice guidelines (which should be in line with the requirements set by the standards) • by ensuring that supervision is delivered fairly, consistently and without improper discrimination • by setting a priority on theprotection of the public from re-offending (and from the fear of crime) • by establishing the importance of considering the effect of crime on victims • by ensuring the public can have confidence that supervision in the community is an effective punishment and a means to help offenders become responsible members of the community. The achievement of these aims will be monitored through inspection. The Role of the Supervising Officer 6. The supervising officer should ensure that supervision is conducted in accordance with each National Standard and with regard to practice guidance issud by the local service concerned. Where the offender is under 18, the conduct of supervision should have regard for the welfare of the young person consistent with the courts’ duty in this respect under section 44 of the Children and Young Persons Act 1933.

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The Role of Chief Officers Chief Probation Officers 7. The Chief Probation Officer (CPO) is responsible and accountable to the employing Probation Committee for leadership of probation staff and those acting under their direction to meet the requirements of each National Standard. The Committee, through its Chief Officer, should ensure that the service achieves the following: • meeting the standards. The service should have in place effective mechanisms for managing community sentences and pre- and post-release licence supervision in individual cases, to meet the requirements of the standards • support for staff. The service should provide adequate support structures, including training for staff who deliver supervision and should have full regard to the need to ensure the safety and protection of staff through strict adherence to all relevant health and safety requirements, including appropriate procedures to ensure staff safety when undertaking home visits • Partnership. The service should make effective use of facilities and opportunities in the community, for example, through partnerships with the private and voluntary sector. It is an important objective of all forms of supervision undertaken by the probation service/social services to re-integrate offenders fully into the community: services should encourage offenders to make an effective contribution to the community for the benefit of others • Collaboration and liaison. The service should collaborate and liaise with other probation services, social services departments, local NHS managers and other agencies where this would promote effective and efficient supervision • Complaints. The service should have an effective complaints mechanism, in line with Citizen’s Charter principles and clearly explained to offenders, staff, local sentencers and others concerned. 8. Local practice guidelines in line with the requirements of the standards should be agreed with other agencies, both statutory and voluntary, as necessary. They should: • include a clear statement of aims which set out the key objectives for work with offenders • include systems for the management of risk and public protection • provide for the level of demand by the courts for the supervision of offenders by services to be met and monitored • include specific targets, timescales and identification of responsibilities • include systems for determining and monitoring practitioners’ workloads and prioritising work • provide for information to identify trends, quantify costs, order priorities, monitor outcomes and control expenditure • specify arrangements for sharing information with other agencies and for

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keeping courts informed of plans, facilities and outcomes • include further detailed arrangementsfor the handling of enforcement and breach proceedings. Directors of Social Services 9. The social services functions of a local authority are exercised under the general supervision of the Secretary of State for Health and are discharged through the Social Services Committee of the authority to which the Director of Social Services (DSS) is accountable. Social Services Committees have significant responsibilities in relation to children who offend. Many of those children may be defined as children in need under the terms of the Children Act 1989 and as such social services responsibilities extend equally to their families. Directors of Social Services (DSS) are asked to ensure that the necessary organisational, managerial and procedural arrangements are in place to enable their staff, and those acting under their direction, to comply with the National Standards and in a way which integrates their responsibilities under children’s and criminal justice legislation. 10. The guidance on the role of chief officers given above to the probation service applies equally to social services departments. Each social services department should have a comprehensive policy on services for young offenders and the courts which should: • be in line with the requirements set by these National Standards • be developed on the basis of consultation with other agencies • be congruent with their other policies on services for children and families • include a clear statement of aims which set out the key objectives in work with young offenders • be understood by relevant staff at all levels.

Accountability (Record keeping, Inspection and monitoring, Quality assurance) 11. The Citizen’s Charter underlines the importance of setting explicit standards, being accountable and providing clear and accessible information. In keeping with this the standards establish a clear and consistent framework, within which work can be viewed and decisions justified. The standards support and encourage local discretion and initiative. They provide a basis of accountability for individual cases and for services as a whole. Record keeping 12. Consistent and up-to-date records should be kept of the supervision plan; of offenders’ history and current circumstances; of appointments and contact with the offender during the order or licence; of acceptable/unacceptable absences with any

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reasons given of warnings and breach proceedings; and of any other information material to effective supervision. Information held on an individual should be shared with him or her, unless there are good reasons for not doing so. It should be borne in mind that social services records may be disclosed to the individual under the provisions of the Access to Personal Files Act 1987. In the case of a young person, information should normally be shared with his or her parent(s) if, in consultation with the offender, that is considered appropriate. Confidentiality of records and all other information about the offender should otherwise be maintained having regard to the need to protect the public and the need to co-operate with other criminal justice services. Inspection and monitoring 13. The Probation Committee or Social Services Committees of the local authority are responsible for ensuring that there are effective systems for monitoring compliance with each National Standard within their area, and that services are effective in dealing with the range of offenders under supervision, whilst providing appropriately for their different needs. Procedures for the evaluation of any monitoring should be established. The range of programmes offered by services should be reviewed, including any partnership arrangements, making sure that in arranging and managing the operation of community orders and licences: • resources are allocated appropriately from the local budget and used effectively to enable the service to meet all its statutory duties and the requirements of each National Standard • effective supervision is provided foroffences of different type and varying seriousness and that programme provision is properly matched to need in terms of the factors known to have an impact on offending behaviour • programmes are provided which encourage public support for the supervision of offenders in the community including those released on licence. 14. Information on the results of these monitoring activities should be made available to HM Inspectorate of Probation or the Social Services Inspectorate in the usual way, to assist them in inspecting compliance with the standards; and to other bodies, for example, the private and voluntary sectors with whom services work in partnership. Local sentencers should be informed about the progress and particular achievements of the service. In the event of any significant inability by the service to meet any of the National Standards, they should be informed clearly and promptly about the situation. Quality assurance 15. Quality assurance means taking all necessary steps to provide high quality services which make the most of public money. National standards are a necessary, but on their own insufficient, condition of the delivery of high quality services. Quality assurance and control systems to support National Standards should be in place in all areas. Increasing public confidence in the services’ work is an essential part of good service

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delivery. Services should therefore work with sentencers and forge links with the local community in order to promote a better understanding on the part of sentencers and the public about the work of services and the facilities they offer. Equal Opportunities 16. In keeping with the duty not to discriminate referred to in section 95 of the Criminal Justice Act 1991, the work of probation services, social services departments and all those with whom they work in partnership, should be free of discrimination on the ground of race, gender, age, disability, language ability, literacy, religion, sexual orientation or any other improper ground. 17. Where language difficulties impair effective communication with an offender an accredited interpreter should be used. In Wales, an offender should have the right to use Welsh, if necessary through an accredited interpreter. Liaison and Co-operation with other Agencies 18. CPOs and DSSs should ensure that there is effective liaison with sentencers, justices’ clerks and prison governors in their area as appropriate: • to provide information about t he st and ards of s up ervision operated by the service and the range of facilities and programmes available • to encourage sentencers and justices’ clerks to familiarise themselves with the work of the service; and to visit the teams and places where it is carried out • to encourage an informed dialogue about practical aspects of the service’s work • to provide feedback and reports on the progress of supervision in individual cases when required by the court (as required in respect of the probation service under rule 38 of the Probation Rules 1984, SI 647) and to prison establishments. 19. The co-operation of others in the criminal justice system is also needed. In particular: • listing officers and court administrators, concerning listing of cases and notification of plea • legal representatives (i.e. defence solicitors and barristers and crown prosecutors), e.g. concerning notification of plea, provision of advance information and in relation to breach • the police • prisons, to ensure prompt access for interview with offenders remanded in custody and in conducting effective throughcare. 20. It is recognised that the attainment of the standards by probation and social services is dependent on the co-operation of others with whom they work. The Probation Committee/Social Services Committee of the local authority should ensure that their CPO/DSS has established effective liaison with other individuals and agencies. There should be close liaison with the private and voluntary sector organisations with whom

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services work in partnership. Good Public Relations 21. It is important that services should forge links with the local community and promote their activities to achieve a wider understanding amongst the general public of the value of community penalties and the supervision of prisoners on post-release supervision in providing effective punishment for offenders and protection for the public from further offending. Services should seek good publicity for their successful programmes emphasising the demanding nature of community penalties, in order to secure public confidence and the maximum cooperation with, and opportunity for, offenders’ effective supervision.

