(4) Where an order brings into force the repeal of any provision of Part 2 of the
Criminal Justice Act 1991, the power conferred by section 330(4) of the 2003 Act
(including that power as exercised in accordance with subsection (3) above)
may be exercised so as to make provision identical in effect to the provision
5repealed.

(5) An order containing provision mentioned in subsection (2), (3) or (4) may only
be made if a draft of the statutory instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(6) In the case of an order under section 336(3) of the 2003 Act, subsection (5)
10applies in place of section 330(6) of that Act.

CHAPTER 5 Prisoners etc

103 Employment in prisons: deductions etc from payments to prisoners

(1) In section 47 of the Prison Act 1952 (power of Secretary of State to make rules
for the regulation and management of prisons etc), in subsection (1) omit
15“employment,”.

(2) After that subsection insert—

“(1A) The Secretary of State may make rules about—

(a) the employment of persons who are required to be detained in
secure training centres or young offender institutions;

(b) 20the making of payments to such persons in respect of work or other
activities undertaken by them, or in respect of their unemployment.”

(3) In that section, after subsection (5) insert—

“(6) Rules made under this section may—

(a) make different provision for different cases;

(b) 25contain supplementary, incidental, transitional, transitory or
saving provision.”

(4) After that section insert—

“47A Rules about employment in prisons etc

(1) The Secretary of State may make rules about—

(a) 30the employment of prisoners;

(b) the making of payments to prisoners in respect of work or other
activities undertaken by them, or in respect of their unemployment.

(2) The Secretary of State may make rules about the making, by the
governor of the prison in which a prisoner is detained or the Secretary
35of State, of reductions in payments to the prisoner in respect of—

(a) work undertaken by the prisoner,

(b) other activities undertaken by the prisoner, or

(c) the prisoner’s unemployment,

where those payments are made by or on behalf of the Secretary of
40State.

(3) Rules under subsection (2) may make provision, in a case where
reductions are made by the governor, for amounts generated by the
reductions to be used by the governor—

(a) for making payments for the benefit of victims or communities;

(b) 5for making payments for the purposes of the rehabilitation of
offenders;

(c) for other prescribed purposes.

(4) Rules under subsection (2) may make provision, in a case where
reductions are made by the governor—

(a) 10for amounts generated by the reductions to be used by the
governor for making payments into an account of a prescribed
kind;

(b) for the administration of the account;

(c) for the making of payments out of the account to a prisoner
15before or after the prisoner’s release on fulfilment by the
prisoner of prescribed conditions.

(5) Rules under subsection (2) that make provision for amounts generated
by reductions to be used to make payments may provide for such
payments to be made after the deduction of amounts of a prescribed
20description.

(6) The Secretary of State may make rules about the making of deductions from, or
the imposition of levies on, payments to a prisoner in respect of—

(a) work undertaken by the prisoner,

(b) other activities undertaken by the prisoner, or

(c) 25the prisoner’s unemployment,

where those payments are made otherwise than by or on behalf of the Secretary
of State.

(7) Rules under subsection (6)—

(a) may provide for deductions to be made, or levies to be imposed,
30by the governor of the prison or by the Secretary of State;

(b) must provide that, if the governor makes the deductions or
imposes the levies, the governor must pay amounts generated
to the Secretary of State.

(8) The Secretary of State may make rules providing—

(a) 35for the making of payments by the Secretary of State into an account
of a prescribed kind;

(b) for the administration of the account;

(c) for the making of payments out of the account to a prisoner
before or after the prisoner’s release on fulfilment by the
40prisoner of prescribed conditions.

(9) Rules under this section may—

(a) make different provision for different cases;

(b) contain supplementary, incidental, transitional, transitory or
saving provision.

(10) 45In this section references to the governor of a prison include—

(a) the director of a contracted out prison within the meaning of
Part 4 of the Criminal Justice Act 1991, and

(b) an officer of a prison who may exercise the functions of a
governor in accordance with rules under section 47 or this
section.

