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Criminal Justice Bill


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

    308

 

relating to community service orders in Scotland shall apply

accordingly.”

          (4)      In paragraph 9(4)(a), after “community service orders” there is inserted “or,

as the case may be, community orders (within the meaning of Part 12 of the

Criminal Justice Act 2003)”.

5

          (5)      In paragraph 9(5), after “a community service order” there is inserted “or, as

the case may be, a community order (within the meaning of Part 12 of the

Criminal Justice Act 2003)”.

          (6)      In paragraph 9(6)—

              (a)             after “community service orders”, where first occurring, there is

10

inserted “or, as the case may be, community orders (within the

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

              (b)             in paragraph (b)(i), for “the Powers of Criminal Courts (Sentencing)

Act 2000” there is substituted “Part 12 of the Criminal Justice Act

2003”.

15

Mental Health Act 1983 (c. 20)

  37       The Mental Health Act 1983 is amended as follows.

  38       In section 37 (powers of courts to order hospital admission or

guardianship)—

              (a)             in subsection (1), the words “or falls to be imposed under section

20

109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are

omitted,

              (b)             for subsections (1A) and (1B) there is substituted —

                    “(1A)                      In the case of an offence the sentence for which would

otherwise fall to be imposed—

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                           (a)                          under section 51A(2) of the Firearms Act 1968,

                           (b)                          under section 110(2) or 111(2) of the Powers of

Criminal Courts (Sentencing) Act 2000, or

                           (c)                          under any of sections 216 to 219 of the Criminal

Justice Act 2003,

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                                          nothing in those provisions shall prevent a court from

making an order under subsection (1) above for the

admission of the offender to a hospital.

                    (1B)                      References in subsection (1A) above to a sentence falling to be

imposed under any of the provisions mentioned in that

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subsection are to be read in accordance with section 283(4) of

the Criminal Justice Act 2003.”

              (c)             in subsection (8), for “probation order” there is substituted

“community order (within the meaning of Part 12 of the Criminal

Justice Act 2003)”.

40

  39       In section 45A (powers of higher courts to direct hospital admission), in

subsection (1)(b), the words from “except” to “1997” are omitted.

Police and Criminal Evidence Act 1984 (c. 60)

  40       In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody

officer after charge), for the definitions of “sexual offence” and “violent

45

 

 

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

    309

 

offence” in subsection (6A) there is substituted—

                    ““sexual offence” means an offence specified in Part 2 of Schedule 12 to

the Criminal Justice Act 2003;

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

Schedule;”.

5

Criminal Justice Act 1988 (c. 33)

  41       The Criminal Justice Act 1988 is amended as follows.

  42       In section 36 (reviews of sentencing), in subsection (2)—

              (a)             the words “109(2),” are omitted, and

              (b)             at the end there is inserted “or by section 216, 217, 218 or 219 of the

10

Criminal Justice Act 2003.”.

  43       In section 50 (suspended and partly suspended sentences on certain civilians

in courts-martial and Standing Civilian Courts), in subsection (3)(b)(i), for

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

“Criminal Justice Act 2003”.

15

Road Traffic Act 1988 (c. 52)

  44       In section 164 of the Road Traffic Act 1988 (power of constables to require

production of driving licence and in certain cases statement of date of birth),

in subsection (5), for “section 40 of the Crime (Sentences) Act 1997” there is

substituted “section 279 of the Criminal Justice Act 2003”.

20

Road Traffic Offenders Act 1988 (c. 53)

  45       The Road Traffic Offenders Act 1988 is amended as follows.

  46       In section 27 (production of licence), in subsection (3), for “section 40 of the

Crime (Sentences) Act 1997” there is substituted “section 279 of the Criminal

Justice Act 2003”.

25

  47       In section 46 (combination of disqualification and endorsement with

probation orders and orders for discharge), in subsection (1), paragraph (a)

and the word “or” following it shall cease to have effect.

Football Spectators Act 1989 (c. 37)

  48       The Football Spectators Act 1989 is amended as follows.

30

  49       In section 7 (disqualification for membership of scheme), subsection (9) is

omitted.

