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Criminal Justice Bill


Criminal Justice Bill
Schedule 28 — Amendments relating to sentencing
Part 2 — Offences: abolition of imprisonment and conversion to summary offence

    360

 

          (3)      In paragraph 3(1), for “Part 2 of the Criminal Justice Act 1991” there is

substituted “sections 226 to 242 of the Criminal Justice Act 2003”.

Armed Forces Act 2001 (c. 19)

  128      In section 30 of the Armed Forces Act 2001 (conditional release from

custody), in subsection (6)(a) for “six months” there is substituted “the term

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specified in subsection (1)(a) of section 8 of the Armed Forces Act 1976

(powers of courts in relation to civilians)”.

Proceeds of Crime Act 2002 (c. 29)

  129      In section 38 of the Proceeds of Crime Act 2002 (provisions about

imprisonment or detention), in subsection (4)(a), for “section 118(1) of the

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Sentencing Act” there is substituted “section 171(1) of the Criminal Justice

Act 2003”.

Part 2

Offences: abolition of imprisonment and conversion to summary offence

Vagrancy Act 1824 (c. 83)

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  130      In section 3 of the Vagrancy Act 1824 (idle and disorderly persons), for the

words from “subject to” to the end there is substituted “it shall be lawful for

any justice of the peace to impose on such person (being thereof convicted

before him by his own view, or by the confession of such person, or by the

evidence on oath of one or more credible witnesses) a fine not exceeding

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level 3 on the standard scale”.

  131     (1)      Section 4 of that Act (rogues and vagabonds) is amended as follows.

          (2)      In that section, for the words from “shall be” to the end there is substituted

“commits an offence under this section”.

          (3)      At the end of that section (which becomes subsection (1)) there is inserted—

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              “(2)                It shall be lawful for any justice of the peace to impose on any person

who commits an offence under this section (being thereof convicted

before him by the confession of such person, or by the evidence on

oath of one or more credible witnesses)—

                    (a)                   in the case of a person convicted of the offence of wandering

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abroad and lodging in any barn or outhouse, or in any

deserted or unoccupied building, or in the open air, or under

a tent, or in any cart or waggon, and not giving a good

account of himself, a fine not exceeding level 1 on the

standard scale, and

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                    (b)                   in the case of a person convicted of any other offence under

this section, a fine not exceeding level 3 on the standard

scale.”

London Hackney Carriages Act 1843 (c. 86)

  132      In section 28 of the London Hackney Carriages Act 1843, after “for every

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such offence”, there is inserted “of which he is convicted before the justice”.

 

 

Criminal Justice Bill
Schedule 28 — Amendments relating to sentencing
Part 2 — Offences: abolition of imprisonment and conversion to summary offence

    361

 

Town Police Clauses Act 1847 (c. 89)

  133      In section 26 of the Town Police Clauses Act 1847, for the words from

“committed by them” to the end, there is substituted “liable to a fine not

exceeding level 3 on the standard scale”.

  134      In section 28 of that Act, after “for each offence”, there is inserted “of which

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he is convicted before the justice”.

  135      In section 29 of that Act, after “for every such offence”, there is inserted “of

which he is convicted before the justice”.

  136      In section 36 of that Act, after “liable”, there is inserted “on conviction before

the justices”.

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Seamen’s and Soldiers’ False Characters Act 1906 (c. 5)

  137      In section 1 of the Seamen’s and Soldiers’ False Characters Act 1906, for

“imprisonment for a term not exceeding three months” there is substituted

“a fine not exceeding level 2 on the standard scale”.

Aliens Restriction (Amendment) Act 1919 (c. 92)

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  138      In section 3(2) of the Aliens Restriction (Amendment) Act 1919, for

“imprisonment for a term not exceeding three months” there is substituted

“a fine not exceeding level 3 on the standard scale”.

Polish Resettlement Act 1947 (c. 19)

  139      In the Schedule to the Polish Resettlement Act 1947, in paragraph 7, for

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“imprisonment for a term not exceeding three months” there is substituted

“a fine not exceeding level 1 on the standard scale”.

Slaughterhouses Act 1974 (c. 3)

  140      In section 4 of the Slaughterhouses Act 1974, after subsection (5) there is

inserted—

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              “(5A)                A person guilty of an offence under subsection (5) above shall be

liable to a fine not exceeding level 3 on the standard scale.”

Water Industry Act 1991 (c. 56)

  141      In Schedule 6 to the Water Industry Act 1991, in paragraph 5(4), for

paragraphs (a) and (b) there is substituted “, on summary conviction, to a

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fine not exceeding level 5 on the standard scale”.

Water Resources Act 1991 (c.57)

  142      In section 205(6) of the Water Resources Act 1991, for paragraphs (a) and (b)

there is substituted “on summary conviction to a fine not exceeding level 5

on the standard scale”.

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Criminal Justice Bill
Schedule 29 — Jury service

    362

 

Transport Act 2000 (c. 38)

  143      In section 82(4) of the Transport Act 2000, after “subsection (1)” there is

inserted “or (2)”.

Schedule 29

Section 298

 

Jury service

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  1        The Juries Act 1974 (c. 23) is amended as follows.

