Bail (Amendment) Act 1993 (c. 26)1993 (c. 26)

32 In section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of
appeal against grant of bail: application to children and young persons)—

(a) for the words from “child” to “Act 1969)” substitute “person under
5the age of 18”, and

(b) in paragraph (b) for the words from “section 23” to
“accommodation” substitute “Chapter 3 of Part 3 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 (remands of
children otherwise than on bail)”.

10Criminal Justice and Public Order Act 1994 (c. 33)1994 (c. 33)

33 The Criminal Justice and Public Order Act 1994 is amended as follows.

34 Omit sections 19(1) and (3), 21 and 23.

35 In Schedule 9 (minor amendments) omit paragraph 38.

Crime and Disorder Act 1998 (c. 37)1998 (c. 37)

36 15The Crime and Disorder Act 1998 is amended as follows.

37 In section 38(4)(d) (definition of “youth justice services”: placements
pursuant to remands to local authority accommodation), for the words from
“or committed” to “1969 Act”)” substitute “to such accommodation under
section 74(3) of the Legal Aid, Sentencing and Punishment of Offenders Act
202011”.

38 In section 41(5) (functions of the Youth Justice Board for England and Wales)
omit—

(a) paragraph (i)(iii) (agreements for the provision of accommodation
for detention under section 23(4)(c) of the Children and Young
25Persons Act 1969 as modified by section 98 of the Crime and
Disorder Act 1998), and

(b) paragraph (k) (assistance to local authorities in discharging duty
under section 61 of the Criminal Justice Act 1991).

39 In section 57A(3) (use of live link for accused’s attendance at preliminary or
30sentencing hearing: interpretation), in paragraph (a) of the definition of
“custody”, for the words from “to which” to “Act 1969” substitute “or youth
detention accommodation to which a person is remanded under section 74
of the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

40 Omit sections 97 and 98.

35Access to Justice Act 1999 (c. 22)1999 (c. 22)

41 In Schedule 4 to the Access to Justice Act 1999 (amendments consequential
on Part 1), omit paragraphs 4, 6 and 7.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

42 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

43 40In section 101 (taking account of remands in relation to a detention and
training order)—

(a) in subsection (11), for paragraph (c) and the “or” at the end of that
paragraph substitute—

“(c) remanded to youth detention accommodation under
section 74(4) of the Legal Aid, Sentencing and
5Punishment of Offenders Act 2011; or”, and

(b) in subsection (12) omit the words from “and in that subsection” to the
end of the subsection.

44 In Schedule 9 (consequential amendments), omit paragraphs 93(b) and 126.

Care Standards Act 2000 (c. 14)2000 (c. 14)

45 10In Schedule 4 to the Care Standards Act 2000 (minor and consequential
amendments), omit paragraphs 3 and 17.

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

46 (1) Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and
consequential amendments) is amended as follows.

(2) 15In paragraph 4(2), in the entry for the Children and Young Persons Act 1969,
omit the words from “section 23(4)” to “15 and 16 year old boys)),”.

(3) Omit paragraph 39.

Criminal Justice and Police Act 2001 (c. 16)2001 (c. 16)

47 In the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133.

20Courts Act 2003 (c. 39)2003 (c. 39)

48 In Schedule 8 to the Courts Act 2003 (minor and consequential
amendments), omit paragraph 135.

Extradition Act 2003 (c. 41)2003 (c. 41)

49 In the Extradition Act 2003, omit section 201.

25Criminal Justice Act 2003 (c. 44)2003 (c. 44)

50 The Criminal Justice Act 2003 is amended as follows.

51 In section 242 (interpretation of provisions about crediting periods of
remand in custody)—

(a) in subsection (2)(b), for the words from “or committed” to “that
30section” substitute “to youth detention accommodation under
section 74(4) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”, and

(b) omit subsection (3).

