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Criminal Justice Bill


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

360

 

“the enactments relating to release on licence” means

section 28(5) and (7) of the Crime (Sentences) Act 1997

and Chapter 6 of Part 11 of the Criminal Justice Act 2003;

“sentence”, means the provision included in the warrant

which is equivalent to sentence.”.

5

      (3)  

Paragraph 3 is omitted.

Police and Criminal Evidence Act 1984 (c. 60)

44         

In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody

officer after charge), for the definitions of “sexual offence” and “violent

offence” in subsection (6A) there is substituted—

10

           

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

the Criminal Justice Act 2003;

           

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

Schedule;”.

Criminal Justice Act 1988 (c. 33)

15

45         

The Criminal Justice Act 1988 is amended as follows.

46         

In section 36 (reviews of sentencing), in subsection (2), for the words from

“erred in law” onwards there is substituted—

“(a)   

erred in law as to his powers of sentencing; or

(b)   

failed to impose a sentence required by—

20

(i)   

section 51A(2) of the Firearms Act 1968;

(ii)   

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

Courts (Sentencing) Act 2000; or

(iii)   

any of sections 197 to 200 of the Criminal Justice Act

2003.”

25

47         

In section 50 (suspended and partly suspended sentences on certain civilians

in courts-martial and Standing Civilian Courts), in subsection (3)(b)(i), for

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

“Criminal Justice Act 2003”.

Firearms (Amendment) Act 1988 (c. 45)

30

48         

The Firearms (Amendment) Act 1988 is amended as follows.

49         

In section 1 (prohibited weapons and ammunition), in subsection (4A) after

paragraph (b) there is inserted—

“(bb)   

may amend subsection (1A)(a) of section 91 of the Powers of

Criminal Courts (Sentencing) Act 2000 (offenders under 18

35

convicted of certain serious offences: power to detain for

specified period) so as to include a reference to any provision

added by the order to section 5(1) of the principal Act,

(bc)   

may amend section 50(5A)(a), 68(4A)(a) or 170(4A)(a) of the

Customs and Excise Management Act 1979 (offences relating

40

to improper importation or exportation) so as to include a

reference to anything added by the order to section 5(1) of the

principal Act,”.

 

 

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

361

 

50         

In section 27(4) (which relates to Northern Ireland), after “Except for” there

is inserted “section 1, so far as enabling provision to be made amending the

Customs and Excise Management Act 1979, and”.

Road Traffic Act 1988 (c. 52)

51         

In section 164 of the Road Traffic Act 1988 (power of constables to require

5

production of driving licence and in certain cases statement of date of birth),

in subsection (5), for “section 40 of the Crime (Sentences) Act 1997” there is

substituted “section 272 of the Criminal Justice Act 2003”.

Road Traffic Offenders Act 1988 (c. 53)

52         

The Road Traffic Offenders Act 1988 is amended as follows.

10

53         

In section 27 (production of licence), in subsection (3), for “section 40 of the

Crime (Sentences) Act 1997” there is substituted “section 272 of the Criminal

Justice Act 2003”.

54         

In section 46 (combination of disqualification and endorsement with

probation orders and orders for discharge), in subsection (1), paragraph (a)

15

and the word “or” following it shall cease to have effect.

Football Spectators Act 1989 (c. 37)

55         

The Football Spectators Act 1989 is amended as follows.

56         

In section 7 (disqualification for membership of scheme), subsection (9) is

omitted.

20

57         

In section 14E (banning orders: general), after subsection (6) there is

inserted—

“(7)   

A person serving a sentence of imprisonment to which an

intermittent custody order under section 155 of the Criminal Justice

Act 2003 relates is to be treated for the purposes of this section as

25

having been detained in legal custody until his final release; and

accordingly any reference in this section to release is, in relation to a

person serving such a sentence, a reference to his final release.”

58         

In section 18 (information), after subsection (4) there is inserted—

“(5)   

In relation to a person serving a sentence of imprisonment to which

30

an intermittent custody order under section 155 of the Criminal

Justice Act 2003 relates, any reference in this section to his detention

or to his release shall be construed in accordance with section

14E(7).”

