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Criminal Justice Bill


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

367

 

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)”.

78    (1)  

Article 13 (community service orders) is amended as follows.

      (2)  

In paragraph (1) for “(not being an offence for which the sentence is fixed by

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

5

fixed by law or falls to be imposed under Article 52A(2) of the Firearms

(Northern Ireland) Order 1981)”.

      (3)  

In paragraph (4)(b) as it has effect pursuant to paragraph 7(1) of Schedule 13

to the Criminal Justice Act 1982 (reciprocal arrangements), for “such orders”

there is substituted “an unpaid work requirement of a community order

10

(within the meaning of Part 11 of the Criminal Justice Act 2003)”.

79         

In Article 15 (orders combining probation and community service), in

paragraph (1) for “(not being an offence for which the sentence is fixed by

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

fixed by law or falls to be imposed under Article 52A(2) of the Firearms

15

(Northern Ireland) Order 1981)”.

80         

In Article 19 (restrictions on imposing custodial sentences), at the end of

paragraph (1) there is inserted “or falling to be imposed under Article 52A(2)

of the Firearms (Northern Ireland) Order 1981”.

81    (1)  

In Article 20 (length of custodial sentences), at the end of paragraph (1) there

20

is inserted “or falling to be imposed under Article 52A(2) of the Firearms

(Northern Ireland) Order 1981”.

      (2)  

In Article 24 (custody probation orders), in paragraph (1) for “other than one

fixed by law” there is substituted “, other than an offence for which the

sentence is fixed by law or falls to be imposed under Article 52A(2) of the

25

Firearms (Northern Ireland) Order 1981,”.

Crime (Sentences) Act 1997 (c. 43)

82         

The Crime (Sentences) Act 1997 is amended as follows.

83    (1)  

Section 31(duration and conditions of licences) is amended as follows.

      (2)  

In subsection (3), for the words from “except” onwards there is substituted

30

“except in accordance with recommendations of the Parole Board”.

      (3)  

Subsection (4) is omitted.

      (4)  

In subsection (6), for “section 46(3) of the 1991 Act” there is substituted

“section 231 of the Criminal Justice Act 2003”.

84         

In section 32 (recall of life prisoners while on licence) for subsection (5) there

35

is substituted—

“(5)   

Where on a reference under subsection (4) above the Parole Board

directs the immediate release on licence under this section of the life

prisoner, the Secretary of State shall give effect to the direction.”

85    (1)  

Schedule 1 (transfers of prisoners within the British Islands) is amended as

40

follows.

      (2)  

In paragraph 6, after sub-paragraph (3) there is inserted—

“(4)       

In this Part of this Schedule—

“the 2003 Act” means the Criminal Justice Act 2003;

 

 

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

368

 

“custody plus order” has the meaning given by section

153(4) of that Act;

“intermittent custody order” has the meaning given by

section 155(2) of that Act.”

      (3)  

In paragraph 8 (restricted transfers from England and Wales to Scotland)—

5

(a)   

for sub-paragraph (2)(a) there is substituted—

“(a)   

sections 213, 216, 219 to 224 and 226 to 236 of the

2003 Act (release on licence of fixed-term prisoners)

or, as the case may require, sections 102 to 104 of

the Powers of Criminal Courts (Sentencing) Act

10

2000 (detention and training orders) or sections 28

to 34 of this Act (life sentences) shall apply to him

in place of the corresponding provisions of the law

of Scotland;

(aa)   

sections 62 and 64 of the Criminal Justice and Court

15

Services Act 2000 (which relate to licence

conditions) shall apply to him in place of the

corresponding provisions of the law of Scotland;

(ab)   

where a custody plus order or intermittent custody

order has effect in relation to him, the provisions of

20

Chapters 3 and 4 of Part 11 of the 2003 Act relating

to such orders shall also apply to him (subject to

Schedule 10 to that Act); and”,

(b)   

for sub-paragraph (4)(a) there is substituted—

“(a)   

sections 213, 221 to 224 and 226 to 236 of the 2003

25

Act (duration and conditions of licences for fixed-

term prisoners) or, as the case may require, sections

103 and 104 of the Powers of Criminal Courts

(Sentencing) Act 2000 (detention and training

orders) or sections 31 to 34 of this Act (life

30

sentences) shall apply to him in place of the

corresponding provisions of the law of Scotland;

(aa)   

sections 62 and 64 of the Criminal Justice and Court

Services Act 2000 (which relate to licence

conditions) shall apply to him in place of the

35

corresponding provisions of the law of Scotland;

(ab)   

where a custody plus order or intermittent custody

order has effect in relation to him, the provisions of

Chapters 3 and 4 of Part 11 of the 2003 Act relating

to such orders shall also apply to him (subject to

40

Schedule 10 to that Act); and”, and

(c)   

for sub-paragraphs (5) to (7) there is substituted—

     “(5)  

Section 31(2A) of this Act (conditions as to supervision

after release), as applied by sub-paragraph (2) or (4) above,

shall have effect as if for paragraphs (a) to (c) there were

45

substituted the words “a relevant officer of such local

authority as may be specified in the licence”.”

      (4)  

In paragraph 9 (restricted transfers from England and Wales to Northern

Ireland)—

 

 

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

369

 

(a)   

for sub-paragraph (2)(a) there is substituted—

“(a)   

sections 213, 216, 219 to 224 and 226 to 236 of the

2003 Act (release on licence of fixed-term prisoners)

or, as the case may require, sections 102 to 104 of

the Powers of Criminal Courts (Sentencing) Act

5

2000 (detention and training orders) or sections 28

to 34 of this Act (life sentences) shall apply to him

in place of the corresponding provisions of the law

of Northern Ireland;

(aa)   

sections 62 and 64 of the Criminal Justice and Court

10

Services Act 2000 (which relate to licence

conditions) shall apply to him in place of the

corresponding provisions of the law of Northern

Ireland;

(ab)   

where a custody plus order or intermittent custody

15

order has effect in relation to him, the provisions of

Chapters 3 and 4 of Part 11 of the 2003 Act relating

to such orders shall apply to him (subject to

Schedule 10 to that Act); and”,

(b)   

for sub-paragraph (4)(a) there is substituted—

20

“(a