Criminal Justice Act 1988
1988 c. 33 - continued

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SCHEDULE 10
  SUPERVISION
 

PART I
 
SECTIONS SUBSTITUTED FOR SECTION 12 OF [1969 c. 54.] CHILDREN AND YOUNG PERSONS ACT 1969
Power to include requirements in supervision orders.
    12.—(1)  A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section or by section 12A, 12B or 12C below.

    (2)  Subject to section 19(12) of this Act, a supervision order may require the supervised person to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things—
    (a)  to live at a place or places specified in the directions for a period or periods so specified;
    (b)  to present himself to a person or persons specified in the directions at a place or places on a day or days so specified;
    (c)  to participate in activities specified in the directions on a day or days so specified;
but it shall be fore the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by section 12B(1) of this Act.

    (3)  The total number of days in respect of which a supervised person may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of subsection (2) above in pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this subsection; and for the purpose of calculating the total number of days in respect of which such directions may be given the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.
Young offenders.
    12A.—(1)  Subject to subsection (2) of this section, this subsection applies to—
    (a)  any supervision order made under section 7(7) of this Act in respect of a child or young person found guilty as there mentioned; and
    (b)  any supervision order made in respect of a person under section 21(2) of this Act by a court on discharging a care order made in respect of him under the said section 7(7).
    (2)  Subsection (1) of this section does not apply to any supervision order which by virtue of section 12(2) above requires the supervised person to comply with directions given by the supervisor.

    (3)  Subject to the following provisions of this section and to section 19(13) of this Act, a supervision order to which subsection (1) of this section applies may require a supervised person—
    (a)  to do anything that by virtue of section 12(2) of this Act a supervisor has power, or would but for section 19(12) of this Act have power, to direct a supervised person to do;
    (b)  to remain for specified periods between 6 p.m. and 6 a.m.—

      (i)  at a place specified in the order; pr

      (ii)  at one of several places so specified;
    (c)  to refrain from participating in activities specified in the order—

      (i)  on a specified day or days during the period for which the supervision order is in force; or

      (ii)  during the whole of that period or a specified portion of it.
    (4)  Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised.

    (5)  The total number of days in respect of which a supervised person may be subject to requirements imposed by virtue of subsection (3)(a) above shall not exceed 90.

    (6)  The court may not include requirements under subsection (3) above in a supervision order unless—
    (a)  it has first consulted the supervisor as to—

      (i)  the offender's circumstances; and

      (ii)  the feasibility of securing compliance with the requirements,

    and is satisfied, having regard to the supervisor's report, that it is feasible to secure compliance with them;
    (b)  having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences; and
    (c)  the supervised person or, if he is a child, his parent or guardian, consents to their inclusion.
    (7)  The court shall not include in such an order by virtue of subsection (3) above—
    (a)  any requirement that would involve the co-operation of a person other than the supervisor and the supervised person unless that other person consents to its inclusion; or
    (b)  any requirement requiring the supervised person to reside with a specified individual; or
    (c)  any such requirement as is mentioned in section 12B(1) of this Act.
    (8)  The place, or one of the places, specified in a requirement under subsection (3)(b) above ("a night restriction") shall be the place where the supervised person lives.

    (9)  A night restriction shall not require the supervised person to remain at a place for longer than 10 hours on any one night.

    (10)  A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.

    (11)  A night restriction shall not be imposed in respect of more than 30 days in all.

    (12)  A supervised person who is required by a night restriction to remain at a place may leave it if he is accompanied—
    (a)  by his parent or guardian;
    (b)  by his supervisor; or
    (c)  by some other person specified in the supervision order.
    (13)  A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.
Requirements as to mental treatment.
    12B.—(1)  Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 12 of the [1983 c. 20.] Mental Health Act 1983, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—
    (a)  treatment by or under the direction of a fully registered medical practitioner specified in the order;
    (b)  treatment as a non-resident at a place specified in the order; or
    (c)  treatment as a resident patient in a hospital or mental nursing home within the meaning of the said Act of 1983, but not a special hospital within the meaning of that Act.
    (2)  A requirement shall not be included in a supervision order in pursuance of subsection (1) above—
    (a)  in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;
    (b)  in the case of an order made or to be made in respect of a person who has attained the age of 14, unless he consents to its inclusion;
and a requirement so included shall not in any case continue in force after the supervised person becomes 18.
Requirements as to education.
    12C.    7mdash;

    (1)  Subject to subsection (3) below, a supervision order to which section 12A(1) of this Act applies may require a supervised person, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority.

    (2)  The court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.

    (3)  Expressions used in subsection (1) above and in the [1944 c. 31.] Education Act 1944 have the same meaning there as in that Act.

    (4)  The court may not include a requirement under subsection (1) above unless it has first consulted the supervisor as to the offender's circumstances and, having regard to the circumstances of the case, it considers the requirement necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences.
Duty of court to state in certain cases that requirement in place of custodial sentence.
    12D.—(1)  Where—
    (a)  in pursuance of section 12A(3)(a) of this Act a court includes a requirement in a supervision order directing the supervised person to participate in specified activities; and
    (b)  it would have imposed a custodial sentence if it had not made a supervision order including such a requirement,
it shall state in open court—

    (i)  that it is making the order instead of a custodial sentence;

    (ii)  that it is satisfied that—

      (a)  the offender has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to any non-custodial penalty other than a supervision order including such a requirement; or

      (b)  only a supervision order including such a requirement or a custodial sentence would be adequate to protect the public from serious harm from him; or

      (c)  the offence for which he has been convicted or found guilty was so serious that a non-custodial sentence for it other than a supervision order including such a requirement could not be justified; and

    (iii)  why it is so satisfied.

    (2)  Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.

    (3)  Where a magistrates' court makes such a statement, it shall certify in the supervision order that it has made such a statement and shall cause the statement to be entered in the register.
 

PART II
 
AMENDMENTS CONSEQUENTIAL ON SUBSTITUTION OF SECTIONS SET OUT IN PART I FOR SECTION 12
                  The amendments of the [1969 c. 54.] Children and Young Persons Act 1969 mentioned in section 128(2) above are—
    (a)  the substitution of references to section 12A(3) for the references to section 12(3C) in section 15(1), section 18(4) and section 19(1)(b) and (13);
    (b)  the substitution of references to section 12B(1) for the references to section 12(4) in section 15(1) and (5) and section 16(6)(c) and (7); and
    (c)  the insertion of ", 12A, 12B or 12C" after "section 12" in section 15(1)(a) and section 16(5)(b) and (c) and (6)(a).
 

PART III
 
AMENDMENTS OF SECTION 15
    1.    The following subsection shall be substituted for subsection (2A)—
      "(2A)  If while a supervision order made under section 7(7) of this Act or made by a court on discharging a care order made under that subsection is in force in respect of a person who has not attained the age of 18 it is proved to the satisfaction of a juvenile court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A, 12C or 18(2)(b) of this Act, the court—
    (a)  may order him to pay a fine of an amount not exceeding £100; or
    (b)  subject to section 16A(1) of this Act, may make an attendance centre order in respect of him,
whether or not it also make an order under subsection (1) of this section." .
    2.    In subsection (3), for "12(1) or (2)" there shall be substituted "12, 12A, 12B or 12C".
    3.    The following subsections shall be substituted for subsection (4)—
      "(4)  If while a supervision order made under section 7(7) of this Act or made by a court on discharging a care order made under that section is in force in respect of a person who has attained the age of 18 it is proved to the satisfaction of a magistrates' court (not being a juvenile court), on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A, 12C or 18(2)(b) of this Act, the court—
    (a)  whether or not it also makes an order under subsection (3) of this section, may order him to pay a fine of an amount not exceeding £100 or, subject to section 16A(1) of this Act, may make an attendance centre order in respect of him;
    (b)  if it also discharges the supervision order, may make an order imposing on him any punishment other than a sentence of detention in a young offender institution which it could have imposed on him if it had then had power to try him for the offence in consequence of which the supervision order was made and had convicted him in the exercise of that power;
and in a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents—

    (i)  the punishment imposed by virtue of paragraph (b) of this subsection shall not exceed that which any court having power to try such an offence could have imposed in respect of it; and

    (ii)  if the punishment imposed is a fine, it shall not in any event exceed £2,000.
      (4A)  If while a supervision order is in force in respect of a person it is proved to the court under subsection (2A) or (4) above that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12A(3)(a) of this Act directing the supervised person to participate in specified activities, the court may, if it also discharges the supervision order, make an order imposing on him any sentence which it could have imposed on him if it had then had power to try him for the offence in consequence of which the supervision order was made and had convicted him, or found him guilty, in the exercise of that power.
      (4B)  In a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents, the sentence imposed shall not exceed that which any court having power to try such an offence could have imposed in respect of it and shall not in any event exceed a custodial sentence for a term of six months and a fine—
    (a)  if the offender has not attained the age of 18, or £400; and
    (b)  if he has attained that age, of £2,000.
      (4C)  A court may not make an order by virtue of subsection (4A) of this section unless the court which made the supervision order made a statement under section 12D(1) of this Act.
      (4D)  For the purposes of subsection (4C) above a certificate under section 12D of this Act shall be evidence of the making of the statement to which it relates." .
 

