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Outraging public decency | |
297 Offence of outraging public decency triable either way | |
(1) After paragraph 1 of Schedule 1 to the Magistrates’ Courts Act 1980 (c. 43) | |
(offences triable either way by virtue of section 17) there is inserted— | |
“1A An offence at common law of outraging public decency.” | 5 |
(2) This section does not apply in relation to any offence committed before the | |
commencement of this section. | |
Jury service | |
298 Jury service | |
Schedule 29 (jury service) shall have effect. | 10 |
Individual support orders | |
299 Individual support orders | |
After section 1A of the Crime and Disorder Act 1998 (c. 37) there is inserted— | |
“1AA Individual support orders | |
(1) Where a court makes an anti-social behaviour order in respect of a | 15 |
defendant who is a child or young person when that order is made, it | |
must consider whether the individual support conditions are fulfilled. | |
(2) If it is satisfied that those conditions are fulfilled, the court must make | |
an order under this section (“an individual support order”) which— | |
(a) requires the defendant to comply, for a period not exceeding six | 20 |
months, with such requirements as are specified in the order; | |
and | |
(b) requires the defendant to comply with any directions given by | |
the responsible officer with a view to the implementation of the | |
requirements under paragraph (a) above. | 25 |
(3) The individual support conditions are— | |
(a) that an individual support order would be desirable in the | |
interests of preventing any repetition of the kind of behaviour | |
which led to the making of the anti-social behaviour order; | |
(b) that the defendant is not already subject to an individual | 30 |
support order; and | |
(c) that the court has been notified by the Secretary of State that | |
arrangements for implementing individual support orders are | |
available in the area in which it appears to it that the defendant | |
resides or will reside and the notice has not been withdrawn. | 35 |
(4) If the court is not satisfied that the individual support conditions are | |
fulfilled, it shall state in open court that it is not so satisfied and why it | |
is not. | |
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(5) The requirements that may be specified under subsection (2)(a) above | |
are those that the court considers desirable in the interests of | |
preventing any repetition of the kind of behaviour which led to the | |
making of the anti-social behaviour order. | |
(6) Requirements included in an individual support order, or directions | 5 |
given under such an order by a responsible officer, may require the | |
defendant to do all or any of the following things— | |
(a) to participate in activities specified in the requirements or | |
directions at a time or times so specified; | |
(b) to present himself to a person or persons so specified at a place | 10 |
or places and at a time or times so specified; | |
(c) to comply with any arrangements for his education so specified. | |
(7) But requirements included in, or directions given under, such an order | |
may not require the defendant to attend (whether at the same place or | |
at different places) on more than two days in any week; and “week” | 15 |
here means a period of seven days beginning with a Sunday. | |
(8) Requirements included in, and directions given under, an individual | |
support order shall, as far as practicable, be such as to avoid— | |
(a) any conflict with the defendant’s religious beliefs; and | |
(b) any interference with the times, if any, at which he normally | 20 |
works or attends school or any other educational establishment. | |
(9) Before making an individual support order, the court shall obtain from | |
a social worker of a local authority social services department or a | |
member of a youth offending team any information which it considers | |
necessary in order— | 25 |
(a) to determine whether the individual support conditions are | |
fulfilled, or | |
(b) to determine what requirements should be imposed by an | |
individual support order if made, | |
and shall consider that information. | 30 |
(10) In this section and section 1AB below “responsible officer”, in relation | |
to an individual support order, means one of the following who is | |
specified in the order, namely— | |
(a) a social worker of a local authority social services department; | |
(b) a person nominated by a person appointed as chief education | 35 |
officer under section 532 of the Education Act 1996 (c. 56); | |
(c) a member of a youth offending team. | |
1AB Individual support orders: explanation, breach, amendment etc | |
(1) Before making an individual support order, the court shall explain to | |
the defendant in ordinary language— | 40 |
(a) the effect of the order and of the requirements proposed to be | |
included in it; | |
(b) the consequences which may follow (under subsection (3) | |
below) if he fails to comply with any of those requirements; and | |
(c) that the court has power (under subsection (6) below) to review | 45 |
the order on the application either of the defendant or of the | |
responsible officer. | |
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(2) The power of the Secretary of State under section 156(4) of the Criminal | |
Justice Act 2003 includes power by order to— | |
(a) prescribe cases in which subsection (1) above does not apply; | |
and | |
(b) prescribe cases in which the explanation referred to in that | 5 |
subsection may be made in the absence of the defendant, or may | |
be provided in written form. | |
(3) If the person in respect of whom an individual support order is made | |
fails without reasonable excuse to comply with any requirement | |
included in the order, he is guilty of an offence and liable on summary | 10 |
conviction to a fine not exceeding— | |
(a) if he is aged 14 or over at the date of his conviction, £1,000; | |
(b) if he is aged under 14 then, £250. | |
