Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
SCHEDULE 9, CONSEQUENTIAL AMENDMENTS - continued

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Criminal Justice Act 1967 (c. 80)
     24. In section 32(3) of the Criminal Justice Act 1967 (costs in criminal cases)-
 
 
    (a) in paragraph (a), for "section 3 of the Powers of Criminal Courts Act 1973" there shall be substituted "paragraph 5 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) in paragraph (b), for "section 30 of the Magistrates' Courts Act 1980" there shall be substituted "section 11 of the Powers of Criminal Courts (Sentencing) Act 2000".
     25. - (1) Section 67 of the Criminal Justice Act 1967 (computation of sentences of imprisonment or detention passed in England and Wales) shall be amended as follows.
 
      (2) In subsection (2), for "section 23 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 119 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (5), for "section 53(3) of the Children and Young Persons Act 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     26. - (1) In section 104 of the Criminal Justice Act 1967 (interpretation), subsection (1) shall continue to have effect with the amendment made by paragraph 26(a) of Schedule 5 to the Powers of Criminal Courts Act 1973, that is to say, with the substitution for the definition of "extended sentence certificate" of the following definition-
 
 
    ""extended sentence certificate" means a certificate issued under section 28 of the Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section;".
      (2) In that subsection, for the definition of "suspended sentence" there shall be substituted the following definition-
 
 
    ""suspended sentence" means a sentence to which an order under section 118(1) of the Powers of Criminal Courts (Sentencing) Act 2000 relates."
     27. In section 106(2) of the Criminal Justice Act 1967 (extent to Scotland), in paragraph (b), for the words from the beginning to "102" there shall be substituted "section 102".
 
 
Criminal Appeal Act 1968 (c. 19)
     28. - (1) Section 10 of the Criminal Appeal Act 1968 (appeal against sentence in cases dealt with by Crown Court otherwise than on conviction on indictment) shall be amended as follows.
 
      (2) In subsection (2)(b), for "Part I of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (3)-
 
 
    (a) in paragraph (c)(iii), for "section 23 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 119 of the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) in paragraph (cc), for "section 40(2) or (3A) of the Criminal Justice Act 1991" there shall be substituted "section 116(2) or (4) of the Powers of Criminal Courts (Sentencing) Act 2000".
     29. In section 11(4) of the Criminal Appeal Act 1968 (supplementary provision as to appeal against sentence), for the words from "section 23(1)" to "partly" there shall be substituted "section 119(1) of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of a".
 
     30. In section 50(1A) of the Criminal Appeal Act 1968 (right of appeal where offender discharged), for "Section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Firearms Act 1968 (c. 27)
     31. In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), in subsection (2A)(c), for "section 77 of the Crime and Disorder Act 1998" there shall be substituted "section 104 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Health Services and Public Health Act 1968 (c. 46)
     32. In section 64 of the Health Services and Public Health Act 1968 (financial assistance by Secretary of State to certain voluntary organisations), at the end of subsection (3)(a) there shall be inserted the following sub-paragraph-
 
 
    "(xxi) sections 63 to 66 and 92 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;".
     33. In section 65 of the Health Services and Public Health Act 1968 (financial and other assistance by local authorities to certain voluntary organisations), at the end of subsection (3)(b) there shall be inserted the following sub-paragraph-
 
 
    "(xxii) sections 63 to 66 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000;".
 
Social Work (Scotland) Act 1968 (c. 49)
     34. In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)-
 
 
    (a) in the definition of "probation order", for "has the meaning assigned to it by section 2 of the Powers of Criminal Courts Act 1973" there shall be substituted "has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) in the definition of "supervision order", for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
Theft Act 1968 (c. 60)
     35. In section 35(2) of the Theft Act 1968 (application of sections 27 and 28 to proceedings for offences committed before commencement of that Act), for "Sections 27 and 28 of this Act" there shall be substituted "Section 27 of this Act and section 148 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Civil Evidence Act 1968 (c. 64)
     36. In section 11(5)(a) of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), for "section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)
     37. In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (convictions as evidence in civil proceedings), for "section 13 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Children and Young Persons Act 1969 (c. 54)
     38. In section 23 of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation), in subsection (12), in the definition of "sexual offence" and "violent offence", for "Part I of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
     39. In each of the following provisions of the Children and Young Persons Act 1969, namely-
 
 
    (a) subsections (1) and (2) of section 25 (transfers between England or Wales and Northern Ireland), and
 
    (b) subsections (1) and (2) of section 26 (transfers between England or Wales and the Channel Islands or Isle of Man),
  for "residence requirement as mentioned in section 12AA of this Act" there shall be substituted "local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000".
 
     40. In section 30(1) of the Children and Young Persons Act 1969 (detention of young offenders in community homes), for "section 53 of the Act of 1933" there shall be substituted "section 92 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     41. - (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall be amended as follows.
 
      (2) In subsection (1A)-
 
 
    (a) for "section 16(3) of this Act" there shall be substituted "paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000";
 
    (b) for "section 12AA of this Act" there shall be substituted "paragraph 5 of Schedule 6 to that Act"; and
 
    (c) for "section 16(3A) of this Act" there shall be substituted "paragraph 7(5) of Schedule 7 to that Act".
      (3) In subsection (1C)-
 
 
    (a) for "section 16(3) of this Act" there shall be substituted "paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "section 12AA, 16(3B) or" there shall be substituted "paragraph 5 of Schedule 6 to that Act, paragraph 7(8) of Schedule 7 to that Act or section".
     42. In section 70(1) of the Children and Young Persons Act 1969 (interpretation), for the definitions of "supervision order", "supervised person" and "supervisor" there shall be substituted the following definition-
 
 
    ""supervision order" has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000;".
 
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