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Criminal Justice and Public Order Act 1994

1994 CHAPTER 33

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Young Offenders

    1. Secure training orders

      1. 1. Secure training orders.

      2. 2. Secure training orders: supplementary provisions as to detention.

      3. 3. Supervision under secure training order.

      4. 4. Breaches of requirements of supervision of persons subject to secure training orders.

      5. 5. Provision etc. of secure training centres.

      6. 6. Management of secure training centres.

      7. 7. Contracting out of secure training centres.

      8. 8. Officers of contracted out secure training centres.

      9. 9. Powers and duties of custody officers employed at contracted out secure training centres.

      10. 10. Intervention by Secretary of State in management of contracted out secure training centres.

      11. 11. Contracted out functions at directly managed secure training centres.

      12. 12. Escort arrangements and officers.

      13. 13. Protection of custody officers at secure training centres.

      14. 14. Wrongful disclosure of information relating to offenders detained at secure training centres.

      15. 15. Interpretation of sections 7 to 14.

    2. Custodial sentences for young offenders

      1. 16. Long term detention of young offenders.

      2. 17. Maximum length of detention for young offenders.

      3. 18. Accommodation of young offenders sentenced to custody for life.

    3. Secure accommodation for certain young persons

      1. 19. Extension of kinds of secure accommodation.

      2. 20. Secure remands for young offenders.

      3. 21. Cost of secure accommodation.

      4. 22. Management of secure accommodation.

    4. Arrest of young persons in breach of conditions of remand

      1. 23. Liability of young persons to arrest for breaking conditions of remand.

    5. Police detention of young persons

      1. 24. Detention of arrested juveniles after charge.

  2. Part II

    Bail

    1. 25. No bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences.

    2. 26. No right to bail for persons accused or convicted of committing offence while on bail.

    3. 27. Power for police to grant conditional bail to persons charged.

    4. 28. Police detention after charge.

    5. 29. Power for police to arrest for failure to answer to police bail.

    6. 30. Reconsideration of decisions granting bail.

  3. Part III

    Course of Justice: Evidence, Procedure, Etc.

    1. Imputations on character

      1. 31. Imputations on character.

    2. Corroboration

      1. 32. Abolition of corroboration rules.

      2. 33. Abolition of corroboration requirements under Sexual Offences Act 1956.

    3. Inferences from accused’s silence

      1. 34. Effect of accused’s failure to mention facts when questioned or charged.

      2. 35. Effect of accused’s silence at trial.

      3. 36. Effect of accused’s failure or refusal to account for objects, substances or marks.

      4. 37. Effect of accused’s failure or refusal to account for presence at a particular place.

      5. 38. Interpretation and savings for sections 34, 35, 36 and 37.

      6. 39. Power to apply sections 34 to 38 to armed forces.

    4. Juries

      1. 40. Disqualification for jury service of persons on bail in criminal proceedings.

      2. 41. Jury service: disabled persons.

      3. 42. Jury service: excusal on religious grounds.

      4. 43. Separation of jury during consideration of verdict.

    5. Procedure, jurisdiction and powers of magistrates' courts

      1. 44. Transfer for trial instead of committal proceedings.

      2. 45. Extension of procedures enabling magistrates' courts to deal with cases in which accused pleads guilty.

      3. 46. Criminal damage, etc. as summary offence: relevant sum.

      4. 47. Recovery of fines, etc. by deduction from income support.

    6. Sentencing: guilty pleas

      1. 48. Reduction in sentences for guilty pleas.

    7. Publication of reports in young offender cases

      1. 49. Restrictions on reports of proceedings in which children or young persons are concerned.

    8. Child testimony

      1. 50. Video recordings of testimony from child witnesses.

    9. Intimidation, etc., of witnesses, jurors and others

      1. 51. Intimidation, etc., of witnesses, jurors and others.

    10. Criminal appeals

      1. 52. Circuit judges to act as judges of criminal division of Court of Appeal.

      2. 53. Expenses in criminal appeals in Northern Ireland Court of Appeal.

  4. Part IV

    Police Powers

    1. Powers of police to take body samples

      1. 54. Powers of police to take intimate body samples.

      2. 55. Powers of police to take non-intimate body samples.

      3. 56. Fingerprints and samples: supplementary provisions.

      4. 57. Retention of samples in certain cases.

      5. 58. Samples: intimate and non-intimate etc.

      6. 59. Extension of powers to search persons' mouths.

    2. Powers of police to stop and search

      1. 60. Powers to stop and search in anticipation of violence.

  5. Part V

    Public Order: Collective Trespass or Nuisance on Land

    1. Powers to remove trespassers on land

      1. 61. Power to remove trespassers on land.

      2. 62. Supplementary powers of seizure.

