Criminal Justice and Public Order Act 1994

Cited as:1994 c. 33
Jurisdiction:UK Non-devolved


Criminal Justice and Public Order Act 1994

1994 CHAPTER 33

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]

B e 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:—

I Young Offenders

Part I

Young Offenders

Secure training orders

Secure training orders

S-1 Secure training orders.

1 Secure training orders.

(1) Subject to section 8(1) of the Criminal Justice Act 1982 of the Children and Young Persons Act 1933 (sentences of custody for life and long term detention) where—

(a) a person of not less than 12 but under 15 years of age is convicted of an imprisonable offence; and

(b) the court is satisfied of the matters specified in subsection (5) below

the court may make a secure training order.

(2) A secure training order is an order that the offender in respect of whom it is made shall be subject to a period of detention in a secure training centre followed by a period of supervision.

(3) The period of detention and supervision shall be such as the court determines and specifies in the order, being not less than six months nor more than two years.

(4) The period of detention which the offender is liable to serve under a secure training order shall be one half of the total period specified by the court in making the order.

(5) The court shall not make a secure training order unless it is satisfied—

(a) that the offender was not less than 12 years of age when the offence for which he is to be dealt with by the court was committed

(b) that the offender has been convicted of three or more imprisonable offences; and

(c) that the offender, either on this or a previous occasion—

(i)has been found by a court to be in breach of a supervision order under the Children and Young Persons Act 1969, or

(ii) has been convicted of an imprisonable offence committed whilst he was subject to such a supervision order.

(6) A secure training order is a custodial sentence for the purposes of sections 1 to 4 of the Criminal Justice Act 1991 (restrictions etc. as to custodial sentences).

(7) Where a court makes a secure training order, it shall be its duty to state in open court that it is of the opinion that the conditions specified in subsection (5) above are satisfied.

(8) In this section ‘imprisonable offence’ means an offence (not being one for which the sentence is fixed by law) which is punishable with imprisonment in the case of a person aged 21 or over.

(9) For the purposes of this section, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.

(10) This section shall have effect, as from the day appointed for each of the following paragraphs, with the substitution in subsections (1) and (5)—

(a) of ‘14’ for ‘12’

(b) of ‘13’ for ‘14’

(c) of ‘12’ for ‘13’;

but no substitution may be brought into force on more than one occasion.

S-2 Secure training orders: supplementary provisions asto detention.

2 Secure training orders: supplementary provisions asto detention.

(1) The following provisions apply in relation to a person (‘the offender’) in respect of whom a secure training order (‘the order’) has been made under section 1.

(2) Where accommodation for the offender at a secure to detention training centre is not immediately available—

(a) the court may commit the offender to such place and on such conditions—

(i) as the Secretary of State may direct, or

(ii) as the Secretary of State may arrange with a person to whom this sub-paragraph applies,

and for such period (not exceeding 28 days) as the court may specify or until his transfer to a secure training centre, if earlier;

(b) if no such accommodation becomes or will become available before the expiry of the period of the committal the court may, on application, extend the period of committal (subject to the restriction referred to in paragraph (a) above); and

(c) the period of detention in the secure training centre under the order shall be reduced by the period spent by the offender in such a place.

(3) The power conferred by subsection (2)(b) above may, subject to section 1(4), be exercised from time to time and the reference in subsection (2)(b) to the expiry of the period of the committal is, in the case of the initial extension, a reference to the expiry of the period of the committal under subsection (2)(a) above and, in the case of a further extension, a reference to the expiry of the period of the previous committal by virtue of this subsection.

(4) Where the circumstances of the case require, the Secretary of State may transfer the offender from a secure training centre to such other place and on such conditions—

(a) as the Secretary of State may direct, or

(b) as the Secretary of State may arrange with a person to whom this paragraph applies;

and the period of detention in the secure training centre under the order shall be reduced by the period spent by the offender in such a place.

(5) The persons to whom subsections (2)(a)(ii) and (4)(b) apply are local authorities, voluntary organisations and persons carrying on a registered childrens' home.

(6) Where the Secretary of State is satisfied that exceptional circumstances exist which justify the offender's release on compassionate grounds he may release the offender from the secure training centre; and the offender shall, on his release, be subject to supervision for the remainder of the term of the order.

(7) A person detained in pursuance of directions or arrangements made for his detention shall be deemed to be in legal custody.

(8) In this section ‘local authority’, ‘voluntary organisation’ and ‘registered childrens' home’ have the same meaning as in the Children Act 1989 .

S-3 Supervision under secure training order.

3 Supervision under secure training order.

(1) The following provisions apply as respects the period of supervision of a person (‘the offender’) subject to a secure training order.

(2) The offender shall be under the supervision of a probation officer, a social worker of a local authority social services department or such other person as the Secretary of State may designate.

(3) The category of person to supervise the offender shall be determined from time to time by the Secretary of State.

(4) Where the supervision is to be provided by a social worker of a local authority social services department, the social worker shall be a social worker of the local authority within whose area the offender resides for the time being.

(5) Where the supervision is to be provided by a probation officer, the probation officer shall be an officer appointed for or assigned to the petty sessions area within which the offender resides for the time being.

(6) The probation committee or local authority shall be entitled to recover from the Secretary of State the expenses reasonably incurred by them in discharging their duty under this section.

(7) The offender shall be given a notice from the Secretary of State specifying—

(a) the category of person for the time being responsible for his supervision; and

(b) any requirements with which he must for the time being comply.

(8) A notice under subsection (7) above shall be given to the offender—

(a) before the commencement of the period of supervision; and

(b) before any alteration in the matters specified in subsection (7) (a) or (b) comes into effect.

(9) The Secretary of State may by statutory instrument make rules for regulating the supervision of the offender.

(10) The power to make rules under subsection (9) above includes power to make provision in the rules by the incorporation by reference of provisions contained in other documents.

(11) A statutory instrument made under subsection (9) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(12) The sums required by the Secretary of State for making payments under subsection (6) shall be defrayed out of money provided by Parliament.

S-4 Breaches of requirements of supervision of personssubject to secure training orders.

4 Breaches of requirements of supervision of personssubject to secure training orders.

(1) Where a secure training order has been made as respects an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 3(7)(b) the justice may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area or, if the information is in writing and on oath, may issue a warrant for the offender's arrest requiring him to be brought before such a court.

(2) For the purposes of this section a petty sessions area is a relevant petty sessions area in relation to a secure training...

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