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Criminal Justice Bill
Schedule 27 — Default orders: modification of provisions relating to community orders

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Schedule 27

Section 276

 

Default orders: modification of provisions relating to community orders

General

  1        Any reference to the offender is, in relation to a default order, to be read as

a reference to the person in default.

5

Unpaid work requirement

  2       (1)      In its application to a default order, section 181 (unpaid work requirement)

is modified as follows.

          (2)      In subsection (2), for paragraphs (a) and (b) there is substituted—

                    “(a)                      not less than 20 hours, and

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                    (b)                      in the case of an amount in default which is specified in the

first column of the following Table, not more than the

number of hours set out opposite that amount in the second

column.

 

Amount

Number of

 

15

  

Hours

 
 

An amount not exceeding

40 hours

 
 

£200

  
 

An amount exceeding £200

60 hours

 
 

but not exceeding £500

  

20

 

An amount exceeding £500

100 hours”

 

          (3)      Subsection (5) is omitted.

Curfew requirement

  3       (1)      In its application to a default order, section 186 (curfew requirement) is

modified as follows.

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

              “(2A)                In the case of an amount in default which is specified in the first

column of the following Table, the number of days on which the

person in default is subject to the curfew requirement must not

exceed the number of days set out opposite that amount in the

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second column.

 

 

Criminal Justice Bill
Schedule 27 — Default orders: modification of provisions relating to community orders

    326

 
 

Amount

Number of

 
  

days

 
 

An amount not exceeding

20 days

 
 

£200

  
 

An amount exceeding £200

30 days

 

5

 

but not exceeding £500

  
 

An amount exceeding £500

60 days

 
 

but not exceeding £1,000

  
 

An amount exceeding

90 days

 
 

£1,000 but not exceeding

  

10

 

£2,500

  
 

An amount exceeding

180 days”

 
 

£2,500

  

Enforcement, revocation and amendment of default order

  4       (1)      In its application to a default order, Schedule 7 (breach, revocation or

15

amendment of community orders) is modified as follows.

          (2)      Any reference to the offence in respect of which the community order was

made is to be taken to be a reference to the default in respect of which the

default order was made.

          (3)      Any power of the court to deal with the offender in any way in which it

20

could deal with him if he had just been convicted of the offence is to be taken

to be a power to deal with him in any way in which the court which made

the default order could deal with him for his default in paying the sum in

question.

          (4)      In paragraph 4 the reference to the Crown Court is to be taken as a reference

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to a magistrates’ court.

          (5)      The following provisions are omitted—

              (a)             paragraph 9(1)(c), (5) and (8),

              (b)             paragraph 12,

              (c)             paragraph 13(5),

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              (d)             paragraph 15,

              (e)             paragraph 17(5),

              (f)             paragraph 21(4), and

              (g)             paragraph 23(2)(b).

Power to alter amount of money or number of hours or days

35

  5        The Secretary of State may by order amend paragraph 2 or 3 by substituting

for any reference to an amount of money or a number of hours or days there

specified a reference to such other amount or number as may be specified in

the order.

 

 

Criminal Justice Bill
Schedule 28 — Amendments relating to sentencing
Part 1 — General

    327

 

Transfer of default orders to Scotland or Northern Ireland

  6        In its application to a default order, Schedule 8 (transfer of community

orders to Scotland or Northern Ireland) is modified as follows.

  7        After paragraph 8 there is inserted—

          “8A                  Nothing in paragraph 8 affects the application of section 276(7) to

5

a default order made or amended in accordance with paragraph 1

or 3.”

  8        In paragraph 10, after paragraph (b) there is inserted—

                      “(bb)                        any power to impose a fine on the offender.”

Schedule 28

10

Section 280

 

Amendments relating to sentencing

Part 1

General

Piracy Act 1837 (c. 88)

  1        Section 3 of the Piracy Act 1837 (punishment for offence under certain

15

repealed Acts relating to piracy) shall cease to have effect.

Children and Young Persons Act 1933 (c. 12)

  2       (1)      Section 49 of the Children and Young Persons Act 1933 (restrictions on

reports of proceedings in which young persons are concerned) is amended

as follows.

20

          (2)      In subsection (4A)(d), for “section 62(3) of the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “section 204(1)(d) or (e) of the

Criminal Justice Act 2003”.

          (3)      In subsection (11)—

              (a)             in the definition of “sexual offence”, for “has the same meaning as in

25

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

substituted “means an offence listed in Part 2 of Schedule 14 to the

Criminal Justice Act 2003”, and

              (b)             in the definition of “violent offence”, for “has the same meaning as in

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

30

substituted “means an offence listed in Part 1 of Schedule 14 to the

Criminal Justice Act 2003”.

