Crime and Disorder Act 1998

Part VU.K. Miscellaneous and supplemental

Remands and committalsE+W

F197 Remands and committals of children and young persons.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F298 Remands and committals: alternative provision for 15 or 16 year old boys.E+W

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Release and recall of prisonersE+W

99 Power to release short-term prisoners on licence.E+W

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100 Curfew condition to be included in licence.E+W

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

101 Early release: two or more sentences.E+W

(1)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)After subsection (3) of section 34 of the 1997 Act (interpretation of Chapter II) there shall be inserted the following subsection—

“(4)Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.”

F6102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

103 Recall to prison of short-term prisoners.E+W

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104 Release on licence following recall to prison.E+W

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105 Release on licence following return to prison.E+W

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

MiscellaneousE+W+S

106 Pre-consolidation amendments.E+W+S

The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments relating to the powers of courts to deal with offenders or defaulters.

107 Amendments to Chapter I of Part II of 1997 Act.E+W

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

109 Transitional provisions in relation to certain life prisoners.S

(1)Section 16 of the M1Crime and Punishment (Scotland) Act 1997 (designated life prisoners) shall have effect and shall be deemed always to have had effect with the amendments made by subsections (2) and (3) below.

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

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

“(3A)This subsection applies in a case where a person—

(a)was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and

(b)has been released on licence, other than under section 3 of the 1993 Act, whether before or on that date.

(3B)This subsection applies in a case where a person—

(a)was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and

(b)has been released on licence, other than under section 3 of the 1993 Act, after that date without his case having been considered under subsection (2) above.

(3C)In a case to which subsection (3A) or (3B) applies, Part I of the 1993 Act shall apply as if the person were a designated life prisoner, within the meaning of section 2 of that Act, whose licence had been granted under subsection (4) of that section on his having served the designated part of his sentence.”

(4)Where, prior to the commencement of this section, a certificate has been issued under subsection (2) of section 16 of the M2Crime and Punishment (Scotland) Act 1997 in respect of a case to which subsection (3A) of that section applies, the certificate shall be disregarded.

F12110 Calculation of period of detention at customs office etc. where person previously detained.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111Early release in Scotland: two or more sentences.S

(1)After section 1 of the 1993 Act there shall be inserted the following section—

“1A Application to persons serving more than one sentence.

Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act—

(a)nothing in this Part of this Act shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the other terms;

(b)nothing in this Part of this Act shall require the Secretary of State or the Parole Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Parole Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the other terms; and

(c)where he is released on licence under this Part of this Act, he shall be on a single licence which—

(i)shall (unless revoked) remain in force until the date on which he would (but for his release) have served in full all the sentences in respect of which he has been so released; and

(ii)shall be subject to such conditions as may be specified or required by this Part of this Act in respect of any of the sentences.”

(2)After subsection (7) of section 16 of the 1993 Act (orders for return to prison on commission of further offence) there shall be inserted the following subsection—

“(8)Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act, the date mentioned in subsection (1)(a) above shall be taken to be that on which he would (but for his release) have served all of the sentences in full.”

(3)For subsection (5) of section 27 of the 1993 Act (interpretation of Part I) there shall be substituted the following subsection—

“(5)For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, or any part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—

(a)the sentences were passed at the same time; or

(b)where the sentences were passed at different times, the person has not been released under this Part of this Act at any time during the period beginning with the passing of the first sentence and ending with the passing of the last.”

(4)In sub-paragraph (1) of paragraph 6B of Schedule 6 to the 1993 Act (aggregation of old and new sentences)—

(a)for the words “a prisoner” there shall be substituted the words “ an existing prisoner ”;

(b)the word “and” after head (a) shall cease to have effect;

(c)in head (b), for the words “that date” there shall be inserted the words “ the date on which section 111 of the Crime and Disorder Act 1998 comes into force ”; and

(d)after head (b) there shall be inserted the following— “; and

(c)he has not at any time prior to the passing of the sentence or sentences mentioned in head (b) above been released from the sentence or sentences mentioned in head (a) above under the existing provisions.”

(5)After that paragraph there shall be inserted the following paragraph—

“6C(1)This paragraph applies where—

(a)an existing prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date;

(b)on or after the date on which section 111 of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment on conviction of an offence, to be served wholly or partly concurrently with the sentence or sentences mentioned in head (a); and

(c)the sentences do not fall to be treated as a single term by virtue of paragraph 6B(2)(a) above.

(2)In a case to which this paragraph applies the Secretary of State shall not release, or be required to consider the release of, the prisoner unless and until the requirements for release, or for consideration of his release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.

