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Criminal Justice Bill
Schedule 24 — Increase in maximum term for certain summary offences

    319

 

          (4)      In the entry relating to section 7 of that Act (provision of specimens for

analysis), in column 4, for “3 months” there is substituted “51 weeks”.

          (5)      In the entry relating to section 7A of that Act (failing to allow specimen to be

subjected to analysis), in column 4, for “3 months” there is substituted “51

weeks”.

5

Official Secrets Act 1989 (c. 6)

  39       In section 10 of the Official Secrets Act 1989 (penalties), in subsection (2), for

“three months” there is substituted “51 weeks”.

Human Organ Transplants Act 1989 (c. 31)

  40       In section 1 of the Human Organ Transplants Act 1989 (prohibition of

10

commercial dealings in human organs), in subsection (5), for “three months”

there is substituted “51 weeks”.

Football Spectators Act 1989 (c. 37)

  41       In section 2 of the Football Spectators Act 1989 (unauthorised attendance at

designated football matches), in subsection (3), for “one month” there is

15

substituted “51 weeks”.

Food Safety Act 1990 (c. 16)

  42       In section 35 of the Food Safety Act 1990 (punishment of offences), in

subsection (1), for “three months” there is substituted “51 weeks”.

Deer Act 1991 (c. 54)

20

  43       In section 9 of the Deer Act 1991 (penalties for offences relating to deer), in

subsection (1), for “three months” there is substituted “51 weeks”.

Social Security Administration Act 1992 (c. 5)

  44       In section 112 of the Social Security Administration Act 1992 (false

representations for obtaining benefit etc.), in subsection (2), for “3 months”

25

there is substituted “51 weeks”.

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

  45      (1)      The Criminal Justice and Public Order Act 1994 is amended as follows.

          (2)      In section 60 (failing to stop), in subsection (8), for “one month” there is

substituted “51 weeks”.

30

          (3)      In section 60AA (powers to require removal of disguises), in subsection (7),

for “one month” there is substituted “51 weeks”.

          (4)      In section 61 (power to remove trespasser on land), in subsection (4), for

“three months” there is substituted “51 weeks”.

          (5)      In section 63 (powers to remove persons attending or preparing for a rave),

35

in subsection (6), for “three months” there is substituted “51 weeks”.

          (6)      In section 68 (offence of aggravated trespass), in subsection (3), for “three

months” there is substituted “51 weeks”.

 

 

Criminal Justice Bill
Schedule 24 — Increase in maximum term for certain summary offences

    320

 

          (7)      In section 69 (powers to remove persons committing or participating in

aggravated trespass), in subsection (3), for “three months” there is

substituted “51 weeks”.

London Local Authorities Act 1995 (c. x)

  46       In section 24 of the London Local Authorities Act 1995 (enforcement), in

5

subsection (1), for “three months” there is substituted “51 weeks”.

Police Act 1996 (c. 16)

  47       In section 89 of the Police Act 1996 (assaults on constables etc.), in subsection

(2), for “one month” there is substituted “51 weeks”.

Treasure Act 1996 (c. 24)

10

  48       In section 8 of the Treasure Act 1996 (duty of finder of treasure to notify

coroner), in subsection (3)(a), for “three months” there is substituted “51

weeks”.

Education Act 1996 (c. 56)

  49      (1)      The Education Act 1996 is amended as follows.

15

          (2)      In section 444 (failure to secure regular attendance at school), in subsection

(8A)(b), for “three months” there is substituted “51 weeks”.

          (3)      In section 559 (prohibition or restriction on employment of children), in

subsection (4)(b), for “one month” there is substituted “51 weeks”.

Government of Wales Act 1998 (c. 38)

20

  50       In section 75 of the Government of Wales Act 1998 (witnesses and

documents: supplementary), in subsection (3)(b), for “three months” there is

substituted “51 weeks”.

Access to Justice Act 1999 (c. 22)

  51       In section 21 of the Access to Justice Act 1999 (misrepresentation etc), in

25

subsection (2)(b), for “three months” there is substituted “51 weeks”.

Greater London Authority Act 1999 (c. 29)

  52       In section 64 of the Greater London Authority Act 1999 (failure to attend

proceedings etc), in subsection (2)(b), for “three months” there is substituted

“51 weeks”.

30

Immigration and Asylum Act 1999 (c. 33)

  53      (1)      The Immigration and Asylum Act 1999 is amended as follows.

          (2)      In section 105 (false representation), in subsection (2), for “three months”

there is substituted “51 weeks”.