2. PRE-SENTENCE REPORTS Introduction This National Standard sets out the requirements for preparing pre-sentence reports (PSRs). A PSR is a report in writing, made or submitted in accordance with this standard by a probation officer or a social worker of a local authority social services department, with a view to assisting the court in determining the most suitable method of dealing with an offender which imposes a restriction on liberty commensurate with the seriousness of the offence. 2. The PSR should therefore be impartial, balanced and factually accurate. It is the individual report writer’s responsibility to ensure that the report meets the requirements of this standard. This standard applies to PSRs prepared for all courts. 3. The purpose of the PSR is to provide a professional assess-ment of the nature and the causes of a person’s offending behaviour and the action which can be taken to reduce re-offending. 4. If an offender withholds consent to the preparation of a PSR (for example by refusing to attend an interview) the report writer remains under a duty to produce the most useful report possible using the information available. However, it should be clearly explained to the court in the report that the offender was uncooperative in the preparation of the report. A report should always be provided when one is requested by the court; and provided that all reasonable steps are taken to assist the court to overcome the offender’s non co-operation, a report prepared in these circumstances will comply with this standard. 5. The report writer should: • ensure that the offender and the parent or person(s) with parental responsibility, if appropriate, in the case of a young offender (see paragraph 35) has been offered at least two opportunities for an appointment to prepare the PSR. If the offender fails to attend the first interview a second one should be offered within the normal remand period • take all reasonable steps to obtain available relevant information about the

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offender and his or her circumstances for inclusion in the report. In the case of young offenders this should include information from the school where relevant (see paragraph 37). In the case of offenders who have been resident in an approved hostel, this should include the assessment of the resident while at the hostel • include in the report an account of the steps taken to obtain relevant information. 6. The report writer should check with the police (who will be able to disclose this information to the probation service and social services for use in the PSR) whether the offender has been arrested for other offences or has been committed for trial by another court, so that the PSR can fully reflect the relevant circumstances. 76. Where language differences or hearing difficulties impair effective communication between the report writer and anyone who should be interviewed, an accredited interpreter should be used. Form and Content of the Report PSR format 8. A PSR should start by setting out basic information on a front sheet. The report should then be set out under the following headings: • Introduction • Offence analysis • Relevant information about the offender • Risk to the public of re-offending • Conclusion 9. To be easily understood by all prospective readers, PSRs should be clear, concise, free of jargon, coherent and accurate in grammar, syntax and spelling. Front sheet 10. The front sheet should set out: • the following headline paragraph: ‘Thisis a pre-sentence report as defined in section 3(5) of the Criminal Justice Act 1991. It has been prepared in accordance with the requirements of the National Standard for pre-sentence reports. This report is a confidential document’ • full name of offender (first name(s) followed by family name in CAPITALS) • full address • date of birth • offence(s) dealt with in PSR • offence date(s)

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court Petty Sessions Area and supervising court hearing date date report requested and indication of whether PSR is expedited name, official title, office location and telephone number of PSR writer date PSR completed and signed. Introduction

11. The introduction should include a summary of the sources drawn upon to prepare the report (documents seen, people interviewed and agencies consulted), identifying steps taken to verify information and, if appropriate, drawing attention to any other potentially useful sources to which it was not possible to have access. If the report writer is doubtful about the accuracy of any information he or she should say why that is so. In the case of a young offender the introduction should indicate whether the parent(s) or guardian, has been interviewed and whether the parent(s) and the young person have seen the report (in accordance with the Children and Young Persons Rules 1992, SI 2071, under the Magistrates’ Courts Act 1980). If an interpreter was used this should be indicated. The introduction should state whether the offender is known to the writer, the probation service or the social services department; and the number of interviews undertaken with the offender in preparing the report. Offence analysis 12. This section of the PSR should contain an analysis of the offence(s) before the court. Its primary aims are to highlight key features of the offence(s) and its circumstances (without re-stating all the evidence already before the court) which are likely to be relevant to the court in reaching a judgment about its nature and seriousness; and to assist the court’s understanding of why the offender committed this offence at this time. 13. The report should acknowledge and take account of any preliminary non-binding indication of seriousness which the court may have given. Where analysis of the offence exposes information which the court might interpret as mitigating or aggravating features which could lead it to modify its preliminary view, the report should draw these to its attention, without using the terminology of aggravation or mitigation. 14. The report writer will need to form a view of how serious the offence is in order to ensure that the restriction on liberty con-tained in any community sentence proposed is commensurate with the nature of the offence, but the report should not express a firm judgment about the seriousness of an offence (whether on the basis of the offence analysis or previous convictions): that is the responsibility of the court. Seriousness scales should not be quoted in the PSR. 15. The analysis should include: • an analysis of the offence(s) committed including an assessment of the offender’s culpability and the degree of premeditation • an assessment of the context in which the offence occurred, including

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information about relevant associated offences (an offence is associated with another if, either an offender is convicted of it in the same proceedings or, if previously convicted, sentenced for it at the same time; or during the proceeding in which sentence is passed for the other offence, he or she admits that he or she committed it, and asks for it to be taken into consideration) • an assessment of the consequences of the offence,including the impact on the victim as set out in victim statements or other papers available from the Crown Prosecution Service (CPS) or the damage otherwise done by the offence • an assessment of the offender’s attitude to the victim and offence and awareness of its consequences drawing attention to any evidence of acceptance or minimisation of responsibility, remorse or guilt and any expressed desire to make amends • assessment of the implications of any special circumstances, e.g. family crisis, which were directly relevant to the offending drawing attention to any ways in which they may be relevant to the court’s judgment of its seriousness. 16. Where there is a specific feature of the offence which appears to conform to a pattern of previous offending which could be relevant to the court’s judgment as to its seriousness (e.g. targeting vulnerable victims), it should be included in this section. Otherwise, discussion of offending history should take place in the following section of the report. Relevant information about the offender 17. The aim of this section of the report is to give a concise assess-ment of the offender’s personal and social circumstances which could assist the court in deciding on the suitability of relevant sentencing options in the case concerned. 18. The report should make clear whether or not the offender has previous convictions. 19. The report should evaluate any patterns of offending which may be identified in the light of the personal and social factors which have contributed to them. The report need not, and normally should not include full details of the offender’s criminal history, which will be available to the court from the prosecution. Where relevant, the length of time since the most recent previous conviction should be included (a lengthening or a shortening of time between convictions should be noted). 20. The report should consider the outcome of any earlier court sentences or orders in lieu of sentence, drawing attention to any relevant achievements or failures. Where an offender had been breached or committed a further offence during a previous community order, there should be an assessment of whether there were nevertheless any partial successes on which further work with the offender might be able to build. The reasons behind any failure of a previous community order through breach or the commission of further offences should be identified. 21. In recording relevant personal or social information about the offender the report should be selective, focusing on information relevant to the offending behaviour (or any pattern of it); to the likelihood of further offending; and to the offender’s capacity or motivation to change. But the report should also provide a balanced picture of the