(3)In a case to which this paragraph applies the Parole Board shall not be required to consider the release of the prisoner unless and until the requirements for release, or for consideration for release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.

(4)In a case to which this paragraph applies, where the prisoner is released on licence, he shall be on a single licence which—

(a)shall (unless revoked) remain in force until the later of—

(i)the date on which he would have been discharged from prison on remission of part of his sentence or sentences under the existing provisions if, after his release, he had not forfeited remission of any part of that sentence under those provisions; or

(ii)the date on which he would (but for his release) have served in full all the sentences in respect of which he was released on licence and which were imposed after the relevant date; and

(b)shall be deemed to be granted under the new provisions and, subject to sub-paragraph (5) below, those provisions so far as relating to conditions of licences, and recall or return to prison, shall apply as they apply in respect of a prisoner on licence in respect of a sentence passed after the relevant date.

(5)In the application of section 16 to a person whose licence is deemed to be granted under the new provisions by virtue of sub-paragraph (4)(b) above, the reference to the original sentence (within the meaning of that section) shall be construed as a reference to the further term or terms mentioned in head (b) of sub-paragraph (1) above.”

(6)Subject to subsection (7) below, the amendments made by subsections (1) to (5) above apply where one or more of the sentences concerned was passed after the commencement of this section.

(7)Where the terms of two or more sentences passed before the commencement of this section have been treated, by virtue of section 27(5) of, or paragraph 6B of Schedule 6 to, the 1993 Act, as a single term for the purposes of Part I of that Act, they shall continue to be so treated after that commencement.

(8)In relation to a prisoner released on licence at any time under section 16(7)(b) of the 1993 Act, section 17(1)(a) of that Act shall have effect as if after the word “Act” there were inserted the words “ or a short term prisoner has been released on licence by virtue of section 16(7)(b) of this Act ”.

112 Restriction on consecutive sentences for released prisoners: Scotland.S

After section 204 of the 1995 Act there shall be inserted the following section—

“204A Restriction on consecutive sentences for released prisoners.

A court sentencing a person to imprisonment or other detention shall not order or direct that the term of imprisonment or detention shall commence on the expiration of any other such sentence from which he has been released at any time under the existing or new provisions within the meaning of Schedule 6 to the M3Prisoners and Criminal Proceedings (Scotland) Act 1993.”

113 Deputy authorising officer under Part III of Police Act 1997.E+W

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementalU.K.

114 Orders and regulations.E+W

(1)Any power of a Minister of the Crown [F14or of the National Assembly for Wales] to make an order or regulations under this Act—

(a)is exercisable by statutory instrument; and

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

(2)A statutory instrument containing an order under section F15...[F165(1A), (2) or (3)F17. . . [F1810(6), 66C(1) or 66H(e)(vi)] above (other than one made by the National Assembly for Wales), or containing] regulations under [F19section 6 or 17A or] paragraph 1 of Schedule 3 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F20(2A)Subsection (2) also applies to a statutory instrument containing—

(a)an order under section 66C(4) unless the order makes provision of the kind mentioned in subsection (3A)(a) below, or

(b)an order under section 66G(5) other than the first such order.]

(3)No order under section [F211F,][F225(6),][F2313A(5),][F2417(4), 38(5), 41(6) [F25, 66A(6)] or 115(3)] above shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

[F26(3A)Subsection (3) also applies to—

(a)an order under section 66C(4) which makes provision increasing the figure in section 66C(3) by more than is necessary to reflect changes in the value of money, and

(b)the first order under section 66G(5).]

[F27(4)The Secretary of State must consult the National Assembly for Wales before making an order under section 5(6), 17(4) or 115(3) that relates to a person or body any of whose functions are dischargeable in relation to Wales (not being functions of the kind referred to in section 5(8)).]

115 Disclosure of information.E+W+S

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

(a)to a relevant authority; or

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

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

(2)In [F28this section] “relevant authority” means—

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

[F29(b)the chief constable of the Police Service of Scotland;]

(c)a [F30local policing body] within the meaning given by section 101(1) of the M4Police Act 1996;

(d)a local authority, that is to say—

(i)in relation to England, a county council, a district council, a London borough council [F31, a parish council] or the Common Council of the City of London;

(ii)in relation to Wales, a county council [F32, a county borough council or a community council];

(iii)in relation to Scotland, a council constituted under section 2 of the M5Local Government etc. (Scotland) Act 1994;

[F33(dza)a non-profit registered provider of social housing;]

[F34(da)a person registered under section 1 of the Housing Act 1996 as a social landlord;]

(e)a [F35local probation board] in England and Wales;

F36[F37(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F38(eb)probation trust

(ec)a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3(2) of the Offender Management Act 2007]

(f)a [F39Local Health Board];

[F40(fa)[F41NHS England];

[F42(fb)an integrated care board;]]

F43(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44[F45(h)the London Fire Commissioner;]

(i)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

[F46(ia)a fire and rescue authority created by an order under section 4A of that Act;]

(j)a metropolitan county fire and rescue authority.]

