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Criminal Justice Bill


Criminal Justice Bill
Schedule 10 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order

    248

 

Amendment in relation to review of drug rehabilitation requirement

  16       Where the responsible officer is of the opinion that a suspended sentence

order imposing a drug rehabilitation requirement which is subject to review

should be so amended as to provide for each periodic review (required by

section 202) to be made without a hearing instead of at a review hearing, or

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vice versa, he must apply under paragraph 14 to the court responsible for the

order for the variation of the order.

Extension of unpaid work requirement

  17       Where—

              (a)             a suspended sentence order imposing an unpaid work requirement

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is in force in respect of the offender, and

              (b)             on the application of the offender or the responsible officer, it

appears to the magistrates’ court acting for the petty sessions area

concerned that it would be in the interests of justice to do so having

regard to circumstances which have arisen since the order was made,

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           the court may, in relation to the order, extend the period of twelve months

specified in section 191(2).

Supplementary

  18       No application may be made under paragraph 12, 14 or 17, and no order

may be made under paragraph 13, while an appeal against the suspended

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sentence is pending

  19      (1)      Subject to sub-paragraph (2), where a court proposes to exercise its powers

under paragraph 14, otherwise than on the application of the offender, the

court—

              (a)             must summon him to appear before the court, and

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              (b)             if he does not appear in answer to the summons, may issue a warrant

for his arrest.

          (2)      This paragraph does not apply to an order cancelling any community

requirement of a suspended sentence order.

  20       Paragraphs 7(2)(c) and 14(1)(b) have effect subject to the provisions

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mentioned in subsection (2) of section 182, and to subsections (3) and (5) of

that section.

  21      (1)      On the making under this Schedule of an order amending a suspended

sentence order, the proper officer of the court must—

              (a)             provide copies of the amending order to the offender and the

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responsible officer,

              (b)             in the case of an amending order which substitutes a new petty

sessions area, provide a copy of the amending order to—

                    (i)                   the local probation board acting for that area, and

                    (ii)                  the magistrates’ court acting for that area, and

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              (c)             in the case of an amending order which imposes or amends a

requirement specified in the first column of Schedule 11, provide a

copy of so much of the amending order as relates to that requirement

to the person specified in relation to that requirement in the second

column of that Schedule.

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Criminal Justice Bill
Schedule 11 — Persons to whom copies of requirements to be provided in particular cases

    249

 

          (2)      Where under sub-paragraph (1)(b) the proper officer of the court provides a

copy of an amending order to a magistrates’ court acting for a different area,

the officer must also provide to that court such documents and information

relating to the case as it considers likely to be of assistance to a court acting

for that area in the exercise of its functions in relation to the order.

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          (3)      In this paragraph “proper officer” means—

              (a)             in relation to a magistrates’ court, the justices’ chief executive for the

court; and

              (b)             in relation to the Crown Court, the appropriate officer.

Schedule 11

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Section 210

 

Persons to whom copies of requirements to be provided in particular cases

 

Requirement

Person to whom copy of requirement is to be

 
  

given

 
 

An activity requirement.

The person specified under section

 
  

192(1)(a).

 

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An exclusion requirement imposed for

The person intended to be protected.

 
 

the purpose (or partly for the purpose)

  
 

of protecting a person from being

  
 

approached by the offender.

  
 

A residence requirement relating to

The person in charge of the institution.

 

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residence in an institution.

  
 

A mental health treatment requirement.

The person specified under section

 
  

198(2)(c) or the person in charge of the

 
  

institution or place specified under

 
  

section 198(2)(a) or (b).

 

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A drug rehabilitation requirement.

The person in charge of the institution

 
  

or place specified under section

 
  

200(4)(a) or (b).

 
 

An alcohol treatment requirement.

The person specified under section

 
  

203(5)(c) or the person in charge of the

 

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institution or place specified under

 
  

section 203(5)(a) or (b).

 
 

An attendance centre requirement.

The officer in charge of the attendance

 
  

centre specified in the requirement.

 
 

An electronic monitoring requirement.

Any person who by virtue of section

 

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An electronic monitoring requirement.

Any person who by virtue of section

 

35

 

 

Criminal Justice Bill
Schedule 12 — Specified offences for purposes of Chapter 5 of Part 12
Part 1 — Specified violent offences

    250

 

Schedule 12

Section 215

 

Specified offences for purposes of Chapter 5 of Part 12

Part 1

Specified violent offences

  1        Manslaughter.

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  2        Kidnapping.

  3        False imprisonment.

  4        An offence under section 4 of the Offences against the Person Act 1861

(c. 100) (soliciting murder).

  5        An offence under section 16 of that Act (threats to kill).

10

  6        An offence under section 18 of that Act (wounding with intent to cause

grievous bodily harm).

