Office of Public Sector Information
Section 70.
1 Offences under the following provisions of the [1968 c. 60.] Theft Act 1968 are trigger offences:
section 1 (theft)
section 8 (robbery)
section 9 (burglary)
section 10 (aggravated burglary)
section 12 (taking motor vehicle or other conveyance without authority)
section 12A (aggravated vehicle-taking)
section 15 (obtaining property by deception)
section 25 (going equipped for stealing, etc.)
2 Offences under the following provisions of the [1971 c. 38.] Misuse of Drugs Act 1971 are trigger offences, if committed in respect of a specified Class A drug:
section 4 (restriction on production and supply of controlled drugs)
section 5(2) (possession of controlled drug)
section 5(3) (possession of controlled drug with intent to supply)
Section 74.
1 (1) In the provisions of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 listed in sub-paragraph (2)—
(a) for “probation order” there is substituted “community rehabilitation order”,
(b) for “probation orders” there is substituted “community rehabilitation orders”.
(2) The provisions are—
sections 33(1)(b), 35(2) and 36(3)(a),
in section 41, subsections (3), (4), (6) to (9) and (11) and the sidenote and preceding cross-heading,
in section 42, subsections (1) to (3) and the sidenote,
section 43 and the sidenote,
section 44,
the sidenote to section 45,
sections 51(4)(a), 69(5)(b) and 79(3)(a),
in section 163, paragraph (b) of the definition of “responsible officer”,
in Schedule 2—
in paragraph 1, sub-paragraphs (1) to (3),
in paragraph 2, sub-paragraphs (1), (2) and (5),
in paragraph 3, sub-paragraphs (1) to (3), (7) and (8)(b),
in paragraph 5, sub-paragraphs (1), (2), (4) to (7) and (8)(b),
in paragraph 6, sub-paragraphs (1) to (3), (5) to (7) and (8)(b),
in Schedule 3, paragraphs 1(1)(b), 6(2)(a), 12(3) and 19(2),
in Schedule 4—
in paragraph 1, sub-paragraphs (1) (in each place), (2), (3) (in both places) and (4) and the preceding cross-heading,
in paragraph 2, sub-paragraphs (1) (in both places), (2) to (4) and the preceding cross-heading,
paragraph 5(a),
paragraph 6(4) (in both places).
2 (1) In the provisions of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 listed in sub-paragraph (2)—
(a) for “community service order” there is substituted “community punishment order”,
(b) for “community service orders” there is substituted “community punishment orders”.
(2) The provisions are—
section 33(1)(c),
in section 35, subsections (2) and (4),
section 36(3)(b),
in section 46, subsections (3), (4), (6), (8) to (11) and (13) and the sidenote and preceding cross-heading,
in section 47, subsections (1) and (3) and the sidenote,
section 48 and the sidenote,
section 49,
the sidenote to section 50,
section 51(4)(b),
in section 59, subsections (3)(b), (6) (in each place) and (8)(b) and the sidenote,
sections 69(5)(b) and 73(4)(b),
in section 163, paragraph (c) of the definition of “responsible officer”,
in Schedule 3—
paragraph 1(1)(c),
in paragraph 7, sub-paragraphs (1), (2) and (3)(a),
paragraphs 18(5) and 22(a),
in Schedule 4—
in paragraph 3, sub-paragraphs (1) (in the first, second and third places), (2) (in the first and third places) and (3) (in the first place) and the preceding cross-heading,
in paragraph 4, sub-paragraphs (1) (in both places), (2) and (3) (in the first place),
paragraph 5(b),
paragraph 6(4)(c).
3 (1) In the provisions of the Powers of Criminal Courts (Sentencing) Act 2000 listed in sub-paragraph (2)—
(a) for “combination order” there is substituted “community punishment and rehabilitation order”,
(b) for “combination orders” there is substituted “community punishment and rehabilitation orders”.
(2) The provisions are—
sections 33(1)(d), 35(2) and 36(3)(c),
in section 51, subsections (3) to (6), and the sidenote and preceding cross-heading,
sections 69(5)(b) and 73(4)(b),
in section 163, paragraph (d) of the definition of “responsible officer”,
in Schedule 3—
in paragraph 1, sub-paragraphs (1)(d) and (4)(a),
paragraphs 6(2)(a), 7(3)(b) (in both places) and 12(3),
in paragraph 18, sub-paragraphs (4) and (5),
in paragraph 19, sub-paragraphs (1) (in each place) and (2),
paragraph 22(a),
in Schedule 4—
paragraph 5 and the preceding cross-heading,
paragraph 6(4)(a).