  2        For section 1 (qualification for jury service) there is substituted—

       “1            Qualification for jury service

              (1)             Subject to the provisions of this Act, every person shall be qualified

to serve as a juror in the Crown Court, the High Court and county

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courts and be liable accordingly to attend for jury service when

summoned under this Act if—

                    (a)                   he is for the time being registered as a parliamentary or local

government elector and is not less than eighteen nor more

than seventy years of age;

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                    (b)                   he has been ordinarily resident in the United Kingdom, the

Channel Islands or the Isle of Man for any period of at least

five years since attaining the age of thirteen;

                    (c)                   he is not a mentally disordered person; and

                    (d)                   he is not disqualified for jury service.

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              (2)             In subsection (1) above “mentally disordered person” means any

person listed in Part 1 of Schedule 1 to this Act.

              (3)             The persons who are disqualified for jury service are those listed in

Part 2 of that Schedule.”

  3        Section 9(1) (certain persons entitled to be excused from jury service) shall

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cease to have effect.

  4        In section 9(2) (discretionary excusal) after “may” there is inserted “, subject

to section 9A(1A) of this Act,”.

  5        After section 9(2) (discretionary excusal) there is inserted—

              “(2A)                Without prejudice to subsection (2) above, the appropriate officer

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shall excuse a full-time serving member of Her Majesty’s naval,

military or air forces from attending in pursuance of a summons if—

                    (a)                   that member’s commanding officer certifies to the

appropriate officer that it would be prejudicial to the

efficiency of the service if that member were to be required to

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be absent from duty, and

                    (b)                   subsection (2A) or (2B) of section 9A of this Act applies.

              (2B)                Subsection (2A) above does not affect the application of subsection

(2) above to a full-time serving member of Her Majesty’s naval,

military or air forces in a case where he is not entitled to be excused

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under subsection (2A).”

 

 

Criminal Justice Bill
Schedule 29 — Jury service

    363

 

  6        In section 9(3) (discretionary excusal) after “above” there is inserted “or any

failure by the appropriate officer to excuse him as required by subsection

(2A) above”.

  7        In section 9A(1) (discretionary deferral) after “may” there is inserted “,

subject to subsection (2) below,”.

5

  8        After section 9A(1) (discretionary deferral) there is inserted—

              “(1A)                Without prejudice to subsection (1) above and subject to subsection

(2) below, the appropriate officer—

                    (a)                   shall defer the attendance of a full-time serving member of

Her Majesty’s naval, military or air forces in pursuance of a

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summons if subsection (1B) below applies, and

                    (b)                   for this purpose, shall vary the dates upon which that

member is summoned to attend and the summons shall have

effect accordingly.

              (1B)                This subsection applies if that member’s commanding officer

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certifies to the appropriate officer that it would be prejudicial to the

efficiency of the service if that member were to be required to be

absent from duty.

              (1C)                Nothing in subsection (1A) or (1B) above shall affect the application

of subsection (1) above to a full-time serving member of Her

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Majesty’s naval, military or air forces in a case where subsection (1B)

does not apply.”

  9        For section 9A(2) (discretionary deferral) there is substituted—

              “(2)                The attendance of a person in pursuance of a summons shall not be

deferred under subsection (1) or (1A) above if subsection (2A) or (2B)

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below applies.”

  10       After section 9A(2) (discretionary deferral) there is inserted—

              “(2A)                This subsection applies where a deferral of the attendance of the

person in pursuance of the summons has previously been made or

refused under subsection (1) above or has previously been made

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under subsection (1A) above.

              (2B)                This subsection applies where—

                    (a)                   the person is a full-time serving member of Her Majesty’s

naval, military or air forces, and

                    (b)                   in addition to certifying to the appropriate officer that it

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would be prejudicial to the efficiency of the service if that

member were to be required to be absent from duty, that

member’s commanding officer certifies that this position is

likely to remain for any period specified for the purpose of

this subsection in guidance issued under section 9AA of this

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Act.”

  11       In section 9A(3) (discretionary deferral) after “above” there is inserted “or

any failure by the appropriate officer to defer his attendance as required by

subsection (1A) above”.

 

 

Criminal Justice Bill
Schedule 29 — Jury service

    364

 

  12       After section 9A (discretionary deferral) there is inserted—

       “9AA            Requirement to issue guidance

              (1)             The Lord Chancellor shall issue guidance as to the manner in which

the functions of the appropriate officer under sections 9 and 9A of

this Act are to be exercised.

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              (2)             The Lord Chancellor shall—

                    (a)                   lay before each House of Parliament the guidance, and any

revised guidance, issued under this section, and

                    (b)                   arrange for the guidance, or revised guidance, to be

published in a manner which he considers appropriate.”

10

  13       In section 19 (payment for jury service), after subsection (1) there is

inserted—

              “(1A)                The reference in subsection (1) above to payments by way of

allowance for subsistence includes a reference to vouchers and other

benefits which may be used to pay for subsistence, whether or not

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their use is subject to any limitations.”