  7        An offence under section 20 of that Act (malicious wounding).

  8        An offence under section 21 of that Act (attempting to choke, suffocate or

strangle in order to commit or assist in committing an indictable offence).

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  9        An offence under section 22 of that Act (using chloroform etc. to commit or

assist in the committing of any indictable offence).

  10       An offence under section 23 of that Act (maliciously administering poison

etc. so as to endanger life or inflict grievous bodily harm).

  11       An offence under section 27 of that Act (abandoning children).

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  12       An offence under section 28 of that Act (causing bodily injury by explosives).

  13       An offence under section 29 of that Act (using explosives etc. with intent to

do grievous bodily harm).

  14       An offence under section 30 of that Act (placing explosives with intent to do

bodily injury).

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  15       An offence under section 31 of that Act (setting spring guns etc. with intent

to do grievous bodily harm).

  16       An offence under section 32 of that Act (endangering the safety of railway

passengers).

  17       An offence under section 35 of that Act (injuring persons by furious driving).

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  18       An offence under section 37 of that Act (assaulting officer preserving wreck).

  19       An offence under section 38 of that Act (assault with intent to resist arrest).

  20       An offence under section 47 of that Act (assault occasioning actual bodily

harm).

  21       An offence under section 2 of the Explosive Substances Act 1883 (c. 3)

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(causing explosion likely to endanger life or property).

 

 

Criminal Justice Bill
Schedule 12 — Specified offences for purposes of Chapter 5 of Part 12
Part 1 — Specified violent offences

    251

 

  22       An offence under section 3 of that Act (attempt to cause explosion, or

making or keeping explosive with intent to endanger life or property).

  23       An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34)

(child destruction).

  24       An offence under section 1 of the Children and Young Persons Act 1933

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(c. 12) (cruelty to children).

  25       An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).

  26       An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of

firearm with intent to endanger life).

  27       An offence under section 16A of that Act (possession of firearm with intent

10

to cause fear of violence).

  28       An offence under section 17(1) of that Act (use of firearm to resist arrest).

  29       An offence under section 17(2) of that Act (possession of firearm at time of

committing or being arrested for offence specified in Schedule 1 to that Act).

  30       An offence under section 18 of that Act (carrying a firearm with criminal

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intent).

  31       An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault

with intent to rob).

  32       An offence under section 9 of that Act of burglary with intent to—

              (a)             inflict grievous bodily harm on a person, or

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              (b)             do unlawful damage to a building or anything in it.

  33       An offence under section 10 of that Act (aggravated burglary).

  34       An offence under section 12A of that Act (aggravated vehicle-taking)

involving an accident which caused the death of any person.

  35       An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).

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  36       An offence under section 1(2) of that Act (destroying or damaging property)

other than an offence of arson.

  37       An offence under section 1 of the Taking of Hostages Act 1982 (c. 28)

(hostage-taking).

  38       An offence under section 1 of the Aviation Security Act 1982 (c. 36)

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(hijacking).

  39       An offence under section 2 of that Act (destroying, damaging or

endangering safety of aircraft).

  40       An offence under section 3 of that Act (other acts endangering or likely to

endanger safety of aircraft).

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  41       An offence under section 4 of that Act (offences in relation to certain

dangerous articles).

  42       An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-

treatment of patients).

 

 

Criminal Justice Bill
Schedule 12 — Specified offences for purposes of Chapter 5 of Part 12
Part 1 — Specified violent offences

    252

 

  43       An offence under section 1 of the Prohibition of Female Circumcision Act

1985 (c. 38) (prohibition of female circumcision).

  44       An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).

  45       An offence under section 2 of that Act (violent disorder).

  46       An offence under section 3 of that Act (affray).

5

  47       An offence under section 134 of the Criminal Justice Act 1988 (c. 33)

(torture).

  48       An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death

by dangerous driving).

  49       An offence under section 3A of that Act (causing death by careless driving

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when under influence of drink or drugs).

  50       An offence under section 1 of the Aviation and Maritime Security Act 1990

(c. 31) (endangering safety at aerodromes).

  51       An offence under section 9 of that Act (hijacking of ships).

  52       An offence under section 10 of that Act (seizing or exercising control of fixed

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platforms).

  53       An offence under section 11 of that Act (destroying fixed platforms or

endangering their safety).

  54       An offence under section 12 of that Act (other acts endangering or likely to

endanger safe navigation).

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  55       An offence under section 13 of that Act (offences involving threats).

  56       An offence under section 4 of the Protection from Harassment Act 1997

(c. 40) (putting people in fear of violence).

  57       An offence under section 29 of the Crime and Disorder Act 1998 (c. 37)

(racially or religiously aggravated assaults).

