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Criminal Justice Bill


Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

353

 

Schedule 30

Section 275

 

Amendments relating to sentencing

Part 1

General

Piracy Act 1837 (c. 88)

5

1          

Section 3 of the Piracy Act 1837 (punishment for offence under certain

repealed Acts relating to piracy) shall cease to have effect.

Children and Young Persons Act 1933 (c. 12)

2     (1)  

Section 49 of the Children and Young Persons Act 1933 (restrictions on

reports of proceedings in which young persons are concerned) is amended

10

as follows.

      (2)  

In subsection (4A)(d), for “section 62(3) of the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “section 194(1)(d) or (e) of the

Criminal Justice Act 2003”.

      (3)  

In subsection (11)—

15

(a)   

in the definition of “sexual offence”, for “has the same meaning as in

the Powers of Criminal Courts (Sentencing) Act 2000” there is

substituted “means an offence listed in Part 2 of Schedule 14 to the

Criminal Justice Act 2003”, and

(b)   

in the definition of “violent offence”, for “has the same meaning as in

20

the Powers of Criminal Courts (Sentencing) Act 2000” there is

substituted “means an offence listed in Part 1 of Schedule 14 to the

Criminal Justice Act 2003”.

Prison Act 1952 (c. 52)

3          

In section 53 of the Prison Act 1952 (interpretation), for “section 62 of the

25

Powers of Criminal Courts (Sentencing) Act 2000” there is substituted

“section 193 of the Criminal Justice Act 2003”.

Criminal Justice Act 1967 (c.80)

4          

The Criminal Justice Act 1967 is amended as follows.

5          

In section 32 (amendments of Costs in Criminal Cases Act 1952), in

30

subsection (3)(a), for “make an order under paragraph 5 of Schedule 2 to the

Powers of Criminal Courts (Sentencing) Act 2000 (probation orders

requiring treatment for mental condition) or” there is substituted “include in

a community order (within the meaning of Part 12 of the Criminal Justice

Act 2003) a mental health requirement under section 179 of that Act or make

35

an order under”.

6          

In section 104 (general provisions as to interpretation)_

(a)   

in subsection (1), the definition of “suspended sentence” is omitted,

and

(b)   

subsection (2) is omitted.

40

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

354

 

Criminal Appeal Act 1968 (c. 19)

7          

The Criminal Appeal Act 1968 is amended as follows.

8     (1)  

Section 10 (appeal against sentence in cases dealt with by Crown Court

otherwise than on conviction on indictment) is amended as follows.

      (2)  

In subsection (2) —

5

(a)   

in paragraph (b), for “or a community order within the meaning of

the Powers of Criminal Courts (Sentencing) Act 2000” there is

substituted “a youth community order within the meaning of the

Powers of Criminal Courts (Sentencing) Act 2000 or a community

order within the meaning of Part 11 of the Criminal Justice Act 2003”,

10

and

(b)   

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

omitted.

9          

In section 11 (supplementary provisions as to appeal against sentence),

subsection (4) is omitted.

15

10         

In Schedule 2 (procedural and other provisions applicable on order for

retrial), in paragraph 2(4), for the words from the beginning to “apply” there

is substituted “Section 212 of the Criminal Justice Act 2003 (crediting of

periods of remand in custody: terms of imprisonment and detention) shall

apply”.

20

Firearms Act 1968 (c. 27)

11         

The Firearms Act 1968 is amended as follows.

12    (1)  

Section 21 (possession of firearms by persons previously convicted of crime)

is amended as follows.

      (2)  

In subsection (2A), after paragraph (c) there is inserted—

25

“(d)   

in the case of a person who has been subject to a sentence of

imprisonment to which an intermittent custody order under

section 155(1)(b) of the Criminal Justice Act 2003 relates, the

date of his final release.”

      (3)  

After subsection (2A) there is inserted—

30

“(2B)   

A person who is serving a sentence of imprisonment to which an

intermittent custody order under section 155 of the Criminal Justice

Act 2003 relates shall not during any licence period specified for the

purposes of subsection (1)(b)(i) of that section have a firearm or

ammunition in his possession.”.

