Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994 (1994 c. 33)
- Criminal Justice and Public Order Act 1994 (1994 c. 33)
- Part I Young Offenders
- Secure training orders
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- 5 Provision etc. of secure training centres.
- 6 Management of secure training centres.
- 7 Contracting out of secure training centres.
- 8 Officers of contracted out secure training centres.
- 9 Powers and duties of custody officers employed at contracted out secure training centres.
- 9A Power of custody officers to detain suspected offenders
- 10 Intervention by Secretary of State in management of contracted out secure training centres.
- 11 Contracted out functions at directly managed secure training centres.
- 12 Escort arrangements and officers.
- 13 Protection of custody officers . . . .
- 14 Wrongful disclosure of information relating to persons detained in youth detention accommodation.
- 15 Interpretation of sections 7 to 14.
- Custodial sentences for young offenders
- 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17 Maximum length of detention for young offenders.
- 18 Accommodation of young offenders sentenced to custody for life.
- Secure accommodation for certain young persons
- 19 Extension of kinds of secure accommodation.
- 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 21 Cost of secure accommodation.
- 22 Management of secure accommodation.
- Arrest of young persons in breach of conditions of remand
- 23 Liability of young persons to arrest for breaking conditions of remand.
- Police detention of young persons
- 24 Detention of arrested juveniles after charge.
- Part II Bail
- 25 No bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences.
- 26 No right to bail for persons accused or convicted of committing offence while on bail.
- 27 Power for police to grant conditional bail to persons charged.
- 28 Police detention after charge.
- 29 Power for police to arrest for failure to answer to police bail.
- 30 Reconsideration of decisions granting bail.
- Part III Course of Justice: Evidence, Procedure, Etc.
- Imputations on character
- 31 Imputations on character.
- Corroboration
- 32 Abolition of corroboration rules.
- 33 Abolition of corroboration requirements under Sexual Offences Act 1956.
- Inferences from accused’s silence
- 34 Effect of accused’s failure to mention facts when questioned or charged.
- 35 Effect of accused’s silence at trial.
- 36 Effect of accused’s failure or refusal to account for objects, substances or marks.
- 37 Effect of accused’s failure or refusal to account for presence at a particular place.
- 38 Interpretation and savings for sections 34, 35, 36 and 37.
- 39 Power to apply sections 34 to 38 to armed forces.
- 39A Power to apply sections 36 and 37 in relation to food crime officers
- Juries
- 40 Disqualification for jury service of persons on bail in criminal proceedings.
- 41 Jury service: disabled persons.
- 42 Jury service: excusal on religious grounds.
- 43 Separation of jury during consideration of verdict.
- Procedure, jurisdiction and powers of magistrates’ courts
- 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 45 Extension of procedures enabling magistrates’ courts to deal with cases in which accused pleads guilty.
- 46 Criminal damage, etc. as summary offence: relevant sum.
- 47 Recovery of fines, etc. by deduction from income support.
- Sentencing: guilty pleas
- 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Publication of reports in young offender cases
- 49 Restrictions on reports of proceedings in which children or young persons are concerned.
- Child testimony
- 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Intimidation, etc., of witnesses, jurors and others
- 51 Intimidation, etc., of witnesses, jurors and others.
- Criminal appeals
- 52 Circuit judges to act as judges of criminal division of Court of Appeal.
- 53 Expenses in criminal appeals in Northern Ireland Court of Appeal.
- Part IV Police Powers
- Powers of police to take body samples
- 54 Powers of police to take intimate body samples.
- 55 Powers of police to take non-intimate body samples.
- 56 Fingerprints and samples: supplementary provisions.
- 57 Retention of samples in certain cases.
- 58 Samples: intimate and non-intimate etc.
- 59 Extension of powers to search persons’ mouths.
- Powers of police to stop and search
- 60 Powers to stop and search in anticipation of , or after violence.
- 60AA Powers to require removal of disguises
- 60A Retention and disposal of things seized under section 60.
