Criminal Justice and Public Order Act 1994 in Scotland
1994 c. 33 · Enacted 3 November 1994 · Extends to United Kingdom
An Act to make further provision in relation to criminal justice (including employment in the prison service); to amend or extend the criminal law and powers for preventing crime and enforcing that law; to amend the Video Recordings Act 1984; and for purposes connected with those purposes.
[3rd November 1994]
I1E1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Commencement
- I1
Act partly in force at Royal Assent, see s. 172(2)-(4)(6)
Extent
- E1
Act extends mainly to England and Wales only, but for exceptions see s. 172(7)-(16)
Contents
- 5Provision etc. of secure training centres.
- 6Management of secure training centres.
- 7Contracting out of secure training centres.
- 8Officers of contracted out secure training centres.
- 9APower of custody officers to detain suspected offenders
- 10Intervention by Secretary of State in management of contracted out secure training centres.
- 17Maximum length of detention for young offenders.
- 22Management of secure accommodation.
- Arrest of young persons in breach of conditions of remand
- Police detention of young persons
- 24Detention of arrested juveniles after charge.
- 27Power for police to grant conditional bail to persons charged.
- 28Police detention after charge.
- 30Reconsideration of decisions granting bail.
- Part III: Course of Justice: Evidence, Procedure, Etc.
- 32Abolition of corroboration rules.
- 33Abolition of corroboration requirements under Sexual Offences Act 1956.
- Inferences from accused’s silence
- 34Effect of accused’s failure to mention facts when questioned or charged.
- 35Effect of accused’s silence at trial.
- 36Effect of accused’s failure or refusal to account for objects, substances or marks.
- 37Effect of accused’s failure or refusal to account for presence at a particular place.
- 38Interpretation and savings for sections 34, 35, 36 and 37.
- 39Power to apply sections 34 to 38 to armed forces.
- 41Jury service: disabled persons.
- 43Separation of jury during consideration of verdict.
- Procedure, jurisdiction and powers of magistrates’ courts
- 47Recovery of fines, etc. by deduction from income support.
- Publication of reports in young offender cases
- 49Restrictions on reports of proceedings in which children or young persons are concerned.
- Powers of police to take body samples
- 56Fingerprints and samples: supplementary provisions.
- 58Samples: intimate and non-intimate etc.
- 59Extension of powers to search persons’ mouths.
- 60Powers to stop and search in anticipation of , or after violence.
- 60AAPowers to require removal of disguises
- 60ARetention and disposal of things seized under section 60.
- 60COffence relating to residing on land without consent in or with a vehicle
- 60DOffence under section 60C: seizure of property etc
- 60EOffence under section 60C: forfeiture
- Powers to remove trespassers on land
- 61Power to remove trespassers on land.
- 62Supplementary powers of seizure.
- Powers in relation to raves
- 64Supplementary powers of entry and seizure.
- 65Raves: power to stop persons from proceeding.
- 66Power of court to forfeit sound equipment.
- Retention and charges for seized property
- 67Retention and charges for seized property.
- Disruptive trespassers
- 68Offence of aggravated trespass.
- 69Powers to remove persons committing or participating in aggravated trespass.
- Trespassory assemblies
- 70Trespassory assemblies.
- 71Trespassory assemblies: power to stop persons from proceeding.
- 72Violent entry to premises: special position of displaced residential occupiers and intending occupiers.
- 73Adverse occupation of residential premises.
- 74Protected intending occupiers: supplementary provisions.
- 75Interim possession orders: false or misleading statements.
- 77Power of local authority to direct unauthorised campers to leave land.
- 78Orders for removal of persons and their vehicles unlawfully on land.
- 79Provisions as to directions under s. 77 and orders under s. 78.
- Part VI: Prevention of Terrorism
- 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part VII: Obscenity and Pornography and Videos
- Obscene publications and indecent photographs of children
- 84Indecent pseudo-photographs of children.
- 87Publishing, displaying, selling or distributing etc. obscene material in Scotland: sentence of imprisonment.
- Video recordings
- 88Video recordings: increase in penalties.
