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Criminal Justice Bill


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

    332

 

          (2)      In sub-paragraph (4)(a), for “a community service order for more than sixty

hours” there is substituted “a community order requiring the offender to

perform unpaid work for more than sixty hours”.

          (3)      In sub-paragraph (6), for the words from ““a community” onwards there is

substituted ““a community order” means an order under section 159 of the

5

Criminal Justice Act 2003, a community punishment order made before the

commencement of that section or a community service order under the

Community Service by Offenders (Scotland) Act 1978”.

Criminal Attempts Act 1981 (c. 47)

  32       In section 4 of the Criminal Attempts Act 1981 (trials and penalties), in

10

subsection (5)(b), for sub-paragraph (ii) there is substituted—

                           “(ii)                             in section 136(1) and (2) (general limit on magistrates’

court’s powers to impose imprisonment) of the

Criminal Justice Act 2003.”.

Criminal Justice Act 1982 (c. 48)

15

  33       The Criminal Justice Act 1982 is amended as follows.

  34       In section 32 (early release of prisoners), in subsection (1)(a), after “life” there

is inserted “, imprisonment for public protection under section 207 of the

Criminal Justice Act 2003 or an extended sentence under section 209 of that

Act”.

20

  35      (1)      Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland): persons

residing in England and Wales or Scotland) is amended as follows.

          (2)      In paragraph 7—

              (a)             in sub-paragraph (2)(b), for “such orders” there is substituted “an

unpaid work requirement of a community order (within the

25

meaning of Part 11 of the Criminal Justice Act 2003)”, and

              (b)             in sub-paragraph (3)(b), for the words from “community service

orders” onwards there is substituted “community orders within the

meaning of Part 11 of the Criminal Justice Act 2003 conferred on

responsible officers by that Part of that Act.”.

30

          (3)      For paragraph 9(3) there is substituted—

          “(3)                                   Subject to the following provisions of this paragraph—

              (a)             a community service order made or amended in the circumstances

specified in paragraph 7 above shall be treated as if it were a

community order made in England and Wales under section 159 of

35

the Criminal Justice Act 2003 and the provisions of Part 11 of that Act

(so far as relating to such orders) shall apply accordingly; and

              (b)             a community service order made or amended in the circumstances

specified in paragraph 8 above shall be treated as if it were a

community service order made in Scotland and the legislation

40

relating to community service orders in Scotland shall apply

accordingly.”

          (4)      In paragraph 9(4)(a), after “community service orders” there is inserted “or,

as the case may be, community orders (within the meaning of Part 11 of the

Criminal Justice Act 2003)”.

45

 

 

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

    333

 

          (5)      In paragraph 9(5), after “a community service order” there is inserted “or, as

the case may be, a community order (within the meaning of Part 11 of the

Criminal Justice Act 2003)”.

          (6)      In paragraph 9(6)—

              (a)             after “community service orders”, where first occurring, there is

5

inserted “or, as the case may be, community orders (within the

meaning of Part 11 of the Criminal Justice Act 2003)”, and

              (b)             in paragraph (b)(i), for “the Powers of Criminal Courts (Sentencing)

Act 2000” there is substituted “Part 11 of the Criminal Justice Act

2003”.

10

Mental Health Act 1983 (c. 20)

  36       The Mental Health Act 1983 is amended as follows.

  37       In section 37 (powers of courts to order hospital admission or

guardianship)—

              (a)             in subsection (1), the words “or falls to be imposed under section

15

109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are

omitted,

              (b)             for subsections (1A) and (1B) there is substituted —

                    “(1A)                      In the case of an offence the sentence for which would

otherwise fall to be imposed—

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                           (a)                          under section 51A(2) of the Firearms Act 1968,

                           (b)                          under section 110(2) or 111(2) of the Powers of

Criminal Courts (Sentencing) Act 2000, or

                           (c)                          under any of sections 207 to 210 of the Criminal

Justice Act 2003,

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                                          nothing in those provisions shall prevent a court from

making an order under subsection (1) above for the

admission of the offender to a hospital.

