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Criminal Justice Bill


Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

    146

 

Power to include drug treatment and testing requirement in certain orders in respect of young

offenders

 257   Drug treatment and testing requirement in action plan order or supervision

order

Schedule 22 (which enables a requirement as to drug treatment and testing to

5

be included in an action plan order or a supervision order) shall have effect.

Alteration of penalties for offences

 258   Alteration of penalties for specified summary offences

     (1)    The summary offences listed in Schedule 23 are no longer punishable with

imprisonment.

10

     (2)    Schedule 24 (which contains amendments increasing the maximum term of

imprisonment for certain summary offences from 4 months or less to 51 weeks)

shall have effect.

     (3)    This section does not affect the penalty for any offence committed before the

commencement of this section.

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 259   Alteration of penalties for other summary offences

     (1)    Subsection (2) applies to any summary offence which—

           (a)           is an offence under a relevant enactment,

           (b)           is punishable with a maximum term of imprisonment of five months or

less, and

20

           (c)           is not listed in Schedule 23 or Schedule 24.

     (2)    The Secretary of State may by order amend any relevant enactment so as to—

           (a)           provide that any summary offence to which this subsection applies is

no longer punishable with imprisonment, or

           (b)           increase to 51 weeks the maximum term of imprisonment to which a

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person is liable on conviction of the offence.

     (3)    An order under subsection (2) may make such supplementary, incidental or

consequential provision as the Secretary of State considers necessary or

expedient, including provision amending any relevant enactment.

     (4)    Subsection (5) applies to any summary offence which—

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           (a)           is an offence under a relevant enactment, and

           (b)           is punishable with a maximum term of imprisonment of six months.

     (5)    The maximum term of imprisonment to which a person is liable on conviction

of an offence to which this subsection applies is, by virtue of this subsection, 51

weeks (and the relevant enactment in question is to be read as if it had been

35

amended accordingly).

     (6)    Neither of the following—

           (a)           an order under subsection (2), or

           (b)           subsection (5),

            affects the penalty for any offence committed before the commencement of that

40

order or subsection (as the case may be).

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

    147

 

     (7)    In this section and section 260 “relevant enactment” means any enactment

contained in—

           (a)           an Act passed before or in the same Session as this Act, or

           (b)           any subordinate legislation made before the passing of this Act.

     (8)    In subsection (7) “subordinate legislation” has the same meaning as in the

5

Interpretation Act 1978 (c. 30).

 260   Increase in maximum term that may be imposed on summary conviction of

offence triable either way

     (1)    In section 32 of the Magistrates’ Courts Act 1980 (c. 43) (penalties on summary

conviction for offences triable either way) in subsection (1) (offences listed in

10

Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “not

exceeding 12 months”.

     (2)    Subsection (3) applies to any offence triable either way which—

           (a)           is an offence under a relevant enactment,

           (b)           is punishable with imprisonment on summary conviction, and

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           (c)           is not listed in Schedule 1 to the Magistrates’ Courts Act 1980.

     (3)    The maximum term of imprisonment to which a person is liable on summary

conviction of an offence to which this subsection applies is by virtue of this

subsection 12 months (and the relevant enactment in question is to be read as

if it had been amended accordingly).

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     (4)    Nothing in this section affects the penalty for any offence committed before the

commencement of this section.

 261   Enabling powers: power to alter maximum penalties

     (1)    The Secretary of State may by order, in accordance with subsection (2) or (3),

amend any relevant enactment which confers a power (however framed or

25

worded) by subordinate legislation to make a person—

           (a)           as regards a summary offence, liable on conviction to a term of

imprisonment,

           (b)           as regards an offence triable either way, liable on summary conviction

to a term of imprisonment.

30

     (2)    An order made by virtue of paragraph (a) of subsection (1) may amend the

relevant enactment in question so as to—

           (a)           restrict the power so that a person may no longer be made liable on

conviction of a summary offence to a term of imprisonment, or

           (b)           increase to 51 weeks the maximum term of imprisonment to which a

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person may be made liable on conviction of a summary offence under

the power.

     (3)    An order made by virtue of paragraph (b) of that subsection may amend the

relevant enactment in question so as to increase the maximum term of

imprisonment to which a person may be made liable on summary conviction

40

of an offence under the power to 12 months.

     (4)    Schedule 25 (which amends the maximum penalties which may be imposed by

virtue of certain enabling powers) shall have effect.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

    148

 

     (5)    The power conferred by subsection (1) shall not apply to the enactments

amended under Schedule 25.

     (6)    An order under subsection (1) may make such supplementary, incidental or

consequential provision as the Secretary of State considers necessary or

expedient, including provision amending any relevant enactment.

5

     (7)    None of the following—

           (a)           an order under subsection (1), or

           (b)           Schedule 25,

            affects the penalty for any offence committed before the commencement of that

order or Schedule (as the case may be).

10

     (8)    In subsection (1) “subordinate legislation” has the same meaning as in the

Interpretation Act 1978 (c. 30).