4 (1) In the following enactments—
(a) for “a probation officer” there is substituted “an officer of a local probation board”,
(b) for “the probation officer” there is substituted “the officer of a local probation board”.
(2) The enactments are—
In the [1969 c. 54.] Children and Young Persons Act 1969—
section 23(4) (as it has effect pursuant to section 98(3) of the [1998 c. 37.] Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys)),
in section 34, subsections (2) and (3).
In the [1991 c. 25.] Criminal Procedure (Insanity and Unfitness to Plead) Act 1991—
in Schedule 2, in paragraph 3, sub-paragraphs (1)(b) and (3).
In the [1991 c. 53.] Criminal Justice Act 1991—
section 37(4A)(a),
section 43(5),
in section 65, subsections (1)(a) and (1A) (in both places),
in Schedule 3, paragraph 11(5)(b).
In the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993—
sections 12(2)(a) and 15(4).
In the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995—
sections 209(3)(a) and 234(1)(a).
In the [1997 c. 43.] Crime (Sentences) Act 1997—
section 31(2A)(a).
In the Crime and Disorder Act 1998—
sections 8(8)(a), 18(3) (in both places) and 39(5)(a).
In the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000—
in section 41, subsections (4), (5)(a), (6) and (9)(a) and (b),
in section 46, subsections (5)(a) and (b) and (11)(a) and (b),
in section 54, subsections (2) and (3),
in section 57, subsections (1) to (4),
sections 63(1)(b) and 64(2) (in both places),
in section 69, subsections (4)(a), (6)(a) and (9),
section 73(5),
in section 74, subsections (5)(a) and (6),
in section 103, subsections (3)(a) and (4) (in both places),
in section 122, subsections (2) and (5),
sections 157(1)(a) and 162(2)(a) and (b),
in Schedule 2—
paragraph 2(2)(a)(i) and (ii),
paragraph 3(2)(a) and (b).
5 In section 49(6)(c) of the Children and Young Persons Act 1933 (restrictions on reports of proceedings), for “21” there is substituted “18”.
6 In Part I of the Second Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part V, and paying authorities), for paragraphs 6 and 7 there is substituted—
| “6. Member of the staff of a local probation board or of two or more local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 | The local probation board or, as the case may be, the local probation boards acting jointly. |
| 7. Chief officer of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 | The Secretary of State.” |
7 The Prison Act 1952 is amended as follows.
8 In section 13(2) (legal custody of prisoner), for “section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “section 99 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 or section 61 of the Criminal Justice and Court Services Act 2000”.
9 In section 37(4) (closing of prisons), “remand centre” is omitted.
10 In section 43 (remand centres, detention centres and youth custody centres)—
(a) in subsection (2)—
(i) in paragraph (a), for “21” there is substituted “18” and “a remand centre or” is omitted,
(ii) paragraphs (b) and (c) are omitted,
(b) subsection (3) is omitted,
(c) in subsection (4), “remand centres” is omitted,
(d) subsection (7) is omitted.
11 In section 47 (rules for the management of prisons, remand centres, detention centres and borstal institutions)—
(a) in subsection (1) and the sidenote, “remand centres” is omitted,
(b) in subsection (5), “remand centre” is omitted.
12 The Army Act 1955 is amended as follows.
13 In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “eighteen”.
14 In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—
“(bc) order that the convicted person be disqualified from working with children”.
15 (1) In section 71A (juveniles)—
(a) in subsections (1), (1D) and (1E)(i), for “21” there is substituted “18”,
(b) subsections (1A) to (1C) are omitted,
(c) in subsection (1D), paragraph (b) and the “and” preceding it are omitted,
(d) in subsection (1E), paragraph (b) and the “or” preceding it are omitted,
(e) in subsection (3), after “murder” there is inserted “or any other offence the sentence for which is fixed by law as life imprisonment”,
(f) in subsection (4), for “an adult” (in both places) there is substituted “a person who has attained 18 years of age”,
(g) in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.
(2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.
16 In section 71AA (young service offenders: custodial orders)—
(a) in subsection (1)—
(i) for “twenty-one” (in both places) there is substituted “eighteen”,
(ii) for paragraph (a) there is substituted—
“(a) shall be not less than the period of two months; and”,
(b) in subsection (1AA), “aged 17” is omitted,
(c) in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “such secure accommodation (within the meaning of section 107 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose”,
(d) in subsection (6A), for “detention in a young offender institution” there is substituted “imprisonment”.