52 In Schedule 32 (amendments relating to sentencing), omit paragraph 15.

35Criminal Defence Service Act 2006 (c. 9)2006 (c. 9)

53 In section 4(2) of the Criminal Defence Service Act 2006 (provisions to which
certain consequential amendments apply), omit paragraphs (a) and (b).

Violent Crime Reduction Act 2006 (c. 38)2006 (c. 38)

54 In the Violent Crime Reduction Act 2006, omit section 61.

Criminal Justice and Immigration Act 2008 (c. 4)2008 (c. 4)

55 In Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and
5consequential amendments), omit paragraph 5.

Children and Young Persons Act 2008 (c. 23)2008 (c. 23)

56 In Schedule 1 to the Children and Young Persons Act 2008 (children looked
after by local authorities: supplementary and consequential provision), omit
paragraph 8.

10Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912SI 2008/912)

57 In Schedule 1 to the Offender Management Act 2007 (Consequential
Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).

Policing and Crime Act 2009 (c. 26)2009 (c. 26)

58 In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009
15(detention order for breach of injunction: meaning of youth detention
accommodation) for paragraph (c) substitute—

“(c) a secure children’s home, as defined by section 85(9) of the
Legal Aid, Sentencing and Punishment of Offenders Act
2011.”

Section 92

20SCHEDULE 12 Crediting of time in custody: Armed Forces amendments

1 The Armed Forces Act 2006 is amended as follows.

2 In section 246 (crediting of time in service custody: terms of imprisonment
and detention), for subsections (2) to (5) substitute—

“(2) 25The number of days for which the offender was kept in service
custody in connection with the offence in question or any related
offence since being so charged is to count as time served by the
offender as part of the sentence.

But this is subject to subsections (2A) to (2C).

(2A) 30If, on any day on which the offender was kept in service custody, the
offender was also detained in connection with any other matter, that
day is not to count as time served.

(2B) A day counts as time served—

(a) in relation to only one sentence, and

(b) 35only once in relation to that sentence.

(2C) A day is not to count as time served as part of any period of 28 days
served by the offender before automatic release (see section 255B(1)
of the 2003 Act).”

3 (1) Section 247 (crediting of time in service custody: supplementary) is
5amended as follows.

(2) In subsection (2)—

(a) after “in connection with other offences” insert “(but see section
246(2B))”, and

(b) omit “, or has also been detained in connection with other matters”.

(3) 10After subsection (2) insert—

“(2A) The reference in section 246(2A) to detention in connection with any
other matter does not include remand in custody in connection with
another offence but includes—

(a) detention pursuant to any custodial sentence;

(b) 15committal in default of payment of any sum of money;

(c) committal for want of sufficient distress to satisfy any sum of
money;

(d) committal for failure to do or abstain from doing anything
required to be done or left undone.”

(4) 20In subsection (4) for “the reference in section 246(2)” substitute “the
references in section 246(2) and (2B)”.

4 In section 373(3) (orders, regulations and rules)—

(a) after paragraph (e) insert “or”, and

(b) omit paragraph (g) and the “or” preceding it.

5 25In Schedule 16 (minor and consequential amendments), omit paragraph 228.

Section 93

SCHEDULE 13 Prisoners serving less than 12 months: consequential amendments

1 The Criminal Justice Act 2003 is amended as follows.

2 (1) Section 244 (duty to release prisoners on licence) is amended as follows.

(2) 30In subsection (1)—

(a) after “section” in the first place it appears insert “243A or”;

(b) after “the requisite custodial period” insert “for the purposes of this
section”.

(3) In subsection (3)—

(a) 35for “In this section” substitute “For the purposes of this section”;

(b) in paragraph (a)—

(i) for “any” substitute “a”;

(ii) after “the Sentencing Act” insert “for such a term”.

3 In section 246(6) (power to release prisoners early: definitions), in the
definition of “the requisite custodial period”, after “has the meaning given
by” insert “paragraph (a) or (b) of section 243A(3) or (as the case may be)”.

