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Criminal Justice Bill


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

    339

 

                    (ii)                  in paragraph (a)(iii), for “community punishment orders

made under section 46 of the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “unpaid work

requirements imposed by community orders made under

section 159 of the Criminal Justice Act 2003”,

5

              (b)             in subsection (2)(b), for “community punishment orders made under

section 46 of the Powers of Criminal Courts (Sentencing) Act 2000”

there is substituted “unpaid work requirements imposed by

community orders made under section 159 of the Criminal Justice

Act 2003”, and

10

              (c)             in subsection (3)(b), for “in respect of community punishment orders

conferred on responsible officers by the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “conferred on responsible

officers by Part 11 of the Criminal Justice Act 2003 in respect of

unpaid work requirements imposed by community orders (within

15

the meaning of that Part)”.

  68       In section 244 (community service orders: provisions relating to persons

living in England and Wales or Northern Ireland)—

              (a)             in subsection (3)(a)—

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

20

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

Criminal Justice Act 2003)”, and

                    (ii)                  for “community punishment orders” there is substituted

“such community orders”,

              (b)             in subsection (4)(a), for “community punishment orders” there is

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substituted “community orders (within the meaning of Part 11 of the

Criminal Justice Act 2003)”,

              (c)             in subsection (5), for “community punishment order” there is

substituted “a community order (within the meaning of Part 11 of the

Criminal Justice Act 2003)”, and

30

              (d)             in subsection (6)—

                    (i)                   for “community punishment orders”, where first occurring,

there is substituted “community orders (within the meaning

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

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

35

(Sentencing) Act 2000” there is substituted “Part 11 of the

Criminal Justice Act 2003”.

Education Act 1996 (c. 56)

  69       In section 562 of the Education Act 1996 (Act not to apply to persons

detained under order of a court), for “probation order” there is substituted

40

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

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))

  70       In Article 13 of the Criminal Justice (Northern Ireland) Order 1996

(community service orders), in paragraph (4)(b) as it has effect pursuant to

paragraph 7(1) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal

45

arrangements), for “such orders” there is substituted “an unpaid work

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

Criminal Justice Act 2003)”.

 

 

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

    340

 

Crime (Sentences) Act 1997 (c. 43)

  71       The Crime (Sentences) Act 1997 is amended as follows.

  72      (1)                        Section 31(duration and conditions of licences) is amended as follows.

          (2)                        In subsection (3), for the words from “except” onwards there is substituted

“except in accordance with recommendations of the Parole Board”.

5

          (3)                        Subsection (4) is omitted.

          (4)      In subsection (6), for “section 46(3) of the 1991 Act” there is substituted

“section 228(5) of the Criminal Justice Act 2003”.

  73                In section 32 (recall of life prisoners while on licence) for subsection (5) there

is substituted—

10

              “(5)                Where on a reference under subsection (4) above the Parole Board

directs the immediate release on licence under this section of the life

prisoner, the Secretary of State shall give effect to the direction.”

  74      (1)       Schedule 1 (transfers of prisoners within the British Islands) is amended as

follows.

15

          (2)                        In paragraph 6, after sub-paragraph (3) there is inserted—

          “(4)                                   In this Part of this Schedule—

                       “the 2003 Act” means the Criminal Justice Act 2003;

                       “custody plus order” has the meaning given by section

163(4) of that Act;

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                       “intermittent custody order” has the meaning given by

section 165(2) of that Act.”

          (3)                        In paragraph 8 (restricted transfers from England and Wales to Scotland)—

              (a)             for sub-paragraph (2)(a) there is substituted—

                             “(a)                               sections 223, 226, 229 to 234 and 236 to 242 of the

25

2003 Act (release on licence of fixed-term prisoners)

or, as the case may require, sections 102 to 104 of

the Powers of Criminal Courts (Sentencing) Act

2000 (detention and training orders) or sections 28

to 34 of this Act (life sentences) shall apply to him

30

in place of the corresponding provisions of the law

of Scotland;

                             (aa)                               sections 62 and 64 of the Criminal Justice and Court

Services Act 2000 (which relate to licence

conditions) shall apply to him in place of the

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corresponding provisions of the law of Scotland;