    2. Powers in relation to raves

      1. 63. Powers to remove persons attending or preparing for a rave.

      2. 64. Supplementary powers of entry and seizure.

      3. 65. Raves: power to stop persons from proceeding.

      4. 66. Power of court to forfeit sound equipment.

    3. Retention and charges for seized property

      1. 67. Retention and charges for seized property.

    4. Disruptive trespassers

      1. 68. Offence of aggravated trespass.

      2. 69. Powers to remove persons committing or participating in aggravated trespass.

    5. Trespassory assemblies

      1. 70. Trespassory assemblies.

      2. 71. Trespassory assemblies: power to stop persons from proceeding.

    6. Squatters

      1. 72. Violent entry to premises: special position of displaced residential occupiers and intending occupiers.

      2. 73. Adverse occupation of residential premises.

      3. 74. Protected intending occupiers: supplementary provisions.

      4. 75. Interim possession orders: false or misleading statements.

      5. 76. Interim possession orders: trespassing during currency of order.

    7. Powers to remove unauthorised campers

      1. 77. Power of local authority to direct unauthorised campers to leave land.

      2. 78. Orders for removal of persons and their vehicles unlawfully on land.

      3. 79. Provisions as to directions under s. 77 and orders under s. 78.

      4. 80. Repeal of certain provisions relating to gipsy sites.

  6. Part VI

    Prevention of Terrorism

    1. 81. Powers to stop and search vehicles, etc. and persons.

    2. 82. Offences relating to terrorism.

    3. 83. Investigations into activities and financial resources of terrorist organisations.

  7. Part VII

    Obscenity and Pornography and Videos

    1. Obscene publications and indecent photographs of children

      1. 84. Indecent pseudo-photographs of children.

      2. 85. Arrestable offences to include certain offences relating to obscenity or indecency.

      3. 86. Indecent photographs of children: sentence of imprisonment.

      4. 87. Publishing, displaying, selling or distributing etc. obscene material in Scotland: sentence of imprisonment.

    2. Video recordings

      1. 88. Video recordings: increase in penalties.

      2. 89. Video recordings: restriction of exemptions.

      3. 90. Video recordings: suitability.

      4. 91. Enforcement by enforcing authorities outside their areas.

    3. Obscene, offensive or annoying telephone calls

      1. 92. Obscene, offensive or annoying telephone calls: increase in penalty.

  8. Part VIII

    Prison Services and the Prison Service

    1. Chapter I

      England and Wales

      1. Prisoner escorts

        1. 93. Arrangements for the provision of prisoner escorts.

        2. 94. Powers and duties of prisoner custody officers acting in pursuance of such arrangements.

        3. 95. Breaches of discipline by prisoners under escort.

      2. Contracted out prisons etc.

        1. 96. Contracted out parts of prisons, etc.

        2. 97. Temporary attachment of prison officers.

        3. 98. Prisoners temporarily out of prison.

      3. Miscellaneous

        1. 99. Contracted out functions at directly managed prisons.

        2. 100. Provision of prisons by contractors.

      4. Supplemental

        1. 101. Minor and consequential amendments.

    2. Chapter II

      Scotland

      1. Prisoner escorts

        1. 102. Arrangements for the provision of prisoner escorts.

        2. 103. Monitoring of prisoner escort arrangements.

        3. 104. Powers and duties of prisoner custody officers performing escort functions.

        4. 105. Breaches of discipline by prisoners under escort.

      2. Contracted out prisons

        1. 106. Contracting out of prisons.

        2. 107. Officers of contracted out prisons.

        3. 108. Powers and duties of prisoner custody officers employed at contracted out prisons.

        4. 109. Breaches of discipline by prisoners temporarily out of contracted out prison.

        5. 110. Consequential modifications of 1989 Act, prison rules and directions.

        6. 111. Intervention by the Secretary of State.

      3. Contracted out functions

        1. 112. Contracted out functions at directly managed prisons.

      4. Provision of new prisons

        1. 113. Provision of new prisons.

      5. Supplemental

        1. 114. Prisoner custody officers: general provisions.

        2. 115. Wrongful disclosure of information.

        3. 116. Minor and consequential amendments.

        4. 117. Interpretation of Chapter II.

    3. Chapter III

      Northern Ireland

      1. Prisoner escorts

        1. 118. Arrangements for the provision of prisoner escorts.

        2. 119. Monitoring etc. of prisoner escort arrangements.

        3. 120. Powers and duties of prisoner custody officers acting in pursuance of such arrangements.

        4. 121. Breaches of discipline by prisoners under escort.

      2. Supplemental

        1. 122. Certification of custody officers.

        2. 123. Protection of prisoner custody officers.