4 (1) Section 249 (duration of licence) is amended as follows.

(2) 5In subsection (1), after “a fixed-term prisoner” insert “, other than one to
whom section 243A applies,”.

(3) After subsection (1) insert—

“(1A) Where a prisoner to whom section 243A applies is released on
licence, the licence shall, subject to any revocation under section 254
10or 255, remain in force until the date on which, but for the release, the
prisoner would have served one-half of the sentence.

This is subject to subsection (3).”

(4) In subsection (3)—

(a) for “Subsection (1) has” substitute “Subsections (1) and (1A) have”;

(b) 15omit “and (4)”.

5 In section 250(4) (licence conditions) omit “for a term of twelve months or
more” and “such” in the first place it occurs.

6 In section 253(3) (period for which curfew condition to remain in force), after
“fall to be released” insert “unconditionally under section 243A or”.

7 20In section 260 (early removal of prisoners liable to removal from UK)—

(a) in subsection (5), after “section” in the second place it appears insert
“243A,”;

(b) in subsection (7), after “has the meaning given by” insert “paragraph
(a) or (b) of section 243A(3) or (as the case may be)”.

8 (1) 25Section 261 (re-entry to UK of offender removed early) is amended as
follows.

(2) In subsection (5), for “section 244” substitute “section 243A or 244 (as the case
may be)”.

(3) In subsection (6)—

(a) 30in the definition of “requisite custodial period”, after “has the
meaning given by” insert “paragraph (a) or (b) of section 243A(3) or
(as the case may be)”;

(b) in the definition of “sentence expiry date”—

(i) after “but for his” insert “release from prison and”;

(ii) 35for “ceased to be subject to a licence” substitute “served the
whole of the sentence”.

9 In section 263(2) (concurrent terms)—

(a) after paragraph (a) insert—

“(aa) the offender’s release is to be unconditional if section
40243A so requires in respect of each of the sentences
(and in any other case is to be on licence),”;

(b) in paragraph (b), after “each of the others” insert “to which that
section applies”;

(c) in paragraph (c), after “release under this Chapter” insert “(unless
45that release is unconditional)”.

10 In section 264 (consecutive terms)—

(a) in subsection (2), omit “on licence”;

(b) in subsection (3), for “any of the terms of imprisonment is a term of
twelve months or more” substitute “the aggregate length of the terms
5of imprisonment is 12 months or more”;

(c) after subsection (3) insert—

“(3A) Where the aggregate length of the terms of imprisonment is
less than 12 months, the offender’s release under this Chapter
is to be unconditional.”;

(d) 10omit subsections (4) and (5);

(e) in subsection (6)(a)(ii)—

(i) for “a term of twelve months or more” substitute “any other
sentence”;

(ii) for “the term” substitute “the sentence”;

(f) 15in subsection (7), omit “of 12 months or more”.

11 In section 267 (alteration by order of proportion of sentence), after “any
reference in” insert “section 243A(3)(a),”.

12 The heading of Chapter 6 of Part 12 becomes “Release, licences and recall”.

13 The repeal by section 303(a) of the Criminal Justice Act 2003 of sections 33 to
2051 of the Criminal Justice Act 1991 has effect in relation to any sentence of
imprisonment which—

(a) is of less than 12 months (whether or not such a sentence is imposed
to run concurrently or consecutively with another such sentence),
and

(b) 25is imposed in respect of an offence committed on or after 4 April
2005,

and paragraph 14 of Schedule 2 to the Criminal Justice Act 2003
(Commencement No. 8 and Transitional and Savings Provisions) Order 2005
(S.I. 2005/950S.I. 2005/950) is accordingly revoked.

Section 101

30SCHEDULE 14 Application of sections 90 to 100 and transitional and transitory provisions

1 In this Schedule—

(a) “the commencement date”, in relation to any of sections 90 to 100,
means the day appointed under section 117 for the coming into force
35of that section;

(b) “Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended
by those sections;

(c) “the 2003 Act” means the Criminal Justice Act 2003.