                    (1B)                      References in subsection (1A) above to a sentence falling to be

imposed under any of the provisions mentioned in that

30

subsection are to be read in accordance with section 281(4) of

the Criminal Justice Act 2003.”

              (c)             in subsection (8), for “probation order” there is substituted

“community order (within the meaning of Part 11 of the Criminal

Justice Act 2003)”.

35

  38       In section 45A (powers of higher courts to direct hospital admission), in

subsection (1)(b), the words from “except” to “1997” are omitted.

Repatriation of Prisoners Act 1984 (c. 47)

  39                The Repatriation of Prisoners Act 1984 is amended as follows.

  40                In section 2 (transfer out of the United Kingdom), in subsection (4)(b), for

40

sub-paragraph (i) there is substituted—

                           “(i)                             released on licence under section 28(5) of the Crime

(Sentences) Act 1997 or under section 226 or 228 of the

Criminal Justice Act 2003; or”.

 

 

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

    334

 

  41                In section 3 (transfer into the United Kingdom), subsection (9) is omitted.

  42      (1)               The Schedule (operation of certain enactments in relation to the prisoner) is

amended as follows in relation to prisoners repatriated to England and

Wales.

          (2)               In paragraph 2, for sub-paragraphs (1A) and (2) there is substituted—

5

                           “(2)                  If the warrant specifies a period to be taken into account for the

purposes of this paragraph, the amount of time the prisoner has

served shall, so far only as the question whether he has served a

particular part of a life sentence is concerned, be deemed to be

increased by that period.

10

                           (3)                  Where the prisoner’s sentence is for a term of less than twelve

months, Chapter 6 of Part 11 of the Criminal Justice Act 2003 shall

apply as if the sentence were for a term of twelve months or more.

                           (4)                  In this paragraph—

                       “the enactments relating to release on licence” means

15

section 28(5) and (7) of the Crime (Sentences) Act 1997

and Chapter 6 of Part 11 of the Criminal Justice Act 2003;

                       “sentence”, means the provision included in the warrant

which is equivalent to sentence.”.

          (3)               Paragraph 3 is omitted.

20

Police and Criminal Evidence Act 1984 (c. 60)

  43       In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody

officer after charge), for the definitions of “sexual offence” and “violent

offence” in subsection (6A) there is substituted—

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

25

the Criminal Justice Act 2003;

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

Schedule;”.

Criminal Justice Act 1988 (c. 33)

  44       The Criminal Justice Act 1988 is amended as follows.

30

  45       In section 36 (reviews of sentencing), in subsection (2), for the words from

“erred in law” onwards there is substituted—

                    “(a)                      erred in law as to his powers of sentencing; or

                    (b)                      failed to impose a sentence required by—

                           (i)                          section 51A(2) of the Firearms Act 1968;

35

                           (ii)                         section 110(2) or 111(2) of the Powers of Criminal

Courts (Sentencing) Act 2000; or

                           (iii)                        any of sections 207 to 210 of the Criminal Justice Act

2003.”

  46       In section 50 (suspended and partly suspended sentences on certain civilians

40

in courts-martial and Standing Civilian Courts), in subsection (3)(b)(i), for

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

“Criminal Justice Act 2003”.

 

 

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

    335

 

Road Traffic Act 1988 (c. 52)

  47       In section 164 of the Road Traffic Act 1988 (power of constables to require

production of driving licence and in certain cases statement of date of birth),

in subsection (5), for “section 40 of the Crime (Sentences) Act 1997” there is

substituted “section 277 of the Criminal Justice Act 2003”.

5

Road Traffic Offenders Act 1988 (c. 53)

  48       The Road Traffic Offenders Act 1988 is amended as follows.

  49       In section 27 (production of licence), in subsection (3), for “section 40 of the

Crime (Sentences) Act 1997” there is substituted “section 277 of the Criminal

Justice Act 2003”.

10

  50       In section 46 (combination of disqualification and endorsement with

probation orders and orders for discharge), in subsection (1), paragraph (a)

and the word “or” following it shall cease to have effect.

Football Spectators Act 1989 (c. 37)

  51       The Football Spectators Act 1989 is amended as follows.

15

  52       In section 7 (disqualification for membership of scheme), subsection (9) is

omitted.

