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Criminal Justice Bill


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

    157

 

                  (a)                 a prohibition or restriction on the importation of a firearm

falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) or

(1A)(a) of the Firearms Act 1968, or

                  (b)                 the prohibition contained in section 20 of the Forgery and

Counterfeiting Act 1981,

5

                         subsection (4)(b) above shall have effect as if for the words “7 years”

there were substituted the words “10 years”.”

     (3)    In section 68 (offences in relation to exportation of prohibited or restricted

goods) for subsection (4A) there is substituted—

           “(4A)              In the case of an offence under subsection (2) above in connection

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with—

                  (a)                 a prohibition or restriction on the exportation of a firearm

falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) or

(1A)(a) of the Firearms Act 1968, or

                  (b)                 the prohibition contained in section 21 of the Forgery and

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Counterfeiting Act 1981,

                         subsection (3)(b) above shall have effect as if for the words “7 years”

there were substituted the words “10 years”.”

     (4)    In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A)

there is substituted—

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           “(4A)              In the case of an offence under this section in connection with—

                  (a)                 a prohibition or restriction on the importation or exportation of

a firearm falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae)

or (c) or (1A)(a) of the Firearms Act 1968, or

                  (b)                 the prohibitions contained in sections 20 and 21 of the Forgery

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and Counterfeiting Act 1981,

                         subsection (3)(b) above shall have effect as if for the words “7 years”

there were substituted the words “10 years”.”

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

commencement of this section.

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Term of detention and training order

 277   Term of detention and training order

     (1)    Section 101 of the Sentencing Act (which relates to detention and training

orders) is amended as follows.

     (2)    In subsection (1), for “subsection (2)” there is substituted “subsections (2) and

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(2A)”.

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

           “(2A)              Where—

                  (a)                 the offence is a summary offence,

                  (b)                 the maximum term of imprisonment that a court could (in the

40

case of an offender aged 18 or over) impose for the offence is 51

weeks,

                         the term of a detention and training order may not exceed 6 months.”

 

 

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

    158

 

Fine defaulters

 278   Power to impose unpaid work requirement or curfew requirement on fine

defaulter

     (1)    Subsection (2) applies in any case where, in respect of a person aged 16 or over,

a magistrates’ court—

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           (a)           has power under Part 3 of the Magistrates’ Courts Act 1980 (c. 43) to

issue a warrant of commitment for default in paying a sum adjudged to

be paid by a conviction (other than a sum ordered to be paid under

section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

           (b)           would, but for section 89 of the Sentencing Act (restrictions on custodial

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sentences for persons under 18), have power to issue such a warrant for

such default.

     (2)    The magistrates’ court may, instead of issuing a warrant of commitment or, as

the case may be, proceeding under section 81 of the Magistrates’ Courts Act

1980 (enforcement of fines imposed on young offender), order the person in

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default to comply with—

           (a)           an unpaid work requirement (as defined by section 190), or

           (b)           a curfew requirement (as defined by section 195).

     (3)    In this Part “default order” means an order under subsection (2).

     (4)    Subsections (3) and (4) of section 170 (which relate to electronic monitoring)

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have effect in relation to a default order as they have effect in relation to a

community order.

     (5)    Where a magistrates’ court has power to make a default order, it may, if it

thinks it expedient to do so, postpone the making of the order until such time

and on such conditions (if any) as it thinks just.

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     (6)    Schedule 7 (breach, revocation or amendment of community order), Schedule

8 (transfer of community orders to Scotland or Northern Ireland) and Chapter

4 (further provisions about orders under Chapters 2 and 3) have effect in

relation to default orders as they have effect in relation to community orders,

but subject to the modifications contained in Schedule 25.

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     (7)    Where a default order has been made for default in paying any sum—

           (a)           on payment of the whole sum to any person authorised to receive it, the

order shall cease to have effect, and

           (b)           on payment of a part of the sum to any such person, the total number

of hours or days to which the order relates is to be taken to be reduced

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by a proportion corresponding to that which the part paid bears to the

whole sum.

     (8)    In calculating any reduction required by subsection (7)(b), any fraction of a day

or hour is to be disregarded.

 279   Fine defaulters: driving disqualification

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     (1)    Subsection (2) applies in any case where a magistrates’ court—

           (a)           has power under Part 3 of the Magistrates’ Courts Act 1980 to issue a

warrant of commitment for default in paying a sum adjudged to be

paid by a conviction (other than a sum ordered to be paid under section

6 of the Proceeds of Crime Act 2002), or

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 9 — Supplementary

    159

 

           (b)           would, but for section 89 of the Sentencing Act (restrictions on custodial

sentences for persons under 18), have power to issue such a warrant for

such default.

     (2)    The magistrates’ court may, instead of issuing a warrant of commitment or, as

the case may be, proceeding under section 81 of the Magistrates’ Courts Act

5

1980 (c. 43) (enforcement of fines imposed on young offenders), order the

person in default to be disqualified, for such period not exceeding twelve

months as it thinks fit, for holding or obtaining a driving licence.

