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Criminal Justice Bill


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

    301

 

Enforcement, revocation and amendment of default order

  4       (1)      In its application to a default order, Schedule 7 (breach, revocation or

amendment of community orders) is modified as follows.

          (2)      Any reference to the offence in respect of which the community order was

made is to be taken to be a reference to the default in respect of which the

5

default order was made.

          (3)      Any power of the court to deal with the offender in any way in which it

could deal with him if he had just been convicted of the offence is to be taken

to be a power to deal with him in any way in which the court which made

the default order could deal with him for his default in paying the sum in

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question.

          (4)      In paragraph 4 the reference to the Crown Court is to be taken as a reference

to a magistrates’ court.

          (5)      The following provisions are omitted—

              (a)             paragraph 9(1)(c), (5) and (8),

15

              (b)             paragraph 12,

              (c)             paragraph 13(5),

              (d)             paragraph 15,

              (e)             paragraph 17(5),

              (f)             paragraph 21(4), and

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              (g)             paragraph 23(2)(b).

Power to alter amount of money or number of hours or days

  5        The Secretary of State may by order amend paragraph 2 or 3 by substituting

for any reference to an amount of money or a number of hours or days there

specified a reference to such other amount or number as may be specified in

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the order.

Transfer of default orders to Scotland or Northern Ireland

  6        In its application to a default order, Schedule 8 (transfer of community

orders to Scotland or Northern Ireland) is modified as follows.

  7        After paragraph 8 there is inserted—

30

          “8A                  Nothing in paragraph 8 affects the application of section 278(7) to

a default order made or amended in accordance with paragraph 1

or 3.”

  8        In paragraph 10, after paragraph (b) there is inserted—

                      “(bb)                        any power to impose a fine on the offender.”

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Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    302

 

Schedule 26

Section 282

 

Amendments relating to sentencing

Part 1

General

Piracy Act 1837 (c. 88)

5

  1        Section 3 of the Piracy Act 1837 (punishment for offence under certain

repealed Acts relating to piracy) shall cease to have effect.

Children and Young Persons Act 1933 (c. 12)

  2       (1)      Section 49 of the Children and Young Persons Act 1933 (restrictions on

reports of proceedings in which young persons are concerned) is amended

10

as follows.

          (2)      In subsection (4A)(d), for “section 62(3) of the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “section 213(1)(d) or (e) of the

Criminal Justice Act 2003”.

          (3)      In subsection (11)—

15

              (a)             in the definition of “sexual offence”, for “has the same meaning as in

the Powers of Criminal Courts (Sentencing) Act 2000” there is

substituted “means an offence listed in Part 2 of Schedule 12 to the

Criminal Justice Act 2003”, and

              (b)             in the definition of “violent offence”, for “has the same meaning as in

20

the Powers of Criminal Courts (Sentencing) Act 2000” there is

substituted “means an offence listed in Part 1 of Schedule 12 to the

Criminal Justice Act 2003”.

Prison Act 1952 (c. 52)

  3        In section 53 of the Prison Act 1952 (interpretation), for “section 62 of the

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Powers of Criminal Courts (Sentencing) Act 2000” there is substituted

“section 212 of the Criminal Justice Act 2003”.

Children and Young Persons Act 1963 (c. 37)

  4        In section 16 of the Children and Young Persons Act 1963 (offences

committed by children), in subsection (3), after “sentences)” there is inserted

30

“or Chapter 5 of Part 12 of the Criminal Justice Act 2003 (dangerous

offenders)”.

Criminal Justice Act 1967 (c.80)

  5        The Criminal Justice Act 1967 is amended as follows.

  6        In section 32 (amendments of costs in Criminal Cases Act 1952), in

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subsection (3)(a), for “make an order under paragraph 5 of Schedule 2 to the

Powers of Criminal Courts (Sentencing) Act 2000 (probation orders

requiring treatment for mental condition) or” there is substituted “include in

a community order (within the meaning of Part 12 of the Criminal Justice

 

 

Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    303

 

Act 2003) a mental health requirement under section 198 of that Act or make

an order under”.

  7        In section 104 (general provisions as to interpretation)_

              (a)             in subsection (1), the definition of “suspended sentence” is omitted,

and

5

              (b)             subsection (2) is omitted.

Criminal Appeal Act 1968 (c. 19)

  8        The Criminal Appeal Act 1968 is amended as follows.

  9       (1)      Section 10 (appeal against sentence in cases dealt with by Crown Court

otherwise than on conviction on indictment) is amended as follows.

10

          (2)      In subsection (2) —

              (a)             in paragraph (b), for “or a community order within the meaning of

the Powers of Criminal Courts (Sentencing) Act 2000” there is

substituted “a youth community order within the meaning of the

Powers of Criminal Courts (Sentencing) Act 2000 or a community

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order within the meaning of Part 12 of the Criminal Justice Act 2003”,

and

              (b)                             paragraph (c) and the word “or” immediately preceding it are

omitted.

