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

    153

 

                         subsection (3)(b) above shall have effect as if for the words “7 years”

there were substituted the words “10 years”.”

     (4)    In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A)

there is substituted—

           “(4A)              In the case of an offence under this section in connection with—

5

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

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

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

                  (b)                 the prohibitions contained in sections 20 and 21 of the Forgery

and Counterfeiting Act 1981,

10

                         subsection (3)(b) above shall have effect as if for the words “7 years”

there were substituted the words “10 years”.”

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

commencement of this section.

Offenders transferred to mental hospital

15

 271   Duration of directions under Mental Health Act 1983 in relation to offenders

     (1)    Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to

prisoners under sentence) is amended as follows.

     (2)    In subsection (1), for “the expiration of that person’s sentence” there is

substituted “his release date”.

20

     (3)    For subsections (2) and (3) there is substituted—

           “(2)               A restriction direction in the case of a person serving a sentence of

imprisonment shall cease to have effect, if it has not previously done so,

on his release date.

           (3)              In this section, references to a person’s release date are to the day (if

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any) on which he would be entitled to be released (whether

unconditionally or on licence) from any prison or other institution in

which he might have been detained if the transfer direction had not

been given; and in determining that day there shall be disregarded—

                  (a)                 any powers that would be exercisable by the Parole Board if he

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were detained in such a prison or other institution, and

                  (b)                 any practice of the Secretary of State in relation to the early

release under discretionary powers of persons detained in such

a prison or other institution.”.

 272   Access to Parole Board for certain patients serving prison sentences

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In section 74 of the Mental Health Act 1983 (c. 20) (restricted patients subject to

restriction directions) after subsection (5) there is inserted—

           “(5A)              Where the tribunal have made a recommendation under subsection

(1)(b) above in the case of a patient who is subject to a restriction

direction or a limitation direction—

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                  (a)                 the fact that the restriction direction or limitation direction

remains in force does not prevent the making of any application

or reference to the Parole Board by or in respect of him or the

 

 

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

    154

 

exercise by him of any power to require the Secretary of State to

refer his case to the Parole Board, and

                  (b)                 if the Parole Board make a direction or recommendation by

virtue of which the patient would become entitled to be

released (whether unconditionally or on licence) from any

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prison or other institution in which he might have been

detained if he had not been removed to hospital, the restriction

direction or limitation direction shall cease to have effect at the

time when he would become entitled to be so released.”

 273   Duration of directions under Mental Health (Northern Ireland) Order 1986 in

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relation to offenders

     (1)    Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/

595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as

follows.

     (2)    In paragraph (1), for “the expiration of that person’s sentence” there is

15

substituted “his release date”.

     (3)    For paragraphs (2) and (3) there is substituted—

           “(2)              A restriction direction in the case of a person serving a sentence of

imprisonment shall cease to have effect, if it has not previously done so,

on his release date.

20

           (3)              In this Article, references to a person’s release date are to the day (if

any) on which he would be entitled to be released (whether

unconditionally or on licence) from any prison or juvenile justice centre

in which he might have been detained if the transfer direction had not

been given; and in determining that day any powers that would be

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exercisable by the Sentence Review Commissioners or the Life Sentence

Review Commissioners if he were detained in such a prison or juvenile

justice centre shall be disregarded.”

 274   Access to Sentence Review Commissioners and Life Sentence Review

Commissioners for certain Northern Ireland patients

30

In Article 79 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/

595 (N.I. 4)) (restricted patients subject to restriction directions) after

paragraph (5) there is inserted—

           “(5A)              Where the tribunal have made a recommendation under paragraph

(1)(b) in the case of a patient who is subject to a restriction direction—

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                  (a)                 the fact that the restriction direction remains in force does not

prevent—

                        (i)                        the making of any application or reference to the Life

Sentence Review Commissioners by or in respect of him

or the exercise by him of any power to require the

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Secretary of State to refer his case to those

Commissioners, or

                        (ii)                       the making of any application by him to the Sentence

Review Commissioners, and

                  (b)                                        if—

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

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                        (i)                        the Life Sentence Review Commissioners give a

direction by virtue of which the patient would become

entitled to be released (whether unconditionally or on

licence) from any prison or juvenile justice centre in

which he might have been detained if the transfer

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direction had not been given, or

                        (ii)                       the Sentence Review Commissioners grant a declaration

by virtue of which he would become so entitled,

                                      the restriction direction shall cease to have effect at the time at

which he would become so entitled.”.

10

Term of detention and training order

 275   Term of detention and training order

     (1)    Section 101 of the Sentencing Act (which relates to detention and training

orders) is amended as follows.

     (2)    In subsection (1), for “subsection (2)” there is substituted “subsections (2) and

15

(2A)”.

