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Criminal Justice Bill


Criminal Justice Bill
Schedule 22 — Increase in maximum term for certain summary offences

    294

 

London Local Authorities Act 1995 (c. x)

  46       In section 24 of the London Local Authorities Act 1995 (enforcement), in

subsection (1), for “three months” there is substituted “51 weeks”.

Police Act 1996 (c. 16)

  47       In section 89 of the Police Act 1996 (assaults on constables etc.), in subsection

5

(2), for “one month” there is substituted “51 weeks”.

Treasure Act 1996 (c. 24)

  48       In section 8 of the Treasure Act 1996 (duty of finder of treasure to notify

coroner), in subsection (3)(a), for “three months” there is substituted “51

weeks”.

10

Education Act 1996 (c. 56)

  49      (1)      The Education Act 1996 is amended as follows.

          (2)      In section 444 (failure to secure regular attendance at school), in subsection

(8A)(b), for “three months” there is substituted “51 weeks”.

          (3)      In section 559 (prohibition or restriction on employment of children), in

15

subsection (4)(b), for “one month” there is substituted “51 weeks”.

Government of Wales Act 1998 (c. 38)

  50       In section 75 of the Government of Wales Act 1998 (witnesses and

documents: supplementary), in subsection (3)(b), for “three months” there is

substituted “51 weeks”.

20

Access to Justice Act 1999 (c. 22)

  51       In section 21 of the Access to Justice Act 1999 (misrepresentation etc), in

subsection (2)(b), for “three months” there is substituted “51 weeks”.

Greater London Authority Act 1999 (c. 29)

  52       In section 64 of the Greater London Authority Act 1999 (failure to attend

25

proceedings etc), in subsection (2)(b), for “three months” there is substituted

“51 weeks”.

Immigration and Asylum Act 1999 (c. 33)

  53      (1)      The Immigration and Asylum Act 1999 is amended as follows.

          (2)      In section 105 (false representation), in subsection (2), for “three months”

30

there is substituted “51 weeks”.

          (3)      In section 108 (failure of sponsor to maintain), in subsection (2), for “3

months” there is substituted “51 weeks”.

Financial Services and Markets Act 2000 (c. 8)

  54      (1)      The Financial Services and Markets Act 2000 is amended as follows.

35

 

 

Criminal Justice Bill
Schedule 22 — Increase in maximum term for certain summary offences

    295

 

          (2)      In section 177 (offences), in subsection (6), for “three months” there is

substituted “51 weeks”.

          (3)      In section 352 (offences), in subsection (5), for “three months” there is

substituted “51 weeks”.

Terrorism Act 2000 (c. 11)

5

  55      (1)      The Terrorism Act 2000 is amended as follows.

          (2)      In section 36 (police powers), in subsection (4)(a), for “three months” there is

substituted “51 weeks”.

          (3)      In section 51 (offences in relation to parking), in subsection (6)(a), for “three

months” there is substituted “51 weeks”.

10

          (4)      In Schedule 5 (terrorist investigations: information)—

              (a)             in paragraph 3(8)(a), and

              (b)             in paragraph 15(5)(a),

                   for “three months” there is substituted “51 weeks”.

          (5)      In Schedule 7 (ports and border controls), in paragraph 18(2)(a), for “three

15

months” there is substituted “51 weeks”.

Criminal Justice and Police Act 2001 (c. 16)

  56      (1)      The Criminal Justice and Police Act 2001 is amended as follows.

          (2)      In section 25 (enforcement of closure orders)—

              (a)             in subsection (3)(a), for “one month” there is substituted “51 weeks”,

20

and

              (b)             in subsections (4) and (5), for “three months” there is substituted “51

weeks”.

          (3)      In section 42 (prevention of intimidation), in subsection (7), for “three

months” there is substituted “51 weeks”.

25

Police Reform Act 2002 (c. 30)

  57       In section 46 of the Police Reform Act 2002 (offences against designated and

accredited persons etc.), in subsection (2), for “one month” there is

substituted “51 weeks”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

30

  58       In section 137 of the Nationality, Immigration and Asylum Act 2002

(offences relating to the disclosure of information), in subsection (2)(a), for

“three months” there is substituted “51 weeks”.

 

 

Criminal Justice Bill
Schedule 23 — Enabling powers: alteration of maximum penalties etc.

    296

 

Schedule 23

Section 268

 

Enabling powers: alteration of maximum penalties etc.

Plant Health Act 1967 (c. 8)

  1       (1)      Section 3 of the Plant Health Act 1967 (control of spread of pests in Great

Britain) is amended as follows.

