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

back to previous text
 
 
Prosecution of Offences Act 1985 (c. 23)
     99. In section 19(3)(c) of the Prosecution of Offences Act 1985 (provision for payment of certain costs of medical practitioner), for "section 30 of the Magistrates' Courts Act 1980" there shall be substituted "section 11 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Protection of Military Remains Act 1986 (c. 35)
     100. In section 7(1) of the Protection of Military Remains Act 1986 (supplementary provision with respect to offences), for "Section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "Section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Public Order Act 1986 (c. 64)
     101. In section 30(5) of the Public Order Act 1986 (domestic football banning orders), for "sections 1A and 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Justice Act 1988 (c. 33)
     102. In section 36(2) of the Criminal Justice Act 1988 (review of sentencing), for "section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997" there shall be substituted "section 109(2), 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     103. In section 50 of the Criminal Justice Act 1988 (suspended sentences on certain civilians in military courts), in subsection (3)(b), for "the Powers of Criminal Courts Act 1973" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
     104. In section 60(1) of the Criminal Justice Act 1988 (periods of imprisonment for default), for "Tables in section 31(3A) of the Powers of Criminal Courts Act 1973 and" there shall be substituted "Table in".
 
     105. In section 71(9A) of the Criminal Justice Act 1988 (power to make confiscation orders on committal for sentence), for the words from "section 38" to "1967" there shall be substituted "section 3, 4 or 6 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     106. - (1) Section 72 of the Criminal Justice Act 1988 (making of confiscation orders) shall be amended as follows.
 
      (2) In subsection (5)-
 
 
    (a) for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
      (3) In subsection (7), for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     107. In section 72A(9A) of the Criminal Justice Act 1988 (variation of sentence on postponed determination), for "section 47(2) or (3) of the Supreme Court Act 1981" there shall be substituted "section 155(1) or (2) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     108. In section 74(2) of the Criminal Justice Act 1988 (meaning of "realisable property"), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     109. In section 74A(6) of the Criminal Justice Act 1988 (review of cases where proceeds of crime not assessed), for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     110. - (1) Section 74C of the Criminal Justice Act 1988 (revision of assessment of amount to be recovered) shall be amended as follows.
 
      (2) In subsection (7), for "section 31 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (8), for "section 31(3A) of that Act of 1973" there shall be substituted "section 139(4) of that Act of 2000".
 
     111. - (1) Section 75 of the Criminal Justice Act 1988 (application of procedure for enforcing fines) shall be amended as follows.
 
      (2) In subsection (1), for the words from "sections 31(1)" to "1973" there shall be substituted "sections 139(1) to (4) and 140(1) to (3) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2), for "section 31(3) of the Magistrates' Courts Act 1980" there shall be substituted "section 78(4) of that Act of 2000".
 
      (4) In subsection (3), for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of that Act of 2000".
 
      (5) In subsection (4)-
 
 
    (a) for "section 22(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 118(1) of that Act of 2000"; and
 
    (b) for "section 31(2) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(2) of that Act of 2000".
     112. - (1) Section 75A of the Criminal Justice Act 1988 (interest on sums unpaid under confiscation orders) shall be amended as follows.
 
      (2) In subsection (1), for "section 31(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2)-
 
 
    (a) for "section 31(2) of that Act of 1973" there shall be substituted "section 139(2) of that Act of 2000"; and
 
    (b) for "section 31(3A) of that Act of 1973" there shall be substituted "section 139(4) of that Act of 2000".
     113. In section 83(4) of the Criminal Justice Act 1988 (variation of confiscation orders), for "section 31 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     114. In Schedule 15 to the Criminal Justice Act 1988 (minor and consequential amendments), in paragraph 80, for "that Act" there shall be substituted "the Supreme Court Act 1981".
 
 
Copyright, Designs and Patents Act 1988 (c. 48)
     115. In section 108(6) of the Copyright, Designs and Patents Act 1988 (articles infringing copyright: order for delivery up in criminal proceedings), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     116. In section 199(6) of the Copyright, Designs and Patents Act 1988 (illicit recordings: order for delivery up in criminal proceedings), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Road Traffic Act 1988 (c. 52)
     117. In section 164(5) of the Road Traffic Act 1988 (power of constables to require production of driving licence), for "or section 44 of the Powers of Criminal Courts Act 1973" there shall be substituted ", section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Road Traffic Offenders Act 1988 (c. 53)
     118. In section 25(4) of the Road Traffic Offenders Act 1988 (duty to request information as to date of birth or sex), for "section 56(5) of the Criminal Justice Act 1967" there shall be substituted "section 7 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     119. - (1) Section 26 of the Road Traffic Offenders Act 1988 (interim disqualification) shall be amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) in paragraph (a), for the words from "subsection (1)" to "applies" there shall be substituted "section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 or any enactment mentioned in subsection (4) of that section"; and
 
    (b) in paragraph (b), for "section 39 of the Magistrates' Courts Act 1980" there shall be substituted "section 10 of that Act".
      (3) In subsection (2), for "section 1 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 1 of that Act".
 
     120. In section 27(3) of the Road Traffic Offenders Act 1988 (production of licence), for "section 44 of the Powers of Criminal Courts Act 1973," there shall be substituted "section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     121. In section 34(4A) of the Road Traffic Offenders Act 1988 (disqualification for certain offences), for "section 44 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 147 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     122. In section 35(5) of the Road Traffic Offenders Act 1988 (disqualification for repeated offences), for "section 44 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 147 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     123. - (1) Section 46 of the Road Traffic Offenders Act 1988 (combination of disqualification and endorsement with certain other orders) shall be amended as follows.
 
      (2) In subsection (1), for "section 1C(3) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14(3) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2), for "section 1C(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Extradition Act 1989 (c. 33)
     124. In section 20(2)(b) of the Extradition Act 1989 (restoration of persons not tried or acquitted), for "section 1A(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 2 March 2000