17 In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.
18 (1) Schedule 5A (powers of court on trial of civilian) is amended as follows.
(2) In paragraph 10—
(a) in sub-paragraph (1)—
(i) for “under 21” there is substituted “under 18” and for “age of 21” there is substituted “age of 18”,
(ii) for paragraph (a) there is substituted—
“(a) shall not be less than the period of two months;”,
(b) in sub-paragraph (1A), “under 18 years of age” is omitted,
(c) in sub-paragraph (1AA)(a), for “21” there is substituted “18”,
(d) in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “such secure accommodation (within the meaning of section 107 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose”,
(e) in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “imprisonment”.
(3) In paragraph 15—
(a) in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “18”,
(b) in the table—
(i) in the heading to the first column, for “21” there is substituted “18”,
(ii) for the heading to the second column there is substituted “Offender aged 17 but under 18”,
(iii) in the second column, “Custody for life” is omitted,
(c) in the note following the table—
(i) in sub-paragraph (a), after “murder” there is inserted “or any other offence the sentence for which is fixed by law as life imprisonment”,
(ii) in sub-paragraph (i), for “custody for life” there is substituted “a custodial order”.
(4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.
19 The Air Force Act 1955 is amended as follows.
20 In section 57(2A) (offences in relation to courts-martial), for “twenty-one” there is substituted “eighteen”.
21 In section 71(1) (punishments which may be awarded by sentence of a court-martial), after paragraph (bb) there is inserted—
“(bc) order that the convicted person be disqualified from working with children”.
22 (1) In section 71A (juveniles)—
(a) in subsections (1), (1D) and (1E)(i), for “21” there is substituted “18”,
(b) subsections (1A) to (1C) are omitted,
(c) in subsection (1D), paragraph (b) and the “and” preceding it are omitted,
(d) in subsection (1E), paragraph (b) and the “or” preceding it are omitted,
(e) in subsection (3), after “murder” there is inserted “or any other offence the sentence for which is fixed by law as life imprisonment”,
(f) in subsection (4), for “an adult” (in both places) there is substituted “a person who has attained 18 years of age”,
(g) in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.
(2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.
23 In section 71AA (young service offenders: custodial orders)—
(a) in subsection (1)—
(i) for “twenty-one” (in both places) there is substituted “eighteen”,
(ii) for paragraph (a) there is substituted—
“(a) shall be not less than the period of two months; and”,
(b) in subsection (1AA), “aged 17” is omitted,
(c) in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “such secure accommodation (within the meaning of section 107 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose”,
(d) in subsection (6A), for “detention in a young offender institution” there is substituted “imprisonment”.
24 In section 71AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.
25 (1) Schedule 5A (powers of court on trial of civilian) is amended as follows.
(2) In paragraph 10—
(a) in sub-paragraph (1)—
(i) for “under 21” there is substituted “under 18” and for “age of 21” there is substituted “age of 18”,
(ii) for paragraph (a) there is substituted—
“(a) shall not be less than the period of two months;”,
(b) in sub-paragraph (1A), “under 18 years of age” is omitted,
(c) in sub-paragraph (1AA)(a), for “21” there is substituted “18”,
(d) in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose”,
(e) in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “imprisonment”.
(3) In paragraph 15—
(a) in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “18”,
(b) in the table—
(i) in the heading to the first column, for “21” there is substituted “18”,
(ii) for the heading to the second column there is substituted “Offender aged 17 but under 18”,
(iii) in the second column, “Custody for life” is omitted,
(c) in the note following the table—
(i) in sub-paragraph (a), after “murder” there is inserted “or any other offence the sentence for which is fixed by law as life imprisonment”,
(ii) in sub-paragraph (i), for “custody for life” there is substituted “a custodial order”.
(4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.
26 The Naval Discipline Act 1957 is amended as follows.
27 In section 38(3A) (offences in relation to courts-martial), for “twenty-one” there is substituted “eighteen”.
28 In section 43(1) (punishments which may be awarded to persons convicted of offences under Part I of that Act), after paragraph (bb) there is inserted—
“(bc) order that the convicted person be disqualified from working with children”.