- 89Video recordings: restriction of exemptions.
- 90Video recordings: suitability.
- 91Enforcement by enforcing authorities outside their areas.
- Obscene, offensive or annoying telephone calls
- 92Obscene, offensive or annoying telephone calls: increase in penalty.
- Part VIII: Prison Services and the Prison Service
- Chapter I: England and Wales
- Prisoner escorts
- 93Arrangements for the provision of prisoner escorts.
- 95Breaches of discipline by prisoners under escort.
- 96Contracted out parts of prisons, etc.
- 98Prisoners temporarily out of prison.
- 99Contracted out functions at directly managed prisons.
- Supplemental
- 101Minor and consequential amendments.
- Chapter II: Scotland
- Prisoner escorts
- 102Arrangements for the provision of prisoner escorts.
- 103Monitoring of prisoner escort arrangements.
- 104Powers and duties of prisoner custody officers performing escort functions.
- 105Breaches of discipline by prisoners under escort.
- Contracted out prisons
- 106Contracting out of prisons.
- 107Officers of contracted out prisons.
- 108Powers and duties of prisoner custody officers employed at contracted out prisons.
- 109Breaches of discipline by prisoners temporarily out of contracted out prison.
- 110Consequential modifications of 1989 Act, prison rules and directions.
- 111Intervention by the Secretary of State.
- Contracted out functions
- 112Contracted out functions at directly managed prisons.
- Provision of new prisons
- 113Provision of new prisons.
- Supplemental
- 114Prisoner custody officers: general provisions.
- 115Wrongful disclosure of information.
- 116Minor and consequential amendments.
- 117Interpretation of Chapter II.
- Chapter III: Northern Ireland
- Prisoner escorts
- 117AExercise of functions by the Department of Justice
- 118Arrangements for the provision of prisoner escorts.
- 120Powers and duties of prisoner custody officers acting in pursuance of such arrangements.
- 121Breaches of discipline by prisoners under escort.
- Supplemental
- 125Interpretation of Chapter III.
- Chapter IV: The Prison Service
- 126Service in England and Wales and Northern Ireland.
- 127Inducements to withhold services or to indiscipline.
- 127APower to suspend the operation of section 127
- 128Pay and related conditions.
- 128APay and related conditions: Northern Ireland
- Part IX: Miscellaneous Amendments: Scotland
- 129Transfer of persons detained by police and customs officers.
- 130Detention and release of children: Scotland.
- 131Conditions in licence of released prisoner: requirement for Parole Board recommendations.
- 132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 133Extension of categories of prisoner to whom Part I of Prisoners and Criminal Proceedings (Scotland) Act 1993 applies.
- 134Amendment of provisions continued in effect for certain prisoners by Prisoners and Criminal Proceedings (Scotland) Act 1993.
- 135Further amendment of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993: application of “new provisions”.
- Part X: Cross-Border Enforcement
- 136Execution of warrants.
- 137Cross-border powers of arrest etc.
- 137ZAArrest under section 136 or 137 in connection with offence in Scotland
- 137AAdditional cross-border powers of arrest etc: urgent cases
- 137BMeaning of “specified offence” for the purposes of section 137A
- 137CDetention for the purpose of re-arrest
- 137DRights of persons arrested under section 137A
- 137EEntry and search for the purposes of arrest
- 138Powers of arrest etc.: supplementary provisions.
- 139Search powers available on arrests under sections 136, 137 and 137A.
- 140Reciprocal powers of arrest.
- 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part XI: Sexual Offences
- Homosexuality
- 145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 146Extension of Sexual Offences Act 1967 to the armed forces and merchant navy.
- 148Amendment of law relating to homosexual acts in Scotland.
- Part XII: Miscellaneous and General
- 149Incorporation of the Parole Board.
- 150Powers to recall prisoners released on licence.
- Prisons: powers in relation to prisoners, visitors and others
- 151Power to test prisoners for drugs.
- 152Powers of search by authorised employees in prisons.
- 153Prohibited articles in Scottish prisons.
- 154Offence of causing intentional harassment, alarm or distress.