(11) In this section—

• 5“prescribed” means prescribed by rules under this section;

• “prisoner” includes a prisoner on temporary release.”

(5) In section 66(4) of the Criminal Justice Act 1967 (procedure applying to rules
under section 47 of the Prison Act 1952) for “of the said Act of 1952” substitute
“or section 47A of the Prison Act 1952”.

(6) 10In section 4 of the Prisoners’ Earnings Act 1996 (interpretation)—

(a) omit subsection (2) (application of the Act to England and Wales), and

(b) in subsection (3) (application of the Act to Scotland), for “In the
application of this Act to Scotland” substitute “In this Act”.

(7) In section 5 of that Act (short title, commencement and extent), for subsection
15(3) substitute—

“(3) This Act extends to Scotland only.”

(8) Before the coming into force of section 59 of the Criminal Justice and Court
Services Act 2000 (abolition of power to provide remand centres), section
47(1A) of the Prison Act 1952 has effect as if it referred also to persons required
20to be detained in remand centres.

(9) Before the coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (abolition of sentences of detention in a young offender
institution, custody for life etc)—

(a) section 47(1A) of the Prison Act 1952 has effect as if the references to
25persons required to be detained in young offender institutions were to
persons aged under 18 required to be so detained, and

(b) section 47A of that Act has effect as if—

(i) “prison” included a young offender institution, and

(ii) “prisoner” included a person aged 18 or over who is required to
30be detained in a young offender institution.

(10) The Secretary of State may make such payments to such persons as the Secretary of
State considers appropriate in connection with measures that appear to the Secretary
of State to be intended to—

(a) rehabilitate offenders,

(b) 35prevent re-offending, or

(c) limit the impact of crime.

(11) In making payments under subsection (10), the Secretary of State must have
regard to the sums that have been made available to, or received by, the
Secretary of State by virtue of rules under section 47A of the Prison Act 1952
40(reductions, deductions and levies in respect of payments to prisoners etc.).

104 Transfer of prisoners: prosecution of other offences

In the Repatriation of Prisoners Act 1984, after section 3 insert—

“3A Prosecution of other offences

(1) This section applies where—

(a) a person has been transferred into the relevant area under a
warrant under section 1, and

(b) the international arrangements in accordance with which the
person has been transferred contain a speciality provision.

(2) 5The person must not, unless a condition in subsection (3) is met—

(a) be prosecuted for any offence committed before the departure
of that person from the country or territory from which that
person has been transferred, or

(b) be detained or otherwise subjected to any restriction of liberty
10for any offence committed before the departure of that person
from the country or territory from which that person has been
transferred, other than the offence in respect of which the
person has been transferred.

(3) For the purposes of subsection (2), the conditions are as follows—

(a) 15the person has consented to the transfer;

(b) the offence is an offence which is not punishable with
imprisonment or another form of detention;

(c) the offence is an offence in respect of which the person will not
be detained in connection with the person’s trial, sentence or
20appeal;

(d) the person is given an opportunity to leave the relevant area
and—

(i) the person does not do so before the end of the
permitted period, or

(ii) 25if the person does so before the end of the permitted
period, the person subsequently returns to the relevant
area;

(e) after the transfer has taken place, the person has made a
renunciation of the application of subsection (2) to the offence;

(f) 30the appropriate authority of the country or territory from which
the person has been transferred consents to the prosecution of
the offence.

(4) For the purpose of subsection (3)(d) the “permitted period” is 45 days
starting with the day on which the person’s sentence ends.

(5) 35For the purpose of subsection (3)(e) a renunciation must be made before
a court before which the person may be prosecuted for that offence.

(6) In this section “relevant area” means the United Kingdom except
Scotland.

(7) In this section a “speciality provision” means a provision preventing or
40limiting the prosecution, detention or other restriction of liberty of the
person (“P”) for any offence committed before the departure of P from
the country or territory from which P has been transferred, other than
for the offence in respect of which P has been transferred.”