- 60B Arrest without warrant for offences under section 60: Scotland.
- Part V Public Order: Unauthorised encampments and Collective Trespass or Nuisance on Land
- Residing on land without consent in or with a vehicle
- 60C Offence relating to residing on land without consent in or with a vehicle
- 60D Offence under section 60C: seizure of property etc
- 60E Offence under section 60C: forfeiture
- Powers to remove trespassers on land
- 61 Power to remove trespassers on land.
- 62 Supplementary powers of seizure.
- 62A Power to remove trespassers: alternative site available
- 62B Failure to comply with direction under section 62A: offences
- 62C Failure to comply with direction under section 62A: seizure
- 62D Common land: modifications
- 62E Sections 62A to 62D: interpretation
- 62F Guidance
- Powers in relation to raves
- 63 Powers to remove persons attending or preparing for a rave.
- 63 Powers to remove persons attending or preparing for a rave.
- 64 Supplementary powers of entry and seizure.
- 65 Raves: power to stop persons from proceeding.
- 66 Power of court to forfeit sound equipment.
- Retention and charges for seized property
- 67 Retention and charges for seized property.
- Disruptive trespassers
- 68 Offence of aggravated trespass.
- 69 Powers to remove persons committing or participating in aggravated trespass.
- Trespassory assemblies
- 70 Trespassory assemblies.
- 71 Trespassory assemblies: power to stop persons from proceeding.
- Squatters
- 72 Violent entry to premises: special position of displaced residential occupiers and intending occupiers.
- 73 Adverse occupation of residential premises.
- 74 Protected intending occupiers: supplementary provisions.
- 75 Interim possession orders: false or misleading statements.
- 76 Interim possession orders: trespassing during currency of order.
- Powers to remove unauthorised campers
- 77 Power of local authority to direct unauthorised campers to leave land.
- 78 Orders for removal of persons and their vehicles unlawfully on land.
- 79 Provisions as to directions under s. 77 and orders under s. 78.
- 80 Repeal of certain provisions relating to gipsy sites.
- Part VI Prevention of Terrorism
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- Part VII Obscenity and Pornography and Videos
- Obscene publications and indecent photographs of children
- 84 Indecent pseudo-photographs of children.
- 85 Arrestable offences to include certain offences relating to obscenity or indecency.
- 86 Indecent photographs of children: sentence of imprisonment.
- 87 Publishing, displaying, selling or distributing etc. obscene material in Scotland: sentence of imprisonment.
- Video recordings
- 88 Video recordings: increase in penalties.
- 89 Video recordings: restriction of exemptions.
- 90 Video recordings: suitability.
- 91 Enforcement by enforcing authorities outside their areas.
- Obscene, offensive or annoying telephone calls
- 92 Obscene, offensive or annoying telephone calls: increase in penalty.
- Part VIII Prison Services and the Prison Service
- Chapter I England and Wales
- Prisoner escorts
- 93 Arrangements for the provision of prisoner escorts.
- 94 Powers and duties of prisoner custody officers acting in pursuance of such arrangements.
- 95 Breaches of discipline by prisoners under escort.
- Contracted out prisons etc.
- 96 Contracted out parts of prisons, etc.
- 97 Temporary attachment of prison officers.
- 98 Prisoners temporarily out of prison.
- Miscellaneous
- 99 Contracted out functions at directly managed prisons.
- 100 Provision of prisons by contractors.
- Supplemental
- 101 Minor and consequential amendments.
- Chapter II Scotland
- Prisoner escorts
- 102 Arrangements for the provision of prisoner escorts.
- 103 Monitoring of prisoner escort arrangements.
- 104 Powers and duties of prisoner custody officers performing escort functions.
- 105 Breaches of discipline by prisoners under escort.
- Contracted out prisons
- 106 Contracting out of prisons.
- 107 Officers of contracted out prisons.
- 108 Powers and duties of prisoner custody officers employed at contracted out prisons.
- 109 Breaches of discipline by prisoners temporarily out of contracted out prison.
