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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing

    150

 

 262   Interpretation of Chapter

In this Chapter—

                      “court” includes a court-martial;

                      “guidelines” has the same meaning as in section 165(1);

                      “life sentence” means—

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                  (a)                 a sentence of imprisonment for life,

                  (b)                 a sentence of detention during Her Majesty’s pleasure, or

                  (c)                 a sentence of custody for life passed before the commencement

of section 61(1) of the Criminal Justice and Court Services Act

2000 (c. 43) (which abolishes that sentence).

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Chapter 8

Other provisions about sentencing

Deferment of sentence

 263   Deferment of sentence

Schedule 19 (deferment of sentence) shall have effect.

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Power to include drug treatment and testing requirement in certain orders in respect of young

offenders

 264   Drug treatment and testing requirement in action plan order or supervision

order

Schedule 20 (which enables a requirement as to drug treatment and testing to

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be included in an action plan order or a supervision order) shall have effect.

Alteration of penalties for offences

 265   Alteration of penalties for specified summary offences

     (1)    The summary offences listed in Schedule 21 are no longer punishable with

imprisonment.

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     (2)    Schedule 22 (which contains amendments increasing the maximum term of

imprisonment for certain summary offences from 4 months or less to 51 weeks)

shall have effect.

     (3)    This section does not affect the penalty for any offence committed before the

commencement of this section.

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 266   Alteration of penalties for other summary offences

     (1)    Subsection (2) applies to any summary offence which—

           (a)           is an offence under a relevant enactment,

           (b)           is punishable with a maximum term of imprisonment of five months or

less, and

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           (c)           is not listed in Schedule 21 or Schedule 22.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing

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     (2)    The Secretary of State may by order amend any relevant enactment so as to—

           (a)           provide that any summary offence to which this subsection applies is

no longer punishable with imprisonment, or

           (b)           increase to 51 weeks the maximum term of imprisonment to which a

person is liable on conviction of the offence.

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     (3)    An order under subsection (2) may make such supplementary, incidental or

consequential provision as the Secretary of State considers necessary or

expedient, including provision amending any relevant enactment.

     (4)    Subsection (5) applies to any summary offence which—

           (a)           is an offence under a relevant enactment, and

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           (b)           is punishable with a maximum term of imprisonment of six months.

     (5)    The maximum term of imprisonment to which a person is liable on conviction

of an offence to which this subsection applies is, by virtue of this subsection, 51

weeks (and the relevant enactment in question is to be read as if it had been

amended accordingly).

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     (6)    Neither of the following—

           (a)           an order under subsection (2), or

           (b)           subsection (5),

            affects the penalty for any offence committed before the commencement of that

order or subsection (as the case may be).

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     (7)    In this section and section 267 “relevant enactment” means any enactment

contained in—

           (a)           an Act passed before or in the same Session as this Act, or

           (b)           any subordinate legislation made before the passing of this Act.

     (8)    In subsection (7) “subordinate legislation” has the same meaning as in the

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Interpretation Act 1978 (c. 30).

 267   Increase in maximum term that may be imposed on summary conviction of

offence triable either way

     (1)    In section 32 of the Magistrates’ Courts Act 1980 (c. 43) (penalties on summary

conviction for offences triable either way) in subsection (1) (offences listed in

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Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “not

exceeding the prescribed term”.

     (2)    In subsection (9) of that section after the definition of “the prescribed sum”

there is inserted—

                    ““the prescribed term”—

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                  (a)                 in the case of an offence committed before the commencement

of an order under section 148(a) of the Criminal Justice Act 2003

(power to increase general limit on magistrates’ power to

impose imprisonment), means 12 months, and

                  (b)                 in the case of an offence committed after that commencement,

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means 18 months;”.

     (3)    Subsection (4) applies to any offence triable either way which—

           (a)           is an offence under a relevant enactment,

           (b)           is punishable with imprisonment on summary conviction, and

           (c)           is not listed in Schedule 1 to the Magistrates’ Courts Act 1980.

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing

    152

 

     (4)    The maximum term of imprisonment to which a person is liable on summary

conviction of an offence to which this subsection applies is by virtue of this

subsection—

           (a)           where the offence is committed before the commencement of an order

under section 148(a), 12 months, and

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           (b)           where the offence is committed after that commencement, 18 months

or, if less, the maximum term of imprisonment to which he would be

liable on conviction on indictment of the offence,

            (and the relevant enactment in question is to be read as if it had been amended

accordingly).

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     (5)    Nothing in this section affects the penalty for any offence committed before the

commencement of this section.

 268   Enabling powers: power to alter maximum penalties

     (1)    The Secretary of State may by order, in accordance with subsection (2) or (3),

amend any relevant enactment which confers a power (however framed or

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worded) by subordinate legislation to make a person—

           (a)           as regards a summary offence, liable on conviction to a term of

imprisonment,

           (b)           as regards an offence triable either way, liable on summary conviction

to a term of imprisonment.