          (3)      In subsection (3)(c), for paragraph (iii) there is substituted—

20

                    “(iii)                      an order under paragraph 7(2)(a) or (b) of Schedule 10 to the

Criminal Justice Act 2003 (powers of court on breach of

community requirement or conviction of further offence in

relation to suspended sentence);”.

  10       In section 11 (supplementary provisions as to appeal against sentence),

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subsection (4) is omitted.

  11       In Schedule 2 (procedural and other provisions applicable on order for

retrial), in paragraph 2(4), for the words from the beginning to “apply” there

is substituted “Section 231 of the Criminal Justice Act 2003 (crediting of

periods of remand in custody: terms of imprisonment and detention) shall

30

apply”.

Firearms Act 1968 (c. 27)

  12       The Firearms Act 1968 is amended as follows.

  13      (1)      Section 21 (possession of firearms by persons previously convicted of crime)

is amended as follows.

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          (2)      In subsection (2A), after paragraph (c) there is inserted—

                    “(d)                      in the case of a person who has been subject to a sentence of

imprisonment to which an intermittent custody order under

section 176(1)(b) of the Criminal Justice Act 2003 relates, the

date of his final release.”

40

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

              “(2B)                A person who is serving a sentence of imprisonment to which an

intermittent custody order under section 176 of the Criminal Justice

Act 2003 relates shall not during any licence period specified for the

 

 

Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    304

 

purposes of subsection (1)(b)(i) of that section have a firearm or

ammunition in his possession.”.

          (4)      In subsection (3)(b), for “probation order” there is substituted “community

order”.

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

5

              “(3ZA)                In subsection (3)(b) above, “community order” means—

                    (a)                   a community order within the meaning of Part 12 of the

Criminal Justice Act 2003 made in England and Wales, or

                    (b)                   a probation order made in Scotland.”

          (6)      In subsection (6), after “(2)” there is inserted “, (2B)”.

10

  14      (1)      Section 52 (forfeiture and disposal of firearms; cancellation of certificate by

convicting court) is amended as follows.

          (2)      In subsection (1)(c), for “probation order” there is substituted “community

order”.

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

15

              “(1A)                In subsection (1)(c) “community order” means—

                    (a)                   a community order within the meaning of Part 12 of the

Criminal Justice Act 2003 made in England and Wales, or

                    (b)                   a probation order made in Scotland.”

Social Work (Scotland) Act 1968 (c. 49)

20

  15       In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in the

definition of “probation order” in subsection (1), for “community

rehabilitation order” there is substituted “community order within the

meaning of Part 12 of the Criminal Justice Act 2003”.

Children and Young Persons Act 1969 (c. 54)

25

  16       In section 23 of the Children and Young Persons Act 1969 (remands and

committals to local authority accommodation), for the definition of “sexual

offence” and “violent offence” in subsection (12) there is substituted—

                    “sexual offence” means an offence specified in Part 2 of Schedule 11 to

the Criminal Justice Act 2003;

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                    “violent offence” means murder or an offence specified in Part 1 of

Schedule 11 to the Criminal Justice Act 2003;”.

Immigration Act 1971 (c. 77)

  17       In section 7 of the Immigration Act 1971 (exemption from deportation for

certain existing residents), in subsection (4), for “section 67 of the Criminal

35

Justice Act 1967” there is substituted “section 231 of the Criminal Justice Act

2003”.

 

 

Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    305

 

Thames Barrier and Flood Prevention Act 1972 (c. xiv)

  18       In section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders

for carrying out certain defence works), in subsection (3)(a)(ii), for “six

months” there is substituted “12 months”.

Rehabilitation of Offenders Act 1974 (c. 53)

5

  19      (1)      Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods

for particular offences) is amended as follows.

          (2)      In subsection (1)—

              (a)             at the end of paragraph (e), there is inserted “and”, and

              (b)             after that paragraph, there is inserted the following paragraph—

10

                           “(f)                             a sentence of imprisonment for public protection

under section 216 of the Criminal Justice Act 2003, a

sentence of detention for public protection under

section 217 of that Act or an extended sentence under

section 218 or 219 of that Act”

15

          (3)      In subsection (4A), after the words “probation order” there is inserted “or a

community order under section 170 of the Criminal Justice Act 2003”.

Armed Forces Act 1976 (c. 52)

  20      (1)      Section 8 of the Armed Forces Act 1976 (powers of Standing Civilian Courts

in relation to civilians) is amended as follows.

20

          (2)      In subsection (1)(a), for “six months” there is substituted “twelve months”.

          (3)      In subsection (2), for “12 months” there is substituted “65 weeks”.

          (4)      At the end there is inserted—

              “(5)                The Secretary of State may by order made by statutory instrument—

                    (a)                   amend subsection (1)(a) by substituting for the reference to 12

25

months a reference to 18 months, and

                    (b)                   amend subsection (2) by substituting for the reference to 65

weeks a reference to 24 months.

              (6)                Section 299(4) of the Criminal Justice Act 2003 (power to make

supplementary provision etc.) applies in relation to an order under

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subsection (5) as it applies in relation to an order under section 148

of that Act (power to increase limits on sentencing powers of

magistrates’ courts).