          (3)      In section 108 (failure of sponsor to maintain), in subsection (2), for “3

35

months” there is substituted “51 weeks”.

 

 

Criminal Justice Bill
Schedule 24 — Increase in maximum term for certain summary offences

    321

 

Financial Services and Markets Act 2000 (c. 8)

  54      (1)      The Financial Services and Markets Act 2000 is amended as follows.

          (2)      In section 177 (offences), in subsection (6), for “three months” there is

substituted “51 weeks”.

          (3)      In section 352 (offences), in subsection (5), for “three months” there is

5

substituted “51 weeks”.

Terrorism Act 2000 (c. 11)

  55      (1)      The Terrorism Act 2000 is amended as follows.

          (2)      In section 36 (police powers), in subsection (4)(a), for “three months” there is

substituted “51 weeks”.

10

          (3)      In section 51 (offences in relation to parking), in subsection (6)(a), for “three

months” there is substituted “51 weeks”.

          (4)      In Schedule 5 (terrorist investigations: information)—

              (a)             in paragraph 3(8)(a), and

              (b)             in paragraph 15(5)(a),

15

                   for “three months” there is substituted “51 weeks”.

          (5)      In Schedule 7 (ports and border controls), in paragraph 18(2)(a), for “three

months” there is substituted “51 weeks”.

Criminal Justice and Police Act 2001 (c. 16)

  56      (1)      The Criminal Justice and Police Act 2001 is amended as follows.

20

          (2)      In section 25 (enforcement of closure orders)—

              (a)             in subsection (3)(a), for “one month” there is substituted “51 weeks”,

and

              (b)             in subsections (4) and (5), for “three months” there is substituted “51

weeks”.

25

          (3)      In section 42 (prevention of intimidation), in subsection (7), for “three

months” there is substituted “51 weeks”.

Police Reform Act 2002 (c. 30)

  57       In section 46 of the Police Reform Act 2002 (offences against designated and

accredited persons etc.), in subsection (2), for “one month” there is

30

substituted “51 weeks”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

  58       In section 137 of the Nationality, Immigration and Asylum Act 2002

(offences relating to the disclosure of information), in subsection (2)(a), for

“three months” there is substituted “51 weeks”.

35

 

 

Criminal Justice Bill
Schedule 25 — Enabling powers: alteration of maximum penalties etc.

    322

 

Schedule 25

Section 261

 

Enabling powers: alteration of maximum penalties etc.

Plant Health Act 1967 (c. 8)

  1       (1)      Section 3 of the Plant Health Act 1967 (control of spread of pests in Great

Britain) is amended as follows.

5

          (2)      In subsection (4A), for “three months” there is substituted “the prescribed

term”.

          (3)      After that subsection there is inserted—

              “(4B)                In subsection (4A) above, “the prescribed term” means—

                    (a)                   in relation to England and Wales, 51 weeks;

10

                    (b)                   in relation to Scotland, three months.”

Agriculture Act 1967 (c. 22)

  2       (1)      Section 9 of the Agriculture Act 1967 (powers to meet future developments

in livestock and livestock products industries) is amended as follows.

          (2)      In subsection (10), for “three months” there is substituted “the prescribed

15

term”.

          (3)      After that subsection there is inserted—

              “(10A)                In subsection (10), “the prescribed term” means—

                    (a)                   in relation to England and Wales, 51 weeks;

                    (b)                   in relation to Scotland, three months.”

20

European Communities Act 1972 (c. 68)

  3       (1)      Paragraph 1 of Schedule 2 to the European Communities Act 1972

(provisions as to powers conferred by section 2(2)) is amended as follows.

          (2)      In sub-paragraph (1)(d), for “three months” there is substituted “the

prescribed term”.

25

          (3)      After sub-paragraph (2) there is inserted—

          “(3)                                   In sub-paragraph (1)(d), “the prescribed term” means—

                      (a)                     in relation to England and Wales, where the offence is a

summary offence, 51 weeks;

                      (b)                     in relation to England and Wales, where the offence is

30

triable either way, twelve months;

                      (c)                     in relation to Scotland and Northern Ireland, three

months.”

Slaughterhouses Act 1974 (c. 3)

  4        In section 38(5) of the Slaughterhouses Act 1974 (maximum penalties to be

35

prescribed by regulations), the words “or imprisonment for a term of three

months or both” are omitted.

 

 

Criminal Justice Bill
Schedule 25 — Enabling powers: alteration of maximum penalties etc.

