Crime and Disorder Bill [H.L.]

Crime and Disorder Bill [H.L.] - continued	House of Commons
PART V, MISCELLANEOUS AND SUPPLEMENTAL - continued
Miscellaneous - continued

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Repeal of Chapter I of Part III of Crime and Punishment (Scotland) Act 1997.

98. Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997 (early release of prisoners) shall cease to have effect.

Transitional provisions in relation to certain life prisoners.

99. - (1) Section 16 of the Crime and Punishment (Scotland) Act 1997 (designated life prisoners) shall have effect and shall be deemed always to have had effect with the amendments made by subsections (2) and (3) below.

(2) In subsection (2), at the beginning, there shall be inserted the words "Except in a case to which subsection (3A) or (3B) below applies,".

(3) After subsection (3), there shall be inserted the following subsections-

	"(3A) This subsection applies in a case where a person-
	(a) was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and
	(b) has been released on licence, other than under section 3 of the 1993 Act, whether before or on that date.
	(3B) This subsection applies in a case where a person-
	(a) was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and
	(b) has been released on licence, other than under section 3 of the 1993 Act, after that date without his case having been considered under subsection (2) above.
	(3C) In a case to which subsection (3A) or (3B) applies, Part I of the 1993 Act shall apply as if the person were a designated life prisoner, within the meaning of section 2 of that Act, whose licence had been granted under subsection (4) of that section on his having served the designated part of his sentence."

(4) Where, prior to the commencement of this section, a certificate has been issued under subsection (2) of section 16 of the Crime and Punishment (Scotland) Act 1997 in respect of a case to which subsection (3A) of that section applies, the certificate shall be disregarded.

Deputy authorising officer under Part III of Police Act 1997.

100. - (1) In subsection (1) of section 94 of the Police Act 1997 (authorisations given in absence of authorising officer), for the words "(f) or (g)" there shall be substituted the words "(f), (g) or (h)".

(2) In subsection (4) of that section, the word "and" immediately preceding paragraph (c) shall cease to have effect and after that paragraph there shall be inserted the words "and

(d) in the case of an authorising officer within paragraph (h) of section 93(5), means the customs officer designated by the Commissioners of Customs and Excise to act in his absence for the purposes of this paragraph."

Supplemental

Orders and regulations.

101. - (1) Any power of a Minister of the Crown to make an order or regulations under this Act-

(a) is exercisable by statutory instrument; and

(b) includes power to make such transitional provision as appears to him necessary or expedient in connection with any provision made by the order or regulations.

(2) A statutory instrument containing an order under section 6(2) or (3) or 11(6) above, or regulations under paragraph 1 of Schedule 3 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No order under section 35(4), 38(6), 55(7), 57(7) or 72(2) above shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Disclosure of information.

102. - (1) Any person who, apart from this subsection, would not have power to disclose information-

(a) to a relevant authority; or

(b) to a person acting on behalf of such an authority,

shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.

(2) In subsection (1) above "relevant authority" means-

(a) the chief officer of police for a police area in England and Wales;

(b) the chief constable of a police force maintained under the Police (Scotland) Act 1967;

(d) a local authority, that is to say-

(i) in relation to England, a county council, a district council, a London borough council or the Common Council of the City of London;

(ii) in relation to Wales, a county council or a county borough council;

(iii) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(e) a probation committee in England and Wales;

(f) a health authority.

Transitory provisions.

103. - (1) The Secretary of State may by order provide that, in relation to any time before the commencement of section 69 above, a court shall not make an order under-

(a) section 1 of the 1994 Act (secure training orders); or

(b) subsection (3)(a) of section 4 of that Act (breaches of supervision requirements),

unless it has been notified by the Secretary of State that accommodation at a secure training centre, or accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons, is immediately available for the offender, and the notice has not been withdrawn.

(2) An order under this section may provide that sections 2 and 4 of the 1994 Act shall have effect, in relation to any such time, as if-

(a) for subsections (2) and (3) of section 2 there were substituted the following subsection-

	"(2) Where accommodation for the offender at a secure training centre is not immediately available-
	(a) the court shall commit the offender to accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons until such time as accommodation for him at such a centre is available; and
	(b) the period of detention in the centre under the order shall be reduced by the period spent by the offender in the accommodation so provided.";

(b) in subsection (5) of that section, for the words "subsections (2)(a)(ii) and (4)(b) apply" there were substituted the words "subsection (4)(b) applies";

"(8) In this section "local authority" has the same meaning as in the Children Act 1989."; and

(d) in subsection (4) of section 4, for the words "paragraphs (a), (b) and (c) of subsection (2) and subsections (5), (7) and (8) of section 2" there were substituted the words "paragraphs (a) and (b) of subsection (2) and subsections (7) and (8) of section 2".