5

          (2)      In subsection (4A), for “three months” there is substituted “the prescribed

term”.

          (3)      After that subsection there is inserted—

              “(4B)                In subsection (4A) above, “the prescribed term” means—

                    (a)                   in relation to England and Wales, 51 weeks,

10

                    (b)                   in relation to Scotland, three months.”

Agriculture Act 1967 (c. 22)

  2       (1)      Section 9 of the Agriculture Act 1967 (powers to meet future developments

in livestock and livestock products industries) is amended as follows.

          (2)      In subsection (10), for “three months” there is substituted “the prescribed

15

term”.

          (3)      After that subsection there is inserted—

              “(10A)                In subsection (10), “the prescribed term” means—

                    (a)                   in relation to England and Wales, 51 weeks,

                    (b)                   in relation to Scotland, three months.”

20

European Communities Act 1972 (c. 68)

  3       (1)      Paragraph 1 of Schedule 2 to the European Communities Act 1972

(provisions as to powers conferred by section 2(2)) is amended as follows.

          (2)      In sub-paragraph (1)(d), for “three months” there is substituted “the

prescribed term”.

25

          (3)      After sub-paragraph (2) there is inserted—

          “(3)                                   In sub-paragraph (1)(d), “the prescribed term” means—

                      (a)                     in relation to England and Wales, where the offence is a

summary offence, 51 weeks,

                      (b)                     in relation to England and Wales, where the offence is

30

triable either way—

                             (i)                            for offences 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), 12

35

months, and

                             (ii)                           for offences committed after that commencement,

18 months or, if less, the maximum term of

imprisonment to which the offender would be

liable on conviction on indictment of the offence,

40

 

 

Criminal Justice Bill
Schedule 23 — Enabling powers: alteration of maximum penalties etc.

    297

 

                      (c)                     in relation to Scotland and Northern Ireland, three

months.”

Slaughterhouses Act 1974 (c. 3)

  4        In section 38(5) of the Slaughterhouses Act 1974 (maximum penalties to be

prescribed by regulations), the words “or imprisonment for a term of three

5

months or both” are omitted.

Anatomy Act 1984 (c. 14)

  5       (1)      Section 11 of the Anatomy Act 1984 (offences) is amended as follows.

          (2)      In subsection (7), for “3 months” there is substituted “the prescribed term”.

          (3)      After that subsection there is inserted—

10

              “(7A)                In subsection (7), “the prescribed term” means—

                    (a)                   in relation to England and Wales, 51 weeks,

                    (b)                   in relation to Scotland, 3 months.”

Environmental Protection Act 1990 (c. 43)

  6       (1)      Section 141 of the Environmental Protection Act 1990 (power to prohibit or

15

restrict the importation or exportation of waste) is amended as follows.

          (2)      In paragraph (g) of subsection (5), for “six months” there is substituted “the

prescribed term”.

          (3)      After that subsection there is inserted—

              “(5A)                In subsection (5)(g), “the prescribed term” means—

20

                    (a)                   in relation to England and Wales, where the offence is a

summary offence, 51 weeks,

                    (b)                   in relation to England and Wales, where the offence is triable

either way—

                           (i)                          for offences committed before the commencement of

25

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

Act 2003 (power to increase general limit on

magistrates’ power to impose imprisonment), 12

months, and

                           (ii)                         for offences committed after that commencement, 18

30

months or, if less, the maximum term of

imprisonment to which the offender would be liable

on conviction on indictment of the offence,

                    (c)                   in relation to Scotland and Northern Ireland, six months.”

Scotland Act 1998 (c. 46)

35

  7       (1)               Section 113 of the Scotland Act 1998 (subordinate legislation: scope of

powers) is amended as follows.

          (2)      In paragraph (a) of subsection (10), for “three months” there is substituted

“the prescribed term”.

 

 

Criminal Justice Bill
Schedule 24 — Increase in penalties for drug-related offences

    298

 

          (3)      After that subsection there is inserted—

              “(10A)                In subsection (10)(a), “the prescribed term” means—

                    (a)                   in relation to England and Wales, where the offence is a

summary offence, 51 weeks,

                    (b)                   in relation to England and Wales, where the offence is triable

5

either way—

                           (i)                          for offences 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), 12

10

months, and

                           (ii)                         for offences committed after that commencement, 18

months or, if less, the maximum term of

imprisonment to which the offender would be liable

on conviction on indictment of the offence,

15

                    (c)                   in relation to Scotland and Northern Ireland, three months.”

Regulatory Reform Act 2001 (c. 6)

  8       (1)      Section 3 of the Regulatory Reform Act 2001 (limitations on order-making

power) is amended as follows.

