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Criminal Justice Bill


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

162

 

265     

Increase in penalty for offences relating to importation or exportation of

certain firearms

(1)   

The Customs and Excise Management Act 1979 (c. 2) is amended as follows.

(2)   

In section 50 (penalty for improper importation of goods), for subsection (5A)

there is substituted—

5

“(5A)   

In the case of—

(a)   

an offence under subsection (2) or (3) above committed in Great

Britain in connection with a prohibition or restriction on the

importation of any weapon or ammunition that is of a kind

mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c)

10

or (1A)(a) of the Firearms Act 1968,

(b)   

any such offence committed in Northern Ireland in connection

with a prohibition or restriction on the importation of any

weapon or ammunition that is of a kind mentioned in Article

6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms

15

(Northern Ireland) Order 1981, or

(c)   

any such offence committed in connection with the prohibition

contained in section 20 of the Forgery and Counterfeiting Act

1981,

   

subsection (4)(b) above shall have effect as if for the words “7 years”

20

there were substituted the words “10 years”.”

(3)   

In section 68 (offences in relation to exportation of prohibited or restricted

goods) for subsection (4A) there is substituted—

“(4A)   

In the case of—

(a)   

an offence under subsection (2) or (3) above committed in Great

25

Britain in connection with a prohibition or restriction on the

exportation of any weapon or ammunition that is of a kind

mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c)

or (1A)(a) of the Firearms Act 1968,

(b)   

any such offence committed in Northern Ireland in connection

30

with a prohibition or restriction on the exportation of any

weapon or ammunition that is of a kind mentioned in Article

6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms

(Northern Ireland) Order 1981, or

(c)   

any such offence committed in connection with the prohibition

35

contained in section 21 of the Forgery and Counterfeiting Act

1981,

   

subsection (3)(b) above shall have effect as if for the words “7 years”

there were substituted the words “10 years”.”

(4)   

In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A)

40

there is substituted—

“(4A)   

In the case of—

(a)   

an offence under subsection (2) or (3) above committed in Great

Britain in connection with a prohibition or restriction on the

importation or exportation of any weapon or ammunition that

45

is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad),

(ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,

(b)   

any such offence committed in Northern Ireland in connection

with a prohibition or restriction on the importation or

 

 

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

163

 

exportation of any weapon or ammunition that is of a kind

mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a)

of the Firearms (Northern Ireland) Order 1981, or

(c)   

any such offence committed in connection with the prohibitions

contained in sections 20 and 21 of the Forgery and

5

Counterfeiting Act 1981,

   

subsection (3)(b) above shall have effect as if for the words “7 years”

there were substituted the words “10 years”.”

(5)   

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

commencement of this section.

10

Offenders transferred to mental hospital

266     

Duration of directions under Mental Health Act 1983 in relation to offenders

(1)   

Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to

prisoners under sentence) is amended as follows.

(2)   

In subsection (1), for “the expiration of that person’s sentence” there is

15

substituted “his release date”.

(3)   

For subsections (2) and (3) there is substituted—

“(2)    

A restriction direction in the case of a person serving a sentence of

imprisonment shall cease to have effect, if it has not previously done so,

on his release date.

20

(3)   

In this section, references to a person’s release date are to the day (if

any) on which he would be entitled to be released (whether

unconditionally or on licence) from any prison or other institution in

which he might have been detained if the transfer direction had not

been given; and in determining that day there shall be disregarded—

25

(a)   

any powers that would be exercisable by the Parole Board if he

were detained in such a prison or other institution, and

(b)   

any practice of the Secretary of State in relation to the early

release under discretionary powers of persons detained in such

a prison or other institution.”.

30

267     

Access to Parole Board for certain patients serving prison sentences

In section 74 of the Mental Health Act 1983 (c. 20) (restricted patients subject to

restriction directions) after subsection (5) there is inserted—

“(5A)   

Where the tribunal have made a recommendation under subsection

(1)(b) above in the case of a patient who is subject to a restriction

35

direction or a limitation direction—

(a)   

the fact that the restriction direction or limitation direction

remains in force does not prevent the making of any application

or reference to the Parole Board by or in respect of him or the

exercise by him of any power to require the Secretary of State to

40

refer his case to the Parole Board, and

(b)   

if the Parole Board make a direction or recommendation by

virtue of which the patient would become entitled to be

released (whether unconditionally or on licence) from any

 

 

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

164

 

prison or other institution in which he might have been

detained if he had not been removed to hospital, the restriction

direction or limitation direction shall cease to have effect at the

time when he would become entitled to be so released.”