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offender, setting out both strengths and weaknesses. The report should therefore indicate whether or not any positive action has been taken by the offender (or on behalf of a young offender by the parents or local authority) since the offence was committed. 22. Where a community care assessment may be relevant, steps should be taken, where practicable, to arrange for it to be carried out at the same time as the report is being prepared. The report should draw the assessment to the attention of the court. Where a medical report is thought necessary or before a probation order with additional requirements can be made (see paragraph 30), the report writer should invite the court at the earliest opportunity to consider ordering such a report to be made. Risk to the public of re-offending 23. The aim of this section of the report is to distil the analysis of the previous section into a concise statement of the report writer’s professional judgment of the risk of reoffending and the risk of harm to the public which the offender who is the subject of the report now poses. It is not confined to cases of violent or sexual offences where there is a risk of serious harm to the community, 24. The risk estimate has two dimensions: the nature and seriousness of possible further offences, and the likelihood of their occurring. The report should distinguish them, so far as possible, having regard to: • possible patterns of offending behaviour • the offender’s capacity ormotivation to change • the availability of programmes or activities which could reduce the risk or impact of further offending. Condusion 25. The conclusion should flow logically and directly from the rest of the report. It should reflect the preceding assessments of the nature and context of the offence, the offender’s personal circumstances and any potential risk to the public. 26. Where these assessments lead the report writer to the conclusion that a suitable programme could be arranged within a community sentence, if judged appropriate by the court, the report should contain a proposal inviting the court to consider its merits. Where they do not, the report should make it clear that such a programme cannot be proposed and why (see paragraph 33 if custody is a likely option). 27. Unless the court has specifically asked for the report to consider a number of options, any proposal that is made should be for a single specific sentence. However, it may be appropriate to explain what other options have been considered and why they are regarded as less suitable. For example, when a court has asked for a particular option to be considered, and another option is proposed, the report should always explain briefly why the former option is regarded as less suitable. 28. The choice of proposal for a community sentence should: • have regard to the range of programmes and activities available locally (in

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partnership with the independent sector where appropriate) and the type of offender for whom they are most suited • have regard to the individual offender’s personal and social circumstances, as already assessed • have regard to which community order is most suitable for the offender and most likely to be completed without the commission of a further off fence • contain a degree of restriction on liberty matching the nature of the offence. 29. Where a proposal would, exceptionally, depart from the normal expectations set out in the relevant National Standard (e.g. in relation to the programme of supervision or the regime for enforcement of the order[s]), this should be drawn explicitly to the court’s attention in the PSR. 30. Where the proposal envisages a probation order or supervision order including additional requirements, the requirements should be set out in the precise terms proposed. Where the proposal envisages a probation order including a requirement for treatment for a mental condition or for drug and alcohol dependency this should reflect a consultation with the relevant practitioner. The court should be given the name of the practitioner undertaking the necessary assessment, the results of the assessment, the treatment proposed, including confirmation of the acceptance of the offender for treatment by a named practitioner; and what will be required of the offender under the condition of the order (see also paragraph 22 on the provision of medical reports to the courts). Where the proposal envisages a supervision order, it should always include as a prescribed provision under section 18(2)(b) of the Children and Young Persons Act 1969, attendance at the appointments made by the supervising officer (or a person operating under his or her direction) in order to ensure that the courts’ power under section 15(3) to deal with the offender for breach of a requirement included in an order may be brought into play in the event of non-compliance. 31. Where the proposal envisages a probation order, supervision order or combination order, the report should include an outline of the supervision plan proposed for the offender. This should contain a description of the purposes and desired outcomes of the proposed sentence; the methods envisaged and activities likely to be undertaken; a timescale for achieving each objective in the programme; the intensity of supervision envisaged; and the likely effect on other members of the family. If an appropriate order is imposed by the court, the plan will subsequently be of use to the supervising officer in establishing a more detailed plan which will need to be developed, supplemented and regularly reviewed in line with probation, supervision and combination order standard requirements. 32. When any programme involving a community sentence requiring consent is proposed, the conclusion should confirm that the offender has indicated his or her willingness to comply and is clear about the consequences of failure to do so. The description of the proposed programme should make clear the degree of restriction of liberty involved, how the disposal would help to tackle the behaviour which led to the offence and the steps to be taken if the offender does not comply. 33. Where custody is a likely option, the report should identify:

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• any expected adverse effects for the offender and his or her family • any anticipated adverse effects for the offender on his or her education or employment • any other considerations which the court may regard as relevant to the length of sentence. In the case of sex offenders, the report writer should have regard where necessary to the provisions of section 44 of the Criminal Justice Act 1991. Reports on Young Offenders 34. While all the PSR standard applies to Youth Court report writers there are particular considerations which must be borne in mind which are set out below. 35. Where a PSR is being prepared on a child or young person, the report writer must take into account section 44 of the Children and Young Persons Act 1933 which requires the court to have regard for the welfare of the individual. The United Nations Convention on the Rights of the Child, to which the United Kingdom is a signatory, also requires that in all actions concerning children, i.e. those aged below 18 years, in courts of law the best interests of the child shall be the primary consideration. The report writer should therefore take account of the age of the young offender, his or her family background and educational circumstances. 36. In considering possible proposals the report writer should have particular regard to the individual’s maturity where it has an influence on offending or the risk of reoffending. In the case of 16 and 17 year olds the report writer should consider which of the sentences available to the Youth Court is most suitable for the individual offender. 37. Where the young offender is of school age, in every case the report writer should obtain information from the school, pupil referral unit or local education authority, concerning a pupil’s attendance, behaviour and performance, for use in the relevant information about the offender section of the report. In cases where the court orders additional information from the school this should be attached to the PSR. 38. A PSR written on a child or young person should also take account of any care plan prepared for that individual under the Children Act 1989 and must address the child or young person’s relationship with his or her parent(s) or person(s) with parental responsibility and the degree to which they are responsible for the child or young person and should be involved in any supervision. Where a PSR is being prepared on a child or young person it will usually be desirable for the parent to be interviewed as well as the offender. Under the Criminal Justice Act 1991 the parents or guardian of a young offender aged under 16 will be required to attend court with their child unless the court considers it unreasonable to do so. Where the young offender is aged 16 or 17, his or her parents or guardian may be required to attend. 39. Under the 1991 Act (as amended by the Criminal Justice and Public Order Act 1994), courts are under a duty to bind over the parents of a young offender under 16 to take proper care of him or her and exercise proper control over him, where they think it is desirable in the interests of preventing offending.The courts have a power to bind over the parents of offenders aged 16 or 17. Where the young offender is subject to a community

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order, courts can further bind over parents to ensure that their children comply with the order’s requirements. PSRs have an important role to play in providing information and advice to the courts which can help them to decide upon the desirability or otherwise of proposing a bindover. The factors which may be relevant to such a decision include: • whether the juvenile is likely to benefit from increased supervision and intervention by parents • whether the parents’ authority and control over the juvenile would be strengthened • whether the parents are physically in a position to exercise the necessary degree of care and control (e.g. the juvenile may be living away from the parents) and • the circumstances ofthe present offence. 40. The PSR writer should bear in mind that under the 1991 Act the court has a duty to order the parents or guardian to pay any financial penalties imposed on their children aged under 16 unless it considers it unreasonable to do so. The court has the power rather than a duty to order the parents to pay the penalty in the case of 16 and 17 year old offenders. Confidentiality 41. The offender should be given a copy of the report by the probation service or social services department, which should be read aloud to those who cannot read, or read aloud in translation for those whose first language is not English. The offender should be offered an explanation of possible disclosure of the report (e.g. to the prison in the event of custodial sentence, see below). At the same time a further copy should be given to his or her legal representative, if any. In the case of a young offender, his or her parent(s), or person(s) with parental responsibility should be given a copy. 42. Information contained in a PSR should be limited to that which is relevant to sentencing. Nevertheless, information in the PSR on the offender’s needs and problems and suggestions for programmes to address these can be of value to prison staff in planning and supervising custody, if that is imposed. In the case of an offender who receives a custodial sentence, a copy of the report should therefore be made available by the probation service/social services department for use by the custodial institution. 43. Reports should otherwise be treated as confidential documents, subject to no wider disclosure without the offender’s consent. Service to the Courts 44. The provision of PSRs is subject to the following standards of service to the courts. Crown Court 45. An agreement or statement of preferred practice should be developed locally and should include the arrangements agreed between the local probation service, in

