Criminal Justice Act 1991 in Scotland

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

the making and amendment in Scotland or Northern Ireland of F2certain orders relating to persons residing in England and Wales.

F1In section 37 (standard scale of fines) of the M1Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the M2Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—

“(2)

The standard scale is shown below—

Level on the scale	Amount of fine
1	£200
2	£500
3	£1,000
4	£2,500
5	£5,000

”.

Part I of the M3Magistrates’ Courts Act 1980 (“the 1980 Act”) shall be amended as follows—

and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.

Schedule 4 to this Act shall have effect as follows—

In the F1Table in paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—

“

An amount not exceeding £200	7 days
An amount exceeding £200 but not exceeding £500	14 days
An amount exceeding £500 but not exceeding £1,000	28 days
An amount exceeding £1,000 but not exceeding £2,500	45 days
An amount exceeding £2,500 but not exceeding £5,000	3 months

”.

For the Table in section 407(1A) of the M1Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—

“

Amount of fine or caution	Maximum period of imprisonment
An amount not exceeding £200	7 days
An amount exceeding £200 but not exceeding £500	14 days
An amount exceeding £500 but not exceeding £1,000	28 days
An amount exceeding £1,000 but not exceeding £2,500	45 days
An amount exceeding £2,500 but not exceeding £5,000	3 months
An amount exceeding £5,000 but not exceeding £10,000	6 months
An amount exceeding £10,000 but not exceeding £20,000	12 months
An amount exceeding £20,000 but not exceeding £50,000	18 months
An amount exceeding £50,000 but not exceeding £100,000	2 years
An amount exceeding £100,000 but not exceeding £250,000	3 years
An amount exceeding £250,000 but not exceeding £1 million	5 years
An amount exceeding £1 million	10 years.

”

In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the M2Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.

The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order F1, an unlawful profit order or a slavery and trafficking reparation order which has been made against an offender by such a court, and (in either case) the offender is entitled to F2universal credit, income support F3, a jobseeker’s allowance F4, state pension credit or an F5... employment and support allowance

The regulations may include—

An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.

An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—

A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

In subsection (1) above—

This section applies in relation to a surcharge imposed under F20section 42 of the Sentencing Code F21or section 253F of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.

This section applies in relation to a restitution order imposed under section 253A of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a restitution order.

In this section—

• “fine” includes—

  • (a) a penalty imposed under F23section 29 or 37 of the Vehicle Excise and Registration Act 1994 or section 102(3)(aa) of the M2Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);

  • (b) an amount ordered to be paid, in addition to any penalty so imposed, under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);

  • F24(ba) a charge ordered to be paid under F25section 46 of the Sentencing Code (criminal courts charge);

  • (c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the M3Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;

• F26...

• “income support” means income support within the meaning of the M4Social Security Act 1986, either alone or together with any F27... F28 incapacity benefit, F29or retirement pension which is paid by means of the same instrument of payment;

• “prescribed” means prescribed by regulations made by the Secretary of State.

• F30“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;

• F31“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

In the application of this section to Scotland—

In section 7 of the M1Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.

For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—

“(3)

A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—

(a)

where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;

(b)

in any other case, ten years.

(4)

References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.”

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

In section 51(4) of the M2Criminal Law Act 1977 (penalties for bomb hoaxes)—

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

Juvenile courts shall be renamed youth courts and juvenile court panels shall be renamed youth court panels.

Any reference to juvenile courts or juvenile court panels in any enactment passed or instrument made before the commencement of this section shall be construed in accordance with subsection (1) above.

A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers in relation to any person who is in or is seeking to enter the prison (other than a prisoner confined in the prison).

Where the officer has reason to believe that the person is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952, the officer may—

A person who makes off while subject to such a requirement is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

In subsection (2), a reference to an offence under a particular provision includes a reference to any offence consisting of an attempt to commit, incitement or conspiracy to commit, or aiding, abetting, counselling or procuring the commission of, an offence under that provision.

In this section—

• “restricted activity” means an activity which is (apart from this section) required by section 85(1) to be carried out by an officer of a contracted-out prison who is—

  1. (a)

     a prisoner custody officer authorised to perform custodial duties; or

  2. (b)

     a prison officer temporarily attached to the prison; and

• “worker”, in relation to a contracted out prison, means a person who works at the prison, other than an officer mentioned above.

The Secretary of State may by order specify descriptions of restricted activity that may be the subject of authorisations under subsection (3) given to workers at a contracted-out prison.

