Royal Arms Criminal Justice and Public Order Act 1994

1994 c. 33

 

© Crown Copyright 1994

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  Criminal Justice and Public Order Act 1994
 

1994 Chapter c. 33

 


ARRANGEMENT OF SECTIONS

Part I
Young Offenders
Secure training orders
1.  Secure training orders.
2.  Secure training orders: supplementary provisions as to detention.
3.  Supervision under secure training order.
4.  Breaches of requirements of supervision of persons subject to secure training orders.
5.  Provision etc. of secure training centres.
6.  Management of secure training centres.
7.  Contracting out of secure training centres.
8.  Officers of contracted out secure training centres.
9.  Powers and duties of custody officers employed at contracted out secure training centres.
10.  Intervention by Secretary of State in management of contracted out secure training centres.
11.  Contracted out functions at directly managed secure training centres.
12.  Escort arrangements and officers.
13.  Protection of custody officers at secure training centres.
14.  Wrongful disclosure of information relating to offenders detained at secure training centres.
15.  Interpretation of sections 7 to 14.
 
Custodial sentences for young offenders
16.  Long term detention of young offenders.
17.  Maximum length of detention for young offenders.
18.  Accommodation of young offenders sentenced to custody for life.
 
Secure accommodation for certain young persons
19.  Extension of kinds of secure accommodation.
20.  Secure remands for young offenders.
21.  Cost of secure accommodation.
22.  Management of secure accommodation.
 
Arrest of young persons in breach of conditions of remand
23.  Liability of young persons to arrest for breaking conditions of remand.
 
Police detention of young persons
24.  Detention of arrested juveniles after charge.
 
Part II
Bail
25.  No bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences.
26.  No right to bail for persons accused or convicted of committing offence while on bail.
27.  Power for police to grant conditional bail to persons charged.
28.  Police detention after charge.
29.  Power for police to arrest for failure to answer to police bail.
30.  Reconsideration of decisions granting bail.
 
Part III
Course of Justice: Evidence, Procedure, Etc.
Imputations on character
31.  Imputations on character.
 
Corroboration
32.  Abolition of corroboration rules.
33.  Abolition of corroboration requirements under Sexual Offences Act 1956.
 
Inferences from accused's silence
34.  Effect of accused's failure to mention facts when questioned or charged.
35.  Effect of accused's silence at trial.
36.  Effect of accused's failure or refusal to account for objects, substances or marks.
37.  Effect of accused's failure or refusal to account for presence at a particular place.
38.  Interpretation and savings for sections 34, 35, 36 and 37.
39.  Power to apply sections 34 to 38 to armed forces.
 
Juries
40.  Disqualification for jury service of persons on bail in criminal proceedings.
41.  Jury service: disabled persons.
42.  Jury service: excusal on religious grounds.
43.  Separation of jury during consideration of verdict.
 
Procedure, jurisdiction and powers of magistrates' courts
44.  Transfer for trial instead of committal proceedings.
45.  Extension of procedures enabling magistrates' courts to deal with cases in which accused pleads guilty.
46.  Criminal damage, etc. as summary offence: relevant sum.
47.  Recovery of fines, etc. by deduction from income support.
 
Sentencing: guilty pleas
48.  Reduction in sentences for guilty pleas.
 
Publication of reports in young offender cases
49.  Restrictions on reports of proceedings in which children or young persons are concerned.
 
Child testimony
50.  Video recordings of testimony from child witnesses.
 
Intimidation, etc., of witnesses, jurors and others
51.  Intimidation, etc., of witnesses, jurors and others.
 
Criminal appeals
52.  Circuit judges to act as judges of criminal division of Court of Appeal.
53.  Expenses in criminal appeals in Northern Ireland Court of Appeal.
 
Part IV
Police Powers
Powers of police to take body samples
54.  Powers of police to take intimate body samples.
55.  Powers of police to take non-intimate body samples.
56.  Fingerprints and samples: supplementary provisions.
57.  Retention of samples in certain cases.
58.  Samples: intimate and non-intimate etc.
59.  Extension of powers to search persons' mouths.
 
Powers of police to stop and search
60.  Powers to stop and search in anticipation of violence.
 