- Prohibition on use of cells from embryos or foetuses
- 156Prohibition on use of cells from embryos or foetuses.
- Increase in certain penalties
- 157Increase in penalties for certain offences.
- Extradition procedures
- 158Extradition procedures. Repealed
- 159Backing of warrants: Republic of Ireland. Repealed
- Constabulary powers in United Kingdom waters
- 160Extension of powers, etc., of constables to United Kingdom waters.
- Obtaining computer-held information
- 161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 162Access to computer material by constables and other enforcement officers.
- Closed-circuit television by local authorities
- 163Local authority powers to provide closed-circuit television.
- Serious fraud
- 164Extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland.
- Copyright and illicit recordings: enforcement of offences Not yet in force
- 165Enforcement of certain offences relating to copyright and illicit recordings.
- 166ASupplementary provision relating to sale and disposal of tickets on internet
- General
- 168Minor and consequential amendments and repeals.
- 169Power of Secretary of State to make payments or grants in relation to crime prevention, etc.
- 170Security costs at party conferences.
- 171Expenses etc. under Act.
- 172Short title, commencement and extent.
- Schedule SSchedule S
- Monitoring etc. of escort arrangements
- Powers and duties of custody officers acting in pursuance of escort arrangements
- Interpretation
- Preliminary
- 1Paragraph 1
- Issue of certificates
- 2Paragraph 2
- Suspension of certificate
- Revocation of certificate
- 4Paragraph 4
- False statements
- 5Paragraph 5
- Bail Act 1976
- 1Paragraph 1
- 2Paragraph 2
- Magistrates’ Courts Act 1980
- 3Paragraph 3
- Non-appearance of accused: plea of guilty
- 1Paragraph 1
- Application of section 12 procedure where accused appears
- 2Paragraph 2
- Consequential amendments
- 3Paragraph 3
- Schedule 6: Certification of Prisoner Custody Officers: Scotland
- Preliminary
- 1Paragraph 1
- Issue of certificates
- 2Paragraph 2
- Suspension of certificate
- 3Paragraph 3
- Revocation of certificate
- 4Paragraph 4
- False statements
- 5Paragraph 5
- Preliminary
- 1Paragraph 1
- Issue of certificates
- 2Paragraph 2
- Suspension of certificate
- 3Paragraph 3
- Revocation of certificate
- 4Paragraph 4
- False statements
- 5Paragraph 5
- Schedule 7A: Offences specified for the purposes of section 137A
- Part 1: Offences under the law of England and Wales
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 25AParagraph 25A
- Part 2: Offences under the law of Scotland
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 43AParagraph 43A
- Part 3: Offences under the law of Northern Ireland
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- Schedule 7B: Rights of persons arrested under section 137A: modifications
- Part 1: Arrests in respect of offences committed in England and Wales
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 2: Arrests in respect of offences committed in Scotland
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part 3: Arrests in respect of offences committed in Northern Ireland
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Schedule 8: Increase in Penalties
- IIncrease of Fines for Certain Sea Fisheries Offences
- IIIncrease of Fines for Certain Misuse of Drugs Offences
- IIIIncrease in Penalties for Certain Firearms Offences
- Schedule 9: Minor Amendments
- Poaching: increase in penalties
- 1Paragraph 1
- Sexual offences: procurement of women
- 2Paragraph 2
- Electronic transmission of obscene material
- 3Paragraph 3
- Poaching: forfeiture of vehicles
- 4Paragraph 4
- Magistrates’ courts’ jurisdiction in cases involving children and young persons
- 5Paragraph 5
- Service of documents by first class post
- 6Paragraph 6
- Transfers of proceedings
- 7Paragraph 7 Repealed
- Offences aggravated by possession of firearms
