House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill


Criminal Justice Bill
Schedule 34 — Transitory, transitional and saving provisions

    406

 

Schedule 34

Section 309(6)

 

Transitory, transitional and saving provisions

Sentencing of offenders aged 18 but under 21

  1        If any provision of Part 11 (“the relevant provision”) is to come into force

before the day on which section 61 of the Criminal Justice and Court Services

5

Act 2000 (abolition of sentences of detention in a young offender institution,

custody for life, etc.) comes into force (or fully into force) the provision that

may be made by order under section 309(1) includes provision modifying

the relevant provision with respect to sentences passed, or other things

done, at any time before section 61 of that Act comes into force (or fully into

10

force).

Sentencing guidelines

  2        The repeal by this Act of sections 80 and 81 of the Crime and Disorder Act

1998 does not affect the authority of any guidelines with respect to

sentencing which have been included in any judgment of the Court of

15

Appeal given before the commencement of that repeal (“existing

guidelines”), but any existing guidelines may be superseded by sentencing

guidelines published by the Sentencing Guidelines Council under section

152 of this Act as definitive guidelines.

  3       (1)      Subject to sub-paragraph (2), the repeal by this Act of section 81 of the Crime

20

and Disorder Act 1998 does not affect the operation of subsection (4) of that

section in relation to any notification received by the Panel under subsection

(2) of that section, or proposal made by the Panel under subsection (3) of that

section, before the commencement of the repeal.

          (2)                        In its application by virtue of sub-paragraph (1) after the commencement of

25

that repeal, section 81(4) of that Act is to have effect as if any reference to “the

Court” were a reference to the Sentencing Guidelines Council.

          (3)      In this paragraph “the Panel” means the Sentencing Advisory Panel.

Drug treatment and testing orders

  4        A drug treatment and testing order made under section 52 of the Powers of

30

Criminal Courts (Sentencing) Act 2000 (c. 6) before the repeal of that section

by this Act is in force (or fully in force) need not include the provision

referred to in subsection (6) of section 54 of that Act (periodic review by

court) if the treatment and testing period (as defined by section 52(1) of that

Act) is less than 12 months.

35

Drug testing as part of supervision of young offenders after release

  5       (1)      Until the coming into force of the repeal by this Act of section 65 of the

Criminal Justice Act 1991 (c. 53) (supervision of young offenders after

release), that section has effect subject to the following modifications.

          (2)      In subsection (5B)—

40

              (a)             in paragraph (a), for “18 years” there is substituted “14 years”,

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

                           “(b)                             a responsible officer is of the opinion—

 

 

Criminal Justice Bill
Schedule 34 — Transitory, transitional and saving provisions

    407

 

                                 (i)                                that the offender has a propensity to misuse

specified Class A drugs, and

                                 (ii)                               that the misuse by the offender of any

specified Class A drug caused or contributed

to any offence of which he has been convicted,

5

or is likely to cause or contribute to the

commission by him of further offences; and”.

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

              “(5E)                A person under the age of 17 years may not be required by virtue of

subsection (5A) to provide a sample otherwise than in the presence

10

of an appropriate adult.”

          (4)      For subsection (10) there is substituted—

              “(10)                In this section—

                                      “appropriate adult”, in relation to a person aged under 17,

means—

15

                           (a)                          his parent or guardian or, if he is in the care of a local

authority or voluntary organisation, a person

representing that authority or organisation,

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

department, or

20

                           (c)                          if no person falling within paragraph (a) or (b) is

available, any responsible person aged 18 or over

who is not a police officer or a person employed by

the police;

                                      “responsible officer” means—

25

                           (a)                          in relation to an offender aged under 18, an officer of

a local probation board or a member of a youth

offending team;

                           (b)                          in relation to an offender aged 18 or over, an officer of

a local probation board;

30

                                      “specified Class A drug” has the same meaning as in Part 3 of

the Criminal Justice and Court Services Act 2000 (c. 43).”

Intermittent custody

  6        If section 165 (intermittent custody) is to come into force for any purpose

before the commencement of the repeal by this Act of section 78 of the

35

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

general limit on the power of a magistrates’ court to impose imprisonment),

the provision that may be made by order under section 309(1) includes

provision modifying any period or number of days specified in section 165

with respect to sentences passed by magistrates’ courts before the

40

commencement of that repeal.

Transfer to Scotland of community orders and suspended sentence orders

  7       (1)               Until the coming into force of the repeal by the Mental Health (Care and

Treatment) (Scotland) Act 2003 of the Mental Health (Scotland) Act 1984

(c. 36), in the provisions mentioned in sub-paragraph (2) the reference to the

45

 

 

Criminal Justice Bill
Schedule 34 — Transitory, transitional and saving provisions

    408

 

Mental Health (Care and Treatment) (Scotland) Act 2003 has effect as a

reference to the Mental Health (Scotland) Act 1984.

          (2)      Those provisions are—

              (a)             paragraph 2(4) of Schedule 8 (transfer of community orders to

scotland or Northern Ireland), and

5

              (b)             paragraph 4 of Schedule 12 (transfer of suspended sentence orders to

Scotland or Northern Ireland).

 

 

Criminal Justice Bill
Schedule 34 — Transitory, transitional and saving provisions

    409

 

 

 

Criminal Justice Bill

 
 

A

Bill

[AS AMENDED IN COMMITTEE]

To make provision about criminal justice (including the powers and duties of

the police) and about dealing with offenders; to amend the law relating to jury

service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and

Part 5 of the Police Act 1997; and for connected purposes.

 


 
 


 
 


 
 


 
 

Brought from the Commons on 21st May 2003

 
 

Ordered to be Printed, 15th October 2003

 
 

© Parliamentary copyright House of Lords and House of Commons 2003

 

Applications for reproduction should be made in writing to the Copyright Unit,

 

Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ

 


 

PUBLISHED BY AUTHORITY OF THE House of Lords

 

LONDON: THE STATIONERY OFFICE

 

Printed in the United Kingdom by

 

The Stationery Office Limited

 

£x.xx net

 
HL Bill 111(xxxxxx)53/2
 

xxxbarxxx

 

 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 17 October 2003