[F47(3)The appropriate national authority may by order amend this section so far as it extends to England and Wales by—

(a)adding an entry for any person or body to the list of authorities in subsection (2),

(b)altering or repealing any entry for the time being included in the list, or

(c)adding, altering or repealing provisions for the interpretation of entries in the list.

(4)In subsection (3) “the appropriate national authority” has the same meaning as in section 5.]

116 Transitory provisions.E+W

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

117 General interpretation.E+W+S

(1)In this Act—

• “the 1933 Act” means the M6Children and Young Persons Act 1933;

• “the 1969 Act” means the M7Children and Young Persons Act 1969;

• “the 1973 Act” means the M8Powers of Criminal Courts Act 1973;

• “the 1980 Act” means the M9Magistrates’ Courts Act 1980;

• “the 1982 Act” means the M10Criminal Justice Act 1982;

• “the 1984 Act” means the M11Police and Criminal Evidence Act 1984;

• “the 1985 Act” means the M12Prosecution of Offences Act 1985;

• “the 1989 Act” means the M13Children Act 1989;

• “the 1991 Act” means the M14Criminal Justice Act 1991;

• “the 1994 Act” means the M15Criminal Justice and Public Order Act 1994;

• “the 1997 Act” means the M16Crime (Sentences) Act 1997;

• “caution” has the same meaning as in Part V of the M17Police Act 1997;

• “child” means a person under the age of 14;

• F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “custodial sentence” has [F50the meaning given by section 222 of the Sentencing Code];

• “guardian” has the same meaning as in the 1933 Act;

• [F51“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]

• “prescribed” means prescribed by an order made by the Secretary of State;

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

• “youth offending team” means a team established under section 39 above.

(2)In this Act—

• “the 1993 Act” means the M18Prisoners and Criminal Proceedings (Scotland) Act 1993; and

• “the 1995 Act” means the M19Criminal Procedure (Scotland) Act 1995.

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

118 Provision for Northern Ireland.N.I.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M20Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 2 to 4, 34, 47(5), 57, 61 to 64 and 85 above—

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

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

F52119 Minor and consequential amendments.U.K.

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

120 Transitional provisions, savings and repeals.E+W

(1)The transitional provisions and savings contained in Schedule 9 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the M21Interpretation Act 1978 (which relate to the effect of repeals).

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

121 Short title, commencement and extent.U.K.

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

(2)This Act, except this section, sections 109 and 111(8) above and paragraphs 55, 99 and 117 of Schedule 8 to this Act, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

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

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

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

(a)Chapter II of Part I;

(b)section 33;

(c)Chapter II of Part IV;

(d)sections 108 to 112 and 117(2); and

(e)paragraphs 55, 70, 71, 98 to 108, 115 to 124 and 140 to 143 of Schedule 8 and section 119 above so far as relating to those paragraphs.

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

(a)Chapter III of Part I;

(b)section 36(3) to (5);

[F53(bb)sections 52A and 52B;]

F54(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 115;

(e)paragraph 3 of Schedule 3 to this Act and section 52(6) above so far as relating to that paragraph;

F55(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)paragraphs 1, 7(1) and (3), 14(1) and (2), 35, 36, 45, 135, 136 and 138 of Schedule 8 to this Act and section 119 above so far as relating to those paragraphs; and

(h)this section.

(7)Sections 36(1), (2)(a), (b) and (d) and (6)(b) and section 118 above extend to Northern Ireland only.

(8)Section 36(3)(b), (4) and (5) above, paragraphs 7(1) and (3), 45, 135 and 138 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to Northern Ireland.

(9)Section 36(5) above, paragraphs 7(1) and (3), 45 and 134 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Isle of Man.

(10)Section 36(5) above, paragraphs 7(1) and (3), 45 and 135 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Channel Islands.

(11)The repeals in Schedule 10 to this Act, and section 120(2) above so far as relating to those repeals, have the same extent as the enactments on which the repeals operate.

(12)F56. . . and in Schedule 1 to the 1997 Act—

(a)paragraph 14 (restricted transfers between the United Kingdom and the Channel Islands) as applied in relation to the Isle of Man; and

(b)paragraph 19 (application of Schedule in relation to the Isle of Man),

apply to the amendments of that Schedule made by paragraph 135 of Schedule 8 to this Act.