- 110 Consequential modifications of 1989 Act, prison rules and directions.
- 111 Intervention by the Secretary of State.
- Contracted out functions
- 112 Contracted out functions at directly managed prisons.
- Provision of new prisons
- 113 Provision of new prisons.
- Supplemental
- 114 Prisoner custody officers: general provisions.
- 115 Wrongful disclosure of information.
- 116 Minor and consequential amendments.
- 117 Interpretation of Chapter II.
- Chapter III Northern Ireland
- Prisoner escorts
- 117A Exercise of functions by the Department of Justice
- 118 Arrangements for the provision of prisoner escorts.
- 119 Monitoring etc. of prisoner escort arrangements.
- 120 Powers and duties of prisoner custody officers acting in pursuance of such arrangements.
- 121 Breaches of discipline by prisoners under escort.
- Supplemental
- 122 Certification of custody officers.
- 123 Protection of prisoner custody officers.
- 124 Wrongful disclosure of information.
- 125 Interpretation of Chapter III.
- Chapter IV The Prison Service
- 126 Service in England and Wales and Northern Ireland.
- 127 Inducements to withhold services or to indiscipline.
- 127A Power to suspend the operation of section 127
- 128 Pay and related conditions.
- 128A Pay and related conditions: Northern Ireland
- Part IX Miscellaneous Amendments: Scotland
- 129 Transfer of persons detained by police and customs officers.
- 130 Detention and release of children: Scotland.
- 131 Conditions in licence of released prisoner: requirement for Parole Board recommendations.
- 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 133 Extension of categories of prisoner to whom Part I of Prisoners and Criminal Proceedings (Scotland) Act 1993 applies.
- 134 Amendment of provisions continued in effect for certain prisoners by Prisoners and Criminal Proceedings (Scotland) Act 1993.
- 135 Further amendment of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993: application of “new provisions”.
- Part X Cross-Border Enforcement
- 136 Execution of warrants.
- 137 Cross-border powers of arrest etc.
- 137ZA. Arrest under section 136 or 137 in connection with offence in Scotland
- 137A Additional cross-border powers of arrest etc: urgent cases
- 137B Meaning of “specified offence” for the purposes of section 137A
- 137C Detention for the purpose of re-arrest
- 137D Rights of persons arrested under section 137A
- 137E Entry and search for the purposes of arrest
- 138 Powers of arrest etc.: supplementary provisions.
- 139 Search powers available on arrests under sections 136, 137 and 137A.
- 140 Reciprocal powers of arrest.
- 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Part XI Sexual Offences
- Rape
- 142 Rape of women and men.
- Male rape and buggery
- 143 Male rape and buggery.
- Revised penalties for certain sexual offences
- 144 Revised penalties for buggery and indecency between men.
- Homosexuality
- 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 146 Extension of Sexual Offences Act 1967 to the armed forces and merchant navy.
- 147 Homosexuality on merchant ships and in the armed forces: Northern Ireland.
- 148 Amendment of law relating to homosexual acts in Scotland.
- Part XII Miscellaneous and General
- The Parole Board
- 149 Incorporation of the Parole Board.
- 150 Powers to recall prisoners released on licence.
- Prisons: powers in relation to prisoners, visitors and others
- 151 Power to test prisoners for drugs.
- 152 Powers of search by authorised employees in prisons.
- 153 Prohibited articles in Scottish prisons.
- Harassment, alarm or distress
- 154 Offence of causing intentional harassment, alarm or distress.
- Offence of racially inflammatory publication etc. to be arrestable
- 155 Offence of racially inflammatory publication etc. to be arrestable.
- Prohibition on use of cells from embryos or foetuses
- 156 Prohibition on use of cells from embryos or foetuses.
- Increase in certain penalties
- 157 Increase in penalties for certain offences.
- Extradition procedures
- 158 Extradition procedures.
- 159 Backing of warrants: Republic of Ireland.