268     

Duration of directions under Mental Health (Northern Ireland) Order 1986 in

5

relation to offenders

(1)   

Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/

595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as

follows.

(2)   

In paragraph (1), for “the expiration of that person’s sentence” there is

10

substituted “his release date”.

(3)   

For paragraphs (2) and (3) there is substituted—

“(2)   

A restriction direction in the case of a person serving a sentence of

imprisonment shall cease to have effect, if it has not previously done so,

on his release date.

15

(3)   

In this Article, references to a person’s release date are to the day (if

any) on which he would be entitled to be released (whether

unconditionally or on licence) from any prison or juvenile justice centre

in which he might have been detained if the transfer direction had not

been given; and in determining that day any powers that would be

20

exercisable by the Sentence Review Commissioners or the Life Sentence

Review Commissioners if he were detained in such a prison or juvenile

justice centre shall be disregarded.”

269     

Access to Sentence Review Commissioners and Life Sentence Review

Commissioners for certain Northern Ireland patients

25

In Article 79 of the Mental Health (Northern Ireland) Order 1986 (restricted

patients subject to restriction directions) after paragraph (5) there is inserted—

“(5A)   

Where the tribunal have made a recommendation under paragraph

(1)(b) in the case of a patient who is subject to a restriction direction—

(a)   

the fact that the restriction direction remains in force does not

30

prevent—

(i)   

the making of any application or reference to the Life

Sentence Review Commissioners by or in respect of him

or the exercise by him of any power to require the

Secretary of State to refer his case to those

35

Commissioners, or

(ii)   

the making of any application by him to the Sentence

Review Commissioners, and

(b)   

if—

(i)   

the Life Sentence Review Commissioners give a

40

direction by virtue of which the patient would become

entitled to be released (whether unconditionally or on

licence) from any prison or juvenile justice centre in

which he might have been detained if the transfer

direction had not been given, or

45

 

 

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

165

 

(ii)   

the Sentence Review Commissioners grant a declaration

by virtue of which he would become so entitled,

   

the restriction direction shall cease to have effect at the time at

which he would become so entitled.”.

Term of detention and training order

5

270     

Term of detention and training order

(1)   

Section 101 of the Sentencing Act (which relates to detention and training

orders) is amended as follows.

(2)   

In subsection (1), for “subsection (2)” there is substituted “subsections (2) and

(2A)”.

10

(3)   

After subsection (2) there is inserted—

“(2A)   

Where—

(a)   

the offence is a summary offence,

(b)   

the maximum term of imprisonment that a court could (in the

case of an offender aged 18 or over) impose for the offence is 51

15

weeks,

   

the term of a detention and training order may not exceed 6 months.”

Fine defaulters

271     

Power to impose unpaid work requirement or curfew requirement on fine

defaulter

20

(1)   

Subsection (2) applies in any case where, in respect of a person aged 16 or over,

a magistrates’ court—

(a)   

has power under Part 3 of the Magistrates’ Courts Act 1980 (c. 43) to

issue a warrant of commitment for default in paying a sum adjudged to

be paid by a conviction (other than a sum ordered to be paid under

25

section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

(b)   

would, but for section 89 of the Sentencing Act (restrictions on custodial

sentences for persons under 18), have power to issue such a warrant for

such default.

(2)   

The magistrates’ court may, instead of issuing a warrant of commitment or, as

30

the case may be, proceeding under section 81 of the Magistrates’ Courts Act

1980 (c. 43) (enforcement of fines imposed on young offender), order the

person in default to comply with—

(a)   

an unpaid work requirement (as defined by section 171), or

(b)   

a curfew requirement (as defined by section 176).

35

(3)   

In this Part “default order” means an order under subsection (2).

(4)   

Subsections (3) and (4) of section 149 (which relate to electronic monitoring)

have effect in relation to a default order as they have effect in relation to a

community order.

(5)   

Where a magistrates’ court has power to make a default order, it may, if it

40

thinks it expedient to do so, postpone the making of the order until such time

and on such conditions (if any) as it thinks just.

 

 

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

166

 

(6)   

Schedule 7 (breach, revocation or amendment of community order), Schedule

8 (transfer of community orders to Scotland or Northern Ireland) and Chapter

4 (further provisions about orders under Chapters 2 and 3) have effect in

relation to default orders as they have effect in relation to community orders,

but subject to the modifications contained in Schedule 29.