Children Act 1989 (c. 41)

35

59         

The Children Act 1989 is amended as follows.

60    (1)  

Section 68 (persons disqualified from being foster parents) is amended as

follows.

      (2)  

In subsection (2)(d), the words “a probation order has been made in respect

of him or he has been” are omitted.

40

 

 

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

362

 

      (3)  

After subsection (2) there is inserted—

“(2A)   

A conviction in respect of which a probation order was made before

1st October 1992 (which would not otherwise be treated as a

conviction) is to be treated as a conviction for the purposes of

subsection (2)(d).”

5

61    (1)  

In Schedule 9A (child minding and day care for young children), paragraph

4 is amended as follows.

      (2)  

In sub-paragraph (2)(g), the words “placed on probation or” are omitted.

      (3)  

At the end there is inserted—

“(7)   

A conviction in respect of which a probation order was made before

10

1st October 1992 (which would not otherwise be treated as a

conviction) is to be treated as a conviction for the purposes of this

paragraph.”.

Criminal Justice Act 1991 (c. 53)

62         

The Criminal Justice Act 1991 is amended as follows.

15

63         

Section 65 (supervision of young offenders after release) is omitted.

64    (1)  

Schedule 3 (reciprocal enforcement of certain orders) is amended as follows.

      (2)  

In paragraph 10(3)(d), for the words from “paragraph 3 of Schedule 2”

onwards there is substituted “section 173 of the Criminal Justice Act 2003”.

      (3)  

In paragraph 11(2) —

20

(a)   

in paragraph (a)—

(i)   

for “probation order” there is substituted “community

order”, and

(ii)   

after “England and Wales” there is inserted “under section

149 of the Criminal Justice Act 2003”, and

25

(b)   

for paragraph (b) there is substituted—

“(b)   

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

relating to such orders) shall apply accordingly.”.

      (4)  

In paragraph 11(3), for paragraphs (a) and (b) there is substituted—

“(a)   

the requirements of Part 11 of the Criminal Justice Act 2003

30

relating to community orders (within the meaning of that

Part);

(b)   

the powers of the home court under Schedule 7 to that Act,

as modified by this paragraph; and”.

      (5)  

In paragraph 11(4), for the words from “probation order made by a court”

35

onwards there is substituted “community order made by a court in England

and Wales under section 149 of the Criminal Justice Act 2003, except a power

conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 7 to that Act”.

      (6)  

In paragraph 11(5), for “the Powers of Criminal Courts (Sentencing) Act

2000” there is substituted “Part 11 of the Criminal Justice Act 2003”.

40

Aggravated Vehicle-Taking Act 1992 (c. 11)

65         

In section 1 of the Aggravated Vehicle-Taking Act 1992 (new offence of

aggravated vehicle taking), in subsection (2)(a), for “section 127 of the

 

 

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

363

 

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

“section 135 of the Criminal Justice Act 2003”.

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

66         

In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993

(life prisoners transferred to Scotland)—

5

(a)   

in subsection (1)—

(i)   

in paragraph (a), sub-paragraph (i), and the succeeding “or”,

are omitted, and

(ii)   

after paragraph (a)(ii) there is inserted “or

(iii)   

subsections (5) to (8) of section 28

10

(early release of life prisoners to whom

that section applies) of the Crime

(Sentences) Act 1997 (c. 43) (in this

section, the “1997 Act”) apply by

virtue of an order made under section

15

28(2)(b) of that Act (while that

provision was in force) or an order

made under section 241(2) of, or

paragraph 3(1)(a) of Schedule 21 to,

the Criminal Justice Act 2003;”, and

20

(iii)   

for “28(2)(b) or 82A(2) or paragraph” there is substituted

“82A(2), 28(2)(b) or 241(2) or paragraph 3(1)(a) or”;

(b)   

after subsection (1) there is inserted—

“(1AA)     