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     (2)    An order made by virtue of paragraph (a) of subsection (1) may amend the

relevant enactment in question so as to—

           (a)           restrict the power so that a person may no longer be made liable on

conviction of a summary offence to a term of imprisonment, or

           (b)           increase to 51 weeks the maximum term of imprisonment to which a

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person may be made liable on conviction of a summary offence under

the power.

     (3)    An order made by virtue of paragraph (b) of that subsection may amend the

relevant enactment in question so as to increase the maximum term of

imprisonment to which a person may be made liable on summary conviction

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of an offence under the power—

           (a)           where the offence is committed before the commencement of an order

under section 148(a), to 12 months, and

           (b)           where the offence is committed after that commencement, to 18 months

or, if less, the maximum term of imprisonment to which he would be

35

liable on conviction on indictment of the offence.

     (4)    Schedule 23 (which amends the maximum penalties which may be imposed by

virtue of certain enabling powers) shall have effect.

     (5)    The power conferred by subsection (1) shall not apply to the enactments

amended under Schedule 23.

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     (6)    An order under subsection (1) may make such supplementary, incidental or

consequential provision as the Secretary of State considers necessary or

expedient, including provision amending any relevant enactment.

     (7)    None of the following—

           (a)           an order under subsection (1), or

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           (b)           Schedule 23,

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing

    153

 

            affects the penalty for any offence committed before the commencement of that

order or Schedule (as the case may be).

     (8)    In subsection (1) “subordinate legislation” has the same meaning as in the

Interpretation Act 1978 (c. 30).

     (9)    In this section “relevant enactment” means any enactment contained in an Act

5

passed before or in the same Session as this Act.

 269   Increase in penalties for drug-related offences

     (1)    Schedule 24 (increase in penalties for certain drug-related offences) shall have

effect.

     (2)    That Schedule does not affect the penalty for any offence committed before the

10

commencement of that Schedule.

 270   Increase in penalties for certain driving-related offences causing death

     (1)    In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in

subsection (4), for ‘five years’ there is substituted ‘fourteen years’.

     (2)    Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution

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and punishment of offences) is amended in accordance with subsections (3)

and (4).

     (3)    In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing

death by dangerous driving), in column 4, for “10 years” there is substituted

“14 years”.

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     (4)    In the entry relating to section 3A of that Act (causing death by careless driving

when under influence of drink or drugs), in column 4, for “10 years” there is

substituted “14 years”.

     (5)    This section does not affect the penalty for any offence committed before the

commencement of this section.

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Firearms offences

 271   Minimum sentence for certain firearms offences

After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following

section—

       “51A            Minimum sentence for certain offences under s. 5

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           (1)           This section applies where—

                  (a)                 an individual is convicted of—

                        (i)                        an offence under section 5(1)(a), (ab), (aba), (ac), (ad),

(ae) or (c) of this Act, or

                        (ii)                       an offence under section 5(1A)(a) of this Act, and

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                  (b)                 the offence was committed after the commencement of this

section and at a time when he was aged 16 or over.

           (2)           The court shall impose an appropriate custodial sentence (or order for

detention) for a term of at least the required minimum term (with or

without a fine) unless the court is of the opinion that there are

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing

    154

 

exceptional circumstances relating to the offence or to the offender

which justify its not doing so.

           (3)           Where an offence is found to have been committed over a period of two

or more days, or at some time during a period of two or more days, it

shall be taken for the purposes of this section to have been committed

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on the last of those days.

           (4)           In this section “appropriate custodial sentence (or order for detention)”

means—

                  (a)                 in relation to England and Wales—

                        (i)                        in the case of an offender who is aged 18 or over when

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convicted, a sentence of imprisonment, and

                        (ii)                       in the case of an offender who is aged under 18 at that

time, a sentence of detention under section 91 of the

Powers of Criminal Courts (Sentencing) Act 2000;

                  (b)                 in relation to Scotland—

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                        (i)                        in the case of an offender who is aged 21 or over when

convicted, a sentence of imprisonment,

                        (ii)                       in the case of an offender who is aged under 21 at that

time (not being an offender mentioned in sub-paragraph

(iii)), a sentence of detention under section 207 of the

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Criminal Procedure (Scotland) Act 1995, and

                        (iii)                      in the case of an offender who is aged under 18 at that

time and is subject to a supervision requirement, an

order for detention under section 44, or sentence of

detention under section 208, of that Act.

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           (5)           In this section “the required minimum term” means—

                  (a)                 in relation to England and Wales—

                        (i)                        in the case of an offender who was aged 18 or over when

he committed the offence, five years, and

                        (ii)                       in the case of an offender who was under 18 at that time,

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three years, and

                  (b)                 in relation to Scotland—

                        (i)                        in the case of an offender who was aged 21 or over when

he committed the offence, five years, and

                        (ii)                       in the case of an offender who was aged under 21 at that

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time, three years.”