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

           “(2A)              Where—

                  (a)                 the offence is a summary offence,

                  (b)                 the maximum term of imprisonment that a court could (in the

20

case of an offender aged 18 or over) impose for the offence is 51

weeks,

                         the term of a detention and training order may not exceed 6 months.”

Fine defaulters

 276   Power to impose unpaid work requirement or curfew requirement on fine

25

defaulter

     (1)    Subsection (2) applies in any case where, in respect of a person aged 16 or over,

a magistrates’ court—

           (a)           has power under Part 3 of the Magistrates’ Courts Act 1980 (c. 43) to

issue a warrant of commitment for default in paying a sum adjudged to

30

be paid by a conviction (other than a sum ordered to be paid under

section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

           (b)           would, but for section 89 of the Sentencing Act (restrictions on custodial

sentences for persons under 18), have power to issue such a warrant for

such default.

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     (2)    The magistrates’ court may, instead of issuing a warrant of commitment or, as

the case may be, proceeding under section 81 of the Magistrates’ Courts Act

1980 (enforcement of fines imposed on young offender), order the person in

default to comply with—

           (a)           an unpaid work requirement (as defined by section 181), or

40

           (b)           a curfew requirement (as defined by section 186).

     (3)    In this Part “default order” means an order under subsection (2).

 

 

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

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     (4)    Subsections (3) and (4) of section 159 (which relate to electronic monitoring)

have effect in relation to a default order as they have effect in relation to a

community order.

     (5)    Where a magistrates’ court has power to make a default order, it may, if it

thinks it expedient to do so, postpone the making of the order until such time

5

and on such conditions (if any) as it thinks just.

     (6)    Schedule 7 (breach, revocation or amendment of community order), Schedule

8 (transfer of community orders to Scotland or Northern Ireland) and Chapter

4 (further provisions about orders under Chapters 2 and 3) have effect in

relation to default orders as they have effect in relation to community orders,

10

but subject to the modifications contained in Schedule 27.

     (7)    Where a default order has been made for default in paying any sum—

           (a)           on payment of the whole sum to any person authorised to receive it, the

order shall cease to have effect, and

           (b)           on payment of a part of the sum to any such person, the total number

15

of hours or days to which the order relates is to be taken to be reduced

by a proportion corresponding to that which the part paid bears to the

whole sum.

     (8)    In calculating any reduction required by subsection (7)(b), any fraction of a day

or hour is to be disregarded.

20

 277   Fine defaulters: driving disqualification

     (1)    Subsection (2) applies in any case where a magistrates’ court—

           (a)           has power under Part 3 of the Magistrates’ Courts Act 1980 to issue a

warrant of commitment for default in paying a sum adjudged to be

paid by a conviction (other than a sum ordered to be paid under section

25

6 of the Proceeds of Crime Act 2002), or

           (b)           would, but for section 89 of the Sentencing Act (restrictions on custodial

sentences for persons under 18), have power to issue such a warrant for

such default.

     (2)    The magistrates’ court may, instead of issuing a warrant of commitment or, as

30

the case may be, proceeding under section 81 of the Magistrates’ Courts Act

1980 (c. 43) (enforcement of fines imposed on young offenders), order the

person in default to be disqualified, for such period not exceeding twelve

months as it thinks fit, for holding or obtaining a driving licence.

     (3)    Where an order has been made under subsection (2) for default in paying any

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sum—

           (a)           on payment of the whole sum to any person authorised to receive it, the

order shall cease to have effect, and

           (b)           on payment of part of the sum to any such person, the total number of

weeks or months to which the order relates is to be taken to be reduced

40

by a proportion corresponding to that which the part paid bears to the

whole sum.

     (4)    In calculating any reduction required by subsection (3)(b) any fraction of a

week or month is to be disregarded.

     (5)    The Secretary of State may by order amend subsection (2) by substituting, for

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the period there specified, such other period as may be specified in the order.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 9 — Supplementary

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     (6)    A court which makes an order under this section disqualifying a person for

holding or obtaining a driving licence shall require him to produce—

           (a)           any such licence held by him together with its counterpart; or

           (b)                         in the case where he holds a Community licence (within the meaning of

Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence and

5

its counterpart (if any).

     (7)    In this section—

                    “driving licence” means a licence to drive a motor vehicle granted under

Part 3 of the Road Traffic Act 1988;

                    “counterpart”—

10

                  (a)                 in relation to a driving licence, has the meaning given in relation

to such a licence by section 108(1) of that Act; and

                  (b)                 in relation to a Community licence, has the meaning given by

section 99B of that Act.

Chapter 9

15

Supplementary

 278   Execution of process between England and Wales and Scotland

Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of

process of English and Welsh courts in Scotland) applies to any process issued

by a magistrates’ court under—

20

                      paragraph 7(2) or (4), 13(6) or 25(1) of Schedule 7,

                      paragraph 12 of Schedule 8,

                      paragraph 8(1) of Schedule 9, or

                      paragraph 6(2) or (4), 12(1) or 20(1) of Schedule 11,

            as it applies to process issued under the Magistrates’ Courts Act 1980 by a

25

magistrates’ court.