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consultation with the social services department and the resident judge on behalf of the Crown Court Centre, as the preferred basis for the commissioning of PSRs and the operation of PSR procedures. Agreements should cover arrangements for pre-trial and post-conviction PSRs; including, in the case of pre-trial PSRs arrangements for guilty pleas, mixed pleas, not guilty pleas and defendants already under statutory supervision. Agreements should include a commitment to avoid delays by all parties. Agreements should be monitored and reviewed regularly. 46. In preparing reports for the Crown Court, the objectives should be: • to avoid, as far as possible, adjournments for reports, by preparing PSRs in advance of trial whenever sufficient notice of a guilty plea is given to any charge in respect of which a PSR might have to be provided (reports should be available for the sentencing judge by 1.00pm on the day before the sentencing date so that the judge has time to read and think about them in advance) • where adjournment for a PSR is necessary, to prepare the report as expeditiously as possible, especially if the trial judge wishes the report to be available quickly or there is any other reason for urgency, consistent with the requirements of this standard • where adjournment would involve a custodial remand, to offer a same-day PSR unless the court agrees that the time required to prepare the PSR should be extended, for example, where an assessment by a medical practitioner (or by a local authority for the purposes of a residential placement under community care arrangements) is needed. If the case is briefly stood down the report writer should assess the complexity of the case and report to the court explaining the position, what further enquiries or assessment may be necessary and the time needed to prepare the PSR. Magistrates’ Courts 47. Each area service should develop a working agreement for each magistrates’ court for its area along the same lines as the statement of preferred practice for the Crown Court. These agreements should be made with the chairman of the bench and the clerk to the justices concerned. Agreements should set targets for the preparation of high quality, timely PSRs, taking account of the requirements and constraints on the other statutory and independent sector organisations involved in the process. 48. As in the Crown Court, cases may arise where the time required to prepare a PSR may need to be extended (see paragraph 46). In these cases the report writer should explain to the court the complexity of the case, what further enquiries may be necessary and the time needed to prepare the PSR. Youth Courts 49. The local authority and probation service should develop a working agreement for each Youth Court setting targets for the preparation of high quality, timely PSRs for its area, along the same lines as the magistrates’ court agreements (see paragraph 47) and

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statements of preferred practice for the Crown Court. All courts 50. All reports should be prepared as expeditiously as possible, particularly where the offender is remanded in custody awaiting sentence. If a guilty plea has been indicated, and especially where a defendant is already under supervision, it may be possible to begin preparation of a PSR before the plea is taken. In this situation, the defendant’s legal representative should be consulted wherever possible. Whenever a case is adjourned for a report, the report should be allocated immediately. The report writer should contact the offender as soon as possible, and in any event within two working days, with an appointment date to enable the preparation of the report to be undertaken without delay. 51. Reports should be prepared within a maximum of 15 working days unless the court requires otherwise. Where possible, report writers should attend court personally if the case is complicated or if the offender is already under supervision. Failing this, the court duty officer should be fully briefed. 52. Information from the CPS should be handled in accordance with its national operational standard for disclosure of information to the probation service. Where CPS information does not provide sufficient detail for a proper assessment of pattern of offending or risk to the public to be made, the report writer should obtain any necessary additional information about previous offences from the police. The report writer should retain information from the CPS in all cases where there is to be continuing involvement by the probation service and pass this to the supervising officer, in case of future breach proceedings and the need to provide details of the original offence.

APPENDIX 4 Police and Criminal Evidence Act 1984 Home Office Codes of Practice (EFFECTIVE 10 APRIL, 1995) (EXTRACTS)

CODE A [Some of these codes contain cross-references which have not been reproduced. The full text should therefore be consulted where appropriate.] 1 General 1.1 This code of practice must be readily available at all police stations for consultation by police officers, detained persons and members of the public. 1.2 The notes for guidance included are not provisions of this code, but are guidance to police officers and others about its application and interpretation. Provisions in the annexes to the code are provisions of this code. 1.3 This code governs the exercise by police officers of statutory powers to search a person without first arresting him or to search a vehicle without making an arrest. 1.5 This code applies to stops and searches under powers: (a) requiring reasonable grounds for suspicion that articles unlawfully obtained or possessed are being carried; (b) authorised under section 60 of the Criminal Justice and Public Order Act 1994 based upon a reasonable belief that incidents involving serious violence may take place within a locality; (c) authorised under section 13A of the Prevention of Terrorism (Temporary Provisions) Act 1989 as amended by section 81 of the Criminal Justice and Public Order Act 1994; (d) exercised under paragraph 4(2) of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989. (b) Authorisation under section 60 of the Criminal Justice and Public Order Act 1994 1.8 Authority to exercise powers of stop and search under section 60 of the Criminal Justice and Public Order Act 1994 may be given where it is reasonably believed that incidents involving serious violence may take place in a locality, and it is expedient to use these powers to prevent their occurrence. Authorisation should normally be given by an officer of the rank of superintendent or above, in writing, specifying the locality in which the powers may be exercised and the period of time for which they are in force.

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Authorisation may be given by an inspector or chief inspector if he reasonably believes that violence is imminent and no superintendent is available. In either case the period authorised shall be no longer than appears reasonably necessary to prevent, or try to prevent incidents of serious violence, and it may not exceed 24 hours. A superintendent or the authorising officer may direct that the period shall be extended for a further six hours if violence has occurred or is suspected to have occurred and the continued use of the powers is considered necessary to prevent further violence. That direction must also be given in writing at the time or as soon as practicable afterwards. [See Notes 1F and 1G ] (c) Authorisation under section 13A of the Prevention of Terrorism (Temporary Provisions) Act 1989, as amended by section 81 of the Criminal Justice and Public Order Act 1994 1.8A Authority to exercise the powers of stop and search under section 13 A of the Prevention of Terrorism (Temporary Provisions) Act 1989 may be given where it appears expedient to do so to prevent acts of terrorism. Authorisation must be given by an officer of the rank of assistant chief constable (or equivalent) or above, in writing, specifying where the powers may be exercised and the period of time for which they are to remain in force. The period authorised may not exceed 28 days. Further periods of up to 28 days may be authorised. (See Notes 1F and 1G ]

Notes for Guidance 1A It is important to ensure that powers of stop and search are used responsibly by those who exercise them and those who authorise their use. An officer should bear in mind that he may be required to justify the authorisation or use of the powers to a senior officer and in court, and that misuse of the powers is likely to be harmful to the police effort in the long term and can lead to mistrust of the police by the community. Regardless of the power exercised all police officers should be careful to ensure that the selection and treatment of those questioned or searched is based upon objective factors and not upon personal prejudice. It is also particularly important to ensure that any person searched is treated courteously and considerately. 1B This code does not affect the ability of an officer to speak or to question a person in the ordinary course of his duties (and in the absence of reasonable suspicion) without detaining him or exercising any element of compulsion. It is not the purpose of the code to prohibit such encounters between the police and the community with the co-operation of the person concerned and neither does it affect the principle that all citizens have a duty to help police officers to prevent crime and discover offenders. 1D Nothing in this code affects a. the routine searching of persons entering sports grounds or other premises with their consent, or as a condition of entry; or