105 Transit of prisoners

In the Repatriation of Prisoners Act 1984, after section 6 insert—

“6A Transit

(1) The relevant Minister may issue a transit order where—

(a) 5the United Kingdom is a party to international arrangements
providing for the transfer between the United Kingdom and a
country or territory outside the British Islands of persons to
whom subsection (2) applies; and

(b) the relevant Minister has received a request from the
10appropriate authority of that country or territory in accordance
with those arrangements for the transit of a person to whom
subsection (2) applies through a part of the relevant area.

(2) A person falls within this subsection if—

(a) that person is for the time being required to be detained in a
15prison, a hospital or any other institution either—

(i) by virtue of an order made in the course of the exercise
by a court or tribunal in a country or territory outside
the British Islands of its criminal jurisdiction; or

(ii) by virtue of any provisions of the law of such a country
20or territory which are similar to any of the provisions of
this Act; and

(b) except in a case where a transit request is made in the
circumstances described in section 6C(1), that person is present
in a country or territory outside the British Islands.

(3) 25Terms used in subsection (2)(a) have the same meaning as in section
1(7).

(4) In this section and sections 6B and 6C “transit order” means an order
issued by the relevant Minister, in respect of a person who has been the
subject of a request within subsection (1)(b), which authorises the
30detention of that person in any part of the relevant area at any time
when that person is in transit.

(5) In subsection (4) “detention” includes detention while the person is
being transported from one place to another place within the relevant
area.

(6) 35A person may be detained pursuant to a transit order only for as long
as is reasonable and necessary to allow the transit to take place.

(7) In this section and section 6B “relevant Minister” means—

(a) the Department of Justice in Northern Ireland, in a case where
it is proposed that the person who is the subject of a request
40under subsection (1)(b) will transit only through Northern
Ireland;

(b) the Secretary of State, in any other case.

(8) In this section and sections 6B and 6C “relevant area” means the United
Kingdom except Scotland.

(9) 45For the purposes of this section and section 6B a person who is the
subject of a transit order is “in transit” at any time during the period

beginning with the arrival of that person in the relevant area and
ending with the removal of that person from the relevant area.

6B Transit: supplementary

(1) A person who is the subject of a transit order is deemed to be in the legal
5custody of the relevant Minister at any time when that person is in
transit.

(2) A constable may for the purposes of a transit order detain a person who
is the subject of that order.

(3) The relevant Minister may, from time to time, designate any person as
10a person who is for the time being authorised for the purposes of a
transit order to detain a person under the order.

(4) A person authorised under subsection (3) has all the powers, authority,
protection and privileges of a constable in any part of the relevant area
in which the person who is the subject of the transit order is for the time
15being.

(5) If a person who is the subject of a transit order escapes or is unlawfully
at large, that person may be arrested without warrant by a constable.

(6) In this section and section 6C “constable”, in relation to any part of the
relevant area, means any person who is a constable in that or any other
20part of the relevant area or any person who has, under any enactment
(including subsection (4) above), the powers of a constable in that or
any other part of the relevant area.

6C Transit: unscheduled arrivals

(1) This section applies where—

(a) 25a person is being transferred between two countries or
territories outside the United Kingdom in accordance with
international arrangements between those two countries or
territories providing for the transfer of persons within section
6A(2)(a),

(b) 30the United Kingdom is a party to international arrangements of
the kind mentioned in section 6A(1)(a) with at least one of those
countries or territories such that the country or territory can
make a request under section 6A(1)(b), and

(c) the person makes an unscheduled arrival in the relevant area.

(2) 35A constable may detain a person to whom subsection (1) applies until
the expiry of the period of 72 hours beginning with the person’s arrival
in the relevant area or until a transit order is issued under section 6A in
respect of that person, whichever is the sooner.”