  53       In section 14E (banning orders: general), after subsection (6) there is

inserted—

              “(7)                A person serving a sentence of imprisonment to which an

20

intermittent custody order under section 165 of the Criminal Justice

Act 2003 relates is to be treated for the purposes of this section as

having been detained in legal custody until his final release; and

accordingly any reference in this section to release is, in relation to a

person serving such a sentence, a reference to his final release.”

25

  54       In section 18 (information), after subsection (4) there is inserted—

              “(5)                In relation to a person serving a sentence of imprisonment to which

an intermittent custody order under section 165 of the Criminal

Justice Act 2003 relates, any reference in this section to his detention

or to his release shall be construed in accordance with section

30

14E(7).”

Children Act 1989 (c. 41)

  55       The Children Act 1989 is amended as follows.

  56      (1)      Section 68 (persons disqualified from being foster parents) is amended as

follows.

35

          (2)      In subsection (2)(d), the words “a probation order has been made in respect

of him or he has been” are omitted.

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

              “(2A)                A conviction in respect of which a probation order was made before

1st October 1992 (which would not otherwise be treated as a

40

 

 

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

    336

 

conviction) is to be treated as a conviction for the purposes of

subsection (2)(d).”

  57      (1)      In Schedule 9A (child minding and day care for young children), paragraph

4 is amended as follows.

          (2)      In sub-paragraph (2)(g), the words “placed on probation or” are omitted.

5

          (3)      At the end there is inserted—

              “(7)                A conviction in respect of which a probation order was made before

1st October 1992 (which would not otherwise be treated as a

conviction) is to be treated as a conviction for the purposes of this

paragraph.”.

10

Criminal Justice Act 1991 (c. 53)

  58       The Criminal Justice Act 1991 is amended as follows.

  59       Section 65 (supervision of young offenders after release) is omitted.

  60      (1)      Schedule 3 (reciprocal enforcement of certain orders) is amended as follows.

          (2)      In paragraph 10(3)(d), for the words from “paragraph 3 of Schedule 2”

15

onwards there is substituted “section 183 of the Criminal Justice Act 2003”.

          (3)      In paragraph 11(2) —

              (a)             in paragraph (a)—

                    (i)                   for “probation order” there is substituted “community

order”, and

20

                    (ii)                  after “England and Wales” there is inserted “under section

159 of the Criminal Justice Act 2003”, and

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

                             “(b)                               the provisions of Part 11 of that Act (so far as

relating to such orders) shall apply accordingly.”.

25

          (4)      In paragraph 11(3), for paragraphs (a) and (b) there is substituted—

                      “(a)                        the requirements of Part 11 of the Criminal Justice Act 2003

relating to community orders (within the meaning of that

Part);

                      (b)                        the powers of the home court under Schedule 7 to that Act,

30

as modified by this paragraph; and”.

          (5)      In paragraph 11(4), for the words from “probation order made by a court”

onwards there is substituted “community order made by a court in England

and Wales under section 159 of the Criminal Justice Act 2003, except a power

conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 7 to that Act”.

35

          (6)      In paragraph 11(5), for “the Powers of Criminal Courts (Sentencing) Act

2000” there is substituted “Part 11 of the Criminal Justice Act 2003”.

Aggravated Vehicle-Taking Act 1992 (c. 11)

  61       In section 1 of the Aggravated Vehicle-Taking Act 1992 (new offence of

aggravated vehicle taking), in subsection (2)(a), for “section 127 of the

40

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

“section 145 of the Criminal Justice Act 2003”.