                             (ab)                               where a custody plus order or intermittent custody

order has effect in relation to him, the provisions of

Chapters 3 and 4 of Part 11 of the 2003 Act relating

to such orders shall also apply to him (subject to

40

Schedule 10 to that Act); and”,

              (b)             for sub-paragraph (4)(a) there is substituted—

                             “(a)                               sections 223, 231 to 234 and 236 to 242 of the 2003

Act (duration and conditions of licences for fixed-

term prisoners) or, as the case may require, sections

45

103 and 104 of the Powers of Criminal Courts

(Sentencing) Act 2000 (detention and training

 

 

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

    341

 

orders) or sections 31 to 34 of this Act (life

sentences) shall apply to him in place of the

corresponding provisions of the law of Scotland;

                             (aa)                               sections 62 and 64 of the Criminal Justice and Court

Services Act 2000 (which relate to licence

5

conditions) shall apply to him in place of the

corresponding provisions of the law of Scotland;

                             (ab)                               where a custody plus order or intermittent custody

order has effect in relation to him, the provisions of

Chapters 3 and 4 of Part 11 of the 2003 Act relating

10

to such orders shall also apply to him (subject to

Schedule 10 to that Act); and”, and

              (c)             for sub-paragraphs (5) to (7) there is substituted—

                                        “(5)                        Section 31(2A) of this Act (conditions as to supervision

after release), as applied by sub-paragraph (2) or (4) above,

15

shall have effect as if for paragraphs (a) to (c) there were

substituted the words “a relevant officer of such local

authority as may be specified in the licence”.”

          (4)                        In paragraph 9 (restricted transfers from England and Wales to Northern

Ireland)—

20

              (a)             for sub-paragraph (2)(a) there is substituted—

                             “(a)                               sections 223, 226, 229 to 234 and 236 to 242 of the

2003 Act (release on licence of fixed-term prisoners)

or, as the case may require, sections 102 to 104 of

the Powers of Criminal Courts (Sentencing) Act

25

2000 (detention and training orders) or sections 28

to 34 of this Act (life sentences) shall apply to him

in place of the corresponding provisions of the law

of Northern Ireland;

                             (aa)                               sections 62 and 64 of the Criminal Justice and Court

30

Services Act 2000 (which relate to licence

conditions) shall apply to him in place of the

corresponding provisions of the law of Northern

Ireland;

                             (ab)                               where a custody plus order or intermittent custody

35

order has effect in relation to him, the provisions of

Chapters 3 and 4 of Part 11 of the 2003 Act relating

to such orders shall apply to him (subject to

Schedule 10 to that Act); and”,

              (b)             for sub-paragraph (4)(a) there is substituted—

40

                             “(a)                               sections 223, 231 to 234 and 236 to 242 of the 2003

Act (duration and conditions of licences for fixed-

term prisoners) or, as the case may require, sections

103 and 104 of the Powers of Criminal Courts

(Sentencing) Act 2000 (detention and training

45

orders) or sections 31 to 34 of this Act (life

sentences) shall apply to him in place of the

corresponding provisions of the law of Northern

Ireland;

                             (aa)                               sections 62 and 64 of the Criminal Justice and Court

50

Services Act 2000 (which relate to licence

conditions) shall apply to him in place of the

 

 

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

    342

 

corresponding provisions of the law of Northern

Ireland;

                             (ab)                               where a custody plus order or intermittent custody

order has effect in relation to him, the provisions of

Chapters 3 and 4 of Part 11 of the 2003 Act relating

5

to such orders shall apply to him (subject to

Schedule 10 to that Act); and”,

              (c)             for sub-paragraphs (5) to (7) there is substituted—

                                        “(5)                        Section 31(2A) of this Act (conditions as to supervision

after release), as applied by sub-paragraph (2) or (4) above,

10

shall have effect as if for paragraphs (a) to (c) there were

substituted the words “a probation appointed for or

assigned to the petty sessions district within which the

prisoner for the time being resides”.”                 

          (5)                        In paragraph 15 (unrestricted transfers: general provisions), sub-paragraph

15

(5) is omitted.

  75                In Schedule 2 (repatriation of prisoners to the British Islands) paragraphs 2

and 3 are omitted.

