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CRIMINAL JUSTICE AND COURTS ACT 2015

UK Public General Acts

Version 28/02/2017

2015 CHAPTER 2

Default Geographical Extent: E+W+S+N.I.


  • PART 1. Criminal Justice
    • Dangerous offenders
    • Other offenders of particular concern
    • Release and recall of prisoners
    • Prisons
    • Cautions etc
    • Offences involving ill-treatment or wilful neglect (E+W)
    • Offences involving police or prison officers
    • Repeat offences involving offensive weapons etc
    • Driving offences
    • Offences involving intent to cause distress etc
    • Offences involving sexual grooming or pornographic images
  • PART 2. Young offenders
    • Detention of young offenders
    • Other matters
  • PART 3. Courts and tribunals
    • Trial by single justice on the papers
    • Time limit for bringing certain criminal proceedings
    • Committal to Crown Court
    • Costs of criminal courts
    • Collection of fines etc
    • Civil proceedings relating to personal injury (E+W)
    • Appeals in civil proceedings
    • Costs in civil proceedings
    • Juries and members of the Court Martial
    • Reporting restrictions
    • Other matters
  • PART 4. Judicial review
    • Judicial review in the High Court and Upper Tribunal
    • Planning proceedings
  • PART 5. Final provisions
  • Version 28/02/2017
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  • Version 12/02/2015

Introductory Text

Criminal Justice and Courts Act 2015

2015 CHAPTER 2

An Act to make provision about how offenders are dealt with before and after conviction; to create offences involving ill-treatment or wilful neglect by a person providing health care or social care; to create an offence of the corrupt or other improper exercise of police powers and privileges; to make provision about offences committed by disqualified drivers; to create an offence of disclosing private sexual photographs or films with intent to cause distress; to amend the offence of meeting a child following sexual grooming; to amend the offence of possession of extreme pornographic images; to make provision about the proceedings and powers of courts and tribunals; to make provision about judicial review; and for connected purposes.

[12th February 2015]

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:—

PART 1
Criminal Justice



Dangerous offenders


1 Maximum sentence for certain offences to be life imprisonment

(1) In section 4 of the Explosive Substances Act 1883 (making or possession of explosive under suspicious circumstances) —

(a) in subsection (1) , for the words from “guilty” to the end substitute “ guilty of an offence ”, and
(b) after that subsection insert—
“(1A) A person who is guilty of an offence under subsection (1) is liable, on conviction on indictment, to imprisonment for life.
(1B) Where a person is convicted of an offence under subsection (1) the explosive substance is to be forfeited.”
(2) In section 54(6) (a) of the Terrorism Act 2000 (penalty on conviction on indictment of offence involving weapons training for terrorism) , for “imprisonment for a term not exceeding ten years” substitute “ imprisonment for life ”.

(3) In section 6(5) (a) of the Terrorism Act 2006 (penalty on conviction on indictment of offence involving training for terrorism) , for “imprisonment for a term not exceeding 10 years” substitute “ imprisonment for life ”.

(4) The amendments made by this section apply only in relation to an offence committed on or after the day on which they come into force.

(5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (4) to have been committed on the last of those days.

Annotations:

Commencement Information

I1 S. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 1


2 Specified offences

(1) Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of Chapter 5 of Part 12 of that Act) is amended as follows.

(2) After paragraph 22 (offence under section 3 of the Explosive Substances Act 1883) insert—
“22A An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances).”
(3) For paragraph 64 (accessories and inchoate offences: violent offences) substitute—
“64 (1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Part of this Schedule.
(2) An attempt to commit such an offence.
(3) Conspiracy to commit such an offence.
(4) Incitement to commit such an offence.
(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding paragraphs of this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.”
(4) For paragraph 65 (attempt or conspiracy to commit murder) substitute—
“65 (1) An attempt to commit murder.
(2) Conspiracy to commit murder.
(3) Incitement to commit murder.
(4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed.”
(5) Omit paragraph 92 (offence of keeping a brothel under section 33 of the Sexual Offences Act 1956).

(6) After that paragraph insert—
“92A An offence under section 33A of that Act (keeping a brothel used for prostitution).”
(7) For paragraph 153 (accessories and inchoate offences: sexual offences) substitute—
“153 (1) Aiding, abetting, counselling or procuring the commission of an offence specified in this Part of this Schedule.
(2) An attempt to commit such an offence.
(3) Conspiracy to commit such an offence.
(4) Incitement to commit such an offence.
(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.”
(8) The amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.

(9) But subsection (8) does not apply for the purposes of the provisions referred to in subsection (10).

(10) For the purposes of sections 225(1) (a) and 226(1) (a) of the Criminal Justice Act 2003 and sections 219(1) (b) and 221(1) (b) of the Armed Forces Act 2006, the amendments made by subsections (2) and (4) apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.