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  58       An offence falling within section 31(1)(a) or (b) of that Act (racially or

religiously aggravated offences under section 4 or 4A of the Public Order

Act 1986).

  59       An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I.

1994/570) (offences relating to Channel Tunnel trains and the tunnel

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system).

  60       An offence under section 51 or 52 of the International Criminal Court Act

2001 (c. 17) (genocide, crimes against humanity, war crimes and related

offences), other than one involving murder.

  61       An offence of—

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              (a)             aiding, abetting, counselling, procuring or inciting the commission

of an offence specified in this Part of this Schedule,

              (b)             conspiring to commit an offence so specified, or

              (c)             attempting to commit an offence so specified.

  62       An attempt to commit murder or a conspiracy to commit murder.

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Criminal Justice Bill
Schedule 12 — Specified offences for purposes of Chapter 5 of Part 12
Part 2 — Specified sexual offences

    253

 

Part 2

Specified sexual offences

  63       An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).

  64       An offence under section 2 of that Act (procurement of woman by threats).

  65       An offence under section 3 of that Act (procurement of woman by false

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pretences).

  66       An offence under section 4 of that Act (administering drugs to obtain or

facilitate intercourse).

  67       An offence under section 5 of that Act (intercourse with girl under thirteen).

  68       An offence under section 6 of that Act (intercourse with girl under 16).

10

  69       An offence under section 7 of that Act (intercourse with a defective).

  70       An offence under section 9 of that Act (procurement of a defective).

  71       An offence under section 10 of that Act (incest by a man).

  72       An offence under section 11 of that Act (incest by a woman).

  73       An offence under section 14 of that Act (indecent assault on a woman).

15

  74       An offence under section 15 of that Act (indecent assault on a man).

  75       An offence under section 16 of that Act (assault with intent to commit

buggery).

  76       An offence under section 17 of that Act (abduction of woman by force or for

the sake of her property).

20

  77       An offence under section 19 of that Act (abduction of unmarried girl under

eighteen from parent or guardian).

  78       An offence under section 20 of that Act (abduction of unmarried girl under

sixteen from parent or guardian).

  79       An offence under section 21 of that Act (abduction of defective from parent

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or guardian).

  80       An offence under section 22 of that Act (causing prostitution of women).

  81       An offence under section 23 of that Act (procuration of girl under twenty-

one).

  82       An offence under section 24 of that Act (detention of woman in brothel).

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  83       An offence under section 25 of that Act (permitting girl under thirteen to use

premises for intercourse).

  84       An offence under section 26 of that Act (permitting girl under sixteen to use

premises for intercourse).

  85       An offence under section 27 of that Act (permitting defective to use premises

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for intercourse).

 

 

Criminal Justice Bill
Schedule 13 — Scottish offences specified for the purposes of section 220(4)

    254

 

  86       An offence under section 28 of that Act (causing or encouraging the

prostitution of, intercourse with or indecent assault on girl under sixteen).

  87       An offence under section 29 of that Act (causing or encouraging prostitution

of defective).

  88       An offence under section 32 of that Act (soliciting by men).

5

  89       An offence under section 128 of the Mental Health Act 1959 (c. 72) (sexual

intercourse with patients).

  90       An offence under section 1 of the Indecency with Children Act 1960 (c. 33)

(indecent conduct towards young child).

  91       An offence under section 4 of the Sexual Offences Act 1967 (c. 60) (procuring

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others to commit homosexual acts).

  92       An offence under section 5 of that Act (living on earnings of male

prostitution).

  93       An offence under section 9 of the Theft Act 1968 (c. 60) of burglary with

intent to commit rape.

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  94       An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl

under sixteen to have incestuous sexual intercourse).

  95       An offence under section 1 of the Protection of Children Act 1978 (c. 37)

(indecent photographs of children).

  96       An offence under section 170 of the Customs and Excise Management Act

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1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods

prohibited to be imported under section 42 of the Customs Consolidation

Act 1876 (c. 36) (indecent or obscene articles).

  97       An offence under section 160 of the Criminal Justice Act 1988 (c. 33)

(possession of indecent photograph of a child).

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  98       An offence of—

              (a)             aiding, abetting, counselling, procuring or inciting the commission

of an offence specified in this Part of this Schedule,

              (b)             conspiring to commit an offence so specified, or

              (c)             attempting to commit an offence so specified.

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Schedule 13

Section 220

 

Scottish offences specified for the purposes of section 220(4)

  1        Rape.

  2        Clandestine injury to women.

  3        Abduction of woman or girl with intent to rape or ravish.

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  4        Assault with intent to rape or ravish.

  5        Indecent assault.

 

 

 
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