PART IV
 
SECTION INSERTED AFTER SECTION 16
"Application of sections 17 to 19 of Criminal Justice Act 1982.
    16A.—(1)  The provisions of section 17 of the [1982 c. 48.] Criminal Justice Act 1982 (attendance centre orders) shall apply for the purposes of section 15(2A)(b) and (4)(a) of this Act but as if—
    (a)  in subsection (1), for the words from "has power" to "probation order" there were substituted the words "considers it appropriate to make an attendance centre order in respect of any person in pursuance of section 15(2A) or (4) of the Children and Young Persons Act 1969";
    (b)  for references to an offender there were substituted references to a supervised person; and
    (c)  subsection (13) were omitted.
    (2)  Sections 18 and 19 of Criminal Justice Act 1982 (discharge and variation of attendance centre order and breach of attendance centre orders or attendance centre rules) shall also apply for the purposes of each of those paragraphs but as if—
    (a)  for the references to an offender there were substituted references to the person in respect of whom the attendance centre order has been made; and
    (b)  there were omitted—

      (i)  from subsections (3) and (5) of section 19, the words ", for the offence in respect of which the order was made," and "for that offence"; and

      (ii)  from subsection (6), the words "for an offence"."
Section 132.  
  Administration of the Probation Service Etc.
 
Amendments of Schedule 3 to Powers of Criminal Courts Act 1973
    1.    Schedule 3 to the [1973 c. 62.] Powers of Criminal Courts Act 1973 shall be amended as follows.
    2.    In paragraph 4—
    (a)  in sub-paragraph (1), for the word "For" there shall be substituted the words "Subject to sub-paragraph (1A) below, for";
    (b)  the following sub-paragraph shall be inserted after that sub-paragraph—
          "(1A)  Where two or more petty sessions areas outside the inner London area form a probation area or part of a probation area, the probation committee, if they think fit, may determine that there shall be one or more joint probation liaison committees for those petty sessions areas; and a joint committee shall consist of not less than three justices appointed by the justices acting for each of the petty sessions areas." ; and
    (c)  the following sub-paragraph shall be inserted after sub-paragraph (3)—
          "(4)  A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee." .
    3.    The following paragraphs shall be inserted after paragraph 6—
    "6A.    Any probation committee may also co-opt one or more justices with experience of sitting as members of the Crown Court, and one or more stipendiary magistrates appointed in a commission area which is the same as or is situated within the probation area.
    6B.—  (1)  The Secretary of State may by order provide that the probation committee for any probation area shall co-opt members of the local authority, or any of the local authorities, liable under paragraph 15 below to defray the expenses of the committee.

    (2)  An order under this paragraph may make such consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient in consequence of the order, including provision for such repeals in or modifications of this Schedule as appear to him to be necessary or expedient in consequence of it.

    (3)  Without prejudice to the generality of sub-paragraph (2) above, an order under this paragraph—
    (a)  may specify, either as a number or as a proportion of the members of the committee, how many persons may be co-opted to a committee and, where two or more authorities are liable to pay the expenses of a committee, how many persons may be co-opted from each of them;
    (b)  may provide for the procedure for co-opting persons to be followed by a committee;
    (c)  may require that such consultations as may be specified in the order shall be carried out before persons are so co-opted; and
    (d)  may disqualify persons of specified descriptions from being co-opted.
    (4)  An order under this paragraph may make different provision for different committees."
    4.    Paragraph 7 shall cease to have effect.
    5.    The following paragraph shall be substituted for paragraph 10(3)(a)—
      "(a)  to appoint staff;" .
    6.    The following paragraph shall be inserted after paragraph 18(1)(a)—
      "(aa)  limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;" .
 
Amendment of Local Government Finance Act 1982
    8.    In paragraph (1) of section 12(2) of the [1982 c. 32.] Local Government Finance Act 1982 (bodies whose accounts are subject to audit by Audit Commission), after the word "committee" there shall be inserted the words ", except the committee for the inner London area.".
  "
Section 133.  
  Assessors of Compensation for Miscarriages of Justice

1.    A person may only be appointed to be an assessor for the purposes of section 133 above if he is—
    (a)  a barrister practising in England and Wales or Northern Ireland;
    (b)  an advocate practising in Scotland;
    (c)  a solicitor practising in any part of the United Kingdom;
    (d)  a person who holds or has held judicial office in any part of the United Kingdom; or
    (e)  a member (whether the chairman or not) of the Criminal Injuries Compensation Board.

2.    A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.

3.    A person shall vacate office as an assessor—
    (a)  if he ceases to be qualified for appointment as an assessor; or
    (b)  on attaining the age of 72;
unless the Secretary of State considers that it is in the interests of the efficient operation of section 133 above that he should continue to hold office.

4.    A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.

5.    Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—
    (a)  he has been convicted of a criminal offence;
    (b)  he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors;
    (c)  he is incapacitated by physical or mental illness; or
    (d)  he is otherwise unable or unfit to perform his duties.

6.    The power conferred by paragraph 5 above shall only be exercisable—
    (a)  in the case of a person who practises or has practised as a barrister or solicitor in England and Wales or Northern Ireland or who holds or has held judicial office in any of those parts of the United Kingdom, with the consent of the Lord Chancellor; and
    (b)  in the case of a person who practises or has practised as an advocate or solicitor in Scotland or who holds or has held judicial office there, with the consent of the Lord President of the Court of Session.

7.    An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.
  "
Section 146.  
  Evidence Before Courts-Martial Etc.
 
Interpretation
    1.    In this Schedule—
    "procedural instruments" means—

      (a)  Rules of Procedure under section 103 of the [1955 c. 18.] Army Act 1955 or section 103 of the [1955 c. 19.] Air Force Act 1955;

      (b)  General Orders under section 58 of the [1957 c. 53.] Naval Discipline Act 1957;

      (c)  rules under section 49 of the [1968 c. 20.] Courts-Martial (Appeals) Act 1968; and

      (d)  orders under paragraph 12 of Schedule 3 to the [1976 c. 52.] Armed Forces Act 1976; and
    "Service courts" means—

      (a)  courts-martial constituted under the Army Act 1955 or the Air Force Act 1955;

      (b)  courts-martial constituted under the Naval Discipline Act 1957 and disciplinary courts constituted under section 50 of that Act;

      (c)  the Courts-Martial Appeal Court; and

      (d)  Standing Civilian Courts.
 
First-hand hearsay
    2.    Sections 23 and 24 above shall have effect in relation to proceedings in the United Kingdom or elsewhere before Service courts with the substitution of the following sub-paragraph for section 23(2)(b)(i)—
      "(i)  the person who made the statement is not in the country where the court is sitting; and" .
 
Documentary evidence
    3.    Section 25 above shall have effect in relation to proceedings in the United Kingdom or elsewhere before Service courts as if such proceedings were mentioned in subsection (1) of that section.
    4.    In section 26 above—
    (a)  the reference to criminal proceedings in paragraph (a) includes summary proceedings under section 77 of the Army Act 1955, section 77 of the Air Force Act 1955 or section 49 of the Naval Discipline Act 1957; and
    (b)  in paragraph (b) "criminal investigation" includes any investigation which may lead—

      (i)  to proceedings before a court-martial or Standing Civilian Court; or

      (ii)  to summary proceedings such as are mentioned in sub-paragraph (a) above.
    5.    Without prejudice to the generality of any enactment conferring power to make them, procedural instruments may make such provision as appears to the authority making any of them to be necessary or expedient for the purposes of Part II of this Act.
 
