Criminal Justice Act 1991

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Criminal Justice Act 1991
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Long title ″An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes.
Citation 1991 c. 53
Introduced by Kenneth Baker
Territorial extent England & Wales; Scotland; Northern Ireland
Dates
Royal assent 25 July 1991
Commencement Multiple dates
Other legislation
Amended by Criminal Justice Act 1993 Criminal Justice Act 2003
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Criminal Justice Act 1991 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Criminal Justice Act 1991 (c. 53) is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales, with certain clauses extended to either Northern Ireland or Scotland. The Act enabled the introduction of private prisons to the United Kingdom, attempted to reform the system of fines in England and Wales, established HM Inspectorate of Probation as a statutory body, and allowed for the Home Secretary to release foreign prisoners from prison to enable their deportation.

Contents

It remains in force with many of its provisions amended by subsequent Criminal Justice Acts.

History

The Conservative MP John Greenway attempted to have the Act amended during its passage to introduce the death penalty for the murder of a police officer. [1] [2]

Provisions

Early Removal Scheme

The Act mode provision for an Early Removal Scheme. Under the Scheme, the Home Secretary can release foreign national prisoners early from prison where they were subject to deportation or administrative removal. [3] The Scheme is currently regulated by the Criminal Justice Act 2003 and was modified in 2008 by Statutory Instrument to reduce the qualifying period before a prisoner could be released for deportation. [4] [5] :259–261

Unit fines

Section 18 made provision for fines to be imposed using a mathematical formula that took into account the seriousness of the crime and the offenders ability to pay. This was subject to criticism from magistrates and others for imposing significant fines on wealthier individuals for minor offences, and insignificant fines on poorer individuals for more serious offences. Eventually, Kenneth Clarke introduced the Criminal Justice Act 1993 to remove the system of unit fines. [6] [7] :65

Drug rehabilitation

Schedule 1A6 made provision for attendance at drug treatment for an offender on probation who suffered from alcohol or drug dependence. [8]

HM Inspectorate of Probation

Section 73 placed HM Inspectorate of Probation on a statutory footing. [9]

Private prisons

Sections 84 to 88 made it possible for the establishment of private prisons in England and Wales. Subsequently, HM Prison Wolds opened as the first privately managed prison in the UK in 1992. [10]

Related Research Articles

Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes, severe cases of child pornography, or any three felonies in case of three-strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884.

<span class="mw-page-title-main">His Majesty's Prison Service</span> Government service managing most of the prisons within England and Wales

His Majesty's Prison Service (HMPS) is a part of HM Prison and Probation Service, which is the part of His Majesty's Government charged with managing most of the prisons within England and Wales.

<span class="mw-page-title-main">National Probation Service</span> Criminal justice service in England and Wales

The Probation Service for England and Wales is a statutory criminal justice service, mainly responsible for the supervision of offenders in the community and the provision of reports to the criminal courts to assist them in their sentencing duties. It was established in its current form by the Criminal Justice and Court Services Act in April 2001, but has existed since 1907 as a set of area-based services interacting at arm's length with central government.

In the United Kingdom, the Violent and Sex Offender Register (ViSOR) is a database of records of those required to register with the police under the Sexual Offences Act 2003, those jailed for more than 12 months for violent offences, and those thought to be at risk of offending. In response to a Freedom of Information request in 2009, for example, Greater Manchester Police reported that of 16 people in their area placed on ViSOR since 2007 on their initiative and not as a result of a relevant conviction, four (25%) had clean criminal records.

<span class="mw-page-title-main">HM Prison The Verne</span> Mens prison in Dorset, England

HM Prison The Verne is a Category C men's prison, located within the historic Verne Citadel, on the Isle of Portland in Dorset, England. Operated by His Majesty's Prison Service, HMP The Verne was established in 1949 and occupies the southern part of the citadel. After a brief spell as an Immigration Removal Centre in 2014–2017, HMP The Verne re-opened in 2018.

In the jurisdiction of England and Wales, a Multi-Agency Public Protection Arrangement (MAPPA) is an arrangement, set up in 2001, for the "responsible authorities" tasked with the management of registered sex offenders, violent and other types of sexual offenders, and offenders who pose a serious risk of harm to the public. The "responsible authorities" of the MAPPA include the National Probation Service, HM Prison Service and England and Wales Police Forces. MAPPA is coordinated and supported nationally by the Public Protection Unit within the National Offender Management Service. MAPPA was introduced by the Criminal Justice and Court Services Act 2000 and was strengthened under the Criminal Justice Act 2003.

<span class="mw-page-title-main">Rehabilitation of Offenders Act 1974</span> United Kingdom legislation

The Rehabilitation of Offenders Act 1974 (c.53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings. A conviction for the purposes of the ROA includes a conviction issued outside Great Britain and therefore foreign convictions are eligible to receive the protection of the ROA.

