|
| |
|
| |
| |
| |
5 (1) | Where the supervisor is unable to continue acting in that capacity, |
| |
the supervisor, a constable or the offender may apply to the |
| 5 |
relevant magistrates’ court to amend the order by specifying a |
| |
different person to act as supervisor. |
| |
(2) | Where the court is satisfied that the supervisor is unable to |
| |
continue acting, the court must— |
| |
(a) | amend the order by specifying a different person to act as |
| 10 |
| |
(b) | if no such person is available, revoke the order. |
| |
(3) | Any person specified in the order by virtue of this paragraph must |
| |
be a suitable person (within the meaning of section 1A(3)). |
| |
(4) | In this paragraph “the relevant magistrates’ court” means— |
| 15 |
(a) | if the offender is under the age of 18, a youth court acting |
| |
in the relevant local justice area, or |
| |
(b) | if the offender is aged 18 or over, a magistrates’ court |
| |
(other than a youth court) acting in the relevant local |
| |
| 20 |
(5) | In sub-paragraph (4) “the relevant local justice area” means— |
| |
(a) | the local justice area for the time being specified in the |
| |
| |
(b) | if the offender resides in another local justice area, that |
| |
| 25 |
6 (1) | Where a court revokes an order under paragraph 5(2)(b), it may |
| |
deal with the offender, for the offence in respect of which the order |
| |
was made, in any way in which the court could deal with him if he |
| |
had just been convicted by it of the offence (other than by making |
| |
an order under section 1(2A)). |
| 30 |
(2) | In dealing with an offender under sub-paragraph (1), the court |
| |
must take into account the extent to which the offender has |
| |
| |
(3) | A person sentenced under sub-paragraph (1) may appeal to the |
| |
Crown Court against the sentence. |
| 35 |
Substitution of different local justice area |
| |
7 (1) | The offender or the supervisor may apply to the relevant |
| |
magistrates’ court to amend the order by substituting another |
| |
local justice area for the area specified in the order. |
| |
(2) | An application under sub-paragraph (1) may only be made if the |
| 40 |
offender resides or will reside in the other local justice area. |
| |
|
| |
|
| |
|
(3) | The relevant magistrates’ court may, and on the application of the |
| |
supervisor must, amend the order by substituting the other local |
| |
justice area for the area specified in the order. |
| |
(4) | Sub-paragraphs (4) and (5) of paragraph 5 apply for the purposes |
| |
of this paragraph as they apply for the purposes of that paragraph. |
| 5 |
| |
8 (1) | Where the relevant magistrates’ court proposes to exercise its |
| |
powers under paragraph 5, otherwise than on the application of |
| |
the offender, it must summon the offender to appear before the |
| |
court and, if the offender does not appear in answer to the |
| 10 |
summons, may issue a warrant for the arrest of the offender. |
| |
(2) | An order may not be amended under this Part of this Schedule |
| |
while an appeal against the order is pending. |
| |
| |
| 15 |
Detention and remand of arrested offender |
| |
9 (1) | This paragraph applies where the offender is arrested in |
| |
pursuance of a warrant under this Schedule and cannot be |
| |
brought immediately before the court before which the warrant |
| |
directs him to be brought (“the appropriate court”). |
| 20 |
(2) | The person in whose custody the offender is— |
| |
(a) | may make arrangements for his detention for no more than |
| |
72 hours beginning with the time of his arrest, and |
| |
(b) | must within that period bring him before— |
| |
(i) | the appropriate court, or |
| 25 |
(ii) | if it is not reasonably practicable to do so, before an |
| |
| |
(3) | In sub-paragraph (2)(b)(ii) “alternative court” means— |
| |
(a) | if the appropriate court is a youth court, any youth court, |
| |
| 30 |
(b) | in any other case, any magistrates’ court other than a youth |
| |
| |
(4) | If the offender is under the age of 18 at the time of his arrest, the |
| |
arrangements made under sub-paragraph (2)(a) must be for his |
| |
detention in a place of safety (within the meaning of the Children |
| 35 |
and Young Persons Act 1933). |
| |
(5) | A person who is detained in pursuance of arrangements made |
| |
under sub-paragraph (2)(a) is deemed to be in legal custody. |
| |
10 (1) | This paragraph applies where an offender appears or is brought |
| |
before an alternative court under paragraph 9(2)(b)(ii). |
| 40 |
(2) | The alternative court may direct that the offender is to be released |
| |
forthwith or remand him to appear before the appropriate court |
| |
(within the meaning of paragraph 9). |
| |
|
| |
|
| |
|
(3) | For the purposes of sub-paragraph (2), section 128 of the |
| |
Magistrates’ Courts Act 1980 (c. 43) (remand in custody or on bail) |
| |
applies as if the court referred to in subsections (1)(a), (3), (4)(a) |
| |
and (5) were the appropriate court. |
| |
(4) | Any power to remand the offender in custody which is conferred |
| 5 |
by section 128 of the Magistrates’ Court Act 1980 (as modified by |
| |
sub-paragraph (3)) is to be taken to be a power to remand the |
| |
| |
(a) | if he is under the age of 18, to accommodation provided by |
| |
or on behalf of a local authority (within the meaning of the |
| 10 |
Children Act 1989 (c. 41)), and |
| |
(b) | if he is aged 18 or over, to a prison. |
| |
(5) | Where the court remands the offender to accommodation |
| |
provided by or on behalf of a local authority, the court must |
| |
designate, as the authority who are to receive him, the local |
| 15 |
authority for the area in which it appears that he resides or will |
| |
| |
| |
11 (1) | This paragraph applies to any hearing relating to an offender held |
| |
by a youth court or other magistrates’ court in any proceedings |