Letters of request etc.
    6.—(1)  In section 29 above "criminal proceedings" does not include proceedings before a Service court, but the Secretary of State may by order make provision as to letters of request or corresponding documents for such proceedings.

    (2)  An order under this paragraph may make different provision for different classes of case.

    (3)  The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (4)  Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to letters of request or corresponding documents for proceedings before a Service court.
 
Form of evidence and glossaries
    7.    For the purpose of helping members—
    (a)  of courts-martial constituted under the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955; or
    (b)  of courts-martial constituted under the [1957 c. 53.] Naval Discipline Act 1957 or disciplinary courts constituted under section 50 of that Act,
to understand complicated issues of fact or technical terms Rules of Procedure under section 103 of either of the first two of those Acts and General Orders under section 58 of the Naval Discipline Act 1957 may make provision—
      (i)  as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and
      (ii)  as to the furnishing of glossaries for such purposes as may be specified;
  in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.
 
"Use of television links
    8.—(1)  The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—
    (a)  to proceedings before Service courts; or
    (b)  to proceedings or proceedings of specified descriptions before Service courts in specified places.
    (2)  If an order is made under this paragraph—
    (a)  subsection (1) of section 32 above shall have effect in relation to any court to which the order applies with the substitution of the following paragraph for paragraph (a)—
          "(a)  the witness is not in the country where the court is sitting; or" ; and
    (b)  subsection (2) of that section shall have effect in relation to any such court with the substitution, for each reference to an offence, of a reference to a civil offence under section 70 of the Army or the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 in relation to which the corresponding civil offence, within the meaning of those sections, is that offence.
    (3)  An order under this paragraph may provide that section 32(1), (2) or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides.

    (4)  The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (5)  Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

    (6)  In this paragraph "modifications" includes additions, omissions and amendments.
  "
Section 149.  
  Body Samples - Northern Ireland
 
Scope of Schedule
    1.    This Schedule applies—
    (a)  to an offence (whether at common law or under any enactment) specified in paragraph 2 below;
    (b)  to an offence specified in paragraph 3 below;
    (c)  to an offence not mentioned in either of those paragraphs—

      (i)  for which a person of 21 years of age or over and of full capacity (not previously convicted) may be sentenced to imprisonment for a term of five years; and

      (ii)  which is serious for the purposes of this Schedule.
    2.    The offences mentioned in paragraph 1(a) above are—
    (a)  treason;
    (b)  murder;
    (c)  manslaughter;
    (d)  rape;
    (e)  kidnapping;
    (f)  incest with a girl under the age of 14;
    (g)  buggery with—

      (i)  a boy under the age of 16; or

      (ii)  a person who has not consented; and
    (h)  indecent assault which constitutes an act of gross indecency.
    3.    The offences mentioned in paragraph 1(b) above are—
    (a)  causing an explosion likely to endanger life or property contrary to section 2 of the [1883 c. 3.] Explosives Substances Act 1883;
    (b)  intercourse with a girl under the age of 14 contrary to section 4 of the [1885 c. 69.] Criminal Law Amendment Act 1885;
    (c)  causing death by reckless driving contrary to Article 139(1) of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981;
    (d)  the following offences against the [S.I. 1981/155 (N.I.2).] Firearms (Northern Ireland) Order 1981—

      (i)  possession of firearm with intent to injure contrary to Article 17;

      (ii)  use of firearm or imitation firearm to resist arrest contrary to Article 18(1); and

      (iii)  carrying firearm with criminal intent contrary to Article 19;
    (e)  hostage-taking contrary to section 1 of the [1982 c. 28.] Taking of Hostages Act 1982;
    (f)  hi-jacking contrary to section 1 of the [1982 c. 36.] Aviation Security Act 1982; and
    (g)  torture contrary to section 134 above.
    4.—(1)  Subject to sub-paragraph (2) below, an offence not mentioned in paragraph 2 or 3 above is serious for the purposes of this Schedule only if its commission—
    (a)  has led to any of the consequences mentioned in sub-paragraph (3) below; or
    (b)  is intended or is likely to lead to any of those consequences.
    (2)  An offence which consists of making a threat is serious for the purposes of this Schedule if carrying out the threat would be likely to lead to any of the consequences specified in sub-paragraph (3) below.

    (3)  The consequences mentioned in sub-paragraphs (1) and (2) above are—
    (a)  serious harm to the security of the State or to public order;
    (b)  serious interference with the administration of justice or with the investigation of offences or of a particular offence;
    (c)  the death of any person;
    (d)  serious injury to any person;
    (e)  substantial financial gain to any person; and
    (f)  serious financial loss to any person.
    (4)  Loss is serious for the purposes of this Schedule if, having regard to all the circumstances, it is serious for the person who suffers it.

    (5)  In this paragraph "injury" includes any disease and any impairment of a person's physical or mental condition.
    5.    A person arrested under section 12(1)(b) of the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984 is to be treated for the purposes of this Schedule as having been arrested on suspicion of involvement in an offence to which this Schedule applies and any reference in the following provisions of this Schedule to such an offence includes a reference to being or having been concerned in the commission, preparation or instigation of acts of terrorism to which Part IV of that Act applies.
 
Interpretation
    6.—(1)  In this Schedule—
    "appropriate consent" means—

      (a)  in relation to a person who has attained the age of 17 years, the consent of that person;

      (b)  in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

      (c)  in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;
    "intimate sample" means a sample of blood, semen or any other tissue fluid, urine or pubic hair, or a swab taken from any of a person's body orifices except his mouth;
    "non-intimate sample" means—

      (a)  a sample of hair other than pubic hair;

      (b)  a sample taken from a nail or from under a nail;

      (c)  a sample of saliva;

      (d)  a swab taken from a person's mouth;

      (e)  a swab taken from any other part of a person's body except a body orifice other than his mouth;

      (f)  a footprint or a similar impression of any part of a person's body other than a part of his hand;
    "parent or guardian" means in the case of a child or young person in the care of the Department of Health and Social Services for Northern Ireland or a Health and Social Services Board, that Department or Board; and
    "the terrorism provisions" means—

      (a)  section 12(1) of the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984; and

      (b)  any provision conferring a power of arrest or detention and contained in an order under section 13 of that Act.
    (2)  A person is in police detention for the purposes of this Schedule if—
    (a)  he has been taken to a police station after being arrested for an offence; or
    (b)  he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,
and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.
 
Intimate samples
    7.—(1)  An intimate sample may be taken from a person in police detention only—
    (a)  if a police officer of at least the rank of superintendent authorises it to be taken; and
    (b)  if the appropriate consent is given.
    (2)  An officer may only give an authorisation if he has reasonable grounds—
    (a)  for suspecting the involvement of the person from whom the sample is to be taken in an offence to which this Schedule applies; and
    (b)  for believing that the sample will tend to confirm or disprove his involvement.
    (3)  An officer may give an authorisation under sub-paragraph (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

    (4)  The appropriate consent must be given in writing.

    (5)  Where—
    (a)  an authorisation has been given; and
    (b)  it is proposed that an intimate sample shall be taken in pursuance of the authorisation,
an officer shall inform the person from whom the sample is to be taken—

    (i)  of the giving of the authorisation; and

    (ii)  of the grounds for giving it.
    (6)  The duty imposed by sub-paragraph (5)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

    (7)  If an intimate sample is taken from a person—
    (a)  the authorisation by virtue of which it was taken;
    (b)  the grounds for giving the authorisation; and
    (c)  the fact that the appropriate consent was given,
shall be recorded in writing as soon as is practicable after the sample is taken.

    (8)  An intimate sample, other than a sample of urine, may only be taken from a person by a registered medical practitioner.

    (9)  Where the appropriate consent to the taking of an intimate sample from a person was refused without good cause, in any proceedings against that person for an offence—
    (a)  the court, in determining—

      (i)  whether to commit that person for trial; or

      (ii)  whether there is a case to answer; and
    (b)  the court or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper; and the refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence against the person in relation to which the refusal is material.

    (10)  Nothing in this paragraph affects Articles 141 to 152 of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981.
 
Other Samples
    8.—(1)  Except as provided by this paragraph, a non-intimate sample may not be taken from a person without the appropriate consent.