2 (1) The following provisions apply in relation to any person who falls to be
40released under Chapter 6 on or after the commencement date—

(a) section 90 (but this is subject to sub-paragraph (2));

(b) in section 92—

(i) subsections (1) to (7), (9) and (11) so far as they relate to
section 240ZA of the 2003 Act, and

(ii) subsection (10);

(c) section 93;

(d) section 97;

(e) section 98.

(2) 5Where a court, before the commencement date, has given a direction under
section 240(3) of the 2003 Act—

(a) if the number of days in relation to which the direction is given is
greater than the number of days calculated under section 240ZA of
the 2003 Act, the direction continues to have effect (in place of section
10240ZA);

(b) in any other case, the direction ceases to have effect.

(3) Subsection (2) of section 98 has effect until 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).

3 15The following provisions apply in relation to any person sentenced on or
after the commencement date—

(a) section 91;

(b) in section 92—

(i) subsections (1) to (7), (9) and (11) so far as they relate to
20section 240A of the 2003 Act, and

(ii) subsection (8).

4 The amendments made by section 94 do not affect the release under Chapter
6 of any prisoner before the commencement date.

5 Section 95 applies in relation to any person recalled under section 254 of the
252003 Act before the commencement date (as well as in relation to any person
recalled under that section on or after that date).

6 Section 96 applies in relation to any person recalled under that section on or
after the commencement date.

7 Section 100 applies in relation to any person who, on the commencement
30date, has served the relevant part of the sentence (as well as in relation to any
person who, on that date, has not served that part).

Section 106

SCHEDULE 15 Penalty notices for disorderly behaviour

Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

1 35Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (on the spot
penalties for disorderly behaviour) is amended as follows.

2 In section 1 (offences leading to penalties on the spot) omit subsections (4)
and (5) (provision about orders under subsections (2) and (3) of that section).

3 (1) Section 2 (penalty notices) is amended as follows

(2) 40In subsection (1) for “10” substitute “18”.

(3) After subsection (1) insert—

“(1A) If the offence mentioned in subsection (1) is a relevant penalty
offence, the constable may give the person a penalty notice with an
education option.”

(4) 5Omit subsection (2) (requirement that constable giving a penalty notice
other than at a police station be in uniform).

(5) Omit subsection (3) (requirement that constable giving a penalty notice at a
police station be an authorised constable).

(6) In subsection (4)—

(a) 10after “Chapter”, in the first place it appears, insert “—

• approved educational course” means an educational
  course run as part of an educational course scheme
  established by—

  (a)

  in the case of a notice given by a constable of
  15the British Transport Police Force, the Chief
  Constable of that force, and

  (b)

  in any other case, the chief officer of police for
  the area in which the notice is given;

• “educational course scheme” means a scheme
  20established by a chief officer of police under section
  2A;”, and

(b) at the end insert “;

• penalty notice with an education option” means a
  penalty notice that also offers the opportunity to
  25discharge any liability to be convicted of the offence
  to which the notice relates by—

  (a)

  completing an approved educational course,
  and

  (b)

  paying the course fee.”

(7) 30After subsection (4) insert—

“(4A) In this section, “relevant penalty offence” means a penalty offence in
relation to which there is an approved educational course.

(4B) The Secretary of State may by regulations make provision about the
revocation of penalty notices.”

(8) 35Omit subsection (5) (definition of “authorised constable”).

(9) Omit subsections (6) to (9) (Secretary of State order making power and
associated provision).

4 After section 2 (penalty notices) insert—

“2A Educational course schemes

(1) 40A chief officer of police may establish an educational course scheme
under this section in relation to one or more kinds of penalty offence
committed in the chief officer’s area.