(11) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (10) to have been committed on the last of those days.

Annotations:

Commencement Information

I2 S. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 2


3 Schedule 15B offences

(1) Part 1 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law of England and Wales listed for the purposes of sections 224A(1) and (4) , 226A and 246A of that Act) is amended as follows.

(2) After paragraph 3 (offence under section 18 of the Offences Against the Person Act 1861) insert—
“3A An offence under section 28 of that Act (causing bodily injury by explosives).
3B An offence under section 29 of that Act (using explosives etc with intent to do grievous bodily harm).
3C An offence under section 2 of the Explosive Substances Act 1883 (causing explosion likely to endanger life or property).
3D An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
3E An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances).”
(3) After paragraph 8 insert—
“8A An offence under section 54 of the Terrorism Act 2000 (weapons training).”
(4) In paragraph 9, for “the Terrorism Act 2000” substitute “ that Act ”.

(5) After paragraph 40 (offence under section 5 of the Terrorism Act 2006) insert—
“40A An offence under section 6 of that Act (training for terrorism).”
(6) Part 4 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom listed for the purposes of sections 224A(4) and 226A of that Act) is amended as follows.

(7) In paragraph 49, for “An offence” substitute “ A civilian offence ”.

(8) After paragraph 49 insert—
“49A A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.
49B In this Part of this Schedule— “ civilian offence ” means an offence other than an offence described in Part 3 of this Schedule or a member State service offence; “ member State service offence ” means an offence which was the subject of proceedings under the law of a member State, other than the United Kingdom, governing all or any of the naval, military or air forces of that State.”
(9) For the purposes of section 224A of the Criminal Justice Act 2003 and section 218A of the Armed Forces Act 2006, the amendments made by this section apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.

(10) For the purposes of section 226A of the Criminal Justice Act 2003 and section 219A of the Armed Forces Act 2006, the amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.

(11) For the purposes of section 246A of the Criminal Justice Act 2003, the amendments made by subsections (2) to (5) apply in relation to a person serving an extended sentence imposed on or after the day on which they come into force, whenever the offence in question was committed.

(12) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (9) to have been committed on the last of those days.

Annotations:

Commencement Information

I3 S. 3 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 3


4 Parole Board release when serving extended sentences

(1) Section 246A of the Criminal Justice Act 2003 (release on licence of prisoners serving extended sentences under section 226A or 226B) is amended as follows.

(2) In subsection (2) (automatic release at the end of requisite custodial period) , for the words from “unless” to the end substitute “if—

(a) the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015,
(b) the appropriate custodial term is less than 10 years, and
(c) the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.”
(3) In subsection (3) (release following Parole Board direction) , for “If either or both of those conditions are met” substitute “ In any other case ”.

Annotations:

Commencement Information

I4 S. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 4


5 Minor amendments

(1) In section 224A of the Criminal Justice Act 2003 (life sentence for second listed offence) , at the end insert—

“(12) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1) (b) and (4) (a) to have been committed on the last of those days.”
(2) In section 232A of that Act (certificates of conviction) , for “section 224A” substitute “ sections 224A and 226A ”.

(3) In section 218A of the Armed Forces Act 2006 (life sentence for second listed offence) , at the end insert—

“(8) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1) (c) and (5) (a) to have been committed on the last of those days.”
Annotations:

Commencement Information

I5 S. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 5


Other offenders of particular concern


6 Sentence and Parole Board release for offenders of particular concern

(1) Part 1 of Schedule 1 contains—

(a) provision about the sentence to be imposed on certain offenders of particular concern, and
(b) provision for such offenders to be released on licence following a Parole Board direction.
(2) That Schedule also contains—

(a) equivalent provision in respect of offenders convicted of service offences (see Part 2) ,
(b) transitional and transitory provision (see Part 3) , and
(c) consequential provision (see Part 4).
Annotations:

Commencement Information

I6 S. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 6


Release and recall of prisoners


7 Electronic monitoring following release on licence etc

(1) Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with offenders) is amended as follows.