    (2)  Consent to the taking of a non-intimate sample must be given in writing.

    (3)  A non-intimate sample may be taken from a person without the appropriate consent if—
    (a)  he is in police detention or is being held in custody by the police on the authority of a court; and
    (b)  an officer of at least the rank of superintendent authorises it to be taken without the appropriate consent.
    (4)  An officer may only give an authorisation under sub-paragraph (3) above if he has reasonable grounds—
    (a)  for suspecting the involvement of the person from whom the sample is to be taken in an offence to which this Schedule applies; and
    (b)  for believing that the sample will tend to confirm or disprove his involvement.
    (5)  An officer may give an authorisation under sub-paragraph (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

    (6)  Where—
    (a)  an authorisation has been given; and
    (b)  it is proposed that a non-intimate sample shall be taken in pursuance of the authorisation,
an officer shall inform the person from whom the sample is to be taken—

    (i)  of the giving of the authorisation; and

    (ii)  of the grounds for giving it.
    (7)  The duty imposed by sub-paragraph (6)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

    (8)  If a non-intimate sample is taken from a person by virtue of sub-paragraph (3) above—
    (a)  the authorisation by virtue of which it was taken; and
    (b)  the grounds for giving the authorisation,
shall be recorded in writing as soon as is practicable after the sample is taken.
 
Destruction of samples
    9.—(1)  If—
    (a)  a sample is taken from a person in connection with the investigation of an offence; and
    (b)  he is cleared of that offence,
it must be destroyed as soon as is practicable after the conclusion of the proceedings.

    (2)  If—
    (a)  a sample is taken from a person in connection with such an investigation; and
    (b)  it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable,
it must be destroyed as soon as is practicable after that decision is taken.

    (3)  If—
    (a)  a sample is taken from a person in connection with the investigation of an offence; and
    (b)  that person is not suspected of having committed the offence,
it must be destroyed as soon as it has fulfilled the purpose for which it was taken.

    (4)  Proceedings which are discontinued are to be treated as concluded for the purpose of this paragraph.

    (5)  Nothing in this paragraph—
    (a)  affects any power conferred by paragraph 18(2) of Schedule 2 to the [1971 c. 77.] Immigration Act 1971; or
    (b)  applies to a person arrested or detained under the terrorism provisions.
  "
Section 170.  
  Minor and Consequential Amendments
 
Criminal Law Act 1826 (c. 64)
    1.    Section 30 of the Criminal Law Act 1826 (which enables a court to order payment of compensation to relatives of a man killed in endeavouring to make an arrest) shall cease to have effect.
 
Offences against the Person Act 1861 (c. 100)
    2.    The Offences against the Person Act 1861 shall be amended as follows.
    3.    There shall be omitted from section 44 (certificates as to cases of assault or battery) the word "such", in the first place where it occurs, and the words "under either of the last two preceding sections,".
    4.    In section 45 (bars to further proceedings) for the words "in either of the last three preceding sections mentioned" there shall be substituted the words "is mentioned in section 44 of this Act".
 
Bankruptcy Act 1914 (c. 59)
    5.    Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.
 
Land Registration Act 1925 (c. 21)
    6.    In section 49(1)(g) of the Land Registration Act 1925 (protection of certain interests by notice) for the words "or the Drug Trafficking Offences Act 1986" there shall be substituted the words ", the Drug Trafficking Offences Act 1986 or the Criminal Justice Act 1988".
    7.    In section 112A(1) of that Act (inspection in connection with criminal proceedings), after the word "Prosecutions," there shall be inserted the words "the Director of the Serious Fraud Office".
  This paragraph shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.
 
Children and Young Persons Act 1933 (c. 12)
    8.    In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply) after the third paragraph there shall be inserted the following paragraph—
  "Common assault, or battery."
    9.    References in that Act to the offences mentioned in Schedule 1 to the Act shall include offences under Part I of the [1984 c. 37.] Child Abduction Act 1984.
 
Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)
    10.    The following paragraph shall be substituted for paragraph (iA) of the proviso to subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders)—
      "(iA)  in a case to which paragraph (aa) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice of transfer, any counts founded on material that accompanied the copy of that notice which, in pursuance of regulations under section 5(9) of the Criminal Justice Act 1987, was given to the person charged, being counts which may lawfully be joined in the same indictment;" .
 
Prison Act 1952 (c. 52)
    11.    The following paragraph shall be inserted after paragraph (a) of subsection (1) of section 43 of the Prison Act 1952—
      "(aa)  young offender institutions, that is to say places for the detention of offenders sentenced to detention in a young offender institution;<" .
    12.    In subsection (3) of that section, for the word "or" there shall be substituted the words "and a person aged 17 years or over may be detained in such a centre".
 
Visiting Forces Act 1952 (c. 67)
    13.    In section 5 of the Visiting Forces Act l952 (custody of offenders against United Kingdom law)—
    (a)  for each of the references in subsections (2) and (4) to section 43 of the Magistrates' [1980 c. 43.] Courts Act l980 there shall be substituted references to Part IV of the Police and Criminal [1984 c. 60.] Evidence Act l984; and
    (b)  the following subsection shall be substituted for subsection (3)—
          "(3)  In the application of subsection (2) of this section to Scotland,—
      (a)  for the first reference to Part IV of the Police and Criminal Evidence Act 1984 there shall be substituted a reference to section 32(3) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975; and
      (b)  for the words "in accordance with the said Part IV, be released on bail or" there shall be substituted the words "if not liberated under section 294(2) of that Act, be"."
    14.—(1)  In subsection (1) of section 12 of that Act, in the definition of "visiting force", after the words "United Kingdom", in the first place where they occur, there shall be inserted the words "(including United Kingdom territorial waters), or in any place to which subsection (1A) below applies,".

    (2)  The following subsection shall be inserted after that subsection—
      "(1A)  This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964 or any waters within 500 metres of such an installation." .
    15.    —In paragraphs 1(a) and 2(a) of the Schedule, after the word "rape," there shall be inserted the word ", torture".
 
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
    16.    In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (powers as to costs and legal aid) for the words from "section 1" to "central funds)" there shall be substituted the words "sections 16(1) and 17(1) of the [1985 c. 23.] Prosecution of Offences Act 1985".
 
Criminal Justice Act 1967 (c. 80)
    17.    The Criminal Justice Act 1967 shall be amended as follows.
    18.    In section 62—
    (a)  in subsection (10) (subsequent release of prisoner whose licence has been revoked) for the words "one year" there shall be substituted the words "the specified period"; and
    (b)  the following subsection shall be inserted after that subsection—
          "(10A)  In subsection (10) above "the specified period" has the same meaning as in section 60(1) above." .
    19.    In subsection (6) of section 67 (computation of sentences) for "(1)" there shall be substituted "(1A)".
 
Criminal Appeal Act 1968 (c. 19)
    20.    The Criminal Appeal Act 1968 shall be amended as follows.
    21.    Section 9 shall be renumbered so as to become section 9(1); and at the end of the resulting subsection (1) there shall be added the following subsection—
      "(2)  A person who on conviction on indictment has also been convicted of a summary offence under section 41 of the Criminal Justice Act 1988 (power of Crown Court to deal with summary offence where person committed for either way offence) may appeal to the Court of Appeal against any sentence passed on him for the summary offence (whether on his conviction or in subsequent proceedings) under subsection (7) of that section."
    22.—(1)  In subsection (2)(b) of section 10 (proceedings from which an appeal against sentence lies to Court of Appeal)—
    (a)  after the words "probation order" there shall be inserted the words ", a community service order"; and
    (b)  before the words "suspended sentence" there shall be inserted the words "wholly or partly".
    (2)  In subsection (4) of that section, after the word "section" there shall be inserted the words "and section 11 of this Act".
    23.—(1)  In subsection (2) of section 11 (supplementary provisions as to appeal against sentence) after "9" there shall be inserted "(1)".