Sex Offenders Act 1997 (c. 51)

  76       In section 6(1) of the Sex Offenders Act 1997, in paragraph (a) of the

20

definition of “community order”, after “2000” there is inserted “(as that Act

had effect before the passing of the Criminal Justice Act 2003)”.

Crime and Disorder Act 1998 (c. 37)

  77       The Crime and Disorder Act 1998 is amended as follows.

  78       In section 18 (interpretation etc. of Chapter 1)—

25

              (a)             after the definition of “responsible officer” in subsection (1) there is

inserted—

                                      ““serious harm” shall be construed in accordance with section

206 of the Criminal Justice Act 2003;”; and

              (b)             subsection (2) is omitted.

30

  79      (1)      Section 38 (local provision of youth justice services) is amended as follows.

          (2)      In subsection (4)(g), for “probation order, a community service order or a

combination order” there is substituted “community order under section 159

of the Criminal Justice Act 2003”.

          (3)      In subsection (4)(i), after “1997 Act”)” there is inserted “or by virtue of

35

conditions imposed under section 232 of the Criminal Justice Act 2003”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

  80       The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

  81      (1)      Section 6 (committal for sentence in certain cases where offender committed

in respect of another offence) is amended as follows.

40

          (2)      In subsection (3)(b), for “section 120(1) below” there is substituted

“paragraph 11(1) of Schedule 11 to the Criminal Justice Act 2003”.

 

 

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

    343

 

          (3)      For subsection (4)(e), there is substituted—

                    “(e)                      paragraph 11(2) of Schedule 11 to the Criminal Justice Act

2003 (committal to Crown Court where offender convicted

during operational period of suspended sentence).”.

  82       In section 7 (power of Crown Court on committal for sentence under section

5

6), in subsection (2), for “section 119 below” there is substituted “paragraphs

8 and 9 of Schedule 11 to the Criminal Justice Act 2003”.

  83       In section 12 (absolute and conditional discharge)—

              (a)             in subsection (1) for “109(2), 110(2) or 111(2) below” there is

substituted “section 110(2) or 111(2) below, section 51A(2) of the

10

Firearms Act 1968 or section 207, 208, 209 or 210 of the Criminal

Justice Act 2003)”, and

              (b)             subsection (4) (duty to explain effect of order for conditional

discharge) is omitted.

  84       In the heading to Part 4, and the heading to Chapter 1 of that Part, for

15

“COMMUNITY ORDERS” there is substituted “YOUTH COMMUNITY

ORDERS”.

  85       For section 33 there is substituted—

       “33                                                 Meaning of “youth community order” and “community sentence”

              (1)             In this Act “youth community order” means any of the following

20

orders—

                    (a)                   a curfew order;

                    (b)                   an exclusion order;

                    (c)                   an attendance centre order;

                    (d)                   a supervision order;

25

                    (e)                   an action plan order.

              (2)             In this Act “community sentence” means a sentence which consists

of or includes—

                    (a)                   a community order under section 159 of the Criminal Justice

Act 2003, or

30

                    (b)                   one or more youth community orders.”

  86      (1)      Section 36B (electronic monitoring of requirements in community orders) is

amended as follows.

          (2)      In the heading for “community orders” there is substituted “youth

community orders”, and

35

          (3)      In subsection (1)—

              (a)             for “to (4)” there is substituted “and (3)”, and

              (b)             for “community order” there is substituted “youth community

order”.

          (4)      In subsection (2) and (6)(a), for “community order” there is substituted

40

“youth community order”.

  87      (1)      Section 37 (curfew orders) is amended as follows.

          (2)      In subsection (1)—

              (a)             after the word “person” there is inserted “aged under 16”, and

 

 

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

    344

 

              (b)             for “sections 34 to 36 above” there is substituted “sections 130, 132

and 138 of the Criminal Justice Act 2003”.

          (3)      In subsection (5), for “community order” there is substituted “youth

community order”.

          (4)      Subsection (10) is omitted.

5

  88       In section 39 (breach, revocation and amendment of curfew orders), for

“community orders” there is substituted “youth community orders”.

  89       In section 40 (curfew orders: supplementary), in subsection (3), for

“paragraphs 2A(4) and (5) and 19(3)” there is substituted “paragraph 16(2)”.

  90      (1)      Section 40A (exclusion orders) is amended as follows.

