Act of Parliament | |
Long title | An Act to establish a National Probation Service for England and Wales and a Children and Family Court Advisory and Support Service; to make further provision for the protection of children; to make further provision about dealing with persons suspected of, charged with or convicted of offences; to amend the law relating to access to information held under Part III of the Road Traffic Act 1988; and for connected purposes. |
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Citation | 2000 c. 43 |
Dates | |
Royal assent | 30 November 2000 |
Status: Current legislation | |
Text of statute as originally enacted | |
Text of the Criminal Justice and Court Services Act 2000 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Criminal Justice and Court Services Act 2000 (c. 43) is a United Kingdom act of Parliament that advances a number of agendas related to criminal justice. It instituted the National Probation Service as well as the Children and Family Court Advisory and Support Service. The Act also makes the parents of persistent truants criminally liable and subject to a maximum penalty of three months in prison, [1] [2] a legal change that led to the first imprisonment of parents in 2002. [3] [4]
On sentencing, the act formally removes the role of the Home Secretary in sentencing of young people for grave crimes (such as murder) following the decisions by the House of Lords in R v Secretary of State for the Home Dept ex parte Venables and Thompson (1997) [5] and the subsequent case at the European Court of Human Rights, T. v United Kingdom . The European Court of Human Rights had found that the right to a fair trial guaranteed by the Convention had been infringed in the cases of Robert Thompson and Jon Venables (the murderers of James Bulger) by having sentences determined by the serving Home Secretary, a political appointee. §60 of the Act assigns the power to sentence those people under 18 who are tried as adults for serious crimes with the trial judge rather than the Home Secretary. [6] [7] [8]
The Act introduced a number of drugs-related provisions including drug abstinence orders, a community-based sentence that allows a court to order an offender to abstain from specified class A drugs. It also allows for pre-sentence drug testing of convicted offenders, as well as drug testing of people held in police custody.
Life imprisonment is any sentence of imprisonment for a crime under which the convicted criminal is to remain in prison for the rest of their natural life. Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.
Truancy is any intentional, unjustified, unauthorized, or illegal absence from compulsory education. It is a deliberate absence by a student's own free will and usually does not refer to legitimate excused absences, such as ones related to medical conditions. Truancy is usually explicitly defined in the school's handbook of policies and procedures. Attending school but not going to class is called internal truancy. Some children whose parents claim to homeschool have also been found truant in the United States.
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term probation applies only to community sentences, such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.
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.
Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
In the English and British tradition, the royal prerogative of mercy is one of the historic royal prerogatives of the British monarch, by which they can grant pardons to convicted persons. The royal prerogative of mercy was originally used to permit the monarch to withdraw, or provide alternatives to, death sentences; the alternative of penal transportation to "partes abroade" was used since at least 1617. It is now used to change any sentence or penalty. A royal pardon does not overturn a conviction.
Caning is a widely used form of corporal punishment in Singapore. It can be divided into several contexts: judicial, prison, reformatory, military, school and domestic. These practices of caning as punishment were introduced during the period of British colonial rule in Singapore. Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries, Malaysia and Brunei.
In England and Wales, life imprisonment is a sentence that lasts until the death of the prisoner, although in most cases the prisoner will be eligible for parole after a minimum term set by the judge. In exceptional cases a judge may impose a "whole life order", meaning that the offender is never considered for parole, although they may still be released on compassionate grounds at the discretion of the home secretary. Whole life orders are usually imposed for aggravated murder, and can only be imposed where the offender was at least 21 years old at the time of the offence being committed.
The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.
Murder is an offence under the common law legal system of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to unlawfully cause either death or serious injury. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.
The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.
HM Prison Peterborough is a Category B private prison for men, and a closed prison for women and female young offenders, located in Peterborough, Cambridgeshire, England. The prison is operated by Sodexo Justice Services, and is the only dual purpose-built prison holding males and females in the United Kingdom. The prison, which has a population of around 1,100 inmates, comprises four large wings, each with a separate housing arrangement for female detainees and male detainees. It is managed by the Newton Secure Training Centre (NSTC), and the associated training centre, which operates under Sodexo Services, comprises 26 housing units, ranging from 12-storey purpose built units to 10-storey semiprivate accommodation units.
Juvenile law pertains to those who are deemed to be below the age of majority, which varies by country and culture. Usually, minors are treated differently under the law. However, even minors may be prosecuted as adults.
Paul John Ferris is a Scottish author and organised crime figure. Ferris was an enforcer for Glasgow 'Godfather' Arthur Thompson in the early 1980s. Known for his ruthlessness and extreme violence, he rose to a prominent position in the city's criminal underworld.
Crime in New Zealand encompasses criminal law, crime statistics, the nature and characteristics of crime, sentencing, punishment, and public perceptions of crime. New Zealand criminal law has its origins in English criminal law, which was codified into statute by the New Zealand parliament in 1893. Although New Zealand remains a common law jurisdiction, all criminal offences and their penalties are codified in New Zealand statutes.
On 12 February 1993 in Merseyside, two 10-year-old boys, Robert Thompson and Jon Venables, abducted, tortured, and murdered a two-year-old boy, James Patrick Bulger. Thompson and Venables led Bulger away from the New Strand Shopping Centre in Bootle, after his mother had taken her eyes off him momentarily. His mutilated body was found on a railway line two and a half miles away in Walton, Liverpool, two days later.
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.
R v Secretary of State for the Home Department, ex parte Venables and Thompson [1997] UKHL 25 is a UK constitutional law case, concerning the exercise of independent judgement in judicial review.
Life imprisonment is a legal penalty in Singapore. This sentence is applicable for more than forty offences under Singapore law, such as culpable homicide not amounting to murder, attempted murder, kidnapping by ransom, criminal breach of trust by a public servant, voluntarily causing grievous hurt with dangerous weapons, and trafficking of firearms, in addition to caning or a fine for certain offences that warrant life imprisonment.