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b. the ability of an officer to search a person in the street with his consent where no search power exists. In these circumstances an officer should always make it clear that he is seeking the consent of the person concerned to the search being carried out by telling the person that he need not consent and that without his consent he will not be searched. 1F It is for the authorising officer to determine the period of time during which the powers mentioned in paragraph 1.5(b) and (c) may be exercised. The officer should set the minimum period he considers necessary to deal with the risk of violence or terrorism. A direction to extend the period authorised under the powers mentioned in paragraph 1.5(b) may be given only once. Thereafter further use of the powers requires a new authorisation. 1G It is for the authorising officer to determine the geographical area in which the use of the powers are to be authorised. In doing so he may wish to take into account factors such as the nature and venue of the anticipated incident, the numbers of people who may be in the immediate area of any possible incident, their access to surrounding areas and the anticipated level of violence. The officer should not set a geographical area which is wider than that he believes necessary for the purpose of preventing anticipated violence or terrorism. 2 Action before a search is carried out (b) All searches 2.4 Before any search of a detained person or attended vehicle takes place the officer must take reasonable steps to give the person to be searched or in charge of the vehicle the following information: (i) his name (except in the case of enquiries linked to the investigation of terrorism, in which case he shall give his warrant or other identification number) and the name of the police station to which he is attached; (ii) the object of the search; and (iii) his grounds or authorisation for undertaking it. 2.5 If the officer is not in uniform he must show his warrant card. In doing so in the case of enquiries linked to the investigation of terrorism, the officer need not reveal his name. Stops and searches under the powers mentioned in paragraphs 1.5 (b) and (c) may be undertaken only by a constable in uniform. 2.6 Unless it appears to the of officer that it will not be practicable to make a record of the search, he must also inform the person to be searched (or the owner or person in charge of a vehicle that is to be searched, as the case may be) that he is entitled to a copy of the record of the search if he asks for it within a year. If the person wishes to have a copy and is not given one on the spot, he shall be advised to which police station he should apply. 2.7 If the person to be searched, or in charge of a vehicle to be searched, does not appear to understand what is being said, or there is any doubt about his ability to

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understand English, the officer must take reasonable steps to bring the information in paragraphs 2.4 and 2.6 to his attention. If the person is deaf or cannot understand English and has someone with him then the officer must try to establish whether that person can interpret or otherwise help him to give the required information.

Note for Guidance 2A In some circumstances preparatory questioning may be unnecessary, but in general a brief conversation or exchange will be desirable as a means of avoiding unsuccessful searches. Where a person is lawfully detained for the purpose of a search, but no search in the event takes place, the detention will not thereby have been rendered unlawful. 3 Conduct of the search 3.1 Every reasonable effort must be made to reduce to the minimum the embarrassment that a person being searched may experience. 3.2 The co-operation of the person to be searched shall be sought in every case, even if he initially objects to the search. A forcible search may be made only if it has been established that the person is unwilling to co-operate (e.g. by opening a bag) or resists. Although force may only be used as a last resort, reasonable force may be used if necessary to conduct a search or to detain a person or vehicle for the purposes of a search. 3.3 The length of time for which a person or vehicle may be detained will depend on the circumstances, but must in all circumstances, be reasonable and not extend beyond the time taken for the search. Where the exercise of the power requires reasonable suspicion, the thoroughness and extent of a search must depend on what is suspected of being carried, and by whom. If the suspicion relates to a particular article which is seen to be slipped into a person’s pocket, then, in the absence of other grounds for suspicion or an opportunity for the article to be moved elsewhere, the search must be confined to that pocket. In the case of a small article which can readily be concealed, such as a drug, and which might be concealed anywhere on the person, a more extensive search may be necessary. In the case of searches mentioned in paragraph 1.5 (b), (c) and (d), which do not require reasonable grounds for suspicion, the officer may make any reasonable search to find what he is empowered to search for. [See Note 3B ] 3.4 The search must be conducted at or nearby the place where the person or vehicle was first detained. 3.5 Searches in public must be restricted to superficial examination of outer clothing. There is no power to require a person to remove any clothing in public other than an outer coat, jacket or gloves. Where on reasonable grounds it is considered necessary to conduct a more thorough search (e.g. by requiring a person to take off a T-shirt or headgear), this shall be done out of public view for example, in a police van or police station if there is one nearby. Any search involving the removal of more than an outer coat, jacket, gloves, headgear or footwear may only be made by an officer of the same sex as the person searched and may not be made in the presence of anyone of the

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opposite sex unless the person being searched specifically requests it. [See Note 3A ] 3.5A Where a pedestrian is stopped under section 13A of the Prevention of Terrorism (Temporary Provisions) Act 1989, a search may be made of anything carried by him. The pedestrian himself must not be searched under this power. This would not prevent a search being carried out under other powers, if in the course of a search of anything carried by the pedestrian, the police officer formed reasonable grounds for suspicion.

Notes for Guidance 3A A search in the street itself should be regarded as being in public for the purposes of paragraph 3.5 above, even though it may be empty at the time a search begins. Although there is no power to require a person to do so, there is nothing to prevent an officer from asking a person to voluntarily remove more than an outer coat, jacket or gloves in public. 3B As a search of a person in public should be superficial examination of outer clothing, such searches should be completed as soon as possible. 4 Action after a search is carried out (a) General 4.1 An officer who has carried out a search must make a written record unless it is not practicable to do so, on account of the numbers to be searched or for some other operational reason, e.g. in situations involving public disorder. 4.2 The records must be completed as soon as practicable—on the spot unless circumstances (e.g. other immediate duties or very bad weather) makes this impracticable. 4.3 The record must be made on the form provided for this purpose (the national search record). 4.4 In order to complete the search record the officer shall normally seek the name, address and date of birth of the person searched, but under the search procedures there is no obligation on a person to provide these details and no power to detain him if he is unwilling to do so. 4.5 The following information must always be included in the record of a search even if the person does not wish to identify himself or give his date of birth: (i) the name of the person searched, or (if he withholds it) a description of him; (ii) a note of the person’s ethnic origin; (iii) when a vehicle is searched, a description of it, including its registration number; [See Note 4B ] (iv) the object of the search; (v) the grounds for making it; (vi) the date and time it was made; (vii) the place where it was made;

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(viii) its results; (ix) a note of any injury or damage to property resulting from it; (x) the identity of the officer making it (except in the case of enquiries linked to the investigation of terrorism, in which case the record shall state the officer’s warrant or other identification number and duty station). [See Note 4A ] 4.6 A record is required for each person and each vehicle searched. However, if a person is in a vehicle and both are searched, and the object and grounds of the search are the same, only one record need be completed. 4.7 The record of the grounds for making a search must, briefly but informatively, explain the reason for suspecting the person concerned, whether by reference to his behaviour or other circumstances; or in the case of those searches mentioned in paragraph 1.5 (b), (c) and (d) by stating the authority provided to carry out such a search. 4.7A The driver (but not any passengers) of a vehicle which is stopped in accordance with the powers mentioned in paragraphs 1.5 (b) and (c) may obtain a written statement to that effect within twelve months from the day the vehicle was searched. A written statement may be similarly obtained by a pedestrian if he is stopped in accordance with the powers mentioned in paragraph 1.5 (b) and (c) (see paragraph 2.6). The statement may form part of the national search record or be supplied on a separate document. [See Note 4C ] (b) Unattended vehicles 4.8 After searching an unattended vehicle, or anything in or on it, an officer must leave a notice in it (or on it, if things in or on it have been searched without opening it) recording the fact that it has been searched. 4.9 The notice shall include the name of the police station to which the officer concerned is attached and state where a copy of the record of the search may be obtained and where any application for compensation should be directed. 4.10 The vehicle must if practicable be left secure.