This Part of this Act, except section 2(9), applies also to a

transferred life prisoner—

25

(a)   

who is transferred from England and Wales on or

after the date on which section 241 of the Criminal

Justice Act 2003 comes into force,

(b)   

in relation to whom paragraph 3 of Schedule 21 to

that Act applies by virtue of paragraph 2(a) of that

30

Schedule, but

(c)   

in respect of whom, under the paragraph so

applying, no order has been made,

           

as if the prisoner were a life prisoner within the meaning

of section 2 of this Act and the punishment part of his

35

sentence within the meaning of that section were the

notified minimum term defined by paragraph 3(4) of that

Schedule.”; and

(c)   

in subsection (5)(b)—

(i)   

for “the Crime (Sentences) Act 1997” there is substituted “the

40

1997 Act”, and

(ii)   

after the words “Powers of Criminal Courts (Sentencing) Act

2000 (c. 6)” there is inserted “section 241(2) of, or paragraph

3(1)(a) of Schedule 21 to, the Criminal Justice Act 2003,”.

Criminal Justice and Public Order Act 1994 (c. 33)

45

67         

In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for

defendants charged with or convicted of homicide or rape after previous

 

 

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

364

 

conviction of such offences), in paragraph (c) of the definition of

“conviction” in subsection (5)—

(a)   

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

(b)   

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

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

5

68    (1)  

In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995

(qualifications for standard licence), paragraph 3 is amended as follows.

      (2)  

In sub-paragraph (2)(a), for “exceeding three months” there is substituted

“of 12 months or more or, before the commencement of section 153 of the

Criminal Justice Act 2003, a term exceeding 3 months”.

10

      (3)  

In sub-paragraph (2)(c), for “community service order” there is substituted

“community order”.

      (4)  

For sub-paragraph (3)(b), there is substituted—

“(b)   

“community order” means a community order under

section 149 of the Criminal Justice Act 2003, a community

15

punishment order made under section 46 of the Powers of

Criminal Courts (Sentencing) Act 2000 or a community

service order under the Community Service by Offenders

(Scotland) Act 1978.”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

20

69         

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

70    (1)  

Section 234 (probation orders: persons residing in England and Wales) is

amended as follows.

      (2)  

In subsection (1), the words after paragraph (b) are omitted.

      (3)  

For subsection (2) there is substituted—

25

“(2)   

Subsection (1) above applies to any probation order made under

section 228 unless the order includes requirements which are more

onerous than those which a court in England and Wales could

impose on an offender under section 149 of the Criminal Justice Act

2003.”

30

      (4)  

In subsection (3), the words “or to vary” to “one hundred” are omitted.

      (5)  

In subsection (4)—

(a)   

in paragraph (a)—

(i)   

for “paragraph 5(3) of Schedule 2 to the 2000 Act” there is

substituted “section 179(2) of the Criminal Justice Act 2003”,

35

(ii)   

for “or, as the case may be, community rehabilitation orders”

there is substituted “or, as the case may be, community

orders under Part 11 of that Act”, and

(iii)   

for “paragraph 5 of the said Schedule 2” there is substituted

“section 179 of the Criminal Justice Act 2003”, and

40

(b)   

in paragraph (b), for “sub-paragraphs (5) to (7) of the said paragraph

5” there is substituted “sections 179(4) and 180(1) and (2) of the

Criminal Justice Act 2003”.

 

 

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

365

 

      (6)  

After subsection (4) there is inserted—

“(4A)   

A probation order made or amended under this section must specify

as the corresponding requirements for the purposes of this section

requirements which could be included in a community order made

under section 149 of the Criminal Justice Act 2003.”

5

      (7)  

In subsection (5), for “Schedule 3” onwards there is substituted “Schedule 7

to the Criminal Justice Act 2003 shall apply as if it were a community order

made by a magistrates’ court under section 149 of that Act and imposing the

requirements specified under subsection (4A) above ”.