              (7)                A statutory instrument containing an order under subsection (5) may

only be made if a draft of the statutory instrument has been laid

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before, and approved by a resolution of, each House of Parliament.”

Bail Act 1976 (c. 63)

  21       The Bail Act 1976 is amended as follows.

  22      (1)      Section 2 (other definitions) is amended as follows.

          (2)      In subsection (1)(d)—

40

              (a)             the words “placing the offender on probation or” are omitted, and

 

 

Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    306

 

              (b)             for “him” there is substituted “the offender”.

          (3)      In subsection (2), in the definition of “probation hostel”, for the words from

“by” onwards there is substituted “by a community order under section 170

of the Criminal Justice Act 2003”.

  23       In section 4 (general right to bail of accused persons and others), in

5

subsection (3), for the words from “Part II” onwards there is substituted

“Part 2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement

of order)”.

  24       In Part 3 of Schedule 1 (interpretation), in the definition of “default” in

paragraph 4, for the words from “Part II” onwards there is substituted “Part

10

2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement of

order)”.

Criminal Law Act 1977 (c. 45)

  25       In section 3 of the Criminal Law Act 1977 (penalties for conspiracy), in

subsection (1), for “section 127 of the Powers of Criminal Courts

15

(Sentencing) Act 2000” there is substituted “section 156 of the Criminal

Justice Act 2003”.

Magistrates’ Courts Act 1980 (c. 43)

  26       The Magistrates’ Courts Act 1980 is amended as follows.

  27       In section 11 (non appearance of accused), in subsection (3), for “section 119

20

of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted

“paragraph 7(2)(a) or (b) of Schedule 10 to the Criminal Justice Act 2003”.

  28       In section 33 (maximum penalties on summary conviction in pursuance of

section 22), in subsection (1)(a), for “3 months” there is substituted “51

weeks”.

25

  29       In section 85 (power to remit fine), in subsection (2A), for “section 35(2)(a) or

(b) of the Crime (Sentences) Act 1997” there is substituted “section 278(2) of

the Criminal Justice Act 2003”.

  30       In section 131 (remand of accused already in custody), after subsection (2)

there is inserted—

30

              “(2A)                Where the accused person is serving a sentence of imprisonment to

which an intermittent custody order under section 176 of the

Criminal Justice Act 2003 relates, the reference in subsection (2) to the

expected date of his release is to be read as a reference to the expected

date of his next release on licence.”.

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  31       In section 133 (consecutive terms of imprisonment), in subsection (1), for

“Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act

2000,” there is substituted “Subject to section 250 of the Criminal Justice Act

2003,”.

 

 

Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    307

 

Public Passenger Vehicles Act 1981 (c. 14)

  32      (1)      In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary

provisions as to qualifications for PSV operators licence), paragraph 1 is

amended as follows.

          (2)      In sub-paragraph (4)(a), for “a community service order for more than sixty

5

hours” there is substituted “a community order requiring the offender to

perform unpaid work for more than sixty hours”.

          (3)      In sub-paragraph (6), for the words from ““a community” onwards there is

substituted ““a community order” means an order under section 170 of the

Criminal Justice Act 2003, a community punishment order made before the

10

commencement of that section or a community service order under the

Community Service by Offenders (Scotland) Act 1978”.

Criminal Attempts Act 1981 (c. 47)

  33       In section 4 of the Criminal Attempts Act 1981 (trials and penalties), in

subsection (5)(b), for sub-paragraph (ii) there is substituted—

15

                           “(ii)                             in section 146(1) and (2) (general limit on magistrates’

court’s powers to impose imprisonment) of the

Criminal Justice Act 2003.”.

Criminal Justice Act 1982 (c. 48)

  34       The Criminal Justice Act 1982 is amended as follows.

20

  35       In section 32 (early release of prisoners), in subsection (1)(a), after “life” there

is inserted “, imprisonment for public protection under section 216 of the

Criminal Justice Act 2003 or an extended sentence under section 218 of that

Act”.

  36      (1)      Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland): persons

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residing in England and Wales or Scotland) is amended as follows.

          (2)      In paragraph 7—

              (a)             in sub-paragraph (2)(b), for “such orders” there is substituted “an

unpaid work requirement of a community order (within the

meaning of Part 12 of the Criminal Justice Act 2003)”, and

30

              (b)             in sub-paragraph (3)(b), for the words from “community service

orders” onwards there is substituted “community orders within the

meaning of Part 12 of the Criminal Justice Act 2003 conferred on

responsible officers by that Part of that Act.”.

          (3)      For paragraph 9(3) there is substituted—

35

          “(3)                                   Subject to the following provisions of this paragraph—

              (a)             a community service order made or amended in the circumstances

specified in paragraph 7 above shall be treated as if it were a

community order made in England and Wales under section 170 of

the Criminal Justice Act 2003 and the provisions of Part 12 of that Act

40

(so far as relating to such orders) shall apply accordingly; and

              (b)             a community service order made or amended in the circumstances

specified in paragraph 8 above shall be treated as if it were a

community service order made in Scotland and the legislation

 

 

 
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