(4) No referral order under section 16(2) or (3) of the Powers of Criminal | |
Courts (Sentencing) Act 2000 (referral of young offenders to youth | 15 |
offender panels) may be made in respect of an offence under subsection | |
(3) above. | |
(5) If the anti-social behaviour order as a result of which an individual | |
support order was made ceases to have effect, the individual support | |
order (if it has not previously ceased to have effect) ceases to have effect | 20 |
when the anti-social behaviour order does. | |
(6) On an application made by complaint by— | |
(a) the person subject to an individual support order, or | |
(b) the responsible officer, | |
the court which made the individual support order may vary or | 25 |
discharge it by a further order. | |
(7) If the anti-social behaviour order as a result of which an individual | |
support order was made is varied, the court varying the anti-social | |
behaviour order may by a further order vary or discharge the | |
individual support order.” | 30 |
300 Individual support orders: consequential amendments | |
(1) The Crime and Disorder Act 1998 (c. 37) is amended as mentioned in | |
subsections (2) to (5). | |
(2) In section 4 of that Act (appeals against orders)— | |
(a) in subsection (1) after “an anti-social behaviour order” there is inserted | 35 |
“, an individual support order”, and | |
(b) in subsection (3) after “1(8)” there is inserted “, 1AB(6)”. | |
(3) In section 18(1) of that Act (interpretation of Chapter 1)— | |
(a) after the definition of “curfew notice” there is inserted— | |
““individual support order” has the meaning given by section | 40 |
1AA(2) above;”, and | |
(b) in the definition of “responsible officer”, before paragraph (a) there is | |
inserted— | |
“(za) in relation to an individual support order, has the | |
meaning given by section 1AA(10) above;”. | 45 |
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(4) In section 18(4) of that Act (cases where social worker or member of a youth | |
offending team to give supervision or directions)— | |
(a) after “directions under” there is inserted “an individual support order | |
or”, and | |
(b) for “the child or, as the case may be, the parent” there is substituted “the | 5 |
child, defendant or parent, as the case may be,”. | |
(5) In section 38 of that Act (local provision of youth justice services), in subsection | |
(4)(f) after “in relation to” there is inserted “individual support orders,”. | |
(6) In section 143(2) (provisions in which sums may be altered) of the Magistrates’ | |
Courts Act 1980 (c. 43), after paragraph (d) there is inserted— | 10 |
“(da) section 1AB(3) of the Crime and Disorder Act 1998 (failure to | |
comply with individual support order);”. | |
Parenting orders and referral orders | |
301 Parenting orders and referral orders | |
Schedule 30 (parenting orders and referral orders) shall have effect. | 15 |
Assessing etc. risks posed by sexual or violent offenders | |
302 Arrangements for assessing etc risks posed by certain offenders | |
(1) In this section— | |
“relevant sexual or violent offender” has the meaning given by section | |
304; | 20 |
“responsible authority”, in relation to any area, means the chief officer of | |
police, the local probation board for that area and the Minister of the | |
Crown exercising functions in relation to prisons, acting jointly. | |
(2) The responsible authority for each area must establish arrangements for the | |
purpose of assessing and managing the risks posed in that area by— | 25 |
(a) relevant sexual and violent offenders, and | |
(b) other persons who, by reason of offences committed by them (wherever | |
committed), are considered by the responsible authority to be persons | |
who may cause serious harm to the public. | |
(3) In establishing those arrangements, the responsible authority must act in co- | 30 |
operation with the persons specified in subsection (6); and it is the duty of | |
those persons to co-operate in the establishment by the responsible authority | |
of those arrangements, to the extent that such co-operation is compatible with | |
the exercise by those persons of their functions under any other enactment. | |
(4) Co-operation under subsection (3) may include the exchange of information. | 35 |
(5) The responsible authority for each area (“the relevant area”) and the persons | |
specified in subsection (6) must together draw up a memorandum setting out | |
the ways in which they are to co-operate. | |
(6) The persons referred to in subsections (3) and (5) are— | |
(a) every youth offending team established for an area any part of which | 40 |
falls within the relevant area, | |
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(b) the Ministers of the Crown exercising functions in relation to social | |
security, child support, war pensions, employment and training, | |
(c) every local education authority any part of whose area falls within the | |
relevant area, | |
(d) every local housing authority or social services authority any part of | 5 |
whose area falls within the relevant area, | |
(e) every registered social landlord which provides or manages residential | |
accommodation in the relevant area in which persons falling within | |
subsection (2)(a) or (b) reside or may reside, | |
(f) every Health Authority or Strategic Health Authority any part of | 10 |
whose area falls within the relevant area, | |
(g) every Primary Care Trust or Local Health Board any part of whose area | |
falls within the relevant area, | |
(h) every NHS trust any part of whose area falls within the relevant area, | |
and | 15 |
(i) every person who is designated by the Secretary of State by order for | |
the purposes of this paragraph as a provider of electronic monitoring | |
services. | |
(7) The Secretary of State may by order amend subsection (6) by adding or | |
removing any person or description of person. | 20 |
(8) The Secretary of State may issue guidance to responsible authorities on the | |