 272   Certain firearms offences to be triable only on indictment

In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and

punishment of offences) for the entries relating to offences under section 5(1)

(possessing or distributing prohibited weapons or ammunition) and section

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5(1A) (possessing or distributing other prohibited weapons) there is

substituted—

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing

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“Section

Possessing or

On indictment

10 years or a

  
 

5(1)(a), (ab),

distributing

 

fine, or both.

  
 

(aba), (ac),

prohibited

    
 

(ad), (ae) or (c)

weapons or

    
  

ammunition.

    

5

 

Section 5(1)(b)

Possessing or

(a) Summary

6 months or a

  
  

distributing

 

fine of the

  
  

prohibited

 

statutory

  
  

weapon

 

maximum, or

  
  

designed for

 

both.

  

10

  

discharge of

    
  

noxious liquid

    
  

etc.

    
   

(b) On indictment

10 years or a

  
    

fine or both.

  

15

 

Section

Possessing or

On indictment

10 years or a

  
 

5(1A)(a)

distributing

 

fine, or both.

  
  

firearm

    
  

disguised as

    
  

other object.

    

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Section

Possessing or

(a) Summary

6 months or a

  
 

5(1A)(b), (c),

distributing

 

fine of the

  
 

(d), (e), (f) or

other

 

statutory

  
 

(g)

prohibited

 

maximum, or

  
  

weapons.

 

both.

  

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(b) On indictment

10 years or a

  
    

fine, or both.”

  

 273   Power to sentence young offender to detention in respect of certain firearms

offences: England and Wales

     (1)    Section 91 of the Sentencing Act (offenders under 18 convicted of certain

30

serious offences: power to detain for specified period) is amended as follows.

     (2)    After subsection (1) there is inserted—

           “(1A)              Subsection (3) below also applies where—

                  (a)                 a person aged under 18 is convicted on indictment of an

offence—

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                        (i)                        under subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (c)

of section 5 of the Firearms Act 1968 (prohibited

weapons), or

                        (ii)                       under subsection (1A)(a) of that section,

                  (b)                 the offence was committed after the commencement of section

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51A of that Act and at a time when he was aged 16 or over, and

                  (c)                 the court is of the opinion mentioned in section 51A(2) of that

Act (exceptional circumstances which justify its not imposing

required custodial sentence).”

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 8 — Other provisions about sentencing

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     (3)    After subsection (4) there is inserted—

           “(5)              Where subsection (2) of section 51A of the Firearms Act 1968 requires

the imposition of a sentence of detention under this section for a term

of at least the required minimum term (within the meaning of that

section), the court shall sentence the offender to be detained for such

5

period, of at least that term but not exceeding the maximum term of

imprisonment with which the offence is punishable in the case of a

person aged 18 or over, as may be specified in the sentence.”.

 274   Power to sentence young offender to detention in respect of certain firearms

offences: Scotland

10

     (1)    The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.

     (2)    In section 49(3) (children’s hearing for purpose of obtaining advice as to

treatment of child), at the end there is added “except that where the

circumstances are such as are mentioned in paragraphs (a) and (b) of section

51A(1) of the Firearms Act 1968 it shall itself dispose of the case”.

15

     (3)    In section 208 (detention of children convicted on indictment), the existing

provisions become subsection (1); and after that subsection there is added—

           “(2)              Subsection (1) does not apply where the circumstances are such as are

mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms

Act 1968.”.

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 275   Power by order to exclude application of minimum sentence to those under 18

     (1)    The Secretary of State may by order—

           (a)           amend section 51A(1)(b) of the Firearms Act 1968 (c. 27) by substituting

for the word “16” the word “18”,

           (b)           repeal section 91(1A)(c) and (5) of the Sentencing Act,

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           (c)           amend subsection (3) of section 49 of the Criminal Procedure (Scotland)

Act 1995 by repealing the exception to that subsection,

           (d)           repeal section 208(2) of that Act, and

           (e)           make such other provision as he considers necessary or expedient in

consequence of, or in connection with, the provision made by virtue of

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paragraphs (a) to (d).

     (2)    The provision that may be made by virtue of subsection (1)(e) includes, in

particular, provision amending or repealing any provision of an Act

(whenever passed), including any provision of this Act.

 276   Increase in penalty for offences relating to importation or exportation of

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certain firearms

     (1)    The Customs and Excise Management Act 1979 (c. 2) is amended as follows.

     (2)    In section 50 (penalty for improper importation of goods), for subsection (5A)

there is substituted—

           “(5A)              In the case of an offence under subsection (2) or (3) above in connection

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with—

 

 

 
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