His Majesty's Chief Inspector of Prisons is the head of HM Inspectorate of Prisons and the senior inspector of prisons, young offender institutions and immigration service detention and removal centres in England and Wales. The current chief inspector is Charlie Taylor.

The Drug Interventions Programme is a key part of the United Kingdom's strategy for tackling drug abuse. It aims to engage drug-misusing offenders involved in the Criminal Justice system in formal addiction treatment and other support, thereby reducing drug-related harm and reducing offending behaviour. Introduced in 2003, it formed a part of both of New Labour's '10 year' drug strategies. In their 2010 Drug Strategy, the Conservative / Liberal Democrat coalition state their continued intention to support DIP.

<span class="mw-page-title-main">Criminal Justice and Immigration Act 2008</span> United Kingdom legislation

The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. In particular, it changes the law relating to custodial sentences and the early release of prisoners to reduce prison overcrowding, which reached crisis levels in 2008. It also reduces the right of prison officers to take industrial action, and changed the law on the deportation of foreign criminals. It received royal assent on 8 May 2008, but most of its provisions came into force on various later dates. Many sections came into force on 14 July 2008.

<span class="mw-page-title-main">Parole Board for England and Wales</span>

The Parole Board for England and Wales was established in 1968 under the Criminal Justice Act 1967. It became an independent executive non-departmental public body (NDPB) on 1 July 1996 under the Criminal Justice and Public Order Act 1994. The Parole Board is governed by the Parole Board Rules 2016 made by Parliament under the Criminal Justice Act 2003. Parole Board members are appointed by the Secretary of State for Justice, but are required to take judicial decisions independent of Government.

<span class="mw-page-title-main">HM Prison Bullingdon</span> Prison in Oxfordshire, England

HM Prison and Young Offenders Institute Bullingdon is a prison in Oxfordshire, England. It is a public sector prison operated by HM Prison and Probation Service.

HM Prison Hindley is a male prison , located in the village of Bickershaw in Greater Manchester, England. Hindley is operated by His Majesty's Prison Service.

An independent custody visitor is someone who visits people who are detained in police stations in the United Kingdom to ensure that they are being treated properly. Prisoner escort and custody lay observers carry out a similar function in relation to the escort of prisoners from one place to another, or their custody at court.

Lancashire Probation Trust is a criminal justice agency responsible for punishing and rehabilitating offenders in Lancashire, England.

<span class="mw-page-title-main">Prisons in Wales</span> Overview of prisons operating in Wales

The prisons in Wales are run by His Majesty's Prison Service, which is in turn a part of HM Prison and Probation Service (HMPPS) which is an executive agency of the Ministry of Justice responsible for the correctional services in England and Wales. The objectives of prison confinement in Wales is threefold: to "hold prisoners securely", to "reduce the risk of prisoners re-offending" and to "provide safe and well-ordered establishments in which we treat prisoners humanely, decently and lawfully".

Sentencing in England and Wales refers to a bench of magistrates or district judge in a magistrate's court or a judge in the Crown Court passing sentence on a person found guilty of a criminal offence. In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including their criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.

His Majesty's Inspectorate of Probation (HMIP) is a statutory body and independent UK inspectorate funded by the Ministry of Justice, formed in 1936.

<span class="mw-page-title-main">Criminal Justice Act 1988</span> United Kingdom legislation

The Criminal Justice Act 1988 is an Act of the Parliament of the United Kingdom.

The Lammy Review is a 2017 review on discrimination within the policing and criminal justice systems in the UK, led by David Lammy and commissioned by David Cameron and Theresa May. The Lammy Review found significant racial bias in the UK justice system.

References

  1. "Criminal Justice Bill (Hansard, 25 June 1991)". api.parliament.uk. Retrieved 10 April 2018.
  2. "PUNISHMENT FOR MURDER OF A POLICE OFFICER (Hansard, 21 February 1994)". api.parliament.uk. Retrieved 10 April 2018.
  3. Refugees, United Nations High Commissioner for. "Refworld | Criminal Justice Act 1991". Refworld. Retrieved 10 April 2018.
  4. Statutory Instrument 2008 No. 977 The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008 (Coming into force 7 April 2008)
  5. "Criminal Justice Act 2003", legislation.gov.uk , The National Archives, 2003 c. 44
  6. "Fine plans echo 1991 Tory policy". 2005. Retrieved 10 April 2018.
  7. "Criminal Justice Act 1993: Section 65", legislation.gov.uk , The National Archives, 1993 c. 36 (s. 65)
  8. Peter, Reuter; Alex, Stevens (2007). "An Analysis of UK Drug Policy" (PDF). United Kingdom Drug Policy Commission via Kent Academic Repository.
  9. Hutchings, John (March 2010). "History of HM Inspectorate of Probation" (PDF). Criminal Justice Inspectorates. HM Inspectorate of Probation . Retrieved 10 April 2018.
  10. Nehal, Panchamia (14 November 2012). "Competition in prisons" (PDF). Institute for Government. Retrieved 4 April 2018.