- Constabulary powers in United Kingdom waters
- 160 Extension of powers, etc., of constables to United Kingdom waters.
- Obtaining computer-held information
- 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 162 Access to computer material by constables and other enforcement officers.
- Closed-circuit television by local authorities
- 163 Local authority powers to provide closed-circuit television.
- Serious fraud
- 164 Extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland.
- Copyright and illicit recordings: enforcement of offences
- 165 Enforcement of certain offences relating to copyright and illicit recordings.
- Ticket touts
- 166 Sale of tickets by unauthorised persons.
- 166A Supplementary provision relating to sale and disposal of tickets on internet
- Taxi touts
- 167 Touting for hire car services.
- General
- 168 Minor and consequential amendments and repeals.
- 169 Power of Secretary of State to make payments or grants in relation to crime prevention, etc.
- 170 Security costs at party conferences.
- 171 Expenses etc. under Act.
- 172 Short title, commencement and extent.
- SCHEDULE 1 Escort Arrangements: England and Wales
- Arrangements for the escort of persons detained in youth detention accommodation
- Monitoring etc. of escort arrangements
- Powers and duties of custody officers acting in pursuance of escort arrangements
- Interpretation
- SCHEDULE 2 Certification of Custody Officers: England and Wales
- Preliminary
- Issue of certificates
- Suspension of certificate
- Revocation of certificate
- False statements
- SCHEDULE 3 Bail: Supplementary Provisions
- Bail Act 1976
- Magistrates’ Courts Act 1980
- SCHEDULE 5 Magistrates’ Courts: Dealing with cases where accused pleads guilty
- Non-appearance of accused: plea of guilty
- Application of section 12 procedure where accused appears
- Consequential amendments
- SCHEDULE 6 Certification of Prisoner Custody Officers: Scotland
- Preliminary
- Issue of certificates
- Suspension of certificate
- Revocation of certificate
- False statements
- SCHEDULE 7 Certification of Prisoner Custody Officers: Northern Ireland
- Preliminary
- Issue of certificates
- Suspension of certificate
- Revocation of certificate
- False statements
- Schedule 7A Offences specified for the purposes of section 137A
- Part 1 Offences under the law of England and Wales
- Part 2 Offences under the law of Scotland
- Part 3 Offences under the law of Northern Ireland
- Schedule 7B Rights of persons arrested under section 137A: modifications
- Part 1 Arrests in respect of offences committed in England and Wales
- Part 2 Arrests in respect of offences committed in Scotland
- Part 3 Arrests in respect of offences committed in Northern Ireland
- SCHEDULE 8 Increase in Penalties
- Part I Increase of Fines for Certain Sea Fisheries Offences
- Part II Increase of Fines for Certain Misuse of Drugs Offences
- Part III Increase in Penalties for Certain Firearms Offences
- SCHEDULE 9 Minor Amendments
- Poaching: increase in penalties
- Sexual offences: procurement of women
- Electronic transmission of obscene material
- Poaching: forfeiture of vehicles
- Magistrates’ courts’ jurisdiction in cases involving children and young persons
- Service of documents by first class post
- Transfers of proceedings
- Offences aggravated by possession of firearms
- Notice of proceedings
- Treatment of mental condition of offenders placed on probation
- Rehabilitation of offenders placed on probation
- Transfers of proceedings
- Anonymity of victims of certain offences
- Execution of warrants for non-payment
- Committals for sentence
- Conditional or absolute discharge: appeal to Crown Court
- Transfers of proceedings
- Transfers of proceedings
- Transfers of proceedings
- Electronic transmission of obscene material (Scotland)
- Fines for breach of attendance centre orders or rules
- Video recordings
- Standard period of validity of search warrants
- Transfers of proceedings
- Transfers of proceedings
- Award of costs against accused
- Transfers of proceedings
- Confiscation orders in drug trafficking cases: variation of sentences
- Transfer of fraud cases
- Fraud cases: preparatory hearings
- Transfers of proceedings
- Evidence through television links
- Competence of children
- Reviews of sentencing