35

      (4)  

In subsection (3)(b), for “probation order” there is substituted “community

order”.

      (5)  

After subsection (3) there is inserted—

“(3ZA)   

In subsection (3)(b) above, “community order” means—

(a)   

a community order within the meaning of Part 11 of the

40

Criminal Justice Act 2003 made in England and Wales, or

(b)   

a probation order made in Scotland.”

      (6)  

In subsection (6), after “(2)” there is inserted “, (2B)”.

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

355

 

13    (1)  

Section 52 (forfeiture and disposal of firearms; cancellation of certificate by

convicting court) is amended as follows.

      (2)  

In subsection (1)(c), for “probation order” there is substituted “community

order”.

      (3)  

After subsection (1) there is inserted —

5

“(1A)   

In subsection (1)(c) “community order” means—

(a)   

a community order within the meaning of Part 11 of the

Criminal Justice Act 2003 made in England and Wales, or

(b)   

a probation order made in Scotland.”

Social Work (Scotland) Act 1968 (c. 49)

10

14         

In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in the

definition of “probation order” in subsection (1), for “community

rehabilitation order” there is substituted “community order within the

meaning of Part 11 of the Criminal Justice Act 2003”.

Children and Young Persons Act 1969 (c. 54)

15

15         

In section 23 of the Children and Young Persons Act 1969 (remands and

committals to local authority accommodation), for the definition of “sexual

offence” and “violent offence” in subsection (12) there is substituted—

           

“sexual offence” means an offence specified in Part 2 of Schedule 14 to

the Criminal Justice Act 2003;

20

           

“violent offence” means murder or an offence specified in Part 1 of

Schedule 14 to the Criminal Justice Act 2003;”.

Immigration Act 1971 (c. 77)

16         

In section 7 of the Immigration Act 1971 (exemption from deportation for

certain existing residents), in subsection (4), for “section 67 of the Criminal

25

Justice Act 1967” there is substituted “section 212 of the Criminal Justice Act

2003”.

Thames Barrier and Flood Prevention Act 1972 (c. xiv)

17         

In section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders

for carrying out certain defence works), in subsection (3)(a)(ii), for “six

30

months” there is substituted “12 months”.

Rehabilitation of Offenders Act 1974 (c. 53)

18    (1)  

Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods

for particular offences) is amended as follows.

      (2)  

In subsection (1)—

35

(a)   

at the end of paragraph (e), there is inserted “and”, and

(b)   

after that paragraph, there is inserted the following paragraph—

“(f)   

a sentence of imprisonment for public protection

under section 197 of the Criminal Justice Act 2003, a

sentence of detention for public protection under

40

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

356

 

section 198 of that Act or an extended sentence under

section 199 or 200 of that Act”

      (3)  

In subsection (4A), after the words “probation order” there is inserted “or a

community order under section 149 of the Criminal Justice Act 2003”.

Armed Forces Act 1976 (c. 52)

5

19    (1)  

Section 8 of the Armed Forces Act 1976 (powers of Standing Civilian Courts

in relation to civilians) is amended as follows.

      (2)  

In subsection (1)(a), for “six months” there is substituted “twelve months”.

      (3)  

In subsection (2), for “12 months” there is substituted “65 weeks”.

Bail Act 1976 (c. 63)

10

20         

The Bail Act 1976 is amended as follows.

21    (1)  

Section 2 (other definitions) is amended as follows.

      (2)  

In subsection (1)(d)—

(a)   

the words “placing the offender on probation or” are omitted, and

(b)   

for “him” there is substituted “the offender”.

15

      (3)  

In subsection (2), in the definition of “probation hostel”, for the words from

“by” onwards there is substituted “by a community order under section 149

of the Criminal Justice Act 2003”.