29 (1) In section 43A (juveniles)—
(a) in subsections (1), (1D) and (1E)(i), for “21” there is substituted “18”,
(b) subsections (1A) to (1C) are omitted,
(c) in subsection (1D), paragraph (b) and the “and” preceding it are omitted,
(d) in subsection (1E), paragraph (b) and the “or” preceding it are omitted,
(e) in subsection (3), after “murder” there is inserted “or any other offence the sentence for which is fixed by law as life imprisonment”,
(f) in subsection (4), for “an adult” (in both places) there is substituted “a person who has attained 18 years of age”,
(g) in subsection (5), “custody for life or” and “and to a sentence of custody for life” are omitted.
(2) Sub-paragraph (1)(e) has effect in relation to sentences passed after the coming into force of section 60.
30 In section 43AA (young service offenders: custodial orders)—
(a) in subsection (1)—
(i) for “twenty-one” (in both places) there is substituted “eighteen”,
(ii) for paragraph (a) there is substituted—
“(a) shall be not less than the period of two months; and”,
(b) in subsection (1AA), “aged 17” is omitted,
(c) in paragraph (a) of subsection (6), for the words from “any institution” to the end of the paragraph there is substituted “such secure accommodation (within the meaning of section 107 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose”,
(d) in subsection (6A), for “detention in a young offender institution” there is substituted “imprisonment”.
31 In section 43AB(1) (reasons to be given where custodial sentence awarded to young offender), paragraph (b) and the “or” preceding it are omitted.
32 (1) Schedule 4A (powers of court on trial of civilian) is amended as follows.
(2) In paragraph 10—
(a) in sub-paragraph (1)—
(i) for “under 21” there is substituted “under 18” and for “age of 21” there is substituted “age of 18”,
(ii) for paragraph (a) there is substituted—
“(a) shall not be less than the period of two months; and”,
(b) in sub-paragraph (1A), “under 18 years of age” is omitted,
(c) in sub-paragraph (1AA)(a), for “21” there is substituted “18”,
(d) in paragraph (a) of sub-paragraph (6), for the words from “any institution” to the end of the paragraph there is substituted “such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose”,
(e) in sub-paragraph (6A), for “detention in a young offender institution” there is substituted “imprisonment”.
(3) In paragraph 15—
(a) in sub-paragraph (3), in paragraphs (a) and (b), for “21” there is substituted “18”,
(b) in the table—
(i) in the heading to the first column, for “21” there is substituted “18”,
(ii) for the heading to the second column there is substituted “Offender aged 17 but under 18”,
(iii) in the second column, “Custody for life” is omitted,
(c) in the note following the table—
(i) in sub-paragraph (a), after “murder” there is inserted “or any other offence the sentence for which is fixed by law as life imprisonment”,
(ii) in sub-paragraph (i), for “custody for life” there is substituted “a custodial order”.
(4) Sub-paragraph (3)(c)(i) has effect in relation to sentences passed after the coming into force of section 60.
33 In section 23(4) of the Criminal Justice Act 1961 (prison rules), for “secure training centres and remand centres” there is substituted “and secure training centres”.
34 The Criminal Justice Act 1967 is amended as follows.
35 In section 34 (committal of persons under twenty-one accused of extradition crimes etc.), for “twenty-one” there is substituted “eighteen”.
36 In section 67(6) (computation of sentences of imprisonment passed in England and Wales), “to a remand centre or” is omitted.
37 In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)—
(a) at the appropriate place there is inserted—
““community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000”,
(b) for the definition of “probation order” there is substituted—
““probation order”—
(a) in relation to an order imposed by a court in England or Wales, means a community rehabilitation order,
(b) in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996,”.
38 The Children and Young Persons Act 1969 is amended as follows.
39 In section 23 (remands and committals to local authority accommodation) as it has effect pursuant to section 98(2) of the [1998 c. 37.] Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys)—
(a) in subsections (1) and (5A), “a remand centre or” is omitted,
(b) in subsection (4)—
(i) at the end of paragraph (a) there is inserted “or”,
(ii) paragraph (b) is omitted,
(iii) for paragraph (c) there is substituted—
“(c) if paragraph (a) above does not apply, it shall remand him to a prison.”
(c) in subsection (5), “remand centre or” is omitted.
40 In section 34(3) (transitional modifications of Part I), for “probation committee” there is substituted “local probation board”.
41 In section 46(1) (discontinuance of approved schools etc.), “within the meaning of the [1993 c. 47.] Probation Service Act 1993” is omitted.
Criminal Justice and Courts Services Act 2000