     (9)    In this section “relevant enactment” means any enactment contained in an Act

passed before or in the same Session as this Act.

 262   Increase in penalties for drug-related offences

15

     (1)    Schedule 26 (increase in penalties for certain drug-related offences) shall have

effect.

     (2)    That Schedule does not affect the penalty for any offence committed before the

commencement of that Schedule.

 263   Increase in penalties for certain driving-related offences

20

     (1)    In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in

subsection (4), for ‘five years’ there is substituted ‘fourteen years’.

     (2)    Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution

and punishment of offences) is amended in accordance with subsections (3)

and (4).

25

     (3)    In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing

death by dangerous driving), in column 4, for “10 years” there is substituted

“14 years”.

     (4)    In the entry relating to section 3A of that Act (causing death by careless driving

when under influence of drink or drugs), in column 4, for “10 years” there is

30

substituted “14 years”.

     (5)    Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order

1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is

amended in accordance with subsections (6) and (7).

     (6)           In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order

35

1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by

dangerous driving), in column 4, for “10 years” there is substituted “14 years”.

     (7)           In the entry relating to Article 14 of that Order (causing death or grievous

bodily injury by careless driving when under the influence of drink or drugs),

in column 4, for “10 years” there is substituted “14 years”.

40

     (8)    This section does not affect the penalty for any offence committed before the

commencement of this section.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

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 264   Increase in penalties for offences under s. 174 of Road Traffic Act 1988

     (1)    In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)

(prosecution and punishment of offences), in the entry relating to section 174

of the Road Traffic Act 1988 (false statements and withholding material

information), for columns (3) and (4) there is substituted—

5

 

     "(a)   Summarily

     (a)    6 months

 
  

or the

 
  

statutory

 
  

maximum

 
  

or both

 

10

 

     (b)    On

     (b)    2 years or a

 
 

indictment

fine or

 
  

both.”

 

     (2)    Section 260(3) (increase in maximum term that may be imposed on summary

conviction of offence triable either way) has effect in relation to the entry

15

amended by subsection (1) as it has effect in relation to any other enactment

contained in an Act passed before this Act.

     (3)    This section does not apply in relation to any offence committed before the

commencement of this section.

Firearms offences

20

 265   Minimum sentence for certain firearms offences

After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following

section—

       “51A            Minimum sentence for certain offences under s. 5

           (1)           This section applies where—

25

                  (a)                 an individual is convicted of—

                        (i)                        an offence under section 5(1)(a), (ab), (aba), (ac), (ad),

(ae) or (c) of this Act, or

                        (ii)                       an offence under section 5(1A)(a) of this Act, and

                  (b)                 the offence was committed after the commencement of this

30

section and at a time when he was aged 16 or over.

           (2)           The court shall impose an appropriate custodial sentence (or order for

detention) for a term of at least the required minimum term (with or

without a fine) unless the court is of the opinion that there are

exceptional circumstances relating to the offence or to the offender

35

which justify its not doing so.

           (3)           Where an offence is found to have been committed over a period of two

or more days, or at some time during a period of two or more days, it

shall be taken for the purposes of this section to have been committed

on the last of those days.

40

           (4)           In this section “appropriate custodial sentence (or order for detention)”

means—

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

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                  (a)                 in relation to England and Wales—

                        (i)                        in the case of an offender who is aged 18 or over when

convicted, a sentence of imprisonment, and

                        (ii)                       in the case of an offender who is aged under 18 at that

time, a sentence of detention under section 91 of the

5

Powers of Criminal Courts (Sentencing) Act 2000;

                  (b)                 in relation to Scotland—

                        (i)                        in the case of an offender who is aged 21 or over when

convicted, a sentence of imprisonment,

                        (ii)                       in the case of an offender who is aged under 21 at that

10

time (not being an offender mentioned in sub-paragraph

(iii)), a sentence of detention under section 207 of the

Criminal Procedure (Scotland) Act 1995, and

                        (iii)                      in the case of an offender who is aged under 18 at that

time and is subject to a supervision requirement, an

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order for detention under section 44, or sentence of

detention under section 208, of that Act.

           (5)           In this section “the required minimum term” means—

                  (a)                 in relation to England and Wales—

                        (i)                        in the case of an offender who was aged 18 or over when

20

he committed the offence, five years, and

                        (ii)                       in the case of an offender who was under 18 at that time,

three years, and

                  (b)                 in relation to Scotland—

                        (i)                        in the case of an offender who was aged 21 or over when

25

he committed the offence, five years, and

                        (ii)                       in the case of an offender who was aged under 21 at that

time, three years.”

 266   Certain firearms offences to be triable only on indictment

In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and

30

punishment of offences) for the entries relating to offences under section 5(1)

(possessing or distributing prohibited weapons or ammunition) and section

5(1A) (possessing or distributing other prohibited weapons) there is

substituted—

 

“Section

Possessing or

On indictment

10 years or a

  

35

 

5(1)(a), (ab),

distributing

 

fine, or both.