  50       In section 14E (banning orders: general), after subsection (6) there is

inserted—

              “(7)                A person serving a sentence of imprisonment to which an

35

intermittent custody order under section 176 of the Criminal Justice

Act 2003 relates is to be treated for the purposes of this section as

having been detained in legal custody until his final release; and

accordingly any reference in this section to release is, in relation to a

person serving such a sentence, a reference to his final release.”

40

 

 

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

    310

 

  51       In section 18 (information), after subsection (4) there is inserted—

              “(5)                In relation to a person serving a sentence of imprisonment to which

an intermittent custody order under section 176 of the Criminal

Justice Act 2003 relates, any reference in this section to his detention

or to his release shall be construed in accordance with section

5

14E(7).”

Children Act 1989 (c. 41)

  52       The Children Act 1989 is amended as follows.

  53      (1)      Section 68 (persons disqualified from being foster parents) is amended as

follows.

10

          (2)      In subsection (2)(d), the words “a probation order has been made in respect

of him or he has been” are omitted.

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

              “(2A)                A conviction in respect of which a probation order was made before

1st October 1992 (which would not otherwise be treated as a

15

conviction) is to be treated as a conviction for the purposes of

subsection (2)(d).”

  54      (1)      In Schedule 9A (child minding and day care for young children), paragraph

4 is amended as follows.

          (2)      In paragraph (2)(g), the words “placed on probation or” are omitted.

20

          (3)      At the end there is inserted—

              “(7)                A conviction in respect of which a probation order was made before

1st October 1992 (which would not otherwise be treated as a

conviction) is to be treated as a conviction for the purposes of this

paragraph.”.

25

Criminal Justice Act 1991 (c. 53)

  55       The Criminal Justice Act 1991 is amended as follows.

  56       Section 65 (supervision of young offenders after release) is omitted.

  57      (1)      Schedule 3 (reciprocal enforcement of certain orders) is amended as follows.

          (2)      In paragraph 10(3)(d), for the words from “paragraph 3 of Schedule 2”

30

onwards there is substituted “section 192 of the Criminal Justice Act 2003”.

          (3)      In paragraph 11(2) —

              (a)             in paragraph (a)—

                    (i)                   for “probation order” there is substituted “community

order”, and

35

                    (ii)                  after “England and Wales” there is inserted “under section

170 of the Criminal Justice Act 2003”, and

              (b)             for paragraph (b) there is substituted—

                             “(b)                               the provisions of Part 12 of that Act (so far as

relating to such orders) shall apply accordingly.”.

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

    311

 

          (4)      In paragraph 11(3), for paragraphs (a) and (b) there is substituted—

                      “(a)                        the requirements of Part 12 of the Criminal Justice Act 2003

relating to community orders (within the meaning of that

Part);

                      (b)                        the powers of the home court under Schedule 7 to that Act,

5

as modified by this paragraph; and”.

          (5)      In paragraph 11(4), for the words from “probation order made by a court”

onwards there is substituted “community order made by a court in England

and Wales under section 170 of the Criminal Justice Act 2003, except a power

conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 7 to that Act”.

10

          (6)      In paragraph 11(5), for “the Powers of Criminal Courts (Sentencing) Act

2000” there is substituted “Part 12 of the Criminal Justice Act 2003”.

Aggravated Vehicle-Taking Act 1992 (c. 11)

  58       In section 1 of the Aggravated Vehicle-Taking Act 1992 (new offence of

aggravated vehicle taking), in subsection (2)(a), for “section 127 of the

15

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

“section 156 of the Criminal Justice Act 2003”.

Criminal Justice and Public Order Act 1994 (c. 33)

  59       In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for

defendants charged with or convicted of homicide or rape after previous

20

conviction of such offences), in subsection 3(c)—

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

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

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

  60      (1)      In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995

25

(qualifications for standard licence), paragraph 3 is amended as follows.