Notes for Guidance 4A Where a search is conducted by more than one officer the identity of all the officers engaged in the search must be recorded on the search record. 4B Where a vehicle has not been allocated a registration number (e.g. a rally car or a trials motorbike) that part of the requirements under 4.5 (iii) does not apply. 4C In paragraph 4.7A, a written statement means a record that a person or vehicle was stopped under the powers contained in paragraph 1.5 (b) and (c) of this code.

CODE C DETENTION, TREATMENT AND QUESTIONING OF PERSONS BY POLICE OFFICERS

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10 Cautions (a) When a caution must be given 10.1 A person whom there are grounds to suspect of an offence must be cautioned before any questions about it (or further questions if it is his answers to previous questions which provide the grounds for suspicion) are put to him regarding his involvement or suspected involvement in that offence if his answers or his silence (i.e. failure or refusal to answer a question or to answer satisfactorily) may be given in evidence to a court in a prosecution. He therefore need not be cautioned if questions are put for other purposes, for example, solely to establish his identity or his ownership of any vehicle or to obtain information in accordance with any relevant statutory requirement (see paragraph 10.5C) or in furtherance of the proper and effective conduct of a search, (for example to determine the need to search in the exercise of powers of stop and search or to seek cooperation while carrying out a search) or to seek verification of a written record in accordance with paragraph 11.13. 10.2 Whenever a person who is not under arrest is initially cautioned or is reminded that he is under caution (see paragraph 10.5) he must at the same time be told that he is not under arrest and not obliged to remain with the officer (see paragraph 3.15). 10.3 A person must be cautioned upon arrest for an offence unless: (a) it is impracticable to do so by reason of his condition or behaviour at the time; or (b) he has already been cautioned immediately prior to arrest in accordance with paragraph 10.1 above. (b) Action: general 10.4 The caution shall be in the following terms: ‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’ Minor deviations do not constitute a breach of this requirement provided that the sense of the caution is preserved. [See Note 10C ] 10.5 When there is a break in questioning under caution the interviewing officer must ensure that the person being questioned is aware that he remains under caution. If there is any doubt the caution shall be given again in full when the interview resumes. [See Note 10A ] SPECIAL WARNINGS UNDER SECTIONS 36 AND 37 OF THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 10.5A When a suspect who is interviewed after arrest fails or refuses to answer certain questions, or to answer them satisfactorily, after due warning, a court or jury may draw such inferences as appear proper under sections 36 and 37 of the Criminal Justice and

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Public Order Act 1994. This applies when: (a) a suspect is arrested by a constable and there is found on his person, or in or on his clothing or footwear, or otherwise in his possession, or in the place where he was arrested, any objects, marks or substances, or marks on such objects, and the person fails or refuses to account for the objects, marks or substances found; or (b) an arrested person was found by a constable at a place at or about the time the offence for which he was arrested, is alleged to have been committed, and the person fails or refuses to account for his presence at that place. 10.5B For an inference to be drawn from a suspect’s failure or refusal to answer a question about one of these matters or to answer it satisfactorily, the interviewing officer must first tell him in ordinary language: (a) what offence he is investigating; (b) what fact he is asking the suspect to account for; (c) that he believes this fact may be due to the suspect’s taking part in the commission of the offence in question; (d) that a court may draw a proper inference if he fails or refuses to account for the fact about which he is being questioned; (e) that a record is being made of the interview and that it may be given in evidence if he is brought to trial. 10.5C Where, despite the fact that a person has been cautioned, failure to co-operate may have an effect on his immediate treatment, he should be informed of any relevant consequences and that they are not affected by the caution. Examples are when his refusal to provide his name and address when charged may render him liable to detention, or when his refusal to provide particulars and information in accordance with a statutory requirement, for example, under the Road Traffic Act 1988, may amount to an offence or may make him liable to arrest. (c) Juveniles, the mentally disordered and the mentally handicapped 10.6 If a juvenile or a person who is mentally disordered or mentally handicapped is cautioned in the absence of the appropriate adult, the caution must be repeated in the adult’s presence. (d) Documentation 10.7 A record shall be made when a caution is given under this section, either in the officer’s pocket book or in the interview record as appropriate.

Notes for Guidance 10A In considering whether or not to caution again after a break, the officer should bear in mind that he may have to satisfy a court that the person understood that he

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was still under caution when the interview resumed. 10C If it appears that a person does not understand what the caution means, the officer who has given it should go on to explain it in his own words. 11 Interviews: general (a) Action 11.2A At the beginning of an interview carried out in a police station, the interviewing officer, after cautioning the suspect, shall put to him any significant statement or silence which occurred before his arrival at the police station, and shall ask him whether he confirms or denies that earlier statement or silence and whether he wishes to add anything. A ‘significant’ statement or silence is one which appears capable of being used in evidence against the suspect, in particular a direct admission of guilt, or failure or refusal to answer a question or to answer it satisfactorily, which might give rise to an inference under Part III of the Criminal Justice and Public Order Act 1994. 11.3 No police officer may try to obtain answers to questions or to elicit a statement by the use of oppression. Except as provided for in paragraph 10.5C, no police officer shall indicate, except in answer to a direct question, what action will be taken on the part of the police if the person being interviewed answers questions, making a statement or refuses to do either. If the person asks the officer directly what action will be taken in the event of his answering questions, making a statement or refusing to do either, then the officer may inform the person what action the police propose to take in that event provided that action is itself proper and warranted. 16 Charging of detained persons (a) Action 16.2 When a detained person is charged with or informed that he may be prosecuted for an offence he shall be cautioned in the following terms: ‘You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.’ 16.3 At the time a person is charged he shall be given a written notice showing particulars of the offence with which he is charged and including the name of the officer in the case (in terrorist cases, the officer’s warrant or other identification number instead), his police station and the reference number for the case. So far as possible the particulars of the charge shall be stated in simple terms, but they shall also show the precise offence in law with which he is charged. The notice shall begin with the following words: ‘You are charged with the offence(s) shown below. You do not have to say

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anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.’ If the person is a juvenile or is mentally disordered or mentally handicapped the notice shall be given to the appropriate adult. 16.4 If, at any time after a person has been charged with or informed that he may be prosecuted for an offence, a police officer wishes to bring to the notice of that person any written statement made by another person or the content of an interview with another person, he shall hand to that person a true copy of any such written statement or bring to his attention the content of the interview record, but shall say or do nothing to invite any reply or comment save to warn him that he does not have to say anything but that anything he does say may be given in evidence and to remind him of his right to legal advice in accordance with paragraph 6.5 above. If the person cannot read then the officer may read it to him. If the person is a juvenile or mentally disordered or mentally handicapped the copy shall also be given to, or the interview record brought to the attention of, the appropriate adult. 16.5 Questions relating to an offence may not be put to a person after he has been charged with that offence, or informed that he may be prosecuted for it, unless they are necessary for the purpose of preventing or minimising harm or loss to some other person or to the public or for clearing up an ambiguity in a previous answer or statement, or where it is in the interests of justice that the person should have put to him and have an opportunity to comment on information concerning the offence which has come to light since he was charged or informed that he might be prosecuted. Before any such questions are put to him, he shall be warned that he does not have to say anything but that anything he does say may be given in evidence and reminded of his right to legal advice in accordance with paragraph 6.5 above. [See Note 16A] 16.6 Where a juvenile is charged with an offence and the custody officer authorises his continued detention he must try to make arrangements for the juvenile to be taken into care of a local authority to be detained pending appearance in court unless he certifies that it is impracticable to do so, or, in the case of a juvenile of at least 12 years of age, no secure accommodation is available and there is a risk to the public of serious harm from that juvenile, in accordance with section 38(6) of the Police and Criminal Evidence Act 1984, as amended by Section 59 of the Criminal Justice Act 1991 and section 24 of the Criminal Justice and Public Order Act 1994. [See Note 16B ] (b) Documentation 16.9 If it is not practicable to make arrangements for the transfer of a juvenile into local authority care in accordance with paragraph 16.6 above the custody officer must record the reasons and make out a certificate to be produced before the court together with the juvenile.