10

          (2)      In subsection (1)—

              (a)             after “person” there is inserted “aged under 16”,

              (b)             for “sections 34 to 36 above” there is substituted “sections 130, 132

and 138 of the Criminal Justice Act 2003”, and

              (c)             for “two years” there is substituted “three months”.

15

          (3)      In subsection (5), for “community order” there is substituted “youth

community order”.

          (4)      Subsection (10) is omitted.

  91       In section 40B (breach, revocation and amendment of exclusion orders), for

“community orders” there is substituted “youth community orders”.

20

  92      (1)      Section 60 (attendance centre orders) is amended as follows.

          (2)      In subsection (1)—

              (a)             in paragraph (a), for “sections 34 to 36 above” there is substituted

“sections 130, 132 and 138 of the Criminal Justice Act 2003” and for

“21” there is substituted “16”, and

25

              (b)             in paragraph (b), for “21” there is substituted “16”, and

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

omitted.

          (3)      In subsection (4), for paragraphs (a) and (b) there is substituted “shall not

exceed 24”.

30

          (4)      In subsection (7), for “community order” there is substituted “youth

community order”.

  93       In section 63 (supervision orders), in subsection (1), for “sections 34 to 36

above” there is substituted “sections 130, 132 and 138 of the Criminal Justice

Act 2003”.

35

  94      (1)      Section 69 (action plan orders) is amended as follows.

          (2)      In subsection (1), for “sections 34 to 36 above” there is substituted “sections

130, 132 and 138 of the Criminal Justice Act 2003”, and

          (3)      In subsection (5)(b), for “a community rehabilitation order, a community

punishment order, a community punishment and rehabilitation order,”

40

there is substituted “a community order under section 159 of the Criminal

Justice Act 2003”.

          (4)      Subsection (11) is omitted.

 

 

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

    345

 

  95       In section 70 (requirements which may be included in action plan orders and

directions), in subsection (5)(a), after the word “other” there is inserted

“youth community order or any”.

  96      (1)      Section 73 (reparation orders) is amended as follows.

          (2)      In subsection (4)(b), for “a community punishment order, a community

5

punishment and rehabilitation order,” there is substituted “a community

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

          (3)      Subsection (7) is omitted.

  97       In section 74 (requirements and provisions of reparation order, and

obligations of person subject to it), in subsection (3)(a), after “community

10

order” there is inserted “or any youth community order”.

  98      (1)      Section 82A (determination of tariffs) is amended as follows.

          (2)      In subsection (1), for the words from “where” onwards there is substituted

“where the sentence is not fixed by law”.

          (3)                        In subsection (3)—

15

              (a)             in paragraph (b), for “section 87” there is substituted “section 222 of

the Criminal Justice Act 2003”, and

              (b)             in paragraph (c), for “sections 33(2) and 35(1) of the Criminal Justice

Act 1991” there is substituted “section 226(1) of the Criminal Justice

Act 2003”.

20

          (4)               In subsection (4)—

              (a)             after “If” there is inserted “the offender was aged 21 or over when he

committed the offence and”, and

              (b)             the words “subject to subsection (5) below” are omitted.

          (5)      Subsections (5) and (6) are omitted.

25

  99      (1)      Section 91 (offenders under 18 convicted of certain serious offences) is

amended as follows.

          (2)      In subsection (3), for “none of the other methods in which the case may

legally be dealt with” there is substituted “neither a community sentence nor

a detention and training order”.

30

          (3)      In subsection (4), for “section 79 and 80 above” there is substituted “section

134 and 135 of the Criminal Justice Act 2003”.

  100     (1)      Section 100 (detention and training orders) is amended as follows.

          (2)      In subsection (1)—

              (a)             for the words from the beginning to “subsection (2)” there is

35

substituted “Subject to sections 90 and 91 above, sections 208 and 210

of the Criminal Justice Act 2003, and subsection (2)”, and

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

                           “(b)                             the court is of the opinion that subsection (2) of

section 134 of the Criminal Justice Act 2003 applies or

40

the case falls within subsection (3) of that section,”.

          (3)      Subsection (4) is omitted.

  101      In section 106 (interaction of detention and training orders with sentences of

detention in a young offender institution), subsections (2) and (3) are

omitted.

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