5

(7)   

Where a default order has been made for default in paying any sum—

(a)   

on payment of the whole sum to any person authorised to receive it, the

order shall cease to have effect, and

(b)   

on payment of a part of the sum to any such person, the total number

of hours or days to which the order relates is to be taken to be reduced

10

by a proportion corresponding to that which the part paid bears to the

whole sum.

(8)   

In calculating any reduction required by subsection (7)(b), any fraction of a day

or hour is to be disregarded.

272     

Fine defaulters: driving disqualification

15

(1)   

Subsection (2) applies in any case where a magistrates’ court—

(a)   

has power under Part 3 of the Magistrates’ Courts Act 1980 to issue a

warrant of commitment for default in paying a sum adjudged to be

paid by a conviction (other than a sum ordered to be paid under section

6 of the Proceeds of Crime Act 2002 (c. 29)), or

20

(b)   

would, but for section 89 of the Sentencing Act (restrictions on custodial

sentences for persons under 18), have power to issue such a warrant for

such default.

(2)   

The magistrates’ court may, instead of issuing a warrant of commitment or, as

the case may be, proceeding under section 81 of the Magistrates’ Courts Act

25

1980 (enforcement of fines imposed on young offenders), order the person in

default to be disqualified, for such period not exceeding twelve months as it

thinks fit, for holding or obtaining a driving licence.

(3)   

Where an order has been made under subsection (2) for default in paying any

sum—

30

(a)   

on payment of the whole sum to any person authorised to receive it, the

order shall cease to have effect, and

(b)   

on payment of part of the sum to any such person, the total number of

weeks or months to which the order relates is to be taken to be reduced

by a proportion corresponding to that which the part paid bears to the

35

whole sum.

(4)   

In calculating any reduction required by subsection (3)(b) any fraction of a

week or month is to be disregarded.

(5)   

The Secretary of State may by order amend subsection (2) by substituting, for

the period there specified, such other period as may be specified in the order.

40

(6)   

A court which makes an order under this section disqualifying a person for

holding or obtaining a driving licence shall require him to produce—

(a)   

any such licence held by him together with its counterpart; or

(b)   

in the case where he holds a Community licence (within the meaning of

Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence and

45

its counterpart (if any).

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 9 — Supplementary

167

 

(7)   

In this section—

   

“driving licence” means a licence to drive a motor vehicle granted under

Part 3 of the Road Traffic Act 1988;

   

“counterpart”—

(a)   

in relation to a driving licence, has the meaning given in relation

5

to such a licence by section 108(1) of that Act; and

(b)   

in relation to a Community licence, has the meaning given by

section 99B of that Act.

Chapter 9

Supplementary

10

273     

Execution of process between England and Wales and Scotland

Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of

process of English and Welsh courts in Scotland) applies to any process issued

by a magistrates’ court under—

paragraph 7(2) or (4), 13(6) or 25(1) of Schedule 7,

15

paragraph 12 of Schedule 8,

paragraph 8(1) of Schedule 9, or

paragraph 6(2) or (4), 12(1) or 20(1) of Schedule 11,

as it applies to process issued under the Magistrates’ Courts Act 1980 by a

magistrates’ court.

20

274     

Sentencing: repeals

The following enactments (which are superseded by the provisions of this Part)

shall cease to have effect—

(a)   

Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners),

(b)   

in the Crime (Sentences) Act 1997 (c. 43)—

25

(i)   

section 29 (power of Secretary of State to release life prisoners to

whom section 28 of that Act does not apply),

(ii)   

section 33 (transferred prisoners), and

(iii)   

sections 35 and 40 (fine defaulters),

(c)   

sections 80 and 81 of the Crime and Disorder Act 1998 (c. 37)

30

(sentencing guidelines), and

(d)   

in the Sentencing Act—

(i)   

Chapter 3 of Part 4 (community orders available only where

offender 16 or over),

(ii)   

section 85 (sexual or violent offences: extension of custodial

35

term for licence purposes),

(iii)   

sections 87 and 88 (remand in custody),

(iv)   

section 109 (life sentence for second serious offence), and

(v)   

Chapter 5 of Part 5 (suspended sentences).

275     

Amendments relating to sentencing

40

Schedule 30 (which contains amendments related to the provisions of this Part)

shall have effect.

 

 

 
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