The Criminal Justice And Public Order Act 1994: A Basic Guide For Practitioners

The Criminal Justice and Public Order Act 1994: A Basic Guide for Practitioners The Criminal Justice and Public Order Act 1994: A Basic Guide for Practitioners Leonard Jason-Lloyd Lecturer in Law, University of Derby and visiting Lecturer in Law at the Midlands Centre for Criminology and Criminal Justice, Loughborough University and the Centre for the Study of Public Order at the University of Leicester FRANK CASS LONDON Published in 1996 in Great Britain by FRANK CASS & CO. LTD. Newbury House, 900 Eastern Avenue London IG2 7HH This edition published in the Taylor & Francis e-Library, 2005. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk. and in the United States of America by FRANK CASS c/o ISBS, 5804 N.E.Hassalo Street Portland, Oregon 97213–3644 Copyright © Leonard Jason-Lloyd 1996 British Library Cataloguing in Publication Data Jason-Lloyd, Leonard Criminal Justice and Public Order Act 1994: Basic Guide for Practitioners I. Title 344.2055 ISBN 0-203-98911-2 Master e-book ISBN ISBN 0-7146-4210-X (Print Edition) Library of Congress Cataloging-in-Publication Data Jason-Lloyd, Leonard, 1945– The Criminal Justice and Public Order Act 1994: a basic guide for practitioners/Leonard Jason-Lloyd. p. cm. Includes bibliographical references. ISBN 0-7146-4210-X 1. Criminal justice, Administration of—Great Britain. 2. Police regulations—Great Britain. I. Title. KD7876.J37 1996 345.41′05–dc20 [344.1055] 95–23706 CIP All rights reserved. No part of this publication may be reproduced in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of Frank Cass & Co. Ltd. I dedicate this book to Usha Contents 1: 2: 3: 4: 5: 6: 7: 8: 9: 10: Appendix 1: Appendix 2: Appendix 3: Appendix 4: Acknowledgements Introduction ix xi Young Offenders Bail The Courts Police Jurisdiction Public Order Police Powers Sexual Offences and Pornography Evidence Prisons, the Prison Service and Related Matters Miscellaneous Provisions 1 8 11 18 20 29 34 38 40 43 Bibliography 46 Figures Representing Aspects of the Act 47 Criminal Justice and Public Order Act 1994 (selected extracts) 66 National Standards for the Supervision of Offenders in the Community 130 (Home Office, March 1995) (Extracts) Police and Criminal Evidence Act 1984: Home Office Codes of 146 Practice (Effective 10 April 1995) (Extracts) Acknowledgements The Police and Criminal Evidence Act 1984—Codes of Practice and the National Standards for the Supervision of Offenders in the Community, 1995 are Crown copyright and have been reproduced with the permission of the Controller of Her Majesty’s Stationery Office. I wish to thank the Controller of Her Majesty’s Stationery Office for kind permission to reproduce part of the text of the Criminal Justice and Public Order Act 1994 and the diagrams depicting the Transfer for Trial arrangements as at August 1995 (Figures 16–19 in Appendix 1), also under Crown copyright. I wish to thank the Chief Constable of the Leicestershire Constabulary for his kind permission to reproduce the diagrams in Appendix 1 from the publication Criminal Justice and Public Order Act 1994—Practitioner’s Guide. Finally, I gratefully acknowledge the kind permission of Barry Rose Publications to reproduce my article from The Justice of the Peace and Local Government Law in Chapter 1. Leonard Jason-Lloyd Introduction The general background and controv