(2) In section 62 (release on licence etc: conditions as to monitoring) —

(a) for subsection (2) substitute—
“(2) The conditions may include electronic monitoring conditions.
(2A) An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring.
(2B) A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.”, and
(b) after subsection (5) insert—
“(5A) In this section “ electronic monitoring condition ” means a condition requiring the person to submit to either or both of the following—
(a) electronic monitoring of the person's compliance with another condition of release, and
(b) electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).”
(3) After section 62 insert—

“62A Release on licence etc: compulsory electronic monitoring conditions
(1) The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.
(2) An order under this section may—
(a) require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;
(b) make provision generally or in relation to a case described in the order.
(3) An order under this section may, in particular—
(a) make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;
(b) make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;
(c) make provision by reference to whether a person specified in the order is satisfied of a matter.
(4) An order under this section may not make provision about a case in which the sentence imposed on the person is—
(a) a detention and training order,
(b) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of offenders under 18 convicted of certain offences) ,
(c) a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences) , or
(d) an order under section 211 of that Act.
(5) In this section, “ electronic monitoring condition ” has the same meaning as in section 62.
62B Data from electronic monitoring: code of practice
(1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62.
(2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.”
(4) Schedule 2 to this Act contains consequential provision.

(5) The amendments made by this section and Schedule 2 apply in relation to a person who is released from prison on or after the day on which they come into force.

Annotations:

Commencement Information

I7 S. 7 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 7


8 Recall adjudicators (PROSPECTIVE)

(1) After section 239 of the Criminal Justice Act 2003 insert—

“239A Recall adjudicators
(1) In this Chapter, “ recall adjudicator ” means a person for the time being appointed as such by the Secretary of State.
(2) The Secretary of State may appoint the Board or another person.
(3) The Secretary of State may, in particular, appoint a person—
(a) to carry out all or only some of the functions of a recall adjudicator;
(b) to carry out such functions only in relation to a specified area;
(c) to carry out such functions only in relation to a specified description of case.
(4) The Secretary of State may make rules with respect to the proceedings of recall adjudicators.
(5) The Secretary of State may appoint a recall adjudicator (referred to in this section as “ the chief recall adjudicator ”) to oversee the activities of recall adjudicators.
(6) The chief recall adjudicator may, in particular—
(a) issue guidance with respect to the carrying out of the functions of recall adjudicators, and
(b) make recommendations to the Secretary of State about the termination of appointments under this section.
(7) Before issuing guidance the chief recall adjudicator must consult the recall adjudicators and the Secretary of State.
(8) A recall adjudicator must carry out his or her functions in accordance with guidance issued from time to time by the chief recall adjudicator.
(9) The Secretary of State may make payments to a recall adjudicator.
(10) A person is not to be regarded as acting on behalf of the Crown, or as enjoying any status, immunity or privilege of the Crown, by virtue of an appointment under this section.”
(2) The amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) in section 9 of this Act confer functions on recall adjudicators in connection with the release of fixed-term prisoners following their recall.

(3) Schedule 3 to this Act contains further provision relating to recall adjudicators.

9 Test for release after recall: determinate sentences (PROSPECTIVE)

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) is amended as follows.

(2) In section 255A (suitability for automatic release after recall) , after subsection (4) insert—

“(4A) But a person is not suitable for automatic release if—
(a) it appears to the Secretary of State that the person is highly likely to breach a condition included in the person's licence if released at the end of the automatic release period, and
(b) for that reason, the Secretary of State considers that it would not be appropriate to release the person at the end of that period.”
(3) In section 255B (automatic release) —

(a) in subsection (2) , at the end insert “ (but see subsections (3) and (3A) ) ”,
(b) after subsection (3) , insert—
“(3A) The Secretary of State must not release P under subsection (2) if—
(a) it appears to the Secretary of State that, if released, P is highly likely to breach a condition included in P's licence, and
(b) for that reason, the Secretary of State considers that it is not appropriate to release P under that subsection.”,
(c) in subsection (4) —
(i) for “that period” substitute “ the period mentioned in subsection (1) (b) ”, and
(ii) for “the Board” substitute “ a recall adjudicator ”,
(d) after subsection (4) insert—
“(4A) On a reference under subsection (4) , the recall adjudicator must determine the reference by—
(a) directing P's immediate release on licence under this Chapter,
(b) directing P's release on licence under this Chapter as soon as conditions specified in the direction are met, or
(c) giving no direction as to P's release,
(but see subsections (4B) and (4C) ).
(4B) The recall adjudicator must not give a direction under subsection (4A) (a) or (b) unless satisfied that it is not necessary for the protection of the public that P should remain in prison until the end of the period mentioned in subsection (1) (b).
(4C) The recall adjudicator must not give a direction under subsection (4A) (a) or (b) if—
(a) it appears to the recall adjudicator that, if released, P is highly likely to breach a condition included in P's licence, and
(b) for that reason, the recall adjudicator considers that it is not appropriate to give the direction.”, and
(e) for subsection (5) substitute—
“(5) The Secretary of State must give effect to any direction under subsection (4A) (a) or (b).”
(4) In section 255C (extended sentence prisoners and those not suitable for automatic release) —