  14       In section 20 (offences), for subsection (5)(d) there is substituted—

                    “(d)                      knowing that he is disqualified under Part 2 of Schedule 1 to

this Act, serves on a jury;”

  15       For Schedule 1 (ineligibility and disqualification for and excusal from jury

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service) there is substituted—

“Schedule 1

Mentally disordered persons and persons disqualified for jury service

Part 1

Mentally disordered persons

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          1                 A person who suffers or has suffered from mental illness,

psychopathic disorder, mental handicap or severe mental

handicap and on account of that condition either—

                      (a)                     is resident in a hospital or similar institution; or

                      (b)                     regularly attends for treatment by a medical practitioner.

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          2                 A person for the time being under guardianship under section 7 of

the Mental Health Act 1983.

          3                 A person who, under Part 7 of that Act, has been determined by a

judge to be incapable, by reason of mental disorder, of managing

and administering his property and affairs.

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          4                (1)               In this Part of this Schedule—

                      (a)                     “mental handicap” means a state of arrested or incomplete

development of mind (not amounting to severe mental

handicap) which includes significant impairment of

intelligence and social functioning;

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Criminal Justice Bill
Schedule 29 — Jury service

    365

 

                      (b)                     “severe mental handicap” means a state of arrested or

incomplete development of mind which includes severe

impairment of intelligence and social functioning;

                      (c)                     other expressions are to be construed in accordance with

the Mental Health Act 1983;

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                           (2)               For the purposes of this Part a person is to be treated as being

under guardianship under section 7 of the Mental Health Act 1983

at any time while he is subject to guardianship pursuant to an

order under section 116A(2)(b) of the Army Act 1955, section

116A(2)(b) of the Air Force Act 1955 or section 63A(2)(b) of the

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Naval Discipline Act 1957.

Part 2

Persons disqualified

          5                 A person who is on bail in criminal proceedings (within the

meaning of the Bail Act 1976).

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          6                                   A person who has at any time been sentenced in the United

Kingdom, the Channel Islands or the Isle of Man—

                      (a)                     to imprisonment for life, detention for life or custody for

life,

                      (b)                     to detention during her Majesty’s pleasure or during the

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pleasure of the Secretary of State,

                      (c)                     to imprisonment for public protection or detention for

public protection,

                      (d)                     to an extended sentence under section 209 or 210 of the

Criminal Justice Act 2003 or section 210A of the Criminal

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Procedure (Scotland) Act 1995, or

                      (e)                     to a term of imprisonment of five years or more or a term

of detention of five years or more.

          7                 A person who at any time in the last ten years has—

                      (a)                     in the United Kingdom, the Channel Islands or the Isle of

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Man—

                             (i)                            served any part of a sentence of imprisonment or a

sentence of detention, or

                             (ii)                           had passed on him a suspended sentence of

imprisonment or had made in respect of him a

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suspended order for detention,

                      (b)                     in England and Wales, had made in respect of him a

community order under section 159 of the Criminal Justice

Act 2003, a community rehabilitation order, a community

punishment order, a community punishment and

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rehabilitation order, a drug treatment and testing order or

a drug abstinence order, or

                      (c)                     had made in respect of him any corresponding order

under the law of Scotland, Northern Ireland, the Isle of

Man or any of the Channel Islands.

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          8                 For the purposes of this Part of this Schedule—

 

 

Criminal Justice Bill
Schedule 30 — Parenting orders and referral orders

    366

 

                      (a)                     a sentence passed by a court-martial is to be treated as

having been passed in the United Kingdom, and

                      (b)                     a person is sentenced to a term of detention if, but only if—

                             (i)                            a court passes on him, or makes in respect of him

on conviction, any sentence or order which

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requires him to be detained in custody for any

period, and

                             (ii)                           the sentence or order is available only in respect of

offenders below a certain age,

                                              and any reference to serving a sentence of detention is to be

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construed accordingly.”

Schedule 30

Section 301

 

Parenting orders and referral orders

Crime and Disorder Act 1998 (c. 37)

  1        In section 8 of the Crime and Disorder Act 1998 (parenting orders), in

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subsection (2) the words from “and to section 19(5)” to “2000” shall cease to

have effect.

  2       (1)      Section 9 of that Act (parenting orders: supplemental) is amended as

follows.

          (2)      For subsection (1A) there is substituted—

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              “(1A)                The requirements of subsection (1) do not apply where the court

makes a referral order in respect of the offence.”

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

              “(2A)                In a case where a court proposes to make both a referral order in

respect of a child or young person convicted of an offence and a

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parenting order, before making the parenting order the court shall

obtain and consider a report by an appropriate officer—

                    (a)                   indicating the requirements proposed by that officer to be

included in the parenting order;

                    (b)                   indicating the reasons why he considers those requirements

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would be desirable in the interests of preventing the

commission of any further offence by the child or young

person; and

                    (c)                   if the child or young person is aged under 16, containing the

information required by subsection (2) above.

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              (2B)                In subsection (2A) above “an appropriate officer” means—

                    (a)                   an officer of a local probation board;

                    (b)                   a social worker of a local authority social services

department; or

                    (c)                   a member of a youth offending team.”

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