| 20 |
| |
(2) | The court may adjourn the hearing, and, where it does so, may— |
| |
(a) | direct that the offender be released forthwith, or |
| |
| |
(3) | Where the court remands the offender under sub-paragraph (2)— |
| 25 |
(a) | it must fix the time and place at which the hearing is to be |
| |
| |
(b) | that time and place must be the time and place at which the |
| |
offender is required to appear or be brought before the |
| |
court by virtue of the remand. |
| 30 |
(4) | Where the court adjourns the hearing under sub-paragraph (2) but |
| |
does not remand the offender— |
| |
(a) | it may fix the time and place at which the hearing is to be |
| |
| |
(b) | if it does not do so, must not resume the hearing unless it |
| 35 |
is satisfied that the offender and, where appropriate, the |
| |
supervisor have had adequate notice of the time and place |
| |
| |
(5) | The powers of a magistrates’ court under this paragraph may be |
| |
exercised by a single justice of the peace, notwithstanding |
| 40 |
anything in the Magistrates’ Courts Act 1980. |
| |
| |
(a) | applies to any hearing in any proceedings under this |
| |
Schedule in place of section 10 of the Magistrates’ Courts |
| |
Act 1980 (adjournment of trial) where that section would |
| 45 |
| |
|
| |
|
| |
|
(b) | is not to be taken to affect the application of that section to |
| |
hearings of any other description. |
| |
| |
12 (1) | This paragraph applies where a court revokes or amends an order |
| |
under any provision of this Schedule. |
| 5 |
(2) | The proper officer must— |
| |
(a) | provide copies of the revoking or amending order to the |
| |
offender and the supervisor, |
| |
(b) | in the case of an amending order which substitutes a new |
| |
local justice area, provide a copy of the amending order to |
| 10 |
a magistrates’ court acting for that area, and |
| |
(c) | if the court that revokes or amends the order is a |
| |
magistrates’ court acting in a local justice area other than |
| |
the area specified in the order, provide a copy of the |
| |
revoking or amending order to a magistrates’ court acting |
| 15 |
in the local justice area specified in the order. |
| |
(3) | Where under sub-paragraph (2)(b) the proper officer provides a |
| |
copy of an amending order to a magistrates’ court acting for a |
| |
different area, the officer must also provide to that court such |
| |
documents and information relating to the case as it considers |
| 20 |
likely to be of assistance to a court acting for that area in the |
| |
exercise of any function in relation to the order. |
| |
(4) | In this paragraph “proper officer” means the designated officer for |
| |
| |
| 25 |
| |
Hatred on the grounds of sexual orientation |
| |
1 | Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on |
| |
religious grounds) has effect subject to the following amendments. |
| |
2 | In the heading for Part 3A at the end insert “or grounds of sexual |
| |
| 30 |
3 | In the italic cross-heading before section 29A at the end insert “and “hatred |
| |
on the grounds of sexual orientation””. |
| |
4 | After that section insert— |
| |
“29AB | Meaning of “hatred on the grounds of sexual orientation” |
| |
| In this Part “hatred on the grounds of sexual orientation” |
| 35 |
means hatred against a group of persons defined by reference to |
| |
sexual orientation (whether towards persons of the same sex, the |
| |
| |
5 | In the italic cross-heading before section 29B at the end insert “or hatred on the |
| |
grounds of sexual orientation”. |
| 40 |
|
| |
|
| |
|
6 (1) | Section 29B (use of words or behaviour or display of written material) is |
| |
| |
(2) | In subsection (1), after “religious hatred” insert “or hatred on the grounds of |
| |
| |
| 5 |
7 | In section 29C(1) (publishing or distributing written material), after |
| |
“religious hatred” insert “or hatred on the grounds of sexual orientation”. |
| |
8 | In section 29D(1) (public performance of play), after “religious hatred” insert |
| |
“or hatred on the grounds of sexual orientation”. |
| |
9 | In section 29E(1) (distributing, showing or playing a recording), after |
| 10 |
“religious hatred” insert “or hatred on the grounds of sexual orientation”. |
| |
10 | In section 29F(1) (broadcasting or including programme in programme |
| |
service), after “religious hatred” insert “or hatred on the grounds of sexual |
| |
| |
11 | In section 29G(1) (possession of inflammatory material), for “religious |
| 15 |
hatred to be stirred up thereby” substitute “thereby to stir up religious |
| |
hatred or hatred on the grounds of sexual orientation”. |
| |
12 (1) | Section 29H (powers of entry and search) is amended as follows. |
| |
(2) | In subsection (1), omit “in England and Wales”. |
| |
| 20 |
13 (1) | Section 29I (power to order forfeiture) is amended as follows. |
| |
| |
(a) | in paragraph (a), omit “in the case of an order made in proceedings |
| |
in England and Wales,”; and |
| |
| 25 |
| |
14 | In section 29K(1) (savings for reports of parliamentary or judicial |
| |
proceedings), for “or in the Scottish Parliament” substitute “, in the Scottish |
| |
Parliament or in the National Assembly for Wales”. |
| |
15 (1) | Section 29L (procedure and punishment) is amended as follows. |
| 30 |
(2) | In subsections (1) and (2), omit “in England and Wales”. |
| |
(3) | In subsection (3), in paragraph (b), for “six months” substitute “12 months”. |
| |
(4) | After that subsection insert— |
| |
“(4) | In subsection (3)(b) the reference to 12 months shall be read as a |
| |
reference to 6 months in relation to an offence committed before the |
| 35 |
commencement of section 154(1) of the Criminal Justice Act 2003.” |
| |
16 | In section 29N (interpretation), after the definition of “dwelling” insert— |
| |
““hatred on the grounds of sexual orientation” has the meaning |
| |
| |
|
| |
|