Part V
Public Order: Collective Trespass or Nuisance on Land
Powers to remove trespassers on land
61.  Power to remove trespassers on land.
62.  Supplementary powers of seizure.
 
Powers in relation to raves
63.  Powers to remove persons attending or preparing for a rave.
64.  Supplementary powers of entry and seizure.
65.  Raves: power to stop persons from proceeding.
66.  Power of court to forfeit sound equipment.
 
Retention and charges for seized property
67.  Retention and charges for seized property.
 
Disruptive trespassers
68.  Offence of aggravated trespass.
69.  Powers to remove persons committing or participating in aggravated trespass.
 
Trespassory assemblies
70.  Trespassory assemblies.
71.  Trespassory assemblies: power to stop persons from proceeding.
 
Squatters
72.  Violent entry to premises: special position of displaced residential occupiers and intending occupiers.
73.  Adverse occupation of residential premises.
74.  Protected intending occupiers: supplementary provisions.
75.  Interim possession orders: false or misleading statements.
76.  Interim possession orders: trespassing during currency of order.
 
Powers to remove unauthorised campers
77.  Power of local authority to direct unauthorised campers to leave land.
78.  Orders for removal of persons and their vehicles unlawfully on land.
79.  Provisions as to directions under s. 77 and orders under s. 78.
80.  Repeal of certain provisions relating to gipsy sites.
 
Part VI
Prevention of Terrorism
81.  Powers to stop and search vehicles, etc. and persons.
82.  Offences relating to terrorism.
83.  Investigations into activities and financial resources of terrorist organisations.
 
Part VII
Obscenity and Pornography and Videos
Obscene publications and indecent photographs of children
84.  Indecent pseudo-photographs of children.
85.  Arrestable offences to include certain offences relating to obscenity or indecency.
86.  Indecent photographs of children: sentence of imprisonment.
87.  Publishing, displaying, selling or distributing etc. obscene material in Scotland: sentence of imprisonment.
 
Video recordings
88.  Video recordings: increase in penalties.
89.  Video recordings: restriction of exemptions.
90.  Video recordings: suitability.
91.  Enforcement by enforcing authorities outside their areas.
 
Obscene, offensive or annoying telephone calls
92.  Obscene, offensive or annoying telephone calls: increase in penalty.
 
Part VIII
Prison Services and the Prison Service
Chapter I
England and Wales
Prisoner escorts
93.  Arrangements for the provision of prisoner escorts.
94.  Powers and duties of prisoner custody officers acting in pursuance of such arrangements.
95.  Breaches of discipline by prisoners under escort.
 
Contracted out prisons etc.
96.  Contracted out parts of prisons, etc.
97.  Temporary attachment of prison officers.
98.  Prisoners temporarily out of prison.
 
Miscellaneous
99.  Contracted out functions at directly managed prisons.
100.  Provision of prisons by contractors.
 
Supplemental
101.  Minor and consequential amendments.
 
Chapter II
Scotland
Prisoner escorts
102.  Arrangements for the provision of prisoner escorts.
103.  Monitoring of prisoner escort arrangements.
104.  Powers and duties of prisoner custody officers performing escort functions.
105.  Breaches of discipline by prisoners under escort.
 
Contracted out prisons
106.  Contracting out of prisons.
107.  Officers of contracted out prisons.
108.  Powers and duties of prisoner custody officers employed at contracted out prisons.
109.  Breaches of discipline by prisoners temporarily out of contracted out prison.
110.  Consequential modifications of 1989 Act, prison rules and directions.
111.  Intervention by the Secretary of State.
 
Contracted out functions
112.  Contracted out functions at directly managed prisons.
 
Provision of new prisons
113.  Provision of new prisons.
 
Supplemental
114.  Prisoner custody officers: general provisions.
115.  Wrongful disclosure of information.
116.  Minor and consequential amendments.
117.  Interpretation of Chapter II.
 
Chapter III
Northern Ireland
Prisoner escorts
118.  Arrangements for the provision of prisoner escorts.
119.  Monitoring etc. of prisoner escort arrangements.
120.  Powers and duties of prisoner custody officers acting in pursuance of such arrangements.
121.  Breaches of discipline by prisoners under escort.
 
Supplemental
122.  Certification of custody officers.
123.  Protection of prisoner custody officers.
124.  Wrongful disclosure of information.
125.  Interpretation of Chapter III.
 
Chapter IV
The Prison Service
126.  Service in England and Wales and Northern Ireland.
127.  Inducements to withhold services or to indiscipline.
128.  Pay and related conditions.
 
Part IX
Miscellaneous Amendments: Scotland
129.  Transfer of persons detained by police and customs officers.
130.  Detention and release of children: Scotland.
131.  Conditions in licence of released prisoner: requirement for Parole Board recommendations.
132.  Provision for standard requirements in supervised release orders in Scotland.
133.  Extension of categories of prisoner to whom Part I of Prisoners and Criminal Proceedings (Scotland) Act 1993 applies.
134.  Amendment of provisions continued in effect for certain prisoners by Prisoners and Criminal Proceedings (Scotland) Act 1993.
135.  Further amendment of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993: application of "new provisions".
 
Part X
Cross-Border Enforcement
136.  Execution of warrants.
137.  Cross-border powers of arrest etc.
138.  Powers of arrest etc.: supplementary provisions.
139.  Search powers available on arrests under sections 136 and 137.
140.  Reciprocal powers of arrest.
141.  Aid of one police force by another.
 
Part XI
Sexual Offences
Rape
142.  Rape of women and men.
 
Male rape and buggery
143.  Male rape and buggery.
 
Revised penalties for certain sexual offences
144.  Revised penalties for buggery and indecency between men.
 
Homosexuality
145.  Age at which homosexual acts are lawful.
146.  Extension of Sexual Offences Act 1967 to the armed forces and merchant navy.
147.  Homosexuality on merchant ships and in the armed forces: Northern Ireland.
148.  Amendment of law relating to homosexual acts in Scotland.
 
Part XII
Miscellaneous and General
The Parole Board
149.  Incorporation of the Parole Board.
150.  Powers to recall prisoners released on licence.
 
Prisons: powers in relation to prisoners, visitors and others
151.  Powers to test prisoners for drugs.
152.  Powers of search by authorised employees in prisons.
153.  Prohibited articles in Scottish prisons.
 
Harassment, alarm or distress
154.  Offence of causing intentional harassment, alarm or distress.
 
Offence of racially inflammatory publication etc. to be arrestable
155.  Offence of racially inflammatory publication etc. to be arrestable.
 
Prohibition on use of cells from embryos or foetuses
156.  Prohibition on use of cells from embryos or foetuses.
 
Increase in certain penalties
157.  Increase in penalties for certain offences.
 
Extradition procedures
158.  Extradition procedures.
159.  Backing of warrants: Republic of Ireland.
 
Constabulary powers in United Kingdom waters
160.  Extension of powers, etc., of constables to United Kingdom waters.
 
Obtaining computer-held information
161.  Procuring disclosure of, and selling, computer-held personal information.
162.  Access to computer material by constables and other enforcement officers.
 
Closed-circuit television by local authorities
163.  Local authority powers to provide closed-circuit television.
 
Serious fraud
164.  Extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland.
 
Copyright and illicit recordings: enforcement of offences
165.  Enforcement of certain offences relating to copyright and illicit recordings.
 
Ticket touts
166.  Sale of tickets by unauthorised persons.
 
Taxi touts
167.  Touting for hire car services.
 
General
168.  Minor and consequential amendments and repeals.
169.  Power of Secretary of State to make payments or grants in relation to crime prevention, etc.
170.  Security costs at party conferences.
171.  Expenses etc. under Act.
172.  Short title, commencement and extent.
 
  Schedule 1   Escort Arrangements: England and Wales.
  Schedule 2   Certification of Custody Officers: England and Wales.
  Schedule 3   Bail: Supplementary Provisions.
  Schedule 4   Transfer for Trial.
  Schedule 5   Magistrates' Courts: Dealing with cases where accused pleads guilty.
  Schedule 6   Certification of Prisoner Custody Officers: Scotland.
  Schedule 7   Certification of Prisoner Custody Officers: Northern Ireland.
  Schedule 8   Increase in Penalties.
  Schedule 9   Minor Amendments.
  Schedule 10   Consequential Amendments.
  Schedule 11   Repeals.




 
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© Crown copyright 1994
Prepared 20th September 2000