(2) An educational course scheme must include arrangements—

(a) for educational courses relating to the penalty offences to
which the scheme relates to be provided to persons who are
given penalty notices with an education option, and

(b) for a course fee set by the chief officer of police—

(i) 5to be paid by a person who attends an educational
course, and

(ii) to be refunded in such circumstances (if any) as the
chief officer considers appropriate.

(3) The purpose of an educational course mentioned in subsection (2)
10must be to reduce the likelihood of those who take the course
committing the penalty offence, or penalty offences, to which the
course relates.

(4) An educational course may be provided by any person who, and
have any content that, the chief officer of police considers
15appropriate given its purpose.

(5) The Secretary of State may by regulations—

(a) provide that the fee mentioned in subsection (2)(b) may not
be—

(i) less than an amount specified in the regulations, or

(ii) 20more than an amount so specified;

(b) make provision for and in connection with the disclosure, for
the purpose of running an educational course scheme, of
relevant personal information between—

(i) a person who is involved in the provision of an
25educational course under the scheme,

(ii) the chief officer of police who established the scheme,
and

(iii) any other person specified or described in the
regulations;

(c) 30make provision about the use of relevant personal
information for that purpose;

(d) place restrictions on the disclosure or use of relevant personal
information.

(6) In subsection (5) “relevant personal information” means any
35information that relates to, and identifies, a person who has been
given a penalty notice with an education option.

(7) In this section’s application in relation to the Chief Constable of the
British Transport Police Force, subsection (1) has effect as if the
reference to one or more kinds of penalty offence committed in a
40chief officer of police’s area were a reference to one or more kinds of
penalty offence—

(a) committed at, or in relation to, any of the places mentioned in
section 31(1)(a) to (f) of the Railways and Transport Safety
Act 2003 (places where a constable of the British Transport
45Police Force has the powers of a constable), or

(b) otherwise relating to a railway.

(8) In subsection (7) “railway” means—

(a) a railway within the meaning given by section 67(1) of the
Transport and Works Act 1992 (interpretation), or

(b) a tramway within the meaning given by that section.”

5 (1) Section 3 (amount of penalty and form of penalty notice) is amended as
follows.

(2) Omit subsection (1A) (Secretary of State may specify different penalties for
5persons of different ages).

(3) After subsection (3) insert—

“(3A) The Secretary of State may by regulations require information in
addition to that mentioned in subsection (3) to be included in, or to
be provided with, a penalty notice with an education option.”

(4) 10Omit subsections (5) and (6) (provision relating to orders under that section).

6 (1) Section 4 (effect of penalty notice) is amended as follows.

(2) In subsection (5) for “If” substitute “In the case of a penalty notice that is not
a penalty notice with an education option, if”.

(3) After subsection (5) insert—

“(6) 15In the case of a penalty notice with an education option, a sum equal
to one and a half times the amount of the penalty may be registered
under section 8 for enforcement against A as a fine if subsection (7)
or (8) applies.

(7) This subsection applies if, by the end of the suspended enforcement
20period, A does not—

(a) ask to attend an approved educational course relating to the
offence to which the notice relates,

(b) pay the penalty, or

(c) request to be tried.

(8) 25This subsection applies if—

(a) A has asked, by the end of the suspended enforcement
period, to attend an approved educational course of the kind
mentioned in subsection (7)(a), and

(b) A does not, in accordance with regulations made under
30subsection (9)—

(i) pay the course fee,

(ii) start such a course, or

(iii) complete such a course.

(9) The Secretary of State may by regulations make provision—

(a) 35as to the time by which A is required to do each of the things
mentioned in subsection (8)(b)(i) to (iii) (including provision
allowing those times to be specified by a chief officer of police
for the purposes of an educational course scheme established
by that officer);

(b) 40allowing A to request an extension of the time to do the
things mentioned in subsection (8)(b)(i) to (iii) (including
provision as to who should determine such a request and on
what basis);

(c) as to the procedure to be followed in relation to requests for
45extensions of time (including provision allowing the