 

 

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

    337

 

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

  62       In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993

(life prisoners transferred to Scotland)—

              (a)             in subsection (1)—

                    (i)                   in paragraph (a), sub-paragraph (i), and the succeeding “or”,

5

are omitted, and

                    (ii)                  after paragraph (a)(ii) there is inserted “or

                                        (iii)                                          subsections (5) to (8) of section 28

(early release of life prisoners to whom

that section applies) of the Crime

10

(Sentences) Act 1997 (c. 43) (in this

section, the “1997 Act”) apply by

virtue of an order made under section

28(2)(b) of that Act (while that

provision was in force) or an order

15

made under section 247(2) of, or

paragraph 3(1)(a) of Schedule 20 to,

the Criminal Justice Act 2003;”, and

                    (iii)                 for “28(2)(b) or 82A(2) or paragraph” there is substituted

“82A(2), 28(2)(b) or 247(2) or paragraph 3(1)(a) or”;

20

              (b)             in subsection (5)(b)—

                    (i)                   for “the Crime (Sentences) Act 1997” there is substituted “the

1997 Act”, and

                    (ii)                  after the words “Powers of Criminal Courts (Sentencing) Act

2000 (c. 6)” there is inserted “section 247(2) of, or paragraph

25

3(1)(a) of Schedule 20 to, the Criminal Justice Act 2003,”.

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

  63       In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for

defendants charged with or convicted of homicide or rape after previous

conviction of such offences), in paragraph (c) of the definition of

30

“conviction” in subsection (5)—

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

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

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

  64      (1)      In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995

35

(qualifications for standard licence), paragraph 3 is amended as follows.

          (2)      In sub-paragraph (2)(a), for “exceeding three months” there is substituted

“of 12 months or more or, before the commencement of section 163 of the

Criminal Justice Act 2003, a term exceeding 3 months”.

          (3)      In sub-paragraph (2)(c), for “community service order” there is substituted

40

“community order”.

          (4)      For sub-paragraph (3)(b), there is substituted—

                      “(b)                        “community order” means a community order under

section 159 of the Criminal Justice Act 2003, a community

punishment order made under section 46 of the Powers of

45

Criminal Courts (Sentencing) Act 2000 or a community

 

 

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

    338

 

service order under the Community Service by Offenders

(Scotland) Act 1978.”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

  65       The Criminal Procedure (Scotland) Act 1995 is amended as follows.

  66      (1)      Section 234 (probation orders: persons residing in England and Wales) is

5

amended as follows.

          (2)      For subsection (2) there is substituted—

              “(2)                Subsection (1) above applies to any probation order made under

section 228 unless the order includes requirements which are more

onerous than those which a court in England and Wales could

10

impose on an offender under section 159 of the Criminal Justice Act

2003.”

          (3)                        In subsection (4)—

              (a)             in paragraph (a)—

                    (i)                   for “paragraph 5(3) of Schedule 2 to the 2000 Act” there is

15

substituted “section 189(2) of the Criminal Justice Act 2003”,

                    (ii)                  for “or, as the case may be, community rehabilitation orders”

there is substituted “or, as the case may be, community

orders under Part 11 of that Act”, and

                    (iii)                 for “paragraph 5 of the said Schedule 2” there is substituted

20

“section 189 of the Criminal Justice Act 2003”, and

              (b)             in paragraph (b), for “sub-paragraphs (5) to (7) of the said paragraph

5” there is substituted “sections 189(4) and 190(1) and (2) of the

Criminal Justice Act 2003”.

          (4)      In subsection (5), for “Schedule 3” onwards there is substituted “Schedule 7

25

to the Criminal Justice Act 2003 shall apply as if it were a community order

made under section 159 of that Act”.

          (5)      In subsection (6)—

              (a)             for “Schedule 3 to the 2000 Act” there is substituted “Schedule 7 to

the Criminal Justice Act 2003”,

30

              (b)             for “sub-paragraphs (4) and (5) of paragraph 4” there is substituted

“sub-paragraphs (6) and (7) of paragraph 9”, and

              (c)             for “sub-paragraph (4)” there is substituted “sub-paragraph (6)”.

          (6)      In subsection (10)—

              (a)             for the words from “paragraph 6” to “community rehabilitation

35

orders” there is substituted “paragraph 8 of Schedule 8 (which

relates to community orders”, and

              (b)             for “an order made under section 41” there is substituted “a

community order made under Part 11”.

  67       In section 242 (community service orders: persons residing in England and

40

Wales)—

              (a)             in subsection (1)—

                    (i)                   in paragraph (a)(ii), for “a community punishment order”

there is substituted “an unpaid work requirement imposed

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

45

Criminal Justice Act 2003)”, and

 

 

 
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