  
 

(aba), (ac),

prohibited

    
 

(ad), (ae) or (c)

weapons or

    
  

ammunition.

    
 

Section 5(1)(b)

Possessing or

(a) Summary

6 months or a

  

40

  

distributing

 

fine of the

  
  

prohibited

 

statutory

  
  

weapon

 

maximum, or

  
  

designed for

 

both.

  
  

discharge of

    

45

  

noxious liquid

    
  

etc.

    
 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

    151

 
   

(b) On indictment

10 years or a

  
    

fine or both.

  
 

Section

Possessing or

On indictment

10 years or a

  
 

5(1A)(a)

distributing

 

fine, or both.

  
  

firearm

    

5

  

disguised as

    
  

other object.

    
 

Section

Possessing or

(a) Summary

6 months or a

  
 

5(1A)(b), (c),

distributing

 

fine of the

  
 

(d), (e), (f) or

other

 

statutory

  

10

 

(g)

prohibited

 

maximum, or

  
  

weapons.

 

both.

  
   

(b) On indictment

10 years or a

  
    

fine, or both.”

  
 

 267   Power to sentence young offender to detention in respect of certain firearms

15

offences: England and Wales

     (1)    Section 91 of the Sentencing Act (offenders under 18 convicted of certain

serious offences: power to detain for specified period) is amended as follows.

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

           “(1A)              Subsection (3) below also applies where—

20

                  (a)                 a person aged under 18 is convicted on indictment of an

offence—

                        (i)                        under subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (c)

of section 5 of the Firearms Act 1968 (prohibited

weapons), or

25

                        (ii)                       under subsection (1A)(a) of that section,

                  (b)                 the offence was committed after the commencement of section

51A of that Act and at a time when he was aged 16 or over, and

                  (c)                 the court is of the opinion mentioned in section 51A(2) of that

Act (exceptional circumstances which justify its not imposing

30

required custodial sentence).”

     (3)    After subsection (4) there is inserted—

           “(5)              Where subsection (2) of section 51A of the Firearms Act 1968 requires

the imposition of a sentence of detention under this section for a term

of at least the required minimum term (within the meaning of that

35

section), the court shall sentence the offender to be detained for such

period, of at least that term but not exceeding the maximum term of

imprisonment with which the offence is punishable in the case of a

person aged 18 or over, as may be specified in the sentence.”.

 268   Power to sentence young offender to detention in respect of certain firearms

40

offences: Scotland

     (1)    The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.

     (2)    In section 49(3) (children’s hearing for purpose of obtaining advice as to

treatment of child), at the end there is added “except that where the

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

    152

 

circumstances are such as are mentioned in paragraphs (a) and (b) of section

51A(1) of the Firearms Act 1968 it shall itself dispose of the case”.

     (3)    In section 208 (detention of children convicted on indictment), the existing

provisions become subsection (1); and after that subsection there is added—

           “(2)              Subsection (1) does not apply where the circumstances are such as are

5

mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms

Act 1968.”.

 269   Power by order to exclude application of minimum sentence to those under 18

     (1)    The Secretary of State may by order—

           (a)           amend section 51A(1)(b) of the Firearms Act 1968 (c. 27) by substituting

10

for the word “16” the word “18”,

           (b)           repeal section 91(1A)(c) and (5) of the Sentencing Act,

           (c)           amend subsection (3) of section 49 of the Criminal Procedure (Scotland)

Act 1995 by repealing the exception to that subsection,

           (d)           repeal section 208(2) of that Act, and

15

           (e)           make such other provision as he considers necessary or expedient in

consequence of, or in connection with, the provision made by virtue of

paragraphs (a) to (d).

     (2)    The provision that may be made by virtue of subsection (1)(e) includes, in

particular, provision amending or repealing any provision of an Act

20

(whenever passed), including any provision of this Act.

 270   Increase in penalty for offences relating to importation or exportation of

certain firearms

     (1)    The Customs and Excise Management Act 1979 (c. 2) is amended as follows.

     (2)    In section 50 (penalty for improper importation of goods), for subsection (5A)

25

there is substituted—

           “(5A)              In the case of an offence under subsection (2) or (3) above in connection

with—

                  (a)                 a prohibition or restriction on the importation of a firearm

falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) or

30

(1A)(a) of the Firearms Act 1968, or

                  (b)                 the prohibition contained in section 20 of the Forgery and

Counterfeiting Act 1981,

                         subsection (4)(b) above shall have effect as if for the words “7 years”

there were substituted the words “10 years”.”

35

     (3)    In section 68 (offences in relation to exportation of prohibited or restricted

goods) for subsection (4A) there is substituted—

           “(4A)              In the case of an offence under subsection (2) above in connection

with—

                  (a)                 a prohibition or restriction on the exportation of a firearm

40

falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) or

(1A)(a) of the Firearms Act 1968, or

                  (b)                 the prohibition contained in section 21 of the Forgery and

Counterfeiting Act 1981,

 

 

 
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