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Notes for Guidance 16B Except as provided for in 16.6 above, neither a juvenile’s behaviour nor the nature of the offence with which he is charged provides grounds for the custody officer to decide that it is impracticable to seek to arrange for his transfer to the care of the local authority. Similarly, the lack of secure local authority accommodation shall not make it impracticable for the custody officer to transfer him. The availability of secure accommodation is only a factor in relation to a juvenile aged 12 or over when the local authority accommodation would not be adequate to protect the public from serious harm from the juvenile. The obligation to transfer a juvenile to local authority accommodation applies as much to a juvenile charged during the daytime as it does to a juvenile to be held overnight, subject to a requirement to bring the juvenile before a court under section 46 of the Police and Criminal Evidence Act 1984.

ANNEX A INTIMATE (AND STRIP) SEARCHES A Intimate Search 1. An ‘intimate search’ is a search which consists of the physical examination of a person’s body orifices other than the mouth. (a) Action Body orifices other than the mouth may be searched only if an officer of the rank of superintendent or above has reasonable grounds for believing: (a) that an article which could cause physical injury to the detained person or others at the police station has been concealed; or (b) that the person has concealed a Class A drug which he intended to supply to another or to export; and (c) that in either case an intimate search is the only practicable means of removing it. The reasons why an intimate search is considered necessary shall be explained to the person before the search takes place. 3. An intimate search may only be carried out by a registered medical practitioner or registered nurse, unless an officer of at least the rank of superintendent considers that this is not practicable and the search is to take place under sub-paragraph 1(a) above. 4. An intimate search under sub-paragraph 1(a) above may take place only at a hospital, surgery, other medical premises or police station. A search under sub-paragraph 1(b) may take place only at a hospital, surgery or other medical premises. 5. An intimate search at a police station of a juvenile or a mentally disordered or

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mentally handicapped person may take place only in the presence of an appropriate adult of the same sex (unless the person specifically requests the presence of a particular adult of the opposite sex who is readily available). In the case of a juvenile the search may take place in the absence of the appropriate adult only if the juvenile signifies in the presence of the appropriate adult that he prefers the search to be done in his absence and the appropriate adult agrees. A record shall be made of the juvenile’s decision and signed by the appropriate adult. 6. Where an intimate search under sub-paragraph 1(a) above is carried out by a police officer, the officer must be of the same sex as the person searched. Subject to paragraph 5 above, no person of the opposite sex who is not a medical practitioner or nurse shall be present, nor shall anyone whose presence is unnecessary but a minimum of two people, other than the person searched, must be present during the search. The search shall be conducted with proper regard to the sensitivity and vulnerability of the person in these circumstances. (b) Documentation 7. In the case of an intimate search the custody officer shall as soon as practicable record which parts of the person’s body were searched, who carried out the search, who was present, the reasons for the search and its result. 8. If an intimate search is carried out by a police officer, the reason why it was impracticable for a suitably qualified person to conduct it must be recorded.

ANNEX D WRITTEN STATEMENTS UNDER CAUTION (a) Written by a person under caution 1. A person shall always be invited to write down himself what he wants to say. 2. Where the person wishes to write it himself, he shall be asked to write out and sign, before writing what he wants to say, the following: ‘I make this statement of my own free will. I understand that I do not have to say anything but that it may harm my defence if I do not mention when questioned something which I later rely on in court. This statement may be given in evidence.’ 3. Any person writing his own statement shall be allowed to do so without any prompting except that a police officer may indicate to him which matters are material or question any ambiguity in the statement. (b) Written by a police officer 4. If a person says that he would like someone to write it for him, a police officer shall

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write the statement, but, before starting, he must ask him to sign, or make his mark, to the following: ‘I, .............., wish to make a statement. I want someone to write down what I say. I understand that I do not have to say anything but that it may harm my defence if I do not mention when questioned something which I later rely on in court. This statement may be given in evidence.’ 5. Where a police officer writes the statement, he must take down the exact words spoken by the person making it and he must not edit or paraphrase it. Any questions that are necessary (e.g. to make it more intelligible) and the answers given must be recorded contemporaneously in the statement form. 6. When the writing of a statement by a police officer is finished the person making it shall be asked to read it and to make any corrections, alterations or additions he wishes. When he has finished reading it he shall be asked to write and sign or make his mark on the following certificate at the end of the statement: ‘I have read the above statement, and I have been able to correct, alter or add anything I wish. This statement is true. I have made it of my own free will.’

CODE D 5 Identification by body samples and impressions (a) Action INTIMATE SAMPLES 5.1 Intimate samples may be taken from a person in police detention only: (i) if an officer of the rank of superintendent or above has reasonable grounds to believe that such an impression or sample will tend to confirm or disprove the suspect’s involvement in a recordable offence and gives authorisation for a sample to be taken; and (ii) with the suspect’s written consent. 51A Where two or more non-intimate samples have been taken from a person in the course of an investigation of an offence and the samples have proved unsuitable or insufficient for a particular form of analysis and that person is not in police detention, an intimate sample may be taken from him if a police officer of at least the rank of superintendent authorises it to be taken, and the person concerned gives his written consent. [See Note 5B and Note 5E ] 5.2 Before a person is asked to provide an intimate sample he must be warned that if he refuses without good cause, his refusal may harm his case if it comes to trial. [See Note 5A ] If he is in police detention and not legally represented, he must also be reminded of his entitlement to have free legal advice (see paragraph 6.5 of Code C) and the reminder

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must be noted in the custody record. If paragraph 5.1A above applies and the person is attending a police station voluntarily, the officer shall explain the entitlement to free legal advice as provided for in accordance with paragraph 3.15 of Code C. 5.3 Except for samples of urine, intimate samples or dental impressions may be taken only by a registered medical or dental practitioner as appropriate. NON-INTIMATE SAMPLES 5.4 A non-intimate sample may be taken from a detained person only with his written consent or if paragraph 5.5. applies. 5.5 A non-intimate sample may be taken from a person without consent in accordance with the provisions of section 63 of the Police and Criminal Evidence Act 1984, as amended by section 55 of the Criminal Justice and Public Order Act 1994. The principal circumstances provided for are as follows: (i) if an officer of the rank of superintendent or above has reasonable grounds to believe that the sample will tend to confirm or disprove the person’s involvement in a recordable offence and gives authorisation for a sample to be taken; or (ii) where the person has been charged with a recordable offence or informed that he will be reported for such an offence; and he has not had a non-intimate sample taken from him in the course of the investigation or if he has had a sample taken from him, it has proved unsuitable or insufficient for the same form of analysis [See Note 5B ]; or (iii) if the person has been convicted of a recordable offence after the date on which this code comes into effect. Section 63A of the Police and Criminal Evidence Act 1984, as amended by section 56 of the Criminal Justice and Public Order Act 1994, describes the circumstances in which a constable may require a person convicted of a recordable offence to attend a police station in order that a non-intimate sample may be taken. 5.6 Where paragraph 5.5. applies, reasonable force may be used if necessary to take nonintimate samples. (b) Destruction 5.8 Except in accordance with paragraph 5.8A below, where a sample or impression has been taken in accordance with this section it must be destroyed as soon as practicable if: (a) the suspect is prosecuted for the offence concerned and cleared; or (b) he is not prosecuted (unless he admits the offence and is cautioned for it). 5.8AIn accordance with section 64 of the Police and Criminal Evidence Act 1984 as amended by section 57 of the Criminal Justice and Public Order Act 1994 samples need not be destroyed if they were taken for the purpose of an investigation of an offence for which someone has been convicted, and from whom a sample was also taken. [See Note 5F ] (c) Documentation 5.9 A record must be made as soon as practicable of the reasons for taking a sample or