    (2)  The following subsections shall be inserted after that subsection—
      "(2A)  Where following conviction on indictment a person has been convicted under section 41 of the Criminal Justice Act 1988 of a summary offence an appeal or application for leave to appeal against any sentence for the offence triable either way shall be treated also as an appeal or application in respect of any sentence for the summary offence and an appeal or application for leave to appeal against any sentence for the summary offence shall be treated also as an appeal or application in respect of the offence triable either way.
      (2B)  If the appellant or applicant was convicted on indictment of two or more offences triable either way, the references to the offence triable either way in subsection (2A) above are to be construed, in relation to any summary offence of which he was convicted under section 41 of the Criminal Justice Act 1988 following the conviction on indictment, as references to the offence triable either way specified in the notice relating to that summary offence which was given under subsection (2) of that section."
    24.    The following subsection shall be substituted for subsection (4) of that section—
      "(4)  The power of the Court of Appeal under subsection (3) of this section to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 23(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 or section 47(4) of the [1977 c. 45.] Criminal Law Act 1977 in respect of a suspended or partly suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that sentence where the court below made no order in respect of it." .
    25.    The following section shall be inserted after section 18—
"Appeals in cases of contempt of court.
    18A.—(1)  A person who wishes to appeal under section 13 of the [1960 c. 65.] Administration of Justice Act 1960 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in such manner as may be directed by rules of court.

    (2)  Notice of appeal shall be given within twenty-eight days from the date of the order or decision appealed against.

    (3)  The time for giving notice under this section may be extended, either before or after its expiry, by the Court of Appeal."
    26.    In subsection (1) of section 19 (bail)—
    (a)  in paragraph (b), the words "or paragraph (a) above" shall be inserted after "1981"; and
    (b)  in paragraph (c), the words "either of those paragraphs" shall be substituted for the words "that paragraph".
    27.    In section 29(2)(b) (circumstances in which there may not be a direction that time spent in custody is not to be reckoned as part of any sentence) for the words "under section 1 of this Act" there shall be substituted the words
  "under—
      (i)  section 1 or 11(1A) of this Act; or
      (ii)  section 81(1B) of the [1981 c. 54.] Supreme Court Act 1981" .
    28.    The following section shall be substituted for section 30—
"Restitution of property.
    30.—(1)  The operation of an order for the restitution of property to a person made by the Crown Court shall, unless the Court direct to the contrary in any case in which, in their opinion, the title to the property is not in dispute, be suspended until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, and provision may be made by rules of court for the custody of any property in the meantime.

    (2)  The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.

    (3)  Where the House of Lords restores a conviction, it may make any order for the restitution of property which the court of trial could have made."
    29.    The following shall be substituted for the words in section 31 from the beginning of subsection (1) to "powers" in subsection (2)—
      "(1)  There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—
    (a)  the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below;
    (b)  the power to give directions under section 4(4) of the [1976 c. 23.] Sexual Offences (Amendment) Act 1976; and
    (c)  the powers to make orders for the payment of costs under sections 16 to 18 of the [1985 c. 23.] Prosecution of Offences Act 1985 in proceedings under this Part of this Act.
      (2)  The powers mentioned in subsection (1) (a) above" .
    30.    The following subsection shall be inserted after subsection (2A) of that section—
      "(2B)  The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court" .
    31.    The following shall be substituted in the first subsection of section 44 for the words from the beginning to "judge", in the first place where it occurs—
      "(1)  There may be exercised by a single judge—
    (a)  the powers of the Court of Appeal under this Part of this Act—

      (i)  to extend the time for making an application for leave to appeal;

      (ii)  to make an order for or in relation to bail; and

      (iii)  to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and
    (b)  their powers to make orders for the payment of costs under sections 16 and 17 of the [1985 c. 23.] Prosecution of Offences Act 1985 in proceedings under this Part of this Act."
    32.    The following paragraph shall be inserted after paragraph 1 of Schedule 2 (orders for retrial)—
    "1A.    Subject to paragraph 1 above, evidence given orally at the original trial must be given orally at the retrial." .
 
Theft Act 1968 (c. 60)
    33.    In subsection (5) of section 28 of the Theft Act 1968 (orders for restitution) for the words from "sections" to the end there shall be substituted the words "section 30 of the [1968 c. 19.] Criminal Appeal Act 1968 (which relates to the effect on such orders of appeals)".
 
Genocide Act 1969 (c. 12)
    34.    In subsection (2) of section 2 of the Genocide Act 1969 (genocide offences etc. not to be regarded as political) for the words "and the [1965 c. 45] Backing of Warrants (Republic of Ireland) Act 1965" there shall be substituted the words ", the Backing of Warrants (Republic of Ireland) Act 1965 and Part I of the Criminal Justice Act 1988".
 
Children and Young Persons Act 1969 (c. 54)
    35.    In subsection (1) of section 20A of the Children and Young Persons Act 1969 (power of court to add condition as to charge and control of offender in care), at the end of the first paragraph (b) there shall be inserted the words
  "or
      (c)  by virtue of section 15(1) of this Act in a case where—

    (i)  the supervision order for which the care order was substituted was made under section 7(7) of this Act; and

    (ii)  the offence in respect of which the supervision order was made was punishable with imprisonment in the case of a person over 21,"
    36.    In section 29 of that Act (recognisance on release of arrested child or young person) the words "he or" shall cease to have effect.
 
Tribunals and Inquiries Act 1971 (c. 62)
    37.—(1)  In section 8(2) of the Tribunals and Inquiries Act 1971 (which excepts certain tribunals from the requirement of concurrence to the exercise of a power to remove tribunal members), after "5A" there shall be inserted ", 5B,".

    (2)  In Schedule 1 to that Act (list of tribunals under the direct supervision of the Council on Tribunals) the following entry shall be inserted after the entry the first column of which reads "Commons"—
  "
Criminal injuries compensation. 5B. The Criminal Injuries Compensation Board constituted under Part VII of the Criminal Justice Act 1988.
"
 
Powers of Criminal Courts Act 1973 (c. 62)
    38.    The Powers of Criminal Courts Act 1973 shall be amended as follows.
    39.    In subsection (1) of section 34A (power of Crown Court to order search of persons before it)—
    (a)  in paragraph (c), the words "other than an order under section 35 of this Act;" shall cease to have effect; and
    (b)  the following paragraph shall be inserted after that paragraph—
          "(cc)  the Crown Court makes an order against a person under section 35 of this Act;" .
    40.    The following subsection shall be substituted for section 35(4)—
      "(4)  In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, it shall be the duty of the court—
    (a)  to have regard to his means so far as they appear or are known to the court; and
    (b)  in a case where it is proposed to make against him both a compensation order and a confiscation order under Part VI of the Criminal Justice Act 1988, also to have regard to its duty under section 72(7) of that Act (duty where the court considers that the offender's means are insufficient to satisfy both orders in full to order the payment out of sums recovered under the confiscation order of sums due under the compensation order)"
    41.    In subsection (4)(b) of section 43 (power to deprive offender of property) for the words from "or" to the end there shall be substituted the words "or, where an order is made under subsection (1)(a) above, that he did not know, and had no reason to suspect, that the property was likely to be used for the purpose mentioned in that paragraph".
    42.    In sub-paragraph (2A)(b) of paragraph 3 (which empowers a probation committee to provide certain facilities) of Schedule 3 for the words "subsection (3C) of that section," there shall be substituted the words "section 12A(3) of that Act,".
 
Legal Aid Act 1974 (c. 4)
    43.    In section 28(7A) of the Legal Aid Act 1974 for the words "the person charged" there shall be substituted "a person to whom the notice relates".
 
Juries Act 1974 (c. 23)
    44.    In subsection (1) of section 3 of the Juries Act 1974 (electoral register as basis of jury selection) for "sixty five" there shall be substituted "seventy".
    45.    In section 6(1) of that Act (summoning of jury in exceptional circumstances) for the word "refusals" there shall be substituted the word "excusals".
    46.    In section 20(4) of that Act (offences) after the word "excusal" there shall be inserted the words "or deferral".
 
Rehabilitation of Offenders Act 1974 (c. 53)
    47.    In section 1(2)(a) of the Rehabilitation of Offenders Act 1974 (failure to pay fines etc. not to prevent a person from becoming rehabilitated) the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order.
 
