Criminal Justice And Court Services Act 2000

Part 1, Chapter 1, Section 1 to 10 set up the National Probation Service.

Chapter II (sections 11 to 17) of this Act sets up the Children and Family Court Advisory and Support Service (“CAFCASS”). According to section 12, the function of the service is to:-

1. safeguard and promote the welfare of children
2. give advice to the court
3. make provision for children to be represented in proceedings
4. provide information and advice for children and their families

An officer of CAFCASS can also undertake litigation on behalf of children.

Part 2 of the Act deals with the protection of children. Section 26 defines an “offence” against a child by reference to Schedule 4 of the Act, which contains a comprehensive list of statutory offences against children.

Section 28 provides for certain persons, who are adults to be disqualified from working with children. A court must order that such a person be disqualified from working with children.

Sub section (5) states that the court will not make an order if it decides that the offender is unlikely to commit an offence against a child. Sub section (6) says that if the court does not make an order, it must state its reasons.

Section 29 contains similar provisions in relation to persons under the age of 18 (juveniles) who offend against children.

Sections 31 to 34 contain provisions for appeals against and reviews of disqualification orders.

Section 35 states that it is an offence for a person disqualified from working with children to work in a “regulated position”. An individual is disqualified from working with children if:-

1. he is included in the list kept under section of the Protection of Children Act 1999 (individuals considered unsuitable to work with children)
2. he is included on the grounds of not being a fit person, in the list kept for the purposes of regulations under section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment as teacher etc.)
3. he is included on the grounds that he is unsuitable to work with children, in any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 Education Act 1996
4. he is subject to a disqualification order

Section 36 defines “regulated position” by reference to a series of activities (subsection 1) and a series of settings (subsection 2). Subsection 1(g) also refers to a position mentioned in subsection 6, which includes positions such as a charity trustee of a children’s charity.

Section 38 says that a disqualification order is not a sentence for the purposes of the Rehabilitation of Offenders Act 1974.

Section 39 amends section 1(1) of the Indecency with Children Act 1960 (indecent conduct towards young child), for “fourteen” there is substituted “sixteen”.

Section 41 increases the maximum penalties under the Protection of Children Act 1978, and the Criminal Justice Act 1988 (indecent photographs).

Section 42 is an interpretation section.

Section 66 introduces Schedule 5 of the Act, which amends the Sex Offenders Act 1997, with a view to:-

1. altering the requirements
2. increasing penalties
3. enabling courts to make restraining orders
4. improving the information held about such persons

Section 67 sets out the arrangements that the police and probation boards must make for the purposes of assessing and managing the risks posed in the area by sexual and violent offenders (and other categories of criminal). Section 68 defines a sexual and violent offender.

Section 69 gives rights to the victim to make representations about where the offender is to live, or any conditions that should be imposed on him.

Section 72 amends section 444 of the Education Act 1996 – which is the offence of failure to secure regular attendance at school.

See here: Criminal Justice and Court Services Act 2000