- 8Paragraph 8
- Notice of proceedings
- 9Paragraph 9
- Treatment of mental condition of offenders placed on probation
- 10Paragraph 10 Repealed
- Rehabilitation of offenders placed on probation
- 11Paragraph 11
- Transfers of proceedings
- 12Paragraph 12 Repealed
- Anonymity of victims of certain offences
- 13Paragraph 13
- Execution of warrants for non-payment
- 14Paragraph 14
- Conditional or absolute discharge: appeal to Crown Court
- 16Paragraph 16 Repealed
- Transfers of proceedings
- 17Paragraph 17
- Transfers of proceedings
- 18Paragraph 18
- Transfers of proceedings
- 19Paragraph 19
- Electronic transmission of obscene material (Scotland)
- 20Paragraph 20
- Fines for breach of attendance centre orders or rules
- 21Paragraph 21 Repealed
- Video recordings
- 22Paragraph 22
- Standard period of validity of search warrants
- 23Paragraph 23
- Transfers of proceedings
- 24Paragraph 24
- Transfers of proceedings
- 25Paragraph 25 Repealed
- Award of costs against accused
- 26Paragraph 26
- Transfers of proceedings
- 27Paragraph 27 Repealed
- Confiscation orders in drug trafficking cases: variation of sentences
- 28Paragraph 28 Repealed
- Transfer of fraud cases
- 29Paragraph 29 Repealed
- Fraud cases: preparatory hearings
- 30Paragraph 30
- Transfers of proceedings
- 31Paragraph 31 Repealed
- Evidence through television links
- 32Paragraph 32
- Competence of children
- Reviews of sentencing
- 34Paragraph 34
- Assaulting prisoner custody officer triable with indictable offence
- 35Paragraph 35
- Confiscation orders: variation of sentence
- 36Paragraph 36
- Extradition from the United Kingdom
- 37Paragraph 37
- Remands and committals of young persons to secure accommodation Not yet in force
- 38Paragraph 38 Not yet in force
- Non-intimate samples: samples of hair
- 39Paragraph 39
- Pre-sentence reports
- 40Paragraph 40 Repealed
- Fines
- 42Paragraph 42 Repealed
- False statements as to financial circumstances
- 43Paragraph 43
- Effect of previous probation orders and discharges
- 44Paragraph 44 Repealed
- Sexual offences
- 45Paragraph 45 Repealed
- Discretionary life prisoners
- 46Paragraph 46
- Committals for sentence
- 47Paragraph 47 Repealed
- Extradited persons: sentence of imprisonment to reflect custody
- 48Paragraph 48
- Transfers of proceedings
- 49Paragraph 49 Repealed
- Community sentences: binding over of parent or guardian
- 50Paragraph 50 Repealed
- Confiscation orders in terrorist-related activities cases: variation of sentences
- 51Paragraph 51 Repealed
- Anonymity of victims of certain offences
- 52Paragraph 52
- Application of 1993 Act powers to pre-commencement offences
- 53Paragraph 53
- Schedule 10: Consequential Amendments
- Bail: exclusion in homicide and rape cases
- 1Paragraph 1
- Evidence of accused in criminal proceedings
- 2Paragraph 2
- Evidence of accused in criminal proceedings
- 3Paragraph 3
- Responsibility for fine for breach of requirements of secure training order
- 4Paragraph 4 Repealed
- Bail: exclusion in homicide and rape cases
- 5Paragraph 5 Repealed
- Bail: exclusion in homicide or rape cases
- 6Paragraph 6
- Modernisation of “servant” in Prison Act
- 7Paragraph 7
- Use of young offender institutions as secure training centres
- 8Paragraph 8
- Young offenders absconding from secure training centres
- 9Paragraph 9
- Bail: exclusion in homicide and rape cases
- 10Paragraph 10
- Young offenders: application of prison rules
- 11Paragraph 11
- Young offenders: transfer, supervision and recall within British Islands
- 12Paragraph 12
- Payment of damages by police authority
- 13Paragraph 13 Repealed
- Cross-border enforcement: extension of protection
- 14Paragraph 14 Repealed
- Bail: exclusion in homicide and rape cases
- 15Paragraph 15 Repealed
- Young offenders: detention under secure training order
- 16Paragraph 16
- Payment of damages by Scottish police authority
- 17Paragraph 17 Repealed
- Assaults on constables etc.