          (2)      In sub-paragraph (2)(a), for “exceeding three months” there is substituted

“of 12 months or more or, before the commencement of section 174 of the

Criminal Justice Act 2003, a term exceeding 3 months”.

          (3)      In sub-paragraph (2)(c), for “community service order” there is substituted

30

“community order”.

          (4)      For sub-paragraph (3)(b), there is substituted—

                      “(b)                        “community order” means a community order under

section 170 of the Criminal Justice Act 2003, a community

punishment order made under section 46 of the Powers of

35

Criminal Courts (Sentencing) Act 2000 or a community

service order under the Community Service by Offenders

(Scotland) Act 1978.”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

  61       The Criminal Procedure (Scotland) Act 1995 is amended as follows.

40

  62      (1)      Section 234 (probation orders: persons residing in England and Wales) is

amended as follows.

 

 

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

    312

 

          (2)      For subsection (2) there is substituted—

              “(2)                Subsection (1) above applies to any probation order made under

section 228 unless the order includes requirements which are more

onerous than those which a court in England and Wales could

impose on an offender under section 170 of the Criminal Justice Act

5

2003.”

          (3)                        In subsection (4)—

              (a)             in paragraph (a)—

                    (i)                   for “paragraph 5(3) of Schedule 2 to the 2000 Act” there is

substituted “section 198(2) of the Criminal Justice Act 2003”,

10

                    (ii)                  for “or, as the case may be, community rehabilitation orders”

there is substituted “or, as the case may be, community

orders under Part 12 of that Act”, and

                    (iii)                 for “paragraph 5 of the said Schedule 2” there is substituted

“section 198 of the Criminal Justice Act 2003”, and

15

              (b)             in paragraph (b), for “sub-paragraphs (5) to (7) of the said paragraph

5” there is substituted “sections 198(4) and 199(1) and (2) of the

Criminal Justice Act 2003”.

          (4)      In subsection (5), for “Schedule 3” onwards there is substituted “Schedule 7

to the Criminal Justice Act 2003 shall apply as if it were a community order

20

made under section 170 of that Act”.

          (5)      In subsection (6)—

              (a)             for “Schedule 3 to the 2000 Act” there is substituted “Schedule 7 to

the Criminal Justice Act 2003”,

              (b)             for “sub-paragraphs (4) and (5) of paragraph 4” there is substituted

25

“sub-paragraphs (6) and (7) of paragraph 9”, and

              (c)             for “sub-paragraph (4)” there is substituted “sub-paragraph (6)”.

          (6)      In subsection (10)—

              (a)             for the words from “paragraph 6” to “community rehabilitation

orders” there is substituted “paragraph 8 of Schedule 8 (which

30

relates to community orders”, and

              (b)             for “an order made under section 41” there is substituted “a

community order made under Part 12”.

  63       In section 242 (community service orders: persons residing in England and

Wales)—

35

              (a)             in subsection (1)—

                    (i)                   in paragraph (a)(ii), for “community punishment order”

there is substituted “under an unpaid work requirement

imposed by a community order (within the meaning of Part

12 of the Criminal Justice Act 2003)”, and

40

                    (ii)                  in paragraph (a)(iii), for “community punishment orders

made under section 46 of the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “unpaid work

requirements imposed by community orders made under

section 170 of the Criminal Justice Act 2003”,

45

              (b)             in subsection (2)(b), for “community punishment orders made under

section 46 of the Powers of Criminal Courts (Sentencing) Act 2000”

there is substituted “unpaid work requirements imposed by

 

 

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

    313

 

community orders made under section 170 of the Criminal Justice

Act 2003”, and

              (c)             in subsection (3)(b), for “in respect of community punishment orders

conferred on responsible officers by the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “conferred on responsible

5

officers by Part 12 of the Criminal Justice Act 2003 in respect of

unpaid work requirements imposed by community orders (within

the meaning of that Part)”.

