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Criminal Justice Bill


Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

157

 

(b)   

as regards an offence triable either way, liable on summary conviction

to a term of imprisonment.

(2)   

An order made by virtue of paragraph (a) of subsection (1) may amend the

relevant enactment in question so as to—

(a)   

restrict the power so that a person may no longer be made liable on

5

conviction of a summary offence to a term of imprisonment, or

(b)   

increase to 51 weeks the maximum term of imprisonment to which a

person may be made liable on conviction of a summary offence under

the power.

(3)   

An order made by virtue of paragraph (b) of that subsection may amend the

10

relevant enactment in question so as to increase the maximum term of

imprisonment to which a person may be made liable on summary conviction

of an offence under the power to 12 months.

(4)   

Schedule 26 (which amends the maximum penalties which may be imposed by

virtue of certain enabling powers) shall have effect.

15

(5)   

The power conferred by subsection (1) shall not apply to the enactments

amended under Schedule 26.

(6)   

An order under subsection (1) may make such supplementary, incidental or

consequential provision as the Secretary of State considers necessary or

expedient, including provision amending any relevant enactment.

20

(7)   

None of the following—

(a)   

an order under subsection (1), or

(b)   

Schedule 26,

   

affects the penalty for any offence committed before the commencement of that

order or Schedule (as the case may be).

25

(8)   

In subsection (1) “subordinate legislation” has the same meaning as in the

Interpretation Act 1978 (c. 30).

(9)   

In this section “relevant enactment” means any enactment contained in an Act

passed before or in the same Session as this Act.

256     

Increase in penalties for drug-related offences

30

(1)   

Schedule 27 (increase in penalties for certain drug-related offences) shall have

effect.

(2)   

That Schedule does not affect the penalty for any offence committed before the

commencement of that Schedule.

257     

Increase in penalties for certain driving-related offences

35

(1)   

In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in

subsection (4), for ‘five years’ there is substituted ‘fourteen years’.

(2)   

Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution

and punishment of offences) is amended in accordance with subsections (3)

and (4).

40

(3)   

In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing

death by dangerous driving), in column 4, for “10 years” there is substituted

“14 years”.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

158

 

(4)   

In the entry relating to section 3A of that Act (causing death by careless driving

when under influence of drink or drugs), in column 4, for “10 years” there is

substituted “14 years”.

(5)   

Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order

1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is

5

amended in accordance with subsections (6) and (7).

(6)   

In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order

1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by

dangerous driving), in column 4, for “10 years” there is substituted “14 years”.

(7)   

In the entry relating to Article 14 of that Order (causing death or grievous

10

bodily injury by careless driving when under the influence of drink or drugs),

in column 4, for “10 years” there is substituted “14 years”.

(8)   

This section does not affect the penalty for any offence committed before the

commencement of this section.

258     

Increase in penalties for offences under s. 174 of Road Traffic Act 1988

15

(1)   

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and

punishment of offences), in the entry relating to section 174 of the Road Traffic

Act 1988 (false statements and withholding material information), for columns

(3) and (4) there is substituted—

 

"(a)   

Summarily

(a)   

6 months

 

20

  

or the

 
  

statutory

 
  

maximum

 
  

or both

 
 

(b)   

On

(b)   

2 years or a

 

25

 

indictment

fine or

 
  

both.”

 

(2)   

Section 254(3) (increase in maximum term that may be imposed on summary

conviction of offence triable either way) has effect in relation to the entry

amended by subsection (1) as it has effect in relation to any other enactment

30

contained in an Act passed before this Act.

(3)   

This section does not apply in relation to any offence committed before the

commencement of this section.

Firearms offences

259     

Minimum sentence for certain firearms offences

35

After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following

section—

“51A    

Minimum sentence for certain offences under s. 5

(1)   

This section applies where—

(a)   

an individual is convicted of—

40

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

159

 

(i)   

an offence under section 5(1)(a), (ab), (aba), (ac), (ad),

(ae), (af) or (c) of this Act, or

(ii)   

an offence under section 5(1A)(a) of this Act, and

(b)   

the offence was committed after the commencement of this

section and at a time when he was aged 16 or over.

5

(2)   

The court shall impose an appropriate custodial sentence (or order for

detention) for a term of at least the required minimum term (with or

without a fine) unless the court is of the opinion that there are

exceptional circumstances relating to the offence or to the offender

which justify its not doing so.

10

(3)   

Where an offence is found to have been committed over a period of two

or more days, or at some time during a period of two or more days, it

shall be taken for the purposes of this section to have been committed

on the last of those days.

(4)   

In this section “appropriate custodial sentence (or order for detention)”

15

means—

(a)   

in relation to England and Wales—

(i)   

in the case of an offender who is aged 18 or over when

convicted, a sentence of imprisonment, and

(ii)   

in the case of an offender who is aged under 18 at that

20

time, a sentence of detention under section 91 of the

Powers of Criminal Courts (Sentencing) Act 2000;

(b)   

in relation to Scotland—

(i)   

in the case of an offender who is aged 21 or over when

convicted, a sentence of imprisonment,

25

(ii)   

in the case of an offender who is aged under 21 at that

time (not being an offender mentioned in sub-paragraph

(iii)), a sentence of detention under section 207 of the

Criminal Procedure (Scotland) Act 1995, and

(iii)   

in the case of an offender who is aged under 18 at that

30

time and is subject to a supervision requirement, an

order for detention under section 44, or sentence of

detention under section 208, of that Act.