(a) in subsection (2) , at the end insert “ (but see subsections (3) and (3A) ) ”,
(b) after subsection (3) , insert—
“(3A) The Secretary of State must not release P under subsection (2) if—
(a) it appears to the Secretary of State that, if released, P is highly likely to breach a condition included in P's licence, and
(b) for that reason, the Secretary of State considers that it is not appropriate to release P under that subsection.”,
(c) in subsection (4) , for “the Board” substitute “ a recall adjudicator ”,
(d) after subsection (4) insert—
“(4A) On a reference under subsection (4) , the recall adjudicator must determine the reference by—
(a) directing P's immediate release on licence under this Chapter,
(b) directing P's release on licence under this Chapter as soon as conditions specified in the direction are met, or
(c) giving no direction as to P's release,
(but see subsections (4B) and (4C) ).
(4B) The recall adjudicator must not give a direction under subsection (4A) (a) or (b) unless satisfied that it is not necessary for the protection of the public that P should remain in prison.
(4C) The recall adjudicator must not give a direction under subsection (4A) (a) or (b) if—
(a) it appears to the recall adjudicator that, if released, P is highly likely to breach a condition included in P's licence, and
(b) for that reason, the recall adjudicator considers that it is not appropriate to give the direction.”, and
(e) for subsection (5) substitute—
“(5) The Secretary of State must give effect to any direction under subsection (4A) (a) or (b).”
(5) Omit section 256 (powers of Board where it does not direct immediate release).

(6) In section 256A (further review) —

(a) for subsection (1) substitute—
“(1) Where a case has been referred to a recall adjudicator under section 255C(4) or this section and the person has not been released, the Secretary of State must refer the person's case back to a recall adjudicator no later than the review date.
(1A) In the case of a person serving one sentence of imprisonment, “the review date” is the first anniversary of the determination by the recall adjudicator on the reference mentioned in subsection (1).
(1B) In the case of a person serving more than one sentence of imprisonment, “the review date” is—
(a) the first anniversary of the determination by the recall adjudicator on the reference mentioned in subsection (1) , or
(b) if later, the day on which the person has served—
(i) the requisite custodial period, and
(ii) if the sentences include a life sentence, the minimum term.”,
(b) in subsection (2) —
(i) for “that anniversary” substitute “ the review date ”, and
(ii) for “the Board” substitute “ a recall adjudicator ”,
(c) in subsection (3) , for “The Board” substitute “ A recall adjudicator ”,
(d) in subsection (4) —
(i) for “Board” substitute “ recall adjudicator ”, and
(ii) for paragraph (b) substitute—
“(b) directing the person's release on licence under this Chapter as soon as conditions specified in the direction are met,”,
(e) at the end of subsection (4) insert—
“(but see subsections (4A) and (4B) ).”,
(f) after subsection (4) insert—
“(4A) The recall adjudicator must not give a direction under subsection (4) (a) or (b) unless satisfied that it is not necessary for the protection of the public that the person should remain in prison.
(4B) The recall adjudicator must not give a direction under subsection (4) (a) or (b) if—
(a) it appears to the recall adjudicator that, if released, the person is highly likely to breach a condition included in the person's licence, and
(b) for that reason, the recall adjudicator considers that it is not appropriate to give the direction.”, and
(g) for subsection (5) substitute—
“(5) The Secretary of State must give effect to any direction under subsection (4) (a) or (b).
(6) In subsection (1B) (b) — “ life sentence ” means a sentence mentioned in section 34(2) of the Crime (Sentences) Act 1997, and “ the minimum term ” means the part of the sentence specified in the minimum term order (as defined by section 28 of that Act).”
(7) In Schedule 20A (application of Chapter 6 of Part 12 to pre 4 April 2005 cases) , omit paragraph 6(5) (certain determinations to be treated as determinations under section 256(1) of the Criminal Justice Act 2003).

(8) The amendments made by this section apply to a person recalled before the day on which they come into force as well as to a person recalled on or after that day.

10 Power to change test for release after recall: determinate sentences (PROSPECTIVE)

(1) In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) , after section 256A insert—

“256AZA Power to change test for release following recall
(1) The Secretary of State may by order change—
(a) the test to be applied by the Secretary of State in deciding under section 255A whether a person is suitable for automatic release;
(b) the tests to be applied by the Secretary of State in deciding whether to release a person under section 255B(2) or 255C(2) ;
(c) the tests to be applied by the recall adjudicator in deciding how to determine a reference under section 255B(4) , 255C(4) or 256A(1) or (2).
(2) An order under subsection (1) may, in particular—
(a) apply to people recalled before the day on which it comes into force as well as to people recalled on or after that day;
(b) amend this Chapter.”
(2) In section 330(5) (a) of that Act (orders subject to affirmative procedure) at the appropriate place insert— “ section 256AZA, ”.