- 18Paragraph 18
- Bail: exclusion in homicide and rape cases
- 19Paragraph 19
- Bail: exclusion in homicide and rape cases
- 20Paragraph 20
- Bail: exclusion in homicide and rape cases
- 21Paragraph 21
- Bail: exclusion in homicide and rape cases
- 22Paragraph 22
- Bail: exclusion in homicide and rape cases
- 23Paragraph 23
- Young offenders: possession of firearms
- 24Paragraph 24
- Cross-border enforcement: extension of protection
- 25Paragraph 25
- Sexual offences: male rape
- 26Paragraph 26 Repealed
- Payment of damages by Police Authority for Northern Ireland
- 27Paragraph 27 Repealed
- Jury service: penalty for serving when not qualified
- 28Paragraph 28
- Custody officers: ineligibility for jury service
- 29Paragraph 29 Repealed
- Rehabilitation of offenders subject to secure training orders
- 30Paragraph 30
- Prisoner custody officers: ineligibility for jury service
- 31Paragraph 31 Repealed
- Police bail: variation by magistrates
- 33Paragraph 33
- Bail: no right for persons offending while on bail
- 34Paragraph 34
- Sexual offences: male rape
- 35Paragraph 35
- Sexual offences: male rape
- 36Paragraph 36
- Indecent photographs etc.
- 37Paragraph 37
- Indecent photographs etc. (Northern Ireland)
- 38Paragraph 38
- Secure training orders: absence of accused
- 39Paragraph 39
- Procedure for young offenders in cases of grave crimes
- 40Paragraph 40 Repealed
- Bail: exclusion in homicide and rape cases
- 41Paragraph 41
- Bail: exclusion in homicide and rape cases
- 42Paragraph 42 Repealed
- Police bail
- 43Paragraph 43
- Bail: exclusion in homicide or rape cases
- 44Paragraph 44
- Prisoner custody officers: ineligibility for jury service
- 45Paragraph 45
- Young offenders: detention in the custody of a constable and others
- 46Paragraph 46
- Detention by constables and officers of a prison etc.: maximum period
- 47Paragraph 47 Repealed
- Bail: exclusion in homicide and rape cases
- 48Paragraph 48
- Young offenders: legal representation
- 49Paragraph 49 Repealed
- Young offenders: early release
- 50Paragraph 50
- Bail: exclusion in homicide and rape cases
- 51Paragraph 51
- Video recordings
- 52Paragraph 52
- Interim possession order: power of entry
- 53Paragraph 53
- Bail: exclusion in homicide and rape cases
- 54Paragraph 54
- Searches of persons detained at police stations
- 55Paragraph 55
- Fingerprinting: speculative searches
- 56Paragraph 56
- Intimate samples: speculative searches
- 57Paragraph 57
- Non-intimate samples: speculative searches
- 58Paragraph 58
- Sexual offences: male rape and buggery
- 59Paragraph 59 Repealed
- Trespassory assemblies
- 60Paragraph 60
- Inferences from accused’s silence
- 61Paragraph 61
- Samples: application to terrorist suspects
- 62Paragraph 62
- Prevention of terrorism: consents for prosecutions etc.
- 63Paragraph 63 Repealed
- Young offenders: powers to search and to test for drugs
- 64Paragraph 64 Repealed
- Non-appearance of accused: plea of guilty
- 65Paragraph 65 Repealed
- Young offenders: secure training order a custodial sentence
- 66Paragraph 66 Repealed
- Bail: exclusion in homicide and rape cases
- 67Paragraph 67 Repealed
- Contracted out prisons: exclusion of search powers
- 68Paragraph 68 Repealed
- Testing prisoners for drugs: director’s function
- 69Paragraph 69
- The Parole Board
- 70Paragraph 70
- Bail: exclusion in homicide and rape cases
- 71Paragraph 71 Repealed
- Probation officers for offenders subject to secure training orders
- 72Paragraph 72 Repealed
- Secure training orders: cost of supervision by probation officer
- 73Paragraph 73 Repealed
- Schedule 11Repeals