        3. 124. Wrongful disclosure of information.

        4. 125. Interpretation of Chapter III.

    4. Chapter IV

      The Prison Service

      1. 126. Service in England and Wales and Northern Ireland.

      2. 127. Inducements to withhold services or to indiscipline.

      3. 128. Pay and related conditions.

  9. Part IX

    Miscellaneous Amendments: Scotland

    1. 129. Transfer of persons detained by police and customs officers.

    2. 130. Detention and release of children: Scotland.

    3. 131. Conditions in licence of released prisoner: requirement for Parole Board recommendations.

    4. 132. Provision for standard requirements in supervised release orders in Scotland.

    5. 133. Extension of categories of prisoner to whom Part I of Prisoners and Criminal Proceedings (Scotland) Act 1993 applies.

    6. 134. Amendment of provisions continued in effect for certain prisoners by Prisoners and Criminal Proceedings (Scotland) Act 1993.

    7. 135. Further amendment of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993: application of “new provisions”.

  10. Part X

    Cross-Border Enforcement

    1. 136. Execution of warrants.

    2. 137. Cross-border powers of arrest etc.

    3. 138. Powers of arrest etc.: supplementary provisions.

    4. 139. Search powers available on arrests under sections 136 and 137.

    5. 140. Reciprocal powers of arrest.

    6. 141. Aid of one police force by another.

  11. Part XI

    Sexual Offences

    1. Rape

      1. 142. Rape of women and men.

    2. Male rape and buggery

      1. 143. Male rape and buggery.

    3. Revised penalties for certain sexual offences

      1. 144. Revised penalties for buggery and indecency between men.

    4. Homosexuality

      1. 145. Age at which homosexual acts are lawful.

      2. 146. Extension of Sexual Offences Act 1967 to the armed forces and merchant navy.

      3. 147. Homosexuality on merchant ships and in the armed forces: Northern Ireland.

      4. 148. Amendment of law relating to homosexual acts in Scotland.

  12. Part XII

    Miscellaneous and General

    1. The Parole Board

      1. 149. Incorporation of the Parole Board.

      2. 150. Powers to recall prisoners released on licence.

    2. Prisons: powers in relation to prisoners, visitors and others

      1. 151. Powers to test prisoners for drugs.

      2. 152. Powers of search by authorised employees in prisons.

      3. 153. Prohibited articles in Scottish prisons.

    3. Harassment, alarm or distress

      1. 154. Offence of causing intentional harassment, alarm or distress.

    4. Offence of racially inflammatory publication etc. to be arrestable

      1. 155. Offence of racially inflammatory publication etc. to be arrestable.

    5. Prohibition on use of cells from embryos or foetuses

      1. 156. Prohibition on use of cells from embryos or foetuses.

    6. Increase in certain penalties

      1. 157. Increase in penalties for certain offences.

    7. Extradition procedures

      1. 158. Extradition procedures.

      2. 159. Backing of warrants: Republic of Ireland.

    8. Constabulary powers in United Kingdom waters

      1. 160. Extension of powers, etc., of constables to United Kingdom waters.

    9. Obtaining computer-held information

      1. 161. Procuring disclosure of, and selling, computer-held personal information.

      2. 162. Access to computer material by constables and other enforcement officers.

    10. Closed-circuit television by local authorities

      1. 163. Local authority powers to provide closed-circuit television.

    11. Serious fraud

      1. 164. Extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland.

    12. Copyright and illicit recordings: enforcement of offences

      1. 165. Enforcement of certain offences relating to copyright and illicit recordings.

    13. Ticket touts

      1. 166. Sale of tickets by unauthorised persons.

    14. Taxi touts

      1. 167. Touting for hire car services.

    15. General

      1. 168. Minor and consequential amendments and repeals.

      2. 169. Power of Secretary of State to make payments or grants in relation to crime prevention, etc.

      3. 170. Security costs at party conferences.

      4. 171. Expenses etc. under Act.

      5. 172. Short title, commencement and extent.

    1. Schedule 1

      Escort Arrangements: England and Wales.

    2. Schedule 2

      Certification of Custody Officers: England and Wales.

    3. Schedule 3

      Bail: Supplementary Provisions.

    4. Schedule 4

      Transfer for Trial.

    5. Schedule 5

      Magistrates' Courts: Dealing with cases where accused pleads guilty.

    6. Schedule 6

      Certification of Prisoner Custody Officers: Scotland.

    7. Schedule 7

      Certification of Prisoner Custody Officers: Northern Ireland.

    8. Schedule 8

      Increase in Penalties.

    9. Schedule 9

      Minor Amendments.

    10. Schedule 10

      Consequential Amendments.

    11. Schedule 11

      Repeals.

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]

Be 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:—

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