A worker at a contracted-out prison may carry out any activity of a description specified under subsection (2), but only if and to the extent that he is for the time being authorised to do so by the director of the prison.

The director may give such authorisation—

Nothing in an order or authorisation under this section is to be taken as authorising the use of force.

An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In this Act—

• “the 1933 Act” means the M1Children and Young Persons Act 1933;

• “the 1952 Act” means the M2Prison Act 1952;

• “the 1967 Act” means the M3Criminal Justice Act 1967;

• “the 1969 Act” means the M4Children and Young Persons Act 1969;

• “the 1973 Act” means the M5Powers of Criminal Courts Act 1973;

• F1. . .

• “the 1980 Act” means the M6Magistrates’ Courts Act 1980;

• “the 1982 Act” means the M7Criminal Justice Act 1982;

• “the 1983 Act” means the M8Mental Health Act 1983;

• “the 1988 Act” means the M9Criminal Justice Act 1988;

• “child”, unless the contrary intention appears, means a person under the age of fourteen years;

• F2“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;

• “prison rules” means rules made under section 47 of the 1952 Act;

• “young person” means a person who has attained the age of fourteen years and is under the age of eighteen years.

• F3“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.

For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State, his age shall be deemed to be that which it appears to the court or the Secretary of State to be after considering any available evidence.

The transitional provisions and savings contained in Schedule 12 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 M1Interpretation Act 1978 (which relate to the effect of repeals).

The enactments mentioned in Schedule 13 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

This Act may be cited as the Criminal Justice Act 1991.

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions or for different purposes.

Without prejudice to the provisions of Schedule 12 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.

Subject to subsections (5) to (8) below, this Act extends to England and Wales only.

The following provisions of this Act, namely—

also extend to Scotland; and section 23(2) above and, in so far as relating to the M2Criminal Procedure (Scotland) Act 1975, Schedule 13 to this Act extend to Scotland only.

This section, section 16 above, Schedule 3 to this Act, F2. . . and, so far as relating to the M3Social Work (Scotland) Act 1968, Schedule 13 to this Act also extend to Northern Ireland.

An Order in Council under section 81(11) of the 1982 Act may direct that both or either of—

shall extend, subject to such modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands.

Sections 80, 82 and 83 above, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.

Nothing in subsection (4) above affects the extent of this Act in so far as it amends or repeals any provision of the M4Army Act 1955, the M5Air Force Act 1955, the M6Naval Discipline Act 1957 or the M7Armed Forces Act 1991.

Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 2 of the 1973 Act (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A)

A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the F1council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area he resides, or will be residing when the order comes into force.”

Where a probation order has been made and—

the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act (additional requirements in probation orders) shall have effect as if—

A probation order made or amended in accordance with this paragraph shall—

Where a court considering the making of a probation order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 2 of the 1973 Act shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A)

A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.”

Where a probation order has been made and—

the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act shall have effect as if—

A probation order made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.

Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect as if for subsection (2A) there were substituted the following subsection—

“(2A)

A court shall not make a community service order in respect of any offender unless—

(a)

the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and

(b)

it appears to the court that provision can be made for him to perform work under those arrangements.”

Where a community service order has been made and—

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.

A community service order made or amended in accordance with this paragraph shall—

Where a court considering the making of a community service order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect—

Where a community service order has been made and—

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed F3. . ..

A community service order made or amended in accordance with this paragraph shall—

in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and

in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.

Where a community order is made or amended in any of the circumstances specified in this Schedule, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

Where a community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph—

Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language—

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under section 2(3) or 14(5) of the 1973 Act.

The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely—

If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales—

the home court may require the offender to appear before the court which made the order.

Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the community order, that court—

and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority or probation officer concerned.

Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community order—

In this paragraph—

• “corresponding order”, in relation to a combination order, means a probation order including such a requirement as is mentioned in subsection (5A) of section 183 or 384 of the M3Criminal Procedure (Scotland) Act 1975;

• “home court” means—

• “the local authority officer concerned”, in relation to an offender, means the officer of a F4council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 responsible for his supervision or, as the case may be, discharging in relation to him the functions assigned by the M4Community Service by Offenders (Scotland) Act 1978;

• “the probation officer concerned”, in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by F5Part II of the Criminal Justice (Northern Ireland) Order 1996;

• “the relevant time” means the time when the order or the amendment to it comes into force.