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impression and of its destruction. If force is used a record shall be made of the circumstances and those present. If written consent is given to the taking of a sample or impression, the fact must be recorded in writing. 5.10 A record must be made of the giving of a warning required by paragraph 5.2 above. A record shall be made of the fact that a person has been informed under the terms of paragraph 5.11A below that samples may be subject of a speculative search. (d) General 5.11 The terms intimate and non-intimate samples are defined in section 65 of the Police and Criminal Evidence Act 1984, as amended by section 58 of the Criminal Justice and Public Order Act 1994, as follows: (a) ‘intimate sample’ means a dental impression or a sample of blood, semen or any other tissue fluid, urine, or pubic hair, or a swab taken from a person’s body orifice other than the mouth; (b) ‘non-intimate sample’ means: (i) a sample of hair (other than pubic hair) which includes hair plucked with the root [See Note 5C ]; (ii) a sample taken from a nail or from under a nail; (iii) a swab taken from any part of a person’s body including the mouth but not any other body orifice; (iv) saliva; (v) a footprint or similar impression of any part of a person’s body other than a part of his hand. 5.11A A person from whom an intimate or non-intimate sample is to be taken shall be informed beforehand that any sample taken may be the subject of a speculative search. [See Note 5D ] 5.11B The suspect must be informed, before an intimate or non-intimate sample is taken, of the grounds on which the relevant authority has been given, including where appropriate the nature of the suspected offence. 5.12 Where clothing needs to be removed in circumstances likely to cause embarrassment to the person, no person of the opposite sex who is not a medical practitioner or nurse shall be present (unless in the case of a juvenile or a mentally disordered or mentally handicapped person, that person specifically requests the presence of an appropriate adult of the opposite sex who is readily available), nor shall anyone whose presence is unnecessary. However, in the case of a juvenile this is subject to the overriding proviso that such a removal of clothing may take place in the absence of the appropriate adult only if the person signifies in the presence of the appropriate adult that he prefers his absence and the appropriate adult agrees.

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Notes for Guidance 5A In warning a person who is asked to provide an intimate sample in accordance with paragraph 5.2, the following form of words may be used: ‘You do not have to [provide this sample] [allow this swab or impression to be taken], but I must warn you that if you refuse without good cause, your refusal may harm your case if it comes to trial.’ 5B An insufficient sample is one which is not sufficient either in quantity or quality for the purpose of enabling information to be provided for the purpose of a particular form of analysis such as DNA analysis. An unsuitable sample is one which, by its nature, is not suitable for a particular form of analysis. 5C Where hair samples are taken for the purpose of DNA analysis (rather than for other purposes such as making a visual match) the suspect should be permitted a reasonable choice as to what part of the body he wishes the hairs to be taken from. When hairs are plucked they should be plucked individually unless the suspect prefers otherwise and no more should be plucked than the person taking them reasonably considers necessary for a sufficient sample. 5D A speculative search means that a check may be made against other samples and information derived from other samples contained in records or held by or on behalf of the police or held in connection with or as a result of an investigation of an offence. 5E Nothing in paragraph 5.1A prevents intimate samples being taken for elimination purposes with the consent of the person concerned but the provisions of paragraph 1.11, relating to the role of the appropriate adult, should be applied. 5F The provisions for the retention of samples in 5.8A allow for all samples in a case to be available for any subsequent miscarriage of justice investigation. But such samples—and the information derived from them—may not be used in the investigation of any ffence or in evidence against the person who would otherwise be entitled to their destruction.

CODE E 4 The interview (a) Commencement of interviews 4.1 When the suspect is brought into the interview room the police officer shall without delay, but in the sight of the suspect, load the tape recorder with clean tapes and set it to record. The tapes must be unwrapped or otherwise opened in the presence of the suspect. [See Note 4A]

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4.2 The police officer shall then tell the suspect formally about the tape recording. He shall say: (a) that the interview is being tape recorded; (b) his name and rank and the name and rank of any other police officer present except in the case of enquiries linked to the investigation of terrorism where warrant or other identification numbers shall be stated rather than names; (c) the name of the suspect and any other party present (e.g. a solicitor); (d) the date, time of commencement and place of interview; and (e) that the suspect will be given a notice about what will happen to the tapes. [See Note 4B] 4.3 The police officer shall then caution the suspect in the following terms: ‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’ Minor deviations do not constitute a breach of this requirement provided that the sense of the caution is preserved. [See Note 4C] 4.3A The police officer shall remind the suspect of his right to free and independent legal advice and that he can speak to a solicitor on the telephone in accordance with paragraph 6.5 of Code C. 4.3B The police officer shall then put to the suspect any significant statement or silence (i.e. failure or refusal to answer a question or to answer it satisfactorily) which occurred before the start of the tape-recorded interview, and shall ask him whether he confirms or denies that earlier statement or silence or whether he wishes to add anything. A ‘significant’ statement or silence means one which appears capable of being used in evidence against the suspect, in particular a direct admission of guilt, or failure or refusal to answer a question or to answer it satisfactorily, which might give rise to an inference under Part III of the Criminal Justice and Public Order Act 1994. SPECIAL WARNINGS UNDER SECTIONS 36 AND 37 OF THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 4.3C When a suspect who is interviewed after arrest fails or refuses to answer certain questions, or to answer them satisfactorily, after due warning, a court or jury may draw a proper inference from this silence under sections 36 and 37 of the Criminal Justice and Public Order Act 1994. This applies when: (a) a suspect is arrested by a constable and there is found on his person, or in or on his clothing or footwear, or otherwise in his possession, or in the place where he was arrested, any objects, marks or substances, or marks on such objects, and the person fails or refuses to account for the objects, marks or substances found; or (b) an arrested person was found by a constable at a place at or about the time the offence for which he was arrested, is alleged to have been committed, and the person fails or refuses to account for his presence at that place.

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4.3D For an inference to be drawn from a suspect’s failure or refusal to answer a question about one of these matters or to answer it satisfactorily, the interviewing officer must first tell him in ordinary language: (a) what offence he is investigating; (b) what fact he is asking the suspect to account for; (c) that he believes this fact may be due to the suspect’s taking part in the commission of the offence in question; (d) that a court may draw a proper inference from his silence if he fails or refuses to account for the fact about which he is being questioned; (e) that a record is being made of the interview and may be given in evidence if he is brought to trial. 4.3E Where, despite the fact that a person has been cautioned, failure to co-operate may have an effect on his immediate treatment, he should be informed of any relevant consequences and that they are not affected by the caution. Examples are when his refusal to provide his name and address when charged may render him liable to detention, or when his refusal to provide particulars and information in accordance with a statutory requirement, for example, under the Road Traffic Act 1988, may amount to an offence or may make him liable to arrest.