CRIMINAL JUSTICE AND COURT SERVICES BILL
Memorandum by the Home Office
1. This Memorandum identifies those provisions in
the Criminal Justice and Court Services Bill which confer powers
to make delegated legislation. It explains in each case the purpose
of the power, the reason why it is to be left to delegated legislation,
and the nature and justification for any parliamentary procedures
2. The Bill was approved by Cabinet for inclusion
in the programme for the 1999/00 session on the basis of the Home
Secretary's letter of 29 July 1999. The main provisions of the
- Restructuring the Probation Service into a unified
centrally driven Service with 42 local areas that will match police
force boundaries to be called the National Probation Service for
England and Wales.
- Creating a single service to look after the interests
of children in family court proceedings, with the establishment
of the Children and Family Court Advisory and Support Service
- Introducing new drug testing powers, to test
those charged with certain acquisitive crimes and Class A drugs
offences; to require the courts to take a positive drug test into
account when deciding on bail; to test for those under Probation
Service supervision, including the creation of a free standing
Drug Abstinence Order; and to test those released on licence from
- Extending electronic monitoring, to create a
new exclusion order to be monitored electronically; to allow for
community sentences to be monitored electronically; and to allow
the electronic monitoring of compliance with licence conditions.
- Establishing a scheme to identify and ban unsuitable
people from working with children. This ban will be supported
by a new criminal offence.
- Increasing the penalty for parents who fail to
ensure that their children attend school regularly.
- Providing for the bulk transfer of DVLA driver
records to the Police National Computer (PNC) to enable the police
to have full and immediate access to those records.
- Enabling the courts to set tariffs in cases of
detention during Her Majesty's pleasure.
- Abolishing sentence of detention in a Young Offender
- Minor provisions in respect of (a) responsible
officers for parenting orders, (b) police powers of bail pending
delivery of reprimands and warnings and the provision for these
to take place away from a police station and (c) failure to answer
summons in the Crown Court.
3. This Memorandum identifies the distinct provisions
which delegate legislative power in the manner and for the reasons
set out below.