    323

 

Anatomy Act 1984 (c. 14)

  5       (1)      Section 11 of the Anatomy Act 1984 (offences) is amended as follows.

          (2)      In subsection (7), for “3 months” there is substituted “the prescribed term”.

          (3)      After that subsection there is inserted—

              “(7A)                In subsection (7), “the prescribed term” means—

5

                    (a)                   in relation to England and Wales, 51 weeks;

                    (b)                   in relation to Scotland, 3 months.”

Environmental Protection Act 1990 (c. 43)

  6       (1)      Section 141 of the Environmental Protection Act 1990 (power to prohibit or

restrict the importation or exportation of waste) is amended as follows.

10

          (2)      In paragraph (g) of subsection (5), for “six months” there is substituted “the

prescribed term”.

          (3)      After that subsection there is inserted—

              “(5A)                In subsection (5)(g), “the prescribed term” means—

                    (a)                   in relation to England and Wales, where the offence is a

15

summary offence, 51 weeks;

                    (b)                   in relation to England and Wales, where the offence is triable

either way, twelve months;

                    (c)                   in relation to Scotland and Northern Ireland, six months.”

Scotland Act 1998 (c. 46)

20

  7       (1)               Section 113 of the Scotland Act 1998 (subordinate legislation: scope of

powers) is amended as follows.

          (2)      In paragraph (a) of subsection (10), for “three months” there is substituted

“the prescribed term”.

          (3)      After that subsection there is inserted—

25

              “(10A)                In subsection (10)(a), “the prescribed term” means—

                    (a)                   in relation to England and Wales, where the offence is a

summary offence, 51 weeks;

                    (b)                   in relation to England and Wales, where the offence is triable

either way, twelve months;

30

                    (c)                   in relation to Scotland and Northern Ireland, three months.”

Regulatory Reform Act 2001 (c. 6)

  8       (1)      Section 3 of the Regulatory Reform Act 2001 (limitations on order-making

power) is amended as follows.

          (2)      In paragraph (b) of subsection (3), for “six months” there is substituted “the

35

prescribed term”.

          (3)      After that subsection there is inserted—

              “(3A)                In subsection (3)(b), “the prescribed term” means—

                    (a)                   in relation to England and Wales, where the offence is a

summary offence, 51 weeks;

40

 

 

Criminal Justice Bill
Schedule 26 — Increase in penalties for drug-related offences

    324

 

                    (b)                   in relation to England and Wales, where the offence is triable

either way, twelve months;

                    (c)                   in relation to Scotland and Northern Ireland, six months.”

Schedule 26

Section 262

 

Increase in penalties for drug-related offences

5

Misuse of Drugs Act 1971 (c. 38)

  1       (1)      Schedule 4 to the Misuse of Drugs Act 1971 (prosecution and punishment of

offences) is amended as follows.

          (2)      In column 6 of that Schedule (punishments for offences under that Act

committed in relation to Class C drugs), in each of the following entries, for

10

“5 years” there is substituted “14 years”.

          (3)      Those entries are the entries relating to the punishment, on conviction on

indictment, of offences under the following provisions of that Act—

              (a)             section 4(2) (production, or being concerned in the production, of a

controlled drug),

15

              (b)             section 4(3) (supplying or offering to supply a controlled drug or

being concerned in the doing of either activity by another),

              (c)             section 5(3) (having possession of a controlled drug with intent to

supply it to another),

              (d)             section 8 (being the occupier, or concerned in the management, of

20

premises and permitting or suffering certain activities to take place

there),

              (e)             section 12(6) (contravention of direction prohibiting practitioner etc

from possessing, supplying etc controlled drugs), and

              (f)             section 13(3) (contravention of direction prohibiting practitioner etc

25

from prescribing, supplying etc controlled drugs).

Customs and Excise Management Act 1979 (c. 2)

  2        In Schedule 1 to the Customs and Excise Management Act 1979 (controlled

drugs: variation of punishments for certain offences under that Act), in

paragraph 2(c) (punishment on conviction on indictment of offences under

30

that Act committed in relation to Class C drugs), for “5 years” there is

substituted “14 years”.

Criminal Justice (International Co-operation) Act 1990 (c. 5)

  3        In section 19 of the Criminal Justice (International Co-operation) Act 1990

(ships used for illicit traffic), in subsection (4)(c)(ii) (punishment on

35

conviction on indictment of offences under that section committed in

relation to Class C drugs), for “five years” there is substituted “fourteen

years”.

 

 

 
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Revised 17 October 2003