 279   Sentencing: repeals

The following enactments (which are superseded by the provisions of this Part)

shall cease to have effect—

           (a)           Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners),

30

           (b)           in the Crime (Sentences) Act 1997 (c. 43)—

                  (i)                 section 29 (power of Secretary of State to release life prisoners to

whom section 28 of that Act does not apply),

                  (ii)                section 33 (transferred prisoners), and

                  (iii)               sections 35 and 40 (fine defaulters),

35

           (c)           sections 80 and 81 of the Crime and Disorder Act 1998 (c. 37)

(sentencing guidelines), and

           (d)           in the Sentencing Act—

                  (i)                 Chapter 3 of Part 4 (community orders available only where

offender 16 or over),

40

                  (ii)                section 85 (sexual or violent offences: extension of custodial

term for licence purposes),

                  (iii)               sections 87 and 88 (remand in custody),

                  (iv)                section 109 (life sentence for second serious offence), and

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 9 — Supplementary

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                  (v)                 Chapter 5 of Part 5 (suspended sentences).

 280   Amendments relating to sentencing

Schedule 28 (which contains amendments related to the provisions of this Part)

shall have effect.

 281   Interpretation of Part 11

5

     (1)    In this Part, except where the contrary intention appears—

                    “accredited programme” has the meaning given by section 184(2);

                    “activity requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 183;

10

                    “alcohol treatment requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 194;

                    “the appropriate officer of the court” means, in relation to a magistrates’

court, the clerk of the court;

15

                    “associated”, in relation to offences, is to be read in accordance with

section 161(1) of the Sentencing Act;

                    “attendance centre” has the meaning given by section 203(2);

                    “attendance centre requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

20

order, has the meaning given by section 196;

                    “community order” has the meaning given by section 159(1);

                    “community requirement”, in relation to a suspended sentence order, has

the meaning given by section 171(7);

                    “community sentence” has the meaning given by section 129(1);

25

                    “court” (without more), except in Chapter 7, does not include a service

court;

                    “curfew requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 186;

30

                    “custodial sentence” has the meaning given by section 76 of the

Sentencing Act;

                    “custody plus order” has the meaning given by section 163(4);

                    “default order” has the meaning given by section 276(3);

                    “drug rehabilitation requirement”, in relation to a community order,

35

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 191;

                    “electronic monitoring requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 197;

40

                    “exclusion requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 187;

                    “guardian” has the same meaning as in the Children and Young Persons

Act 1933 (c. 12);

45

                    “intermittent custody order” has the meaning given by section 165(2);

                    “licence” means a licence under Chapter 6;

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 9 — Supplementary

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                    “local probation board” means a local probation board established under

section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

                    “mental health treatment requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 189;

5

                    “pre-sentence report” has the meaning given by section 140(1);

                    “programme requirement”, in relation to a community order, custody

plus order, intermittent custody order or suspended sentence order,

has the meaning given by section 184;

                    “prohibited activity requirement”, in relation to a community order,

10

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 185;

                    “residence requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 188;

15

                    “responsible officer”, in relation to an offender to whom a community

order, a custody plus order, an intermittent custody order or a

suspended sentence order relates, has the meaning given by section

179;

                    “sentence of imprisonment” does not include a committal—

20

                  (a)                 in default of payment of any sum of money,

                  (b)                 for want of sufficient distress to satisfy any sum of money, or

                  (c)                 for failure to do or abstain from doing anything required to be

done or left undone,

                         and references to sentencing an offender to imprisonment are to be read

25

accordingly;

                    “the Sentencing Act” means the Powers of Criminal Courts (Sentencing)

Act 2000 (c. 6);

                    “service court” means—

                  (a)                 a court-martial constituted under the Army Act 1955

30

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or

the Naval Discipline Act 1957 (c. 53);

                  (b)                 a summary appeal court constituted under section 83ZA of the

Army Act 1955, section 83ZA of the Air Force Act 1955 or

section 52FF of the Naval Discipline Act 1957;

35

                  (c)                 the Courts-Martial Appeal Court; or

                  (d)                 a Standing Civilian Court;

                    “service disciplinary proceedings” means—

                  (a)                 any proceedings under the Army Act 1955, the Air Force Act

1955 or the Naval Discipline Act 1957 (whether before a court-

40

martial or any other court or person authorised under any of

those Acts to award a punishment in respect of any offence),

and

                  (b)                 any proceedings before a Standing Civilian Court;

                    “supervision requirement”, in relation to a community order, custody

45

plus order, intermittent custody order or suspended sentence order,

has the meaning given by section 195;

                    “suspended sentence” and “suspended sentence order” have the meaning

given by section 171(7);

 

 

 
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