Select Committee on Delegated Powers and Deregulation Twenty-Second Report



Memorandum by the Home Office

1. This Memorandum identifies those provisions in the Criminal Justice and Court Services Bill which confer powers to make delegated legislation. It explains in each case the purpose of the power, the reason why it is to be left to delegated legislation, and the nature and justification for any parliamentary procedures which apply.


2. The Bill was approved by Cabinet for inclusion in the programme for the 1999/00 session on the basis of the Home Secretary's letter of 29 July 1999. The main provisions of the Bill are:

  • Restructuring the Probation Service into a unified centrally driven Service with 42 local areas that will match police force boundaries to be called the National Probation Service for England and Wales.

  • Creating a single service to look after the interests of children in family court proceedings, with the establishment of the Children and Family Court Advisory and Support Service (CAFCASS).

  • Introducing new drug testing powers, to test those charged with certain acquisitive crimes and Class A drugs offences; to require the courts to take a positive drug test into account when deciding on bail; to test for those under Probation Service supervision, including the creation of a free standing Drug Abstinence Order; and to test those released on licence from prison.

  • Extending electronic monitoring, to create a new exclusion order to be monitored electronically; to allow for community sentences to be monitored electronically; and to allow the electronic monitoring of compliance with licence conditions.

  • Establishing a scheme to identify and ban unsuitable people from working with children. This ban will be supported by a new criminal offence.

  • Increasing the penalty for parents who fail to ensure that their children attend school regularly.

  • Providing for the bulk transfer of DVLA driver records to the Police National Computer (PNC) to enable the police to have full and immediate access to those records.

  • Enabling the courts to set tariffs in cases of detention during Her Majesty's pleasure.

  • Abolishing sentence of detention in a Young Offender Institution.

  • Minor provisions in respect of (a) responsible officers for parenting orders, (b) police powers of bail pending delivery of reprimands and warnings and the provision for these to take place away from a police station and (c) failure to answer summons in the Crown Court.


3. This Memorandum identifies the distinct provisions which delegate legislative power in the manner and for the reasons set out below.

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