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Criminal Justice Bill


Criminal Justice Bill
Schedule 31 — Repeals
Part 9 — Jury service

    371

 
 

Short title and chapter

Extent of repeal

 
 

Broadcasting Act 1996 (c. 55)

In section 144(4), the words—

 
   

     (a)    “to imprisonment for a term not

 
   

exceeding three months or”, and

 
   

     (b)    “or to both”.

 

5

 

Breeding and Sale of Dogs

In section 9—

 
 

(Welfare) Act 1999 (c. 11)

     (a)    in subsection (1), paragraph (a), the

 
   

word “, or” immediately preceding

 
   

paragraph (b) and the words “or to both”, and

 
   

     (b)    in subsection (7), paragraph (a), the

 

10

   

word “, or” immediately preceding

 
   

paragraph (b) and the words “or to both”.

 
 

Powers of Criminal Courts

In section 6(4), paragraph (a).

 
 

(Sentencing) Act 2000 (c. 6)

   
 

Countryside and Rights of Way

In section 81, subsections (2) and (3).

 

15

 

Act 2000 (c. 37)

   
 

Transport Act 2000 (c. 38)

In section 82, subsection (5).

 
 

Part 9

Jury service

 

Short title and chapter

Extent of repeal

 

20

 

Juries Act 1974 (c. 23).

In section 2(5)(a), the word “9(1),”.

 
   

In section 9, subsection (1) and in subsection (2)

 
   

the words from “and” to the end.

 
 

Criminal Law Act 1977 (c. 45).

In Schedule 12, the entry relating to the Juries

 
   

Act 1974.

 

25

 

Criminal Justice Act 1982 (c. 48).

In Schedule 14, paragraph 35.

 
 

Mental Health (Amendment)

In Schedule 3, paragraph 48.

 
 

Act 1982 (c. 51).

   
 

Mental Health Act 1983 (c. 20).

In Schedule 4, paragraph 37.

 
 

Juries (Disqualification) Act

The whole Act.

 

30

 

1984 (c. 34).

   
 

Coroners Act 1988 (c. 13).

Section 9(2).

 
 

Criminal Justice Act 1988 (c. 33).

Section 119.

 
   

In Schedule 8, paragraph 8.

 
 

Courts and Legal Services Act

In Schedule 17, paragraph 7.

 

35

 

1990 (c. 41).

In Schedule 18, paragraph 5.

 
 

Criminal Justice Act 1991 (c. 53).

In Schedule 11, paragraph 18.

 
 

Probation Service Act 1993

In Schedule 3, paragraph 5.

 
 

(c. 47).

   
 

Police and Magistrates’ Courts

In Schedule 8, paragraph 28.

 

40

 

Act 1994 (c. 29).

   
 

 

Criminal Justice Bill
Schedule 31 — Repeals
Part 10 — Miscellaneous

    372

 
 

Short title and chapter

Extent of repeal

 
 

Criminal Justice and Public

Section 40.

 
 

Order Act 1994 (c. 33).

Section 42.

 
   

In Schedule 10, paragraph 29.

 
 

Criminal Appeal Act 1995

In Schedule 2, paragraph 8.

 

5

 

(c. 35).

   
 

Police Act 1996 (c. 16).

In Schedule 7, paragraph 23.

 
 

Police Act 1997 (c. 50).

In Schedule 9, paragraph 27.

 
 

Government of Wales Act 1998

In Schedule 12, paragraph 18.

 
 

(c. 38).

   

10

 

Scotland Act 1998 (c. 46).

Section 85(1).

 
 

Access to Justice Act 1999

In Schedule 11, paragraph 22.

 
 

(c. 22).

   
 

Criminal Justice and Court

In Schedule 7, paragraph 47.

 
 

Services Act 2000 (c. 43).

   

15

 

European Parliamentary

In Schedule 3, paragraph 2.

 
 

Elections Act 2002 (c. 24).

   
 

Part 10

Miscellaneous

 

Short title and chapter

Extent of repeal

 

20

 

Criminal Appeal Act 1968

In section 51(1), the definition of “the

 
 

(c. 19)

defendant”.

 
 

Bail Act 1976 (c. 63)

In section 5(1)(c), the words “a court or officer of

 
   

a court appoints”.

 
 

Magistrates’ Courts Act 1980

In section 1(3), the words “and substantiated on

 

25

 

(c. 43)

oath”.

 
   

Section 12(1)(a)(i).

 
   

In section 13(3)(a), the words “the information

 
   

has been substantiated on oath”.

 
 

Criminal Appeal (Northern

In section 19(1A)(a), the words “application for

 

30

 

Ireland) Act 1980 (c. 47)

leave to”.