  64       In section 244 (community service orders: provisions relating to persons

living in England and Wales or Northern Ireland)—

10

              (a)             in subsection (3)(a)—

                    (i)                   for “community punishment order” there is substituted

“community order (within the meaning of Part 12 of the

Criminal Justice Act 2003)”, and

                    (ii)                  for “community punishment orders” there is substituted

15

“such community orders”,

              (b)             in subsection (4)(a), for “community punishment orders” there is

substituted “community orders (within the meaning of Part 12 of the

Criminal Justice Act 2003)”,

              (c)             in subsection (5), for “community punishment order” there is

20

substituted “a community order (within the meaning of Part 12 of the

Criminal Justice Act 2003)”, and

              (d)             in subsection (6)—

                    (i)                   for “community punishment orders”, where first occurring,

there is substituted “community orders (within the meaning

25

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

                    (ii)                  in paragraph (b)(ii), for “the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “Part 12 of the

Criminal Justice Act 2003”.

Education Act 1996 (c. 56)

30

  65       In section 562 of the Education Act 1996 (Act not to apply to persons

detained under order of a court), for “probation order” there is substituted

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

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))

  66       In Article 13 of the Criminal Justice (Northern Ireland) Order 1996

35

(community service orders), in paragraph (4)(b) as it has effect pursuant to

paragraph 7(1) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal

arrangements), 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)”.

40

Crime (Sentences) Act 1997 (c. 43)

  67       The Crime (Sentences) Act 1997 is amended as follows.

  68       In section 31 (duration and conditions of licences), in subsection (6), for

“section 46(3) of the 1991 Act” there is substituted “section 236(5) of the

Criminal Justice Act 2003”.

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

    314

 

Sex Offenders Act 1997 (c. 51)

  69       In section 6(1) of the Sex Offenders Act 1997, in paragraph (a) of the

definition of “community order”, after “2000” there is inserted “(as that Act

had effect before the passing of the Criminal Justice Act 2003)”.

Crime and Disorder Act 1998 (c. 37)

5

  70       The Crime and Disorder Act 1998 is amended as follows.

  71       In section 18 (interpretation etc. of Chapter 1)—

              (a)             after the definition of “responsible officer” in subsection (1) there is

inserted—

                                      ““serious harm” shall be construed in accordance with section

10

215 of the Criminal Justice Act 2003;”; and

              (b)             subsection (2) is omitted.

  72      (1)      Section 38 (local provision of youth justice services) is amended as follows.

          (2)      In subsection (4)(g), for “probation order, a community service order or a

combination order” there is substituted “community order under section 170

15

of the Criminal Justice Act 2003”.

          (3)      In subsection (4)(i), after “1997 Act”)” there is inserted “or by virtue of

conditions imposed under section 240 of the Criminal Justice Act 2003”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

  73       The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

20

  74      (1)      Section 6 (committal for sentence in certain cases where offender committed

in respect of another offence) is amended as follows.

          (2)      In subsection (3)(b), for “section 120(1) below” there is substituted

“paragraph 10(1) of Schedule 10 to the Criminal Justice Act 2003”.

          (3)      For subsection (4)(e), there is substituted—

25

                    “(e)                      paragraph 10(2) of Schedule 10 to the Criminal Justice Act

2003 (committal to Crown Court where offender convicted

during operational period of suspended sentence).”.

  75       In section 7 (power of Crown Court on committal for sentence under section

6), in subsection (2), for “section 119 below” there is substituted “paragraphs

30

7 and 8 of Schedule 10 to the Criminal Justice Act 2003”.

  76       In section 12 (absolute and conditional discharge)—

              (a)             in subsection (1) for “109(2), 110(2) or 111(2) below” there is

substituted “section 110(2) or 111(2) below, section 51A(2) of the

Firearms Act 1968 or section 216, 217, 218 or 219 of the Criminal

35

Justice Act 2003)”, and

              (b)             subsection (4) (duty to explain effect of order for conditional

discharge) is omitted.

  77       In the heading to Part 4, and the heading to Chapter 1 of that Part, for

“COMMUNITY ORDERS” there is substituted “YOUTH COMMUNITY

40

ORDERS”.

 

 

 
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