22         

In section 4 (general right to bail of accused persons and others), in

subsection (3), for the words from “to be dealt with” onwards there is

20

substituted “or the Crown Court to be dealt with under—

(a)   

Part 2 of Schedule 3 to the Powers of Criminal Courts

(Sentencing) Act 2000 (breach of certain youth community

orders), or

(b)   

Part 2 of Schedule 7 to the Criminal Justice Act 2003 (breach

25

of requirement of community order).”

23         

In Part 3 of Schedule 1 (interpretation), in the definition of “default” in

paragraph 4, for the words from “Part II” onwards there is substituted “Part

2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement of

order)”.

30

Criminal Law Act 1977 (c. 45)

24         

In section 3 of the Criminal Law Act 1977 (penalties for conspiracy), in

subsection (1), for “section 127 of the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “section 135 of the Criminal

Justice Act 2003”.

35

Magistrates’ Courts Act 1980 (c. 43)

25         

The Magistrates’ Courts Act 1980 is amended as follows.

26         

In section 11 (non appearance of accused), in subsection (3), for “section 119

of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted

“paragraph 8(2)(a) or (b) of Schedule 11 to the Criminal Justice Act 2003”.

40

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

357

 

27         

In section 33 (maximum penalties on summary conviction in pursuance of

section 22), in subsection (1)(a), for “3 months” there is substituted “51

weeks”.

28         

In section 85 (power to remit fine), in subsection (2A), for “section 35(2)(a) or

(b) of the Crime (Sentences) Act 1997” there is substituted “section 271(2) of

5

the Criminal Justice Act 2003”.

29         

In section 131 (remand of accused already in custody), after subsection (2)

there is inserted—

“(2A)   

Where the accused person is serving a sentence of imprisonment to

which an intermittent custody order under section 155 of the

10

Criminal Justice Act 2003 relates, the reference in subsection (2) to the

expected date of his release is to be read as a reference to the expected

date of his next release on licence.”.

30         

In section 133 (consecutive terms of imprisonment), in subsection (1), for

“Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act

15

2000,” there is substituted “Subject to section 237 of the Criminal Justice Act

2003,”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

31         

In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act

1980 (ineligibility for and disqualification and excusal from jury service), in

20

Part 2, in paragraph (bb), for sub-paragraph (v) there is substituted—

“(v)   

a community order within the meaning of section 149 of

the Criminal Justice Act 2003;

(va)   

a youth community order as defined by section 33 of the

Powers of Criminal Courts (Sentencing) Act 2000;”.

25

Public Passenger Vehicles Act 1981 (c. 14)

32    (1)  

In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary

provisions as to qualifications for PSV operators licence), paragraph 1 is

amended as follows.

      (2)  

In sub-paragraph (4)(a), for “a community service order for more than sixty

30

hours” there is substituted “a community order requiring the offender to

perform unpaid work for more than sixty hours”.

      (3)  

In sub-paragraph (6), for the words from ““a community” onwards there is

substituted ““a community order” means an order under section 149 of the

Criminal Justice Act 2003, a community punishment order made before the

35

commencement of that section or a community service order under the

Community Service by Offenders (Scotland) Act 1978”.

Criminal Attempts Act 1981 (c. 47)

33         

In section 4 of the Criminal Attempts Act 1981 (trials and penalties), in

subsection (5)(b), for sub-paragraph (ii) there is substituted—

40

“(ii)   

in section 126(1) and (2) (general limit on magistrates’

court’s powers to impose imprisonment) of the

Criminal Justice Act 2003.”.

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

358

 

Criminal Justice Act 1982 (c. 48)

34         

The Criminal Justice Act 1982 is amended as follows.

35         

In section 32 (early release of prisoners), in subsection (1)(a), after “life” there

is inserted “, imprisonment for public protection under section 197 of the

Criminal Justice Act 2003 or an extended sentence under section 199 of that

5

Act”.

36    (1)  

Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland): persons

residing in England and Wales or Scotland) is amended as follows.