discharge of the functions conferred by this section and section 303. | |
(9) In this section— | |
“local education authority” has the same meaning as in the Education Act | |
1996 (c. 56); | 25 |
“local housing authority” has the same meaning as in the Housing Act | |
1985 (c. 68); | |
“Minister of the Crown” has the same meaning as in the Ministers of the | |
Crown Act 1975 (c. 26); | |
“NHS trust” has the same meaning as in the National Health Service Act | 30 |
1977 (c. 49); | |
“prison” has the same meaning as in the Prison Act 1952 (c. 52); | |
“registered social landlord” has the same meaning as in Part 1 of the | |
Housing Act 1996 (c. 52); | |
“social services authority” means a local authority for the purposes of the | 35 |
Local Authority Social Services Act 1970 (c. 42). | |
303 Review of arrangements | |
(1) The responsible authority for each area must keep the arrangements | |
established by it under section 302 under review with a view to monitoring | |
their effectiveness and making any changes to them that appear necessary or | 40 |
expedient. | |
(2) The responsible authority for any area must exercise their functions under | |
subsection (1) in consultation with persons appointed by the Secretary of State | |
as lay advisers in relation to that authority. | |
(3) The Secretary of State must appoint two lay advisers under subsection (2) in | 45 |
relation to each responsible authority. | |
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(4) The responsible authority must pay to or in respect of the persons so appointed | |
such allowances as the Secretary of State may determine. | |
(5) As soon as practicable after the end of each period of 12 months beginning with | |
1 April, the responsible authority for each area must— | |
(a) prepare a report on the discharge by it during that period of the | 5 |
functions conferred by section 302 and this section, and | |
(b) publish the report in that area. | |
(6) The report must include— | |
(a) details of the arrangements established by the responsible authority, | |
and | 10 |
(b) information of such descriptions as the Secretary of State has notified to | |
the responsible authority that he wishes to be included in the report. | |
304 Section 302: interpretation | |
(1) For the purposes of section 302, a person is a relevant sexual or violent offender | |
if he falls within one or more of subsections (2) to (5). | 15 |
(2) A person falls within this subsection if he is subject to the notification | |
requirements of Part 1 of the Sex Offenders Act 1997. | |
(3) A person falls within this subsection if— | |
(a) he is convicted by a court in England or Wales of murder or an offence | |
specified in Schedule 14, and | 20 |
(b) one of the following sentences is imposed on him in respect of the | |
conviction— | |
(i) a sentence of imprisonment for a term of 12 months or more, | |
(ii) a sentence of detention in a young offender institution for a | |
term of 12 months or more, | 25 |
(iii) a sentence of detention during Her Majesty’s pleasure, | |
(iv) a sentence of detention for public protection under section 208, | |
(v) a sentence of detention for a period of 12 months or more under | |
section 91 of the Sentencing Act (offenders under 18 convicted | |
of certain serious offences), | 30 |
(vi) a sentence of detention under section 210, | |
(vii) a detention and training order for a term of 12 months or more, | |
or | |
(viii) a hospital or guardianship order within the meaning of the | |
Mental Health Act 1983 (c. 20). | 35 |
(4) A person falls within this subsection if— | |
(a) he is found not guilty by a court in England and Wales of murder or an | |
offence specified in Schedule 14 by reason of insanity or to be under | |
such a disability and to have done the act charged against him in | |
respect of such an offence, and | 40 |
(b) one of the following orders is made in respect of the act charged against | |
him as the offence— | |
(i) an order that he be admitted to hospital, or | |
(ii) a guardianship order within the meaning of the Mental Health | |
Act 1983. | 45 |
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(5) A person falls within this subsection if the first condition set out in section 28(2) | |
or 29(2) of the Criminal Justice and Court Services Act 2000 (c. 43) or the second | |
condition set out in section 28(3) or 29(3) of that Act is satisfied in his case. | |
(6) In this section “court” does not include a service court, as defined by section | |
281(1). | 5 |
Criminal record certificates | |
305 Criminal record certificates: amendments of Part 5 of Police Act 1997 | |
Schedule 31 (which contains amendments of Part 5 of the Police Act 1997 | |
(c. 50)) shall have effect. | |
Part 13 | 10 |
General | |
306 Orders and rules | |
(1) This section applies to— | |
(a) any power conferred by this Act on the Secretary of State to make an | |
order or rules, | 15 |
(b) the power conferred by section 150 on the Lord Chancellor to make an | |
order. | |
(2) The power, unless it is a power to make rules under section 221(5), is | |
exercisable by statutory instrument. | |
(3) The power— | 20 |
(a) may be exercised so as to make different provision for different | |
purposes or different areas, and | |
(b) may be exercised either for all the purposes to which the power | |
extends, or for those purposes subject to specified exceptions, or only | |
for specified purposes. | 25 |
(4) The power includes power to make— | |
(a) any supplementary, incidental or consequential provision, and | |
(b) any transitory, transitional or saving provision, | |
which the Minister making the instrument considers necessary or expedient. | |
(5) A statutory instrument containing— | 30 |
(a) an order under any of the following provisions— | |
section 24(5), | |
section 86, | |
section 143(7), | |
section 160, | 35 |
section 179(3), | |
section 205, | |
section 228(6), | |
section 245, | |
section 247(6), | 40 |
section 259(2), | |
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