     (3)    Where an order has been made under subsection (2) for default in paying any

sum—

10

           (a)           on payment of the whole sum to any person authorised to receive it, the

order shall cease to have effect, and

           (b)           on payment of part of the sum to any such person, the total number of

weeks or months to which the order relates is to be taken to be reduced

by a proportion corresponding to that which the part paid bears to the

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whole sum.

     (4)    In calculating any reduction required by subsection (3)(b) any fraction of a

week or month is to be disregarded.

     (5)    The Secretary of State may by order amend subsection (2) by substituting, for

the period there specified, such other period as may be specified in the order.

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     (6)    A court which makes an order under this section disqualifying a person for

holding or obtaining a driving licence shall require him to produce any such

licence held by him together with its counterpart.

     (7)    In this section—

                    “driving licence” means a licence to drive a motor vehicle granted under

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Part 3 of the Road Traffic Act 1988 (c. 52);

                    “counterpart”, in relation to a driving licence, has the meaning given in

relation to such a licence by section 108(1) of that Act.

Chapter 9

Supplementary

30

 280   Execution of process between England and Wales and Scotland

Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of

process of English and Welsh courts in Scotland) applies to any process issued

by a magistrates’ court under—

                      paragraph 7(2) or (4), 13(6) or 25(1) of Schedule 7,

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                      paragraph 12 of Schedule 8,

                      paragraph 8(1) of Schedule 9, or

                      paragraph 5(1) or (3), 11(1) or 19(1) of Schedule 10,

            as it applies to process issued under the Magistrates’ Courts Act 1980 by a

magistrates’ court.

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 281   Sentencing: repeals

The following enactments (which are superseded by the provisions of this Part)

shall cease to have effect—

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 9 — Supplementary

    160

 

           (a)           Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners),

           (b)           in the Crime (Sentences) Act 1997 (c. 43)—

                  (i)                 section 29 (power of Secretary of State to release life prisoners to

whom section 28 of that Act does not apply),

                  (ii)                section 33 (transferred prisoners), and

5

                  (iii)               sections 35 and 40 (fine defaulters),

           (c)           sections 80 to 82 of the Crime and Disorder Act 1998 (c. 37) (sentencing

guidelines), and

           (d)           in the Sentencing Act—

                  (i)                 Chapter 3 of Part 4 (community orders available only where

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offender 16 or over),

                  (ii)                section 85 (sexual or violent offences: extension of custodial

term for licence purposes),

                  (iii)               sections 87 and 88 (remand in custody),

                  (iv)                section 109 (life sentence for second serious offence), and

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                  (v)                 Chapter 5 of Part 5 (suspended sentences).

 282   Amendments relating to sentencing

Schedule 26 (which contains amendments related to the provisions of this Part)

shall have effect.

 283   Interpretation of Part 12

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     (1)    In this Part, except where the contrary intention appears—

                    “accredited programme” has the meaning given by section 193(2);

                    “activity requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 192;

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                    “alcohol treatment requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 203;

                    “the appropriate officer of the court” means, in relation to a magistrates’

court, the clerk of the court;

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                    “associated”, in relation to offences, is to be read in accordance with

section 161(1) of the Sentencing Act;

                    “attendance centre” has the meaning given by section 212(2);

                    “attendance centre requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

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order, has the meaning given by section 205;

                    “community order” has the meaning given by section 170(1);

                    “community requirement”, in relation to a suspended sentence order, has

the meaning given by section 181(7);

                    “community sentence” has the meaning given by section 139(1);

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                    “court” (without more) does not include a service court;

                    “curfew requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 195;

                    “custodial sentence” has the meaning given by section 76 of the

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Sentencing Act;

                    “custody plus order” has the meaning given by section 174(4);

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 9 — Supplementary

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                    “default order” has the meaning given by section 278(3);

                    “drug rehabilitation requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 200;

                    “electronic monitoring requirement”, in relation to a community order,

5

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 206;

                    “exclusion requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 196;

10

                    “guardian” has the same meaning as in the Children and Young Persons

Act 1933 (c. 12);

                    “intermittent custody order” has the meaning given by section 176(2);

                    “licence” means a licence under Chapter 6;

                    “local probation board” means a local probation board established under

15

section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

                    “mental health treatment requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 198;

                    “pre-sentence report” has the meaning given by section 151(1);

20

                    “programme requirement”, in relation to a community order, custody

plus order, intermittent custody order or suspended sentence order,

has the meaning given by section 193;

                    “prohibited activity requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

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order, has the meaning given by section 194;

                    “residence requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 197;

                    “responsible officer”, in relation to an offender to whom a community

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order, a custody plus order, an intermittent custody order or a

suspended sentence order relates, has the meaning given by section

188;

                    “sentence of imprisonment” does not include a committal—

                  (a)                 in default of payment of any sum of money,

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                  (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 are to be read

accordingly;

40

                    “the Sentencing Act” means the Powers of Criminal Courts (Sentencing)

Act 2000 (c. 6);

                    “service court” means—

                  (a)                 a court-martial constituted under the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or

45

the Naval Discipline Act 1957 (c. 53);