      (8)  

For subsection (6) there is substituted—

10

“(6)   

In its application to a probation order made or amended under this

section, Schedule 7 to the Criminal Justice Act 2003 has effect subject

to the following modifications—

(a)   

any reference to the responsible officer has effect as a

reference to the person appointed or assigned under

15

subsection (1)(a) above,

(b)   

in paragraph 9—

(i)   

paragraphs (b) and (c) of sub-paragraph (1) are

omitted,

(ii)   

in sub-paragraph (6), the first reference to the Crown

20

Court has effect as a reference to a court in Scotland,

and

(iii)   

any other reference in sub-paragraphs (6) or (7) to the

Crown Court has effect as a reference to the court in

Scotland, and

25

(c)   

Parts 3 and 5 are omitted.”

      (9)  

In subsection (10)—

(a)   

for the words from “paragraph 6” to “community rehabilitation

orders” there is substituted “paragraph 8 of Schedule 8 (which

relates to community orders”, and

30

(b)   

for “an order made under section 41” there is substituted “a

community order made under Part 11”.

71         

In section 242 (community service orders: persons residing in England and

Wales)—

(a)   

in subsection (1)—

35

(i)   

in paragraph (a)(ii), for “a community punishment order”

there is substituted “an unpaid work requirement imposed

by a community order (within the meaning of Part 11 of the

Criminal Justice Act 2003)”, and

(ii)   

in paragraph (a)(iii), for “community punishment orders

40

made under section 46 of the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “unpaid work

requirements imposed by community orders made under

section 149 of the Criminal Justice Act 2003”,

(b)   

in subsection (2)(b), for “community punishment orders made under

45

section 46 of the Powers of Criminal Courts (Sentencing) Act 2000”

there is substituted “unpaid work requirements imposed by

community orders made under section 149 of the Criminal Justice

Act 2003”, and

 

 

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

366

 

(c)   

in subsection (3)(b), for “in respect of community punishment orders

conferred on responsible officers by the Powers of Criminal Courts

(Sentencing) Act 2000” there is substituted “conferred on responsible

officers by Part 11 of the Criminal Justice Act 2003 in respect of

unpaid work requirements imposed by community orders (within

5

the meaning of that Part)”.

72         

In section 244 (community service orders: provisions relating to persons

living in England and Wales or Northern Ireland)—

(a)   

in subsection (3)(a)—

(i)   

for “community punishment order” there is substituted

10

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

Criminal Justice Act 2003)”, and

(ii)   

for “community punishment orders” there is substituted

“such community orders”,

(b)   

in subsection (4)(a), for “community punishment orders” there is

15

substituted “community orders (within the meaning of Part 11 of the

Criminal Justice Act 2003)”,

(c)   

in subsection (5), for “community punishment order” there is

substituted “a community order (within the meaning of Part 11 of the

Criminal Justice Act 2003)”, and

20

(d)   

in subsection (6)—

(i)   

for “community punishment orders”, where first occurring,

there is substituted “community orders (within the meaning

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

(ii)   

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

25

(Sentencing) Act 2000” there is substituted “Part 11 of the

Criminal Justice Act 2003”.

Education Act 1996 (c. 56)

73         

In section 562 of the Education Act 1996 (Act not to apply to persons

detained under order of a court), for “probation order” there is substituted

30

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

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))

74         

The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

75         

In Article 2 (interpretation) after paragraph (8) there is inserted—

“(9)   

For the purposes of this Order, a sentence falls to be imposed under

35

paragraph (2) of Article 52A of the Firearms (Northern Ireland)

Order 1981 if it is required by that paragraph and the court is not of

the opinion there mentioned.”

76         

In Article 4 (absolute and conditional discharge), in paragraph (1), for “(not

being an offence for which the sentence is fixed by law)” there is substituted

40

“(not being an offence for which the sentence is fixed by law or falls to be

imposed under Article 52A(2) of the Firearms (Northern Ireland) Order

1981)”.

77         

In Article 10 (probation orders), in paragraph (1) for “(not being an offence

for which the sentence is fixed by law)” there is substituted “(not being an

45

 

 

 
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