Criminal Procedure (Scotland) Act 1975 (c. 21)
    48.    In each of sections 171 and 368 of the Criminal Procedure (Scotland) Act 1975 (which make provision as to the presumption and determination of the ages of children) in subsection (3) for the words "and (d)" there shall be substituted the words "(d) and (e)".
    49.    In section 289G of that Act (which creates the standard scale and amends certain enactments accordingly) in subsection (13) (inserted by section 66 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987)—
    (a)  after the word "is" there shall be inserted "(a)";
    (b)  for the words from "1987" there shall be substituted—
          "(b)  under any instrument (however framed or worded) made by virtue of such an enactment,
      a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale."
    50.    In Schedule 1 to that Act (which lists offences against children under the age of 17 years to which special provisions apply) after paragraph (a) there shall be inserted the following paragraph—
      "(aa)  any offence under section 80(7) of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (commission of a homosexual act in certain circumstances)."
    51.    In the said Schedule 1 after paragraph (d) there shall be inserted the following paragraph—
      "(e)  any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years."
 
Bail Act 1976 (c. 63)
    52.    In section 2(2) the following definitions shall be inserted before the definition of "child"—
      ""bail hostel" and "probation hostel" have the same meanings as in the [1973 c. 62.] Powers of Criminal Courts Act 1973," .
 
Sexual Offences (Amendment) Act 1976 (c. 82)
    53.—(1)  The Sexual Offences (Amendment) Act 1976 shall have effect subject to the following amendments (which relate to Northern Ireland).

    (2)  In section 5(1)(b), for the word "both" there shall be substituted the word "all".

    (3)  In section 7(6), for the words from "(including" to "6(4)(b))" there shall be substituted the words "and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) as adapted by section 5(1)(b)".
 
Internationally Protected Persons Act 1978 (c. 17)
    54.    The following sections shall be substituted for section 3 of the Internationally Protected Persons Act 1978—
"Extradition under 1870 Act.
    3.—(1)  An offence under section 1(3)(a) of this Act shall be deemed to be included in the list of extradition crimes in Schedule 1 to the [1870 c. 52.] Extradition Act 1870.

    (2)  for the purposes of that Act any act, wherever committed, which is any of the following offences—
    (a)  an offence mentioned in paragraph (a) of subsection (1) of section 1 of this Act which is committed against a protected person within the meaning of that section;
    (b)  an offence mentioned in paragraph (b) of that subsection which is committed in connection with such an attack as is so mentioned;
    (c)  an attempt to commit an offence mentioned in the preceding paragraphs; or
    (d)  an offence under section 1(3) of this Act,
and an offence against the law of any State in the case of which the [1870 c. 52.] Extradition Act 1870 is applied by an Order in Council under section 2 of that Act shall be deemed to be an offence committed within the jurisdiction of that State.
Extradition under Part I of Criminal Justice Act 1988.
    3A.—(1)  Where—
    (a)  no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention mentioned in the title to this Act; and
    (b)  general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988,
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that State under Part I of that Act, but only in respect of the following offences—

    (i)  an offence mentioned in section 3(2)(a) or (b) above;

    (ii)  an attempt to commit such an offence;

    (iii)  counselling, procuring, commanding, aiding or abetting such an offence;

    (iv)  being accessory before or after the fact to such an offence; and

    (v)  an offence under section 1(3) of this Act.
    (2)  The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—
    (a)  section 1(1) to (8);
    (b)  sections 3 to 10; and
    (c)  sections 12 to 18.
    (3)  An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

    (4)  For the purposes of the provisions of that Act specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act or omission, wherever it takes place, which is—
    (a)  an offence mentioned in subsection (1) above; and
    (b)  an offence against the law of that State,
shall be deemed to be an offence committed within the territory of that State."
    55.    The following subsections shall be substituted for section 4(1) of that Act—
      "(1)  Sections 17 and 22 of the [1870 c. 52.] Extradition Act 1870 shall extend to section 3 above.
      (1A)  Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 3A above." .
 
Judicature (Northern Ireland) Act 1978 (c. 23)
    56.    In section 49(6) of the Judicature (Northern Ireland) Act 1978 (variation of sentences) after the word "appeal)" there shall be inserted the words "and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act.)".
 
Suppression of Terrorism Act 1978 (c. 26)
    57.    The words "or Part I of the Criminal Justice Act 1988" shall be inserted after the words "the Extradition Act 1870" in sections 1(3)(a) and 5(1)(b) of the Suppression of Terrorism Act 1978.
 
Interpretation Act 1978 (c. 30)
    58.    In Schedule 1 to the Interpretation Act l978—
    (a)  after the definition of "Sheriff" there shall be inserted—
          ""The standard scale", with reference to a fine or penalty for an offence triable only summarily,—

      (a)  in relation to England and Wales, has the meaning given by section 37 of the Criminal Justice [1982 c. 48.] Act l982;

      (b)  in relation to Scotland, has the meaning given by section 289G of the Criminal [1975 c. 21.] Procedure (Scotland) Act l975;

      (c)  in relation to Northern Ireland, has the meaning given by Article 5 of the [S.I. 1984/703 (N.I. 3).] Fines and Penalties (Northern Ireland) Order 1984."
    (b)  after the definition of "Statutory declaration" there shall be inserted—
          ""Statutory maximum", with reference to a fine or penalty on summary conviction for an offence,—

      (a)  in relation to England and Wales, means the prescribed sum within the meaning of section 32 of the Magistrates' [1980 c. 43.] Courts Act l980;

      (b)  in relation to Scotland, means the prescribed sum within the meaning of section 289B(6) of the [1975 c. 21.] Criminal Procedure (Scotland) Act l975; and

      (c)  in relation to Northern Ireland, means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order l984."
    59.    In the definition of "offence triable either way" in that Schedule, after the word "offence", in the second place where it occurs, there shall be inserted the words ", other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988".
 
Protection of Children Act 1978 (c. 37)
    60.    The Protection of Children Act 1978 shall be amended as follows.
    61.—(1)  In subsection (1) of section 4 (entry, search and seizure) for the words from "are" to the end there shall be substituted the words "is an indecent photograph of a child".

    (2)  In subsection (2) of that section the words from "taken" to the end shall cease to have effect.
    62.—(1)  In subsection (2) of section 5 (forfeiture) the words from "taken" to "distributed or shown," shall cease to have effect.

    (2)  In subsection (6) of that section, after "1(1)" there shall be inserted "or section 160 of the Criminal Justice Act 1988".
 
Justices of the Peace Act 1979 (c. 55)
    63.    At the end of subsection (1)(b) of section 61 of the Justices of the Peace Act 1979 (application of fines and fees) there shall be added the words "and sums paid into court in pursuance of orders under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (compensation orders)".
 
Child Care Act 1980 (c. 5)
    64.    In section 73(1)(b) of the Child Care Act 1980 (places of safety etc.) for the words "section 38(7)" there shall be substituted the words "section 38(6)".
 
Magistrates' Courts Act 1980 (c. 43)
    65.    The Magistrates' Courts Act 1980 shall be amended as follows.
    66.    In section 6(5) (display of notice of committal or discharge) for the words from "section" to the end there shall be substituted the words "section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976 (anonymity of complainant in rape etc. cases)".
    67.    In subsection (1) of section 37 (committal to Crown Court for sentence), for the words "nor more than 16" there shall be substituted the words "but under 17".
    68.    At the end of subsection (8) of section 102 (written statement before examining justices) there shall be added the words "and section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.) shall be given a corresponding construction".
    69.—(1)  In subsection (3A) of section 128 (remand in custody without accused being brought before court)—
    (a)  after the word "custody" there shall be inserted the words "and the remand was not a remand under section 128A below for a period exceeding 8 clear days,"; and
    (b)  after the word "him" there shall be inserted the words "(otherwise than in the exercise of the power conferred by that section)".
    (2)  In subsection (6) of that section (which lists the cases in which a magistrates' court may remand a person for a period exceeding 8 clear days) for the word "section", in the first place where it occurs, there shall be substituted the words "sections 128A and".
    70.    The following subsection shall be inserted after subsection (2) of section 133 (limit on length of imprisonment or youth custody where consecutive terms are imposed)—
      "(2A)  In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment." .
 