                  (b)                 a summary appeal court constituted under section 83ZA of the

Army Act 1955, section 83ZA of the Air Force Act 1955 or

section 52FF of the Naval Discipline Act 1957;

                  (c)                 the Courts-Martial Appeal Court; or

50

                  (d)                 a Standing Civilian Court;

 

 

Criminal Justice Bill
Part 13 — Miscellaneous

    162

 

                    “service disciplinary proceedings” means—

                  (a)                 any proceedings under the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval

Discipline Act 1957 (c. 53) (whether before a court-martial or

any other court or person authorised under any of those Acts to

5

award a punishment in respect of any offence), and

                  (b)                 any proceedings before a Standing Civilian Court;

                    “supervision requirement”, in relation to a community order, custody

plus order, intermittent custody order or suspended sentence order,

has the meaning given by section 204;

10

                    “suspended sentence” and “suspended sentence order” have the meaning

given by section 181(7);

                    “unpaid work requirement”, in relation to a community order, custody

plus order, intermittent custody order or suspended sentence order,

has the meaning given by section 190;

15

                    “youth offending team” means a team established under section 39 of the

Crime and Disorder Act 1998 (c. 37).

     (2)    For the purposes of any provision of this Part which requires the determination

of the age of a person by the court or the Secretary of State, his age is to be taken

to be that which it appears to the court or (as the case may be) the Secretary of

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State to be after considering any available evidence.

     (3)    Any reference in this Part to an offence punishable with imprisonment is to be

read without regard to any prohibition or restriction imposed by or under any

Act on the imprisonment of young offenders.

     (4)    For the purposes of this Part—

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           (a)           a sentence falls to be imposed under subsection (2) of section 51A of the

Firearms Act 1968 (c. 27) if it is required by that subsection and the

court is not of the opinion there mentioned,

           (b)           a sentence falls to be imposed under section 110(2) or 111(2) of the

Sentencing Act if it is required by that provision and the court is not of

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the opinion there mentioned,

           (c)           a sentence falls to be imposed under section 216 or 218 if, because the

court is of the opinion mentioned in subsection (1)(b) of that section, the

court is obliged to pass a sentence complying with that section,

           (d)           a sentence falls to be imposed under section 217 if, because the court is

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of the opinion mentioned in subsection (1)(b) of that section and

considers that the case falls within subsection (2) or (3) of that section,

the court is obliged to pass a sentence complying with that section, and

           (e)           a sentence falls to be imposed under section 219 if, because the court is

of the opinion mentioned in subsection (1)(b)(i) and (ii) of that section,

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the court is obliged to pass a sentence complying with that section.

Part 13

Miscellaneous

Detention of suspected terrorists

 284   Limit on period of detention without charge of suspected terrorists

45

     (1)    Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is amended as follows.

 

 

Criminal Justice Bill
Part 13 — Miscellaneous

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     (2)    At the beginning of paragraph 29(3) (duration of warrants of further detention)

there is inserted “Subject to paragraph 36(3A),”.

     (3)    In sub-paragraph (3) of paragraph 36 (extension of warrants)—

           (a)           at the beginning there is inserted “Subject to sub-paragraph (3A),”, and

           (b)           for the words from “beginning” onwards there is substituted

5

“beginning with the relevant time”.

     (4)    After that sub-paragraph there is inserted—

        “(3A)                               Where the period specified in a warrant of further detention—

                    (a)                   ends at the end of the period of seven days beginning with

the relevant time, or

10

                    (b)                   by virtue of a previous extension (or further extension) under

this sub-paragraph, ends after the end of that period,

                                       the specified period may, on an application under this paragraph, be

extended or further extended to a period ending not later than the

end of the period of fourteen days beginning with the relevant time.

15

        (3B)                               In this paragraph “the relevant time”, in relation to a person,

means—

                    (a)                   the time of his arrest under section 41, or

                    (b)                   if he was being detained under Schedule 7 when he was

arrested under section 41, the time when his examination

20

under that Schedule began.”

Miscellaneous provisions about criminal proceedings

 285   Non-appearance of defendant: plea of guilty

In section 12 of the Magistrates’ Courts Act 1980 (c. 43) (non-appearance of

accused: plea of guilty) subsection (1)(a)(i) (which excludes offences

25

punishable with imprisonment for term exceeding 3 months) is omitted.

 286   Preparatory hearings for serious offences not involving fraud

In section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25)

(power to order preparatory hearings) in subsection (1) (preparatory hearing

may be held in complex or lengthy trial) after “complexity” there is inserted “a

30

case of such seriousness”.

 287   Preparatory hearings to deal with severance and joinder of charges

     (1)    In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the

purposes of preparatory hearings in fraud cases) after paragraph (d) there is

inserted “or

35

                  “(e)                    considering questions as to the severance or joinder of charges.”

     (2)    In section 9(3) of that Act (determinations as to the admissibility of evidence

etc) after paragraph (c) there is inserted “and

                  (d)                    any question as to the severance or joinder of charges.”

     (3)    In section 9(11) of that Act (appeals against orders or rulings under section

40

9(3)(b) or (c)) for “or (c)” there is substituted “(c) or (d)”.

 

 

 
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