CHAPTER 6 Out of court disposals

Penalty notices

106 Penalty notices for disorderly behaviour

Schedule 14 (which amends the provision for penalty notices for disorderly
5behaviour) has effect.

Cautions

107 Conditional cautions: involvement of prosecutors

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 22(3A) (conditions that may be attached to a conditional caution) for
10“by a relevant prosecutor” substitute “in the condition”.

(3) In section 23(2) (relevant prosecutor must decide there is sufficient evidence to
prosecute and that a conditional caution should be given) after “a relevant
prosecutor” insert “or the authorised person”.

(4) In section 23A(5) (relevant prosecutor must specify amount of financial penalty
15and how it is to be paid etc) for “a relevant prosecutor must also” substitute
“the condition must”.

(5) In section 23B (variation of conditions by relevant prosecutor) after “A relevant
prosecutor” insert “or an authorised person”.

(6) In section 25 (code of practice) in subsection (2)(ga) (Secretary of State’s code
20of practice may include provision about what a relevant prosecutor may
provide under section 23A(5)(b)) for “by a relevant prosecutor” substitute “in
a condition”.

108 Conditional cautions: removal etc of certain foreign offenders

In section 22 of the Criminal Justice Act 2003 (conditional cautions)—

(a) 25in subsection (3) (both as originally enacted and as substituted by
section 17 of the Police and Justice Act 2006) (conditions attached to
conditional cautions to have certain objects) for “such a caution”
substitute “any conditional caution”, and

(b) after subsection (3C) insert—

“(3D) 30A conditional caution given to a relevant foreign offender may
have conditions attached to it that have one or more of the
objects mentioned in subsection (3E) (whether or not in addition
to conditions with one or more of the objects mentioned in
subsection (3)).

(3E) 35The objects are—

(a) bringing about the departure of the relevant foreign
offender from the United Kingdom;

(b) ensuring that the relevant foreign offender does not
return to the United Kingdom for a period of time.

(3F) If a relevant foreign offender is given a conditional caution with
a condition attached to it with the object of ensuring that the
5offender does not return to the United Kingdom for a period of
time, the expiry of that period does not of itself give rise to any
right on the part of the offender to return to the United
Kingdom.

(3G) In this section “relevant foreign offender” means—

(a) 10an offender directions for whose removal from the
United Kingdom have been, or may be, given under—

(i) Schedule 2 to the Immigration Act 1971, or

(ii) section 10 of the Immigration and Asylum Act
1999, or

(b) 15an offender against whom a deportation order under
section 5 of the Immigration Act 1971 is in force.”

Youth cautions

109 Youth cautions

(1) Sections 65 (reprimands and warning) and 66 (effect of reprimands and
20warnings) of the Crime and Disorder Act 1998 are repealed.

(2) Before section 66A of that Act insert—

“Young offenders: youth cautions

66ZA Youth cautions

(1) A constable may give a child or young person (“Y”) a caution under this
25section (a “youth caution”) if—

(a) the constable decides that there is sufficient evidence to charge
Y with an offence,

(b) Y admits to the constable that Y committed the offence, and

(c) the constable does not consider that Y should be prosecuted or
30given a youth conditional caution in respect of the offence.

(2) A youth caution given to a person under the age of 17 must be given in
the presence of an appropriate adult.

(3) If a constable gives a youth caution to a person, the constable must
explain the matters referred to in subsection (4) in ordinary language
35to—

(a) that person, and

(b) where that person is under the age of 17, the appropriate adult.

(4) Those matters are—

(a) the effect of subsections (1) to (3) and (5) to (7) of section 66ZB,
40and

(b) any guidance issued under subsection (4) of that section.

(5) The Secretary of State must publish, in such manner as the Secretary of
State considers appropriate, guidance as to—

(a) the circumstances in which it is appropriate to give youth
cautions,

(b) 5the places where youth cautions may be given,

(c) the category of constable by whom youth cautions may be
given, and

(d) the form which youth cautions are to take and the manner in
which they are to be given and recorded.

