Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART VIII, MISCELLANEOUS AND SUPPLEMENTARY - continued
Interpretation - continued

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General definitions.     163. In this Act, except where the contrary intention appears-
 
 
    "action plan order" means an order under section 69(1) above;
 
    "the appropriate officer of the court" means, in relation to a magistrates' court, the clerk of the court;
 
    "associated", in relation to offences, shall be construed in accordance with section 161(1) above;
 
    "attendance centre" has the meaning given by section 62(2) above;
 
    "attendance centre order" means an order under section 60(1) above (and, except where the contrary intention is shown by paragraph 8 of Schedule 3 or paragraph 4 of Schedule 7 or 8 to this Act, includes orders made under section 60(1) by virtue of paragraph 4(1)(c) or 5(1)(c) of Schedule 3 or paragraph 2(2)(a) of Schedule 7 or 8);
 
    "child" means a person under the age of 14;
 
    "combination order" means an order under section 51(1) above;
 
    "community order" has the meaning given by section 33(1) above;
 
    "community sentence" has the meaning given by section 33(2) above;
 
    "community service order" means an order under section 46(1) above (and, except where the contrary intention is shown by section 59 above or paragraph 7 of Schedule 3 to this Act or section 35 of the Crime (Sentences) Act 1997, includes orders made under section 46(1) by virtue of section 59 or paragraph 4(1)(b) or 5(1)(b) of Schedule 3 or the said section 35);
 
    "compensation order" has the meaning given by section 130(1) above;
 
    "court" does not include a court-martial;
 
    "curfew order" means an order under section 37(1) above (and, except where the contrary intention is shown by section 59 above or paragraph 3 of Schedule 7 or 8 to this Act or section 35 of the Crime (Sentences) Act 1997, includes orders made under section 37(1) by virtue of section 59 or paragraph 2(2)(a) of Schedule 7 or 8 or the said section 35);
 
    "custodial sentence" has the meaning given by section 76 above;
 
    "detention and training order" has the meaning given by section 100(3) above;
 
    "drug treatment and testing order" means an order under section 52(1) above;
 
    "falling to be imposed under section 109(2), 110(2) or 111(2)" shall be construed in accordance with section 164(3) below;
 
    "guardian" has the same meaning as in the Children and Young Persons Act 1933;
 
    "local authority accommodation" means accommodation provided by or on behalf of a local authority, and "accommodation provided by or on behalf of a local authority" here has the same meaning as it has in the Children Act 1989 by virtue of section 105 of that Act;
 
    "offence punishable with imprisonment" shall be construed in accordance with section 164(2) below;
 
    "operational period", in relation to a suspended sentence, has the meaning given by section 118(3) above;
 
    "order for conditional discharge" has the meaning given by section 12(3) above;
 
    "period of conditional discharge" has the meaning given by section 12(3) above;
 
    "pre-sentence report" has the meaning given by section 162 above;
 
    "probation order" means an order under section 41(1) above;
 
    "probation period" means the period for which a person subject to a probation or combination order is placed under supervision by the order;
 
    "protecting the public from serious harm" shall be construed in accordance with section 161(4) above;
 
    "referral order" means an order under section 16(2) or (3) above;
 
    "the register" means the register of proceedings before a magistrates' court required by rules under section 144 of the Magistrates' Courts Act 1980 to be kept by the clerk of the court;
 
    "reparation order" means an order under section 73(1) above;
 
    "responsible officer"-
 
      (a) in relation to a curfew order, has the meaning given by section 37(12) above;
 
      (b) in relation to a probation order, has the meaning given by section 41(6) above;
 
      (c) in relation to a community service order, has the meaning given by section 46(13) above;
 
      (d) in relation to a combination order, has (by virtue of section 51(4) above) the meaning given by section 41(6) or 46(13) above;
 
      (e) in relation to a drug treatment and testing order, has the meaning given by section 54(3) above;
 
      (f) in relation to an action plan order, has the meaning given by section 69(4) above; and
 
      (g) in relation to a reparation order, has the meaning given by section 74(5) above;
 
    except that in section 47 above references to "the responsible officer" shall be construed in accordance with that section;
 
    "review hearing", in relation to a drug treatment and testing order, has the meaning given by section 54(6) above;
 
    "sentence of imprisonment" does not include a committal-
 
      (a) in default of payment of any sum of money;
 
      (b) for want of sufficient distress to satisfy any sum of money; or
 
      (c) for failure to do or abstain from doing anything required to be done or left undone;
 
    and references to sentencing an offender to imprisonment shall be construed accordingly;
 
    "sexual offence" has the meaning given by section 161(2) above;
 
    "supervision order" means an order under section 63(1) above;
 
    "supervisor", in relation to a supervision order, has the meaning given by section 63(3) above;
 
    "suspended sentence" has the meaning given by section 118(3) above;
 
    "suspended sentence supervision order" has the meaning given by section 122(1) above;
 
    "the testing requirement", in relation to a drug treatment and testing order, has the meaning given by section 53(4) above;
 
    "the treatment provider", in relation to such an order, has the meaning given by section 53(1) above;
 
    "the treatment requirement", in relation to such an order, has the meaning given by section 53(1) above;
 
    "the treatment and testing period", in relation to such an order, has the meaning given by section 52(1) above;
 
    "violent offence" has the meaning given by section 161(3) above;
 
    "young person" means a person aged at least 14 but under 18;
 
    "youth offending team" means a team established under section 39 of the Crime and Disorder Act 1998.
Further interpretive provisions.     164. - (1) For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State, his age shall be deemed to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.
 
      (2) Any reference in this Act to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under this or any Act on the imprisonment of young offenders.
 
      (3) For the purposes of this Act, a sentence falls to be imposed under section 109(2), 110(2) or 111(2) above if it is required by that provision and the court is not of the opinion there mentioned.
 
 
Final provisions
Consequential amendments, transitory modifications, transitional provisions and repeals.     165. - (1) Schedule 9 to this Act (which contains amendments consequential on this Act) shall have effect.
 
      (2) Schedule 10 to this Act (which contains transitory modifications of this Act) shall have effect.
 
      (3) Schedule 11 to this Act (which contains transitional provisions) shall have effect.
 
      (4) The enactments mentioned in Part I of Schedule 12 to this Act and the instruments mentioned in Part II of that Schedule are hereby repealed or revoked to the extent specified in the third column of those Parts.
 
Short title.     166. This Act may be cited as the Powers of Criminal Courts (Sentencing) Act 2000.
 
Extent.     167. - (1) Subject to subsections (2) to (4) below, this Act extends to England and Wales only.
 
      (2) The following provisions also extend to Scotland, namely-
 
 
    section 14;
    sections 44, 49 and 51(6);
 
    section 121(3);
 
    section 159;
 
    this section; and
 
    Schedule 4.
      (3) The following provisions also extend to Northern Ireland, namely-
 
 
    sections 44, 49 and 51(6);
 
    this section; and
 
    Schedule 4.
      (4) The extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked.
 
      (5) For the purposes of the Scotland Act 1998, any provision of this Act which extends to Scotland is to be taken to be a pre-commencement enactment within the meaning of that Act.
 
Commencement.     168. - (1) Subject to subsection (2) below and to paragraph 11 of Schedule 11 (special provisions relating to referral orders), this Act shall come into force at the end of the period of three months beginning with the day on which it is passed (and references to the commencement of this Act are to its coming into force then).
 
      (2) Sections 87 and 88 above shall not come into force until such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
 
      (3) Section 160(6) above does not apply to an order under subsection (2) above, but an order under that subsection may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.
 
 
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