(5)   

In this section “the required minimum term” means—

(a)   

in relation to England and Wales—

35

(i)   

in the case of an offender who was aged 18 or over when

he committed the offence, five years, and

(ii)   

in the case of an offender who was under 18 at that time,

three years, and

(b)   

in relation to Scotland—

40

(i)   

in the case of an offender who was aged 21 or over when

he committed the offence, five years, and

(ii)   

in the case of an offender who was aged under 21 at that

time, three years.”

260     

Certain firearms offences to be triable only on indictment

45

In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and

punishment of offences) for the entries relating to offences under section 5(1)

(possessing or distributing prohibited weapons or ammunition) and section

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

160

 

5(1A) (possessing or distributing other prohibited weapons) there is

substituted—

 

“Section

Possessing or

On indictment

10 years or a

  
 

5(1)(a), (ab),

distributing

 

fine, or both.

  
 

(aba), (ac),

prohibited

    

5

 

(ad), (ae), (af)

weapons or

    
 

or (c)

ammunition.

    
 

Section 5(1)(b)

Possessing or

(a) Summary

6 months or a

  
  

distributing

 

fine of the

  
  

prohibited

 

statutory

  

10

  

weapon

 

maximum, or

  
  

designed for

 

both.

  
  

discharge of

    
  

noxious liquid

    
  

etc.

    

15

   

(b) On indictment

10 years or a

  
    

fine or both.

  
 

Section

Possessing or

On indictment

10 years or a

  
 

5(1A)(a)

distributing

 

fine, or both.

  
  

firearm

    

20

  

disguised as

    
  

other object.

    
 

Section

Possessing or

(a) Summary

6 months or a

  
 

5(1A)(b), (c),

distributing

 

fine of the

  
 

(d), (e), (f) or

other

 

statutory

  

25

 

(g)

prohibited

 

maximum, or

  
  

weapons.

 

both.

  
   

(b) On indictment

10 years or a

  
    

fine, or both.”

  

261     

Power to sentence young offender to detention in respect of certain firearms

30

offences: England and Wales

(1)   

Section 91 of the Sentencing Act (offenders under 18 convicted of certain

serious offences: power to detain for specified period) is amended as follows.

(2)   

After subsection (1) there is inserted—

“(1A)   

Subsection (3) below also applies where—

35

(a)   

a person aged under 18 is convicted on indictment of an

offence—

(i)   

under subsection (1)(a), (ab), (aba), (ac), (ad), (ae), (af) or

(c) of section 5 of the Firearms Act 1968 (prohibited

weapons), or

40

(ii)   

under subsection (1A)(a) of that section,

(b)   

the offence was committed after the commencement of section

51A of that Act and at a time when he was aged 16 or over, and

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

161

 

(c)   

the court is of the opinion mentioned in section 51A(2) of that

Act (exceptional circumstances which justify its not imposing

required custodial sentence).”

(3)   

After subsection (4) there is inserted—

“(5)   

Where subsection (2) of section 51A of the Firearms Act 1968 requires

5

the imposition of a sentence of detention under this section for a term

of at least the required minimum term (within the meaning of that

section), the court shall sentence the offender to be detained for such

period, of at least that term but not exceeding the maximum term of

imprisonment with which the offence is punishable in the case of a

10

person aged 18 or over, as may be specified in the sentence.”.

262     

Power to sentence young offender to detention in respect of certain firearms

offences: Scotland

(1)   

The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.

(2)   

In section 49(3) (children’s hearing for purpose of obtaining advice as to

15

treatment of child), at the end there is added “except that where the

circumstances are such as are mentioned in paragraphs (a) and (b) of section

51A(1) of the Firearms Act 1968 it shall itself dispose of the case”.

(3)   

In section 208 (detention of children convicted on indictment), the existing

provisions become subsection (1); and after that subsection there is added—

20

“(2)   

Subsection (1) does not apply where the circumstances are such as are

mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms

Act 1968.”.

263     

Power by order to exclude application of minimum sentence to those under 18

(1)   

The Secretary of State may by order—

25

(a)   

amend section 51A(1)(b) of the Firearms Act 1968 (c. 27) by substituting

for the word “16” the word “18”,

(b)   

repeal section 91(1A)(c) and (5) of the Sentencing Act,

(c)   

amend subsection (3) of section 49 of the Criminal Procedure (Scotland)

Act 1995 by repealing the exception to that subsection,

30

(d)   

repeal section 208(2) of that Act, and

(e)   

make such other provision as he considers necessary or expedient in

consequence of, or in connection with, the provision made by virtue of

paragraphs (a) to (d).

(2)   

The provision that may be made by virtue of subsection (1)(e) includes, in

35

particular, provision amending or repealing any provision of an Act

(whenever passed), including any provision of this Act.

264     

Sentencing for firearms offences in Northern Ireland

Schedule 28 (which contains amendments of the Firearms (Northern Ireland)

Order 1981 (S.I. 1981/155 (N.I. 2)) relating to sentencing) shall have effect.

40

 

 

 
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