Prison Act 1952 (c. 52)

  3        In section 53 of the Prison Act 1952 (interpretation), for “section 62 of the

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

35

“section 203 of the Criminal Justice Act 2003”.

 

 

Criminal Justice Bill
Schedule 28 — Amendments relating to sentencing
Part 1 — General

    328

 

Criminal Justice Act 1967 (c.80)

  4        The Criminal Justice Act 1967 is amended as follows.

  5        In section 32 (amendments of costs in Criminal Cases Act 1952), in

subsection (3)(a), for “make an order under paragraph 5 of Schedule 2 to the

Powers of Criminal Courts (Sentencing) Act 2000 (probation orders

5

requiring treatment for mental condition) or” there is substituted “include in

a community order (within the meaning of Part 12 of the Criminal Justice

Act 2003) a mental health requirement under section 189 of that Act or make

an order under”.

  6        In section 104 (general provisions as to interpretation)_

10

              (a)             in subsection (1), the definition of “suspended sentence” is omitted,

and

              (b)             subsection (2) is omitted.

Criminal Appeal Act 1968 (c. 19)

  7        The Criminal Appeal Act 1968 is amended as follows.

15

  8       (1)      Section 10 (appeal against sentence in cases dealt with by Crown Court

otherwise than on conviction on indictment) is amended as follows.

          (2)      In subsection (2) —

              (a)             in paragraph (b), for “or a community order within the meaning of

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

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substituted “a youth community order within the meaning of the

Powers of Criminal Courts (Sentencing) Act 2000 or a community

order within the meaning of Part 11 of the Criminal Justice Act 2003”,

and

              (b)                             paragraph (c) and the word “or” immediately preceding it are

25

omitted.

          (3)      In subsection (3)(c), for paragraph (iii) there is substituted—

                    “(iii)                      an order under paragraph 8(2)(a) or (b) of Schedule 11 to the

Criminal Justice Act 2003 (powers of court on breach of

community requirement or conviction of further offence in

30

relation to suspended sentence);”.

  9        In section 11 (supplementary provisions as to appeal against sentence),

subsection (4) is omitted.

  10       In Schedule 2 (procedural and other provisions applicable on order for

retrial), in paragraph 2(4), for the words from the beginning to “apply” there

35

is substituted “Section 222 of the Criminal Justice Act 2003 (crediting of

periods of remand in custody: terms of imprisonment and detention) shall

apply”.

Firearms Act 1968 (c. 27)

  11       The Firearms Act 1968 is amended as follows.

40

  12      (1)      Section 21 (possession of firearms by persons previously convicted of crime)

is amended as follows.

 

 

Criminal Justice Bill
Schedule 28 — Amendments relating to sentencing
Part 1 — General

    329

 

          (2)      In subsection (2A), after paragraph (c) there is inserted—

                    “(d)                      in the case of a person who has been subject to a sentence of

imprisonment to which an intermittent custody order under

section 165(1)(b) of the Criminal Justice Act 2003 relates, the

date of his final release.”

5

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

              “(2B)                A person who is serving a sentence of imprisonment to which an

intermittent custody order under section 165 of the Criminal Justice

Act 2003 relates shall not during any licence period specified for the

purposes of subsection (1)(b)(i) of that section have a firearm or

10

ammunition in his possession.”.

          (4)      In subsection (3)(b), for “probation order” there is substituted “community

order”.

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

              “(3ZA)                In subsection (3)(b) above, “community order” means—

15

                    (a)                   a community order within the meaning of Part 11 of the

Criminal Justice Act 2003 made in England and Wales, or

                    (b)                   a probation order made in Scotland.”

          (6)      In subsection (6), after “(2)” there is inserted “, (2B)”.

  13      (1)      Section 52 (forfeiture and disposal of firearms; cancellation of certificate by

20

convicting court) is amended as follows.

          (2)      In subsection (1)(c), for “probation order” there is substituted “community

order”.

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

              “(1A)                In subsection (1)(c) “community order” means—

25

                    (a)                   a community order within the meaning of Part 11 of the

Criminal Justice Act 2003 made in England and Wales, or

                    (b)                   a probation order made in Scotland.”

Social Work (Scotland) Act 1968 (c. 49)

  14       In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in the

30

definition of “probation order” in subsection (1), for “community

rehabilitation order” there is substituted “community order within the

meaning of Part 11 of the Criminal Justice Act 2003”.

Children and Young Persons Act 1969 (c. 54)

  15       In section 23 of the Children and Young Persons Act 1969 (remands and

35

committals to local authority accommodation), for the definition of “sexual

offence” and “violent offence” in subsection (12) there is substituted—

                    “sexual offence” means an offence specified in Part 2 of Schedule 14 to

the Criminal Justice Act 2003;

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

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Schedule 14 to the Criminal Justice Act 2003;”.