- Assaulting prisoner custody officer triable with indictable offence
- Confiscation orders: variation of sentence
- Extradition from the United Kingdom
- Remands and committals of young persons to secure accommodation
- Non-intimate samples: samples of hair
- Pre-sentence reports
- Curfew orders
- Fines
- False statements as to financial circumstances
- Effect of previous probation orders and discharges
- Sexual offences
- Discretionary life prisoners
- Committals for sentence
- Extradited persons: sentence of imprisonment to reflect custody
- Transfers of proceedings
- Community sentences: binding over of parent or guardian
- Confiscation orders in terrorist-related activities cases: variation of sentences
- Anonymity of victims of certain offences
- Application of 1993 Act powers to pre-commencement offences
- SCHEDULE 10 Consequential Amendments
- Bail: exclusion in homicide and rape cases
- Evidence of accused in criminal proceedings
- Evidence of accused in criminal proceedings
- Responsibility for fine for breach of requirements of secure training order
- Bail: exclusion in homicide and rape cases
- Bail: exclusion in homicide or rape cases
- Modernisation of “servant” in Prison Act
- Use of young offender institutions as secure training centres
- Young offenders absconding from secure training centres
- Bail: exclusion in homicide and rape cases
- Young offenders: application of prison rules
- Young offenders: transfer, supervision and recall within British Islands
- Payment of damages by police authority
- Cross-border enforcement: extension of protection
- Bail: exclusion in homicide and rape cases
- Young offenders: detention under secure training order
- Payment of damages by Scottish police authority
- Assaults on constables etc.
- Bail: exclusion in homicide and rape cases
- Bail: exclusion in homicide and rape cases
- Bail: exclusion in homicide and rape cases
- Bail: exclusion in homicide and rape cases
- Bail: exclusion in homicide and rape cases
- Young offenders: possession of firearms
- Cross-border enforcement: extension of protection
- Sexual offences: male rape
- Payment of damages by Police Authority for Northern Ireland
- Jury service: penalty for serving when not qualified
- Custody officers: ineligibility for jury service
- Rehabilitation of offenders subject to secure training orders
- Prisoner custody officers: ineligibility for jury service
- Bail: exclusion in homicide and rape cases
- Police bail: variation by magistrates
- Bail: no right for persons offending while on bail
- Sexual offences: male rape
- Sexual offences: male rape
- Indecent photographs etc.
- Indecent photographs etc. (Northern Ireland)
- Secure training orders: absence of accused
- Procedure for young offenders in cases of grave crimes
- Bail: exclusion in homicide and rape cases
- Bail: exclusion in homicide and rape cases
- Police bail
- Bail: exclusion in homicide or rape cases
- Prisoner custody officers: ineligibility for jury service
- Young offenders: detention in the custody of a constable and others
- Detention by constables and officers of a prison etc.: maximum period
- Bail: exclusion in homicide and rape cases
- Young offenders: legal representation
- Young offenders: early release
- Bail: exclusion in homicide and rape cases
- Video recordings
- Interim possession order: power of entry
- Bail: exclusion in homicide and rape cases
- Searches of persons detained at police stations
- Fingerprinting: speculative searches
- Intimate samples: speculative searches
- Non-intimate samples: speculative searches
- Sexual offences: male rape and buggery
- Trespassory assemblies
- Inferences from accused’s silence
- Samples: application to terrorist suspects
- Prevention of terrorism: consents for prosecutions etc.
- Young offenders: powers to search and to test for drugs
- Non-appearance of accused: plea of guilty
- Young offenders: secure training order a custodial sentence
- Bail: exclusion in homicide and rape cases
- Contracted out prisons: exclusion of search powers
- Testing prisoners for drugs: director’s function
- The Parole Board
- Bail: exclusion in homicide and rape cases
- Probation officers for offenders subject to secure training orders
- Secure training orders: cost of supervision by probation officer
- SCHEDULE 11 Repeals