      (2)  

In paragraph 7—

(a)   

in sub-paragraph (2)(b), for “such orders” there is substituted “an

10

unpaid work requirement of a community order (within the

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

(b)   

in sub-paragraph (3)(b), for the words from “community service

orders” onwards there is substituted “community orders within the

meaning of Part 11 of the Criminal Justice Act 2003 conferred on

15

responsible officers by that Part of that Act.”.

      (3)  

For paragraph 9(3) there is substituted—

“(3)       

Subject to the following provisions of this paragraph—

(a)   

a community service order made or amended in the

circumstances specified in paragraph 7 above shall be

20

treated as if it were a community order made in England

and Wales under section 149 of the Criminal Justice Act

2003 and the provisions of Part 11 of that Act (so far as

relating to such orders) shall apply accordingly; and

(b)   

a community service order made or amended in the

25

circumstances specified in paragraph 8 above shall be

treated as if it were a community service order made in

Scotland and the legislation relating to community service

orders in Scotland shall apply accordingly.”

      (4)  

In paragraph 9(4)(a), after “community service orders” there is inserted “or,

30

as the case may be, community orders (within the meaning of Part 11 of the

Criminal Justice Act 2003)”.

      (5)  

In paragraph 9(5), after “a community service order” there is inserted “or, as

the case may be, a community order (within the meaning of Part 11 of the

Criminal Justice Act 2003)”.

35

      (6)  

In paragraph 9(6)—

(a)   

after “community service orders”, where first occurring, there is

inserted “or, as the case may be, community orders (within the

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

(b)   

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

40

Act 2000” there is substituted “Part 11 of the Criminal Justice Act

2003”.

Mental Health Act 1983 (c. 20)

37         

The Mental Health Act 1983 is amended as follows.

38         

In section 37 (powers of courts to order hospital admission or

45

guardianship)—

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

359

 

(a)   

in subsection (1), the words “or falls to be imposed under section

109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are

omitted,

(b)   

for subsections (1A) and (1B) there is substituted —

“(1A)   

In the case of an offence the sentence for which would

5

otherwise fall to be imposed—

(a)   

under section 51A(2) of the Firearms Act 1968,

(b)   

under section 110(2) or 111(2) of the Powers of

Criminal Courts (Sentencing) Act 2000, or

(c)   

under any of sections 197 to 200 of the Criminal

10

Justice Act 2003,

   

nothing in those provisions shall prevent a court from

making an order under subsection (1) above for the

admission of the offender to a hospital.

(1B)   

References in subsection (1A) above to a sentence falling to be

15

imposed under any of the provisions mentioned in that

subsection are to be read in accordance with section 276(4) of

the Criminal Justice Act 2003.”

(c)   

in subsection (8), for “probation order” there is substituted

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

20

Justice Act 2003)”.

39         

In section 45A (powers of higher courts to direct hospital admission), in

subsection (1)(b), the words from “except” to “1997” are omitted.

Repatriation of Prisoners Act 1984 (c. 47)

40         

The Repatriation of Prisoners Act 1984 is amended as follows.

25

41         

In section 2 (transfer out of the United Kingdom), in subsection (4)(b), for

sub-paragraph (i) there is substituted—

“(i)   

released on licence under section 28(5) of the Crime

(Sentences) Act 1997 or under section 216 or 218 of the

Criminal Justice Act 2003; or”.

30

42         

In section 3 (transfer into the United Kingdom), subsection (9) is omitted.

43    (1)  

The Schedule (operation of certain enactments in relation to the prisoner) is

amended as follows in relation to prisoners repatriated to England and

Wales.

      (2)  

In paragraph 2, for sub-paragraphs (1A) and (2) there is substituted—

35

     “(2)  

If the warrant specifies a period to be taken into account for the

purposes of this paragraph, the amount of time the prisoner has

served shall, so far only as the question whether he has served a

particular part of a life sentence is concerned, be deemed to be

increased by that period.

40

      (3)  

Where the prisoner’s sentence is for a term of less than twelve

months, Chapter 6 of Part 11 of the Criminal Justice Act 2003 shall

apply as if the sentence were for a term of twelve months or more.

      (4)  

In this paragraph—

 

 

 
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