The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

In each of sections 183 and 384 (which provide, respectively, for probation orders in solemn and in summary proceedings), in subsection (1A) for the words “by the local authority in whose area he resides or is to reside” there shall be substituted the following paragraphs—

“(a)

in a case other than that mentioned in paragraph (b) below, by the local authority in whose area he resides or is to reside; or

(b)

in a case where, by virtue of section 188(1) of this Act, subsection (2) of this section would not apply, by the probation committee for the area which contains the petty sessions area which would be named in the order”.

In each of sections 188 and 389 (which provide, respectively, for probation orders relating to persons residing in England being made in solemn and in summary proceedings)—

Sections 189 and 390 (which make further provision as to probation orders in, respectively, solemn and summary proceedings) shall cease to have effect.

in subsection (1)(b), for the words “to a juvenile court acting for the petty sessions area” there shall be substituted the following sub-paragraphs—

“(i)

in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);

(ii)

in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).”;

in subsection (1A)—

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

in subsection (3), after the words “by a” there shall be inserted the words “youth court or, as the case may be”; and

subsection (4) shall cease to have effect.

Where F1... a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, F2Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A)

A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the F3local justice area in which he resides or will reside.”

Where a probation order has been made by a court in Northern Ireland and—

it appears to the court that suitable arrangements for his supervision can be made by

Where a court is considering the making or amendment of a probation order in accordance with this paragraph, F9Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if—

A probation order made or amended in accordance with this paragraph shall specify the F20local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.

Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

Where F1an adult probation order is made or amended in any of the circumstances specified in paragraph 10 above, then, subject to the following provisions of this paragraph—

Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph—

Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language—

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under F11Article 10(3) of the Criminal Justice (Northern Ireland) Order 1996.

The home court may exercise in relation to the probation order any power which it could exercise in relation to a F12community order F13or, as the case may be, a youth rehabilitation order made by a court in England and Wales F14. . . , except a power conferred by F15paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code F16or by F17paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code.

If at any time while F18F19Chapter 2 of Part 9 of the Sentencing Code F20or, as the case may be, F21Chapter 1 of that Part applies by virtue of sub-paragraph F22(2) or (2A) (as the case may be) to a probation order made in Northern Ireland it appears to the home court—

the home court may require the offender to appear before the court which made the order.

Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court—

and F27Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect accordingly.

Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order—

In this paragraph

• F29“adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

• F30“community order” has the meaning given by section 200 of the Sentencing Code;

• “home court” means, if the offender resides in England and Wales, or will be residing there at the time when the order or the amendment to it comes into force, the court of summary jurisdiction F31acting in the local justice area in which he resides or proposes to reside.

• F32“youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

• F33“youth rehabilitation order” has the meaning given by section 173 of the Sentencing Code.

Section 31 of the 1933 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—

“(2)

In this section and section 34 of this Act, “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.”

In sections 46(1) and (1A), 48(2) and 99(1) of that Act, for the words “the age of seventeen” there shall be substituted the words “the age of eighteen”.

In section 107(1) of that Act, for the definition of “young person” there shall be substituted the following definition—

““young person” means a person who has attained the age of fourteen and is under the age of eighteen years.”

Section 29 of the 1969 Act shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted the following subsection—

“(2)

In this section “young person” means a person who has attained the age of fourteen and is under the age of seventeen years.”

In section 70(1) of that Act, for the definition of “young person” there shall be substituted the following definition—

““young person” means a person who has attained the age of fourteen and is under the age of eighteen years;”.

Section 67 of the 1967 Act (remand time to be taken into account in computing sentences) shall be amended as follows.

In subsection (1A)(c)—

For subsection (5) there shall be substituted the following subsection—

“(5)

This section applies—

(a)

to sentences of detention in a young offender institution; and

(b)

to determinate sentences of detention passed under section 53(2) of the Children and Young Persons Act 1933 (sentences for serious indictable offences),

as it applies to sentences of imprisonment.”

In subsection (6)—

Section 12(2) of the M1Contempt of Court Act 1981 (offences of contempt of magistrates’ court) shall have effect as if the reference to any officer of the court included a reference to any court security officer assigned to the court-house in which the court is sitting.

In this paragraph “court security officer” and “court-house” have the meanings given by section 92(1) of this Act.

in the case of an offence triable only summarily, when a plea is entered;

in the case of an offence triable only on indictment, when the magistrates’ court begins to inquire into the offence as examining magistrates;

in the case of an offence triable either way, when the magistrates’ court determines to proceed with the summary trial of the offence or, as the case may be, to proceed to inquire into the offence as examining justices.