 
 

Criminal Procedure and

In Schedule 4, paragraph 16.

 
 

Investigations Act 1996 (c. 25)

   
 

Crime and Disorder Act 1998

In section 8(2), the words from “and to section

 
 

(c. 37)

19(5)” to “2000”.

 

35

 

Youth Justice and Criminal

In Schedule 4, paragraphs 26 and 27.

 
 

Evidence Act 1999 (c. 23)

   
 

Powers of Criminal Courts

In section 19(5), paragraph (c) and the word “or”

 
 

(Sentencing) Act 2000 (c. 6)

immediately preceding it.

 
   

In Schedule 9, paragraphs 194 and 195.

 

40

 

Criminal Justice and Court

Sections 67 and 68.

 
 

Services Act 2000 (c. 43)

   
 

 

Criminal Justice Bill
Schedule 32 — Transitory, transitional and saving provisions

    373

 

Schedule 32

Section 302(6)

 

Transitory, transitional and saving provisions

Sentencing of offenders aged 18 but under 21

  1        If any provision of Part 12 (“the relevant provision”) is to come into force

before the day on which section 61 of the Criminal Justice and Court Services

5

Act 2000 (abolition of sentences of detention in a young offender institution,

custody for life, etc.) comes into force (or fully into force) the provision that

may be made by order under section 302(1) includes provision modifying

the relevant provision with respect to sentences passed, or other things

done, at any time before section 61 of that Act comes into force (or fully into

10

force).

Sentencing guidelines

  2        The repeal by this Act of sections 80 to 82 of the Crime and Disorder Act 1998

does not affect the authority of any guidelines with respect to sentencing

which have been included in any judgment of the Court of Appeal given

15

before the commencement of that repeal (“existing guidelines”), but any

existing guidelines may be superseded by sentencing guidelines published

by the Sentencing Guidelines Council under section 163 of this Act as

definitive guidelines.

Drug treatment and testing orders

20

  3        A drug treatment and testing order made under section 52 of the Powers of

Criminal Courts (Sentencing) Act 2000 before the repeal of that section by

this Act is in force (or fully in force) need not include the provision referred

to in subsection (6) of section 54 of that Act (periodic review by court) if the

treatment and testing period (as defined by section 52(1) of that Act) is less

25

than 12 months.

Drug testing as part of supervision of young offenders after release

  4       (1)      Until the coming into force of the repeal by this Act of section 65 of the

Criminal Justice Act 1991 (c. 53) (supervision of young offenders after

release), that section has effect subject to the following modifications.

30

          (2)      In subsection (5B)—

              (a)             in paragraph (a), for “18 years” there is substituted “14 years”,

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

                           “(b)                             a responsible officer is of the opinion—

                                 (i)                                that the offender has a propensity to misuse

35

specified Class A drugs, and

                                 (ii)                               that the misuse by the offender of any

specified Class A drug caused or contributed

to any offence of which he has been convicted,

or is likely to cause or contribute to the

40

commission by him of further offences; and”.

 

 

Criminal Justice Bill
Schedule 32 — Transitory, transitional and saving provisions

    374

 

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

              “(5E)                A person under the age of 17 years may not be required by virtue of

subsection (5A) to provide a sample otherwise than in the presence

of an appropriate adult.”

          (4)      For subsection (10) there is substituted—

5

              “(10)                In this section—

                                      “appropriate adult”, in relation to a person aged under 17,

means—

                           (a)                          his parent or guardian or, if he is in the care of a local

authority or voluntary organisation, a person

10

representing that authority or organisation,

                           (b)                          a social worker of a local authority social services

department, or

                           (c)                          if no person falling within paragraph (a) or (b) is

available, any responsible person aged 18 or over

15

who is not a police officer or a person employed by

the police;

                                      “responsible officer” means—

                           (a)                          in relation to an offender aged under 18, an officer of

a local probation board or a member of a youth

20

offending team;

                           (b)                          in relation to an offender aged 18 or over, an officer of

a local probation board;

                                      “specified Class A drug” has the same meaning as in Part 3 of

the Criminal Justice and Court Services Act 2000 (c. 43).”

25

Intermittent custody

  5        If section 176 (intermittent custody) is to come into force for any purpose

before the commencement of the repeal by this Act of section 78 of the

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

general limit on the power of a magistrates’ court to impose imprisonment),

30

the provision that may be made by order under section 302(1) includes

provision modifying any period or number of days specified in section 176

with respect to sentences passed by magistrates’ courts before the

commencement of that repeal.

 

 

 
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Revised 23 May 2003