 

 

Criminal Justice Bill
Schedule 28 — Amendments relating to sentencing
Part 1 — General

    330

 

Immigration Act 1971 (c. 77)

  16       In section 7 of the Immigration Act 1971 (exemption from deportation for

certain existing residents), in subsection (4), for “section 67 of the Criminal

Justice Act 1967” there is substituted “section 222 of the Criminal Justice Act

2003”.

5

Thames Barrier and Flood Prevention Act 1972 (c. xiv)

  17       In section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders

for carrying out certain defence works), in subsection (3)(a)(ii), for “six

months” there is substituted “12 months”.

Rehabilitation of Offenders Act 1974 (c. 53)

10

  18      (1)      Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods

for particular offences) is amended as follows.

          (2)      In subsection (1)—

              (a)             at the end of paragraph (e), there is inserted “and”, and

              (b)             after that paragraph, there is inserted the following paragraph—

15

                           “(f)                             a sentence of imprisonment for public protection

under section 207 of the Criminal Justice Act 2003, a

sentence of detention for public protection under

section 208 of that Act or an extended sentence under

section 209 or 210 of that Act”

20

          (3)      In subsection (4A), after the words “probation order” there is inserted “or a

community order under section 159 of the Criminal Justice Act 2003”.

Armed Forces Act 1976 (c. 52)

  19      (1)      Section 8 of the Armed Forces Act 1976 (powers of Standing Civilian Courts

in relation to civilians) is amended as follows.

25

          (2)      In subsection (1)(a), for “six months” there is substituted “twelve months”.

          (3)      In subsection (2), for “12 months” there is substituted “65 weeks”.

Bail Act 1976 (c. 63)

  20       The Bail Act 1976 is amended as follows.

  21      (1)      Section 2 (other definitions) is amended as follows.

30

          (2)      In subsection (1)(d)—

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

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

          (3)      In subsection (2), in the definition of “probation hostel”, for the words from

“by” onwards there is substituted “by a community order under section 159

35

of the Criminal Justice Act 2003”.

  22       In section 4 (general right to bail of accused persons and others), in

subsection (3), for the words from “to be dealt with” onwards there is

 

 

Criminal Justice Bill
Schedule 28 — Amendments relating to sentencing
Part 1 — General

    331

 

substituted “or the Crown Court to be dealt with under—

                    (a)                      Part 2 of Schedule 3 to the Powers of Criminal Courts

(Sentencing) Act 2000 (breach of certain youth community

orders), or

                    (b)                      Part 2 of Schedule 7 to the Criminal Justice Act 2003 (breach

5

of requirement of community order).”

  23       In Part 3 of Schedule 1 (interpretation), in the definition of “default” in

paragraph 4, for the words from “Part II” onwards there is substituted “Part

2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement of

order)”.

10

Criminal Law Act 1977 (c. 45)

  24       In section 3 of the Criminal Law Act 1977 (penalties for conspiracy), in

subsection (1), for “section 127 of the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “section 145 of the Criminal

Justice Act 2003”.

15

Magistrates’ Courts Act 1980 (c. 43)

  25       The Magistrates’ Courts Act 1980 is amended as follows.

  26       In section 11 (non appearance of accused), in subsection (3), for “section 119

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

“paragraph 8(2)(a) or (b) of Schedule 11 to the Criminal Justice Act 2003”.

20

  27       In section 33 (maximum penalties on summary conviction in pursuance of

section 22), in subsection (1)(a), for “3 months” there is substituted “51

weeks”.

  28       In section 85 (power to remit fine), in subsection (2A), for “section 35(2)(a) or

(b) of the Crime (Sentences) Act 1997” there is substituted “section 276(2) of

25

the Criminal Justice Act 2003”.

  29       In section 131 (remand of accused already in custody), after subsection (2)

there is inserted—

              “(2A)                Where the accused person is serving a sentence of imprisonment to

which an intermittent custody order under section 165 of the

30

Criminal Justice Act 2003 relates, the reference in subsection (2) to the

expected date of his release is to be read as a reference to the expected

date of his next release on licence.”.

  30       In section 133 (consecutive terms of imprisonment), in subsection (1), for

“Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act

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2000,” there is substituted “Subject to section 243 of the Criminal Justice Act

2003,”.

Public Passenger Vehicles Act 1981 (c. 14)

  31      (1)      In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary

provisions as to qualifications for PSV operators licence), paragraph 1 is

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amended as follows.

 

 

 
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