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
    71.    The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.
    72.    The following subsection shall be substituted for subsection (4) of section 10 (supplementary provisions as to appeals against sentence)—
      "(4)  The power of the Court under section 4(2) of this Act or subsection (3) above to pass a sentence which the Crown Court has power to pass for an offence shall, notwithstanding that the Crown Court made no order under section 19(1) of the [1968 c. 29 (N.I.).] Treatment of Offenders Act (Northern Ireland) 1968 in respect of a suspended sentence or order for detention previously passed or made on or in relation to the appellant for another offence, include power to deal with the appellant in respect of that sentence or order for detention where the Crown Court made no order in respect of it." .
    73.    The following section shall be inserted after section 16—
"Appeals in cases of contempt of court.
    16A.—(1)  Subject to subsection (2) below, a person who wishes to appeal under section 44 of the 1978 c. 23.Judicature (Northern Ireland) Act 1978 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in the prescribed manner within twenty-eight days from the date of the order or decision appealed against.

    (2)  The time for giving notice under this section may be extended either before or after its expiry by the Court."
    74.    The following section shall be substituted for section 17—
"Bail.
    17.—(1)  The Court of Appeal may, if it thinks fit—
    (a)  grant an appellant bail pending the determination of his appeal; or
    (b)  vary the conditions of bail granted to an appellant in the exercise of the power conferred by paragraph (a) above; or
    (c)  revoke bail granted to an appellant under paragraph (a) above.
    (2)  The powers conferred by subsection (1) above may be exercised—
    (a)  on the application of the appellant; or
    (b)  if it appears to the Master that any of them ought to be exercised, on a reference to the court by him."
    75.    The following section shall be substituted for section 18—
"Groundless appeals or applications for leave to appeal.
    18.    If it appears to the Master that a notice of appeal or of application for leave to appeal under this Part of this Act does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court of Appeal for summary determination; and the Court may then, if it considers that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning the proceedings for a full hearing, dismiss the appeal or application for leave summarily without calling on any one to attend the hearing or to appear for the Crown thereon." .
    76.—(1)  In section 44(1) (constitution of Court of Appeal on appeals or references), after the word "Act" there shall be inserted the words "or section 36 of the Criminal Justice Act 1988".

    (2)  In section 44(4)(b) (judge of the Court of Appeal not to hear or determine applications relating to reference under section 14 or 15 where he was the trial judge), after the word "Act" there shall be inserted the words "or section 36 of the Criminal Justice Act 1988.".
    77.    The following paragraph shall be substituted for section 45(2)(d)—
      "(d)  to exercise the powers conferred by section 17 of this Act;" .
    78.    The following subsection shall be inserted after section 45(3)—
      "(3A)  The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court." .
 
Supreme Court Act 1981 (c. 54)
    79.    In the proviso to section 47(5) of the Supreme Court Act 1981 (variation of sentences) after the word "appeal)" there shall be inserted the words "and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act)".
    80.    The following paragraph shall be inserted after subsection (4)(a) of section 55 of that Act (constitution of criminal division of Court of Appeal)—
      "(aa)  reviewing sentencing under Part IV of the Criminal Justice Act 1988;" .
 
Civil Aviation Act 1982 (c. 16)
    81.    The following sections shall be inserted after section 93 of the Civil Aviation Act 1982—
"Extradition under Part I of Criminal Justice Act 1988.
    93A.—(1)  Where—
    (a)  no such arrangement as is mentioned in section 2 of the [1870 c. 52.] Extradition Act 1870 has been made with a Convention country; and
    (b)  general extradition arrangements have not been made with that country under Part I of the Criminal Justice Act 1988,

    Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that country, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that country under Part I of that Act, but only in respect of the following offences—



      (i)  an offence committed on board an aircraft in flight registered in that country;

      (ii)  an attempt to commit such an offence;

      (iii)  counselling, procuring, commanding, aiding or abetting such an offence; and

      (iv)  being accessory before or after the fact to such an offence.
    (2)  The provision of the Criminal Justice Act 1988 mentioned in subsection (1) above are—
    (a)  section 1(1) to (8);
    (b)  sections 3 to 10; and
    (c)  sections 12 to 18.
    (3)  An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

    (4)  Subsections (4) and (5) of section 92 above shall apply for the purposes of this section as they apply for the purposes of that section.
Extradition under 1870 Act.
    93B.—(1)  Sections 17 and 22 of the Extradition Act 1870 shall extend to section 93 above.

    (2)  Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 93A above and to section 92(4) and (5) above as they apply for the purposes of section 93A above."
 
Civil Jurisdiction and Judgments Act 1982 (c. 27)
    82.    In section 18(4A) of the Civil Jurisdiction and Judgments Act 1982 (exception from provisions regulating the enforcement of UK judgments in other parts of the United Kingdom in respect of the enforcement in Scotland of High Court orders made under the [1986 c. 32.] Drug Trafficking Offences Act 1986), after "1986" there shall be inserted the words "or Part VI of the Criminal Justice Act 1988 (confiscation of the proceeds of offences)".
 
Taking of Hostages Act 1982 (c. 28)
    83.    The following section shall be inserted after section 3 of the Taking of Hostages Act 1982—
"Extradition under Part I of Criminal Justice Act 1988.
    3A.—(1)  Where—
    (a)  no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention; and
    (b)  general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988,

    Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that State under Part I of that Act, but only in respect of the following offences—



      (i)  an offence under this Act;

      (ii)  an attempt to commit such an offence;

      (iii)  counselling, procuring, commanding, aiding or abetting such an offence; and

      (iv)  being accessory before or after the fact to such an offence.
    (2)  The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—
    (a)  section 1(1) to (8);
    (b)  sections 3 to 10; and
    (c)  sections 12 to 18.
    (3)  An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

    (4)  For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act or omission, wherever it takes place, which is—
    (a)  an offence mentioned in subsection (a) above; and
    (b)  an offence against the law of that State,
shall be deemed to be an offence committed within the territory of that State.

    (5)  In this section "the Convention" means the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979."
    84.    The following subsections shall be substituted for section 5(1) of that Act—
      "(1)  Sections 17 and 22 of the [1870 c. 52.] Extradition Act 1870 shall extend to section 3(1) and (4) above.
      (1A)  Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 3A above."
 
Aviation Security Act 1982 (c. 36)
    85.    The Aviation Security Act 1982 shall be amended as follows.
    86.    In subsection (3) of section 9, after the word "above" there shall be inserted the words "and of section 9A below".
    87.    The following section shall be inserted after that section—
"Extradition under Part I of Criminal Justice Act 1988.
    9A.—(1)  Where—
    (a)  no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to a relevant Convention; and
    (b)  general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988,
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the relevant Convention constituted general extradition arrangements made with that State under Part I of that Act, but only in respect of the following offences—

    (i)  offences which are offences in pursuance of that Convention;

    (ii)  an attempt to commit such an offence;

    (iii)  counselling, procuring, commanding, aiding or abetting such an offence; and

    (iv)  being accessory before or after the fact to such an offence.
    (2)  The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—
    (a)  section 1(1) to (8);
    (b)  sections 3 to 10; and
    (c)  sections 12 to 18.
    (3)  An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

    (4)  For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State any act or omission, wherever it takes place, which falls within section 9(4) of this Act shall be deemed to be an offence committed within the territory of that State."
    88.    The following subsections shall be substituted for section 39(1) of that Act—
      "(1)  Sections 17 and 22 of the Extradition Act 1870 shall extend to section 9 above.
      (1A)  Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 9A above and to section 9 above as amended by the Criminal Justice Act 1988." .
 
Civic Government (Scotland) Act 1982 (c. 45)
    89.    In subsection (7) of section 52 of the Civic Government (Scotland) Act 1982 after the word "thereof)" there shall be inserted the words "and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)".
 
Criminal Justice Act 1982 (c. 48)
    90.    At the end of section 15(11) of the Criminal Justice Act 1982 (offence of failing to comply with supervision requirements) there shall be added (but not as part of paragraph (b)) the words "but not liable to be dealt with in any other way".
    91.    At the end of part II of Schedule 1 to that Act there shall be added—
 
"CRIMINAL JUSTICE ACT 1988 (c. 33)
    "26.    Section 134 (torture).
 
Transport Act 1982 (c. 49)
    92.—(1)  In subsection (1) of section 34 (endorsement of licences without hearings) and subsections (1) and (3) of section 35 of the Transport Act 1982 (licence receipts), after the word "constable" (in each place) there shall be inserted the words "or authorised person".

    (2)  The following subsection shall be added after subsection (10) of that section—
      "(11)  In this section and section 35 below "authorised person" has the meaning assigned to it by section 28(5) above."
    93.—(1)  In subsection (1) of section 47 of that Act (evidence in fixed penalty notice cases) after the word "constable", in the second place where it occurs, there shall be inserted the words "or authorised person".'