(3) In relation to any time before the commencement of section 69 above, section 4 of the 1994 Act shall have effect as if after subsection (4) there were inserted the following subsection-

"(4A) A fine imposed under subsection (3)(b) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction."

(4) In this section "local authority" has the same meaning as in the 1989 Act.

General interpretation.

104. - (1) In this Act-

"the 1933 Act" means the Children and Young Persons Act 1933;

"the 1969 Act" means the Children and Young Persons Act 1969;

"the 1973 Act" means the Powers of Criminal Courts Act 1973;

"the 1980 Act" means the Magistrates' Courts Act 1980;

"the 1982 Act" means the Criminal Justice Act 1982;

"the 1984 Act" means the Police and Criminal Evidence Act 1984;

"the 1985 Act" means the Prosecution of Offences Act 1985;

"the 1989 Act" means the Children Act 1989;

"the 1991 Act" means the Criminal Justice Act 1991;

"the 1994 Act" means the Criminal Justice and Public Order Act 1994;

"the 1997 Act" means the Crime (Sentences) Act 1997;

"child" means a person under the age of 14;

"commission area" has the same meaning as in the Justices of the Peace Act 1997;

"custodial sentence" has the same meaning as in Part I of the 1991 Act;

"guardian" has the same meaning as in the 1933 Act;

"prescribed" means prescribed by an order made by the Secretary of State;

"young person" means a person who has attained the age of 14 and is under the age of 18;

"youth offending team" means a team established under section 36 above.

(2) In this Act-

"the 1993 Act" means the Prisoners and Criminal Proceedings (Scotland) Act 1993; and

"the 1995 Act" means the Criminal Procedure (Scotland) Act 1995.

(3) For the purposes of this Act, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.

Provision for Northern Ireland.

105. An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 3 to 5, 31, 44(2), 54, 57 to 60 and 78 above-

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Minor and consequential amendments.

106. The enactments mentioned in Schedule 8 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

Transitional provisions, savings and repeals.

107. - (1) The transitional provisions and savings contained in Schedule 9 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent.

108. - (1) This Act may be cited as the Crime and Disorder Act 1998.

(2) This Act, except this section, section 99 above and paragraphs 38, 78 and 88 of Schedule 8 to this Act, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

(3) Without prejudice to the provisions of Schedule 9 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4) Subject to subsections (5) to (12) below, this Act extends to England and Wales only.

(5) The following provisions extend to Scotland only, namely-

(a) Chapter II of Part I;

(b) section 30;

(d) sections 98, 99 and 104(2); and

(e) paragraphs 38, 51, 52, 77 to 80, 86 to 94 and 108 to 111 of Schedule 8 and section 106 above so far as relating to those paragraphs.

(6) The following provisions also extend to Scotland, namely-

(a) section 33(3) to (5);

(b) section 61(9);

(d) paragraph 3 of Schedule 3 to this Act and section 49(6) above so far as relating to that paragraph;

(e) paragraphs 6(1) and (3), 25, 26, 103, 104 and 106 of Schedule 8 to this Act and section 106 above so far as relating to those paragraphs; and

(f) this section.

(7) Sections 33(1), (2)(a), (b) and (d) and (6)(b) and section 105 above extend to Northern Ireland only.

(8) Section 33(3)(b), (4) and (5) above, paragraphs 6(1) and (3), 103 and 106 of Schedule 8 to this Act, section 106 above so far as relating to those paragraphs and this section also extend to Northern Ireland.

(9) Paragraphs 6(1) and (3) and 102 of Schedule 8 to this Act, section 106 above so far as relating to those paragraphs and this section also extend to the Isle of Man.

(10) Paragraphs 6(1) and (3) and 103 of Schedule 8 to this Act, section 106 above so far as relating to those paragraphs and this section also extend to the Channel Islands.

(11) The repeals in Schedule 10 to this Act, and section 107(2) above so far as relating to those repeals, have the same extent as the enactments on which the repeals operate.

(12) Section 9(4) of the Repatriation of Prisoners Act 1984 (power to extend Act to Channel Islands and Isle of Man) applies to the amendments of that Act made by paragraphs 39 to 43 of Schedule 8 to this Act; and paragraph 19 of Schedule 1 to the 1997 Act (power to extend Schedule to Isle of Man) applies to the amendments of that Schedule made by paragraph 103 of Schedule 8 to this Act.

(13) Nothing in this Act shall impose any charge on the people or on public funds, or vary the amount or incidence of or otherwise alter any such charge in any manner, or affect the assessment, levying, administration or application of any money raised by any such charge.

Prepared 2 April 1998