(6) 10No caution other than a youth caution or a youth conditional caution
may be given to a child or young person.

(7) In this Chapter “appropriate adult”, in relation to a child or young
person, means—

(a) a parent or guardian of the child or young person,

(b) 15if the child or young person is in the care of a local authority or
voluntary organisation, a person representing that authority or
organisation,

(c) a social worker of a local authority, or

(d) if no person falling within paragraph (a), (b) or (c) is available,
20any responsible person aged 18 or over who is not a police
officer or a person employed by the police.

66ZB Effect of youth cautions

(1) If a constable gives a youth caution to a person, the constable must as
soon as practicable refer the person to a youth offending team.

(2) 25Subject to subsection (3), on a referral of a person under subsection (1),
the youth offending team—

(a) must assess the person, and

(b) unless they consider it inappropriate to do so, must arrange for
the person to participate in a rehabilitation programme.

(3) 30If the person has not previously been referred under subsection (1) and
has not previously been given a youth conditional caution, the youth
offending team—

(a) may assess the person, and

(b) may arrange for the person to participate in a rehabilitation
35programme.

(4) The Secretary of State must publish, in such manner as the Secretary of
State considers appropriate, guidance as to—

(a) what should be included in a rehabilitation programme
arranged for a person under subsection (2) or (3),

(b) 40the manner in which any failure by a person to participate in a
programme is to be recorded, and

(c) the persons to whom any such failure must be notified.

(5) Subsection (6) applies if—

(a) a person who has received two or more youth cautions is
45convicted of an offence committed within two years beginning
with the date of the last of those cautions, or

(b) a person who has received a youth conditional caution followed
by a youth caution is convicted of an offence committed within
two years beginning with the date of the youth caution.

(6) The court by or before which the person is convicted—

(a) 5must not make an order under section 12(1)(b) of the Powers of
Criminal Courts (Sentencing) Act 2000 (conditional discharge)
in respect of the offence unless it is of the opinion that there are
exceptional circumstances relating to the offence or the person
that justify it doing so, and

(b) 10where it does so, must state in open court that it is of that
opinion and its reasons for that opinion.

(7) There may be cited in criminal proceedings—

(a) a youth caution given to a person, and

(b) a report on a failure by a person to participate in a rehabilitation
15programme arranged for the person under subsection (2) or (3),

in the same circumstances as a conviction of the person may be cited.

(8) In this section “rehabilitation programme” means a programme with
the purpose of rehabilitating participants and preventing them from re-
offending.”

(3) 20Schedule 15 (youth cautions: consequential amendments) has effect.

(4) The amendments made by this section and that Schedule do not apply in
relation to an offence committed before they come into force.

(5) A reprimand or warning of a person under section 65 of the Crime and
Disorder Act 1998, or any caution treated as such by virtue of paragraph 5 of
25Schedule 9 to that Act, is to be treated for the purposes of any enactment or
instrument as a youth caution given to that person under section 66ZA(1) of
that Act.

(6) A referral of a person to a youth offending team under section 66(1) of the
Crime and Disorder Act 1998 is to be treated for the purposes of section 66ZB
30of that Act as a referral under that section.

(7) A rehabilitation programme provided under section 66 of the Crime and
Disorder Act 1998 is to be treated for the purposes of any enactment or
instrument as provided under section 66ZA of that Act.

110 Youth conditional cautions: previous convictions

35In section 66A(1) of the Crime and Disorder Act 1998 (requirements to be met
before youth conditional caution may be given) omit paragraph (a) and the
“and” at the end of that paragraph (requirement of no previous convictions).

111 Youth conditional cautions: references to youth offending teams

In section 66A of the Crime and Disorder Act 1998 (youth conditional cautions)
40after subsection (6) insert—

“(6A) If an authorised person gives a youth conditional caution to an
offender, the authorised person must as soon as practicable refer the
offender to a youth offending team.”