          (2)      In paragraph (b) of subsection (3), for “six months” there is substituted “the

20

prescribed term”.

          (3)      After that subsection there is inserted—

              “(3A)                In subsection (3)(b), “the prescribed term” means—

                    (a)                   in relation to England and Wales, where the offence is a

summary offence, 51 weeks,

25

                    (b)                   in relation to England and Wales, where the offence is triable

either way—

                           (i)                          for offences committed before the commencement of

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

Act 2003 (power to increase general limit on

30

magistrates’ power to impose imprisonment), 12

months, and

                           (ii)                         for offences committed after that commencement, 18

months or, if less, the maximum term of

imprisonment to which the offender would be liable

35

on conviction on indictment of the offence,

                    (c)                   in relation to Scotland and Northern Ireland, six months.”

Schedule 24

Section 269

 

Increase in penalties for drug-related offences

Misuse of Drugs Act 1971 (c. 38)

40

  1       (1)      Schedule 4 to the Misuse of Drugs Act 1971 (prosecution and punishment of

offences) is amended as follows.

 

 

Criminal Justice Bill
Schedule 25 — Default orders: modification of provisions relating to community orders

    299

 

          (2)      In column 6 of that Schedule (punishments for offences under that Act

committed in relation to Class C drugs), in each of the following entries, for

“5 years” there is substituted “14 years”.

          (3)      Those entries are the entries relating to the punishment, on conviction on

indictment, of offences under the following provisions of that Act—

5

              (a)             section 4(2) (production, or being concerned in the production, of a

controlled drug),

              (b)             section 4(3) (supplying or offering to supply a controlled drug or

being concerned in the doing of either activity by another),

              (c)             section 5(3) (having possession of a controlled drug with intent to

10

supply it to another),

              (d)             section 8 (being the occupier, or concerned in the management, of

premises and permitting or suffering certain activities to take place

there),

              (e)             section 12(6) (contravention of direction prohibiting practitioner etc

15

from possessing, supplying etc controlled drugs), and

              (f)             section 13(3) (contravention of direction prohibiting practitioner etc

from prescribing, supplying etc controlled drugs).

Customs and Excise Management Act 1979 (c. 2)

  2        In Schedule 1 to the Customs and Excise Management Act 1979 (controlled

20

drugs: variation of punishments for certain offences under that Act), in

paragraph 2(c) (punishment on conviction on indictment of offences under

that Act committed in relation to Class C drugs), for “5 years” there is

substituted “14 years”.

Criminal Justice (International Co-operation) Act 1990 (c. 5)

25

  3        In section 19 of the Criminal Justice (International Co-operation) Act 1990

(ships used for illicit traffic), in subsection (4)(c)(ii) (punishment on

conviction on indictment of offences under that section committed in

relation to Class C drugs), for “five years” there is substituted “fourteen

years”.

30

Schedule 25

Section 278

 

Default orders: modification of provisions relating to community orders

General

  1        Any reference to the offender is, in relation to a default order, to be read as

a reference to the person in default.

35

Unpaid work requirement

  2       (1)      In its application to a default order, section 190 (unpaid work requirement)

is modified as follows.

          (2)      In subsection (2), for paragraphs (a) and (b) there is substituted—

                    “(a)                      not less than 20 hours, and

40

 

 

Criminal Justice Bill
Schedule 25 — Default orders: modification of provisions relating to community orders

    300

 

                    (b)                      in the case of an amount in default which is specified in the

first column of the following Table, not more than the

number of hours set out opposite that amount in the second

column.

 

Amount

Number of

 

5

  

Hours

 
 

An amount not exceeding

40 hours

 
 

£200

  
 

An amount exceeding £200

60 hours

 
 

but not exceeding £500

  

10

 

An amount exceeding £500

100 hours”

 

          (3)      Subsection (5) is omitted.

Curfew requirement

  3       (1)      In its application to a default order, section 195 (curfew requirement) is

modified as follows.

15

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

              “(2A)                In the case of an amount in default which is specified in the first

column of the following Table, the number of days on which the

person in default is subject to the curfew requirement must not

exceed the number of days set out opposite that amount in the

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second column.

 

Amount

Number of

 
  

days

 
 

An amount not exceeding

20 days

 
 

£200

  

25

 

An amount exceeding £200

30 days

 
 

but not exceeding £500

  
 

An amount exceeding £500

60 days

 
 

but not exceeding £1,000

  
 

An amount exceeding

90 days

 

30

 

£1,000 but not exceeding

  
 

£2,500

  
 

An amount exceeding

180 days”

 
 

£2,500

  
 

 

 
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