    (2)  The following subsection shall be inserted after that subsection—
      "(1A)  In subsection (1) above "authorised person" has the meaning assigned to it by section 28(5) above." .
    94.    In section 50(1) of that Act, in the definition of "chief officer of police", after the word "means" there shall be inserted the words ", except in section 28(5) above,".
 
Nuclear Material (Offences) Act 1983 (c. 18)
    95.    The following section shall be inserted after section 5 of the Nuclear Material (Offences) Act 1983 (extradition)—
"Extradition under Part I of Criminal Justice Act 1988.
    5A.—(1)  Where—
    (a)  no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention; and
    (b)  general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988,
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that State under Part I of the Criminal Justice Act 1988, but only in respect of the following offences—

    (i)  an offence mentioned in paragraph (a), (b), (c) or (d) of subsection (1) of section 1 of this Act which is committed by doing an act in relation to or by means of nuclear material;

    (ii)  an offence under section 2 of this Act;

    (iii)  an attempt to commit an offence mentioned in paragraph (i) or (ii) above;

    (iv)  counselling, procuring, commanding, aiding or abetting such an offence; and

    (v)  being accessory before or after the fact to such an offence.
    (2)  The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—
    (a)  section 1(1) to (8);
    (b)  sections 3 to 10; and
    (c)  sections 12 to 18.
    (3)  An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

    (4)  For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act wherever committed, which is—
    (a)  an offence mentioned in subsection (1) above; and
    (b)  an offence against the law of that State,
shall be deemed to be an offence committed within the territory of that State.

    (5)  In this section and section 6 below "the Convention" means the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3 March 1980."
    96.    The following subsections shall be substituted for section 7(1) of that Act—
      "(1)  Sections 17 and 22 of the Extradition Act 1870 shall extend to section 5 above.
      (1A)  Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 5A above."
 
Police and Criminal Evidence Act 1984 (c. 60)
    97.    The Police and Criminal Evidence Act 1984 shall be amended as follows.
    98.    At the end of subsection (3)(b) of section 24 (arrest) there shall be added the words "other than an offence under section 12(1) of the Theft Act 1968".
    99.    In section 55(1) (intimate searches) for the words "such a search" there shall be substituted the words "an intimate search".
    100.    In section 65, in the definition of "intimate samples", for the word "orifice" there shall be substituted the word "orifices".
    101.    In section 120 (extent) the second of the two subsections numbered as subsection (9) shall be re-numbered as subsection (9A).
    102.    At the end of Schedule 5 to that Act there shall be added—
 
"Criminal Justice Act 1988 (c. 33)
    9.    Section 134 (Torture).
 
Prosecution of Offences Act 1985 (c. 23)
    103.    The following paragraph shall be inserted after subsection (4)(a) of section 16 of the Prosecution of Offences Act 1985 (defence costs)—
      "(aa)  directs under section 8(1B) of the Criminal Appeal Act 1968 the entry of a judgment and verdict of acquittal;" .
    104.    In subsection (11) of section 22 of that Act (power of Secretary of State to set time limits in relation to preliminary steps of criminal proceedings), at the end of paragraph (b) of the definition of "custody of the Crown Court" there shall be added
  "or
      (c)  section 5(2)(a) of the Criminal Justice Act 1987 (custody after transfer order in fraud case);"
 
Local Government Act 1985 (c. 51)
    105.    In section 15(4) of the Local Government Act 1985 (probation service) for the words "paragraphs 6 and 7" there shall be substituted the words "paragraph 6".
 
Bankruptcy (Scotland) Act 1985 (c. 66)
    106.    The Bankruptcy (Scotland) Act 1985 shall be amended as follows.
    107.    In section 5(4) (interpretation) after "1987" there shall be added the words ", by section 71(9)(a) of the Criminal Justice Act 1988".
    108.    In section 7(1) (constitution of apparent insolvency)—
    (a)  after the words "Drug Trafficking Offences Act 1986" there shall be inserted the words "or by section 78(2) of the Criminal Justice Act 1988";
    (b)  after the words "(Scotland) Act 1987" there shall be inserted the words ", by section 71(9)(a) of the said Act of 1988"; and
    (c)  after the words "Act of 1987" there shall be inserted the words ", by section 77(1) of the said Act of 1988".
    109.    Section 55(2) (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.
 
Insolvency Act 1986 (c. 45)
    110.    Section 281(4) of the Insolvency Act 1986 (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.
 
Criminal Justice Act 1987 (c. 38)
 
Criminal Justice (Scotland) Act 1987 (c. 41)
    111.    The following paragraph shall be substituted for subsection (6)(j) of section 3 of the Criminal Justice Act 1987 and subsection (5)(k) of section 54 of the Criminal Justice (Scotland) Act 1987 (each of which sections relates to disclosure of information)—
      "(          )  a person appointed by the Bank of England under section 41 of the [1987 c. 22.] Banking Act 1987 to carry out an investigation and make a report;" .
 
Criminal Justice Act 1987 (c. 38)
    112.    The Criminal Justice Act 1987 shall be amended as follows.
    113.—(1)  In subsection (2) of section 2 (Director's investigation powers), for the words from "attend" to the end there shall be substituted the words "answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith".

    (2)  In subsection (3) of that section—
    (a)  for the words "a specified time and place" there shall be substituted the words "such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and
    (b)  for the word "class" there shall be substituted the word "description".
    114.—(1)  In subsection (1) of section 11, for the words from "a report" to "containing" there shall be inserted the words "a report of proceedings to which this section applies which contains".

    (2)  The following subsection shall be inserted after that subsection—
      "(1A)  This section applies—
    (a)  to an application under section 6(1) above; and
    (b)  to a preparatory hearing and any appeal or application for leave to appeal relating to such a hearing."
    (3)  The following subsection shall be substituted for subsection (2)—
      "(2)  An order that subsection (1) above shall not apply to reports—
    (a)  of an application under section 6(1) above;
    (b)  of a preparatory hearing;
    (c)  of an appeal to the Court of Appeal under section 9(11) above; or
    (d)  of an application for leave to appeal under that subsection,
may be made—

    (i)  in a case falling within paragraph (a), (b) or (d) above, by the judge dealing with the matter; and

    (ii)  in a case falling within paragraph (c) above, by the Court of Appeal."
" .
    (4)  The following subsection shall be inserted after subsection (9)—
      "(9A)  In subsection (9) above "engaged" means engaged under a contract of service or a contract for services."
    (5)  In subsection (15) the following definition shall be added after the definition of "publish"—
      ""relevant time" means a time when events giving rise to the charges to which the proceedings relate occurred." .
    115.    In section 13(1), for the words "operates only so as to make for Northern Ireland provision corresponding to" there shall be substituted the words "is made only for purposes corresponding to those of".
    116.    In paragraph 6(1) of Schedule 1, for "(4)" there shall be substituted "(5)".
 
Criminal Justice (Scotland) Act 1987 (c. 41)
    117.—(1)  Section 52 of the Criminal Justice (Scotland) Act 1987 (Powers of investigation in relation to serious or complex fraud) shall be amended as follows.

    (2)  In subsection (1) for the words from "attend" to the end there shall be substituted the words "answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.":

    (3)  In subsection (2)—
    (a)  for the words "a specified time and place" there shall be substituted the words "such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and
    (b)  for the word "class" there shall be substituted the word "description".
    (4)  In subsection (5) after the word "him" there shall be inserted "(a)" and at the end of the subsection there shall be added the words
  "; or
      (b)  in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it." .
 
The Public Order (Northern Ireland) Order 1987 S.I. 1987 No. 463 (N.I.7)
    118.—(1)  In Article 24(2) of the Public Order (Northern Ireland) Order 1987, for the words "or Part IV" there shall be substituted the words "Part IV or section 139 of the Criminal Justice Act 1988".

    (2)  In Article 26(1) of that Order, for the words "or 22(1)" there shall be substituted the words "22(1) or section 139 of the Criminal Justice Act 1988".

    (3)  In Article 26(2) (c) of that Order, after the words "Article 22(1)" there shall be inserted the words "or section 139 of the Criminal Justice Act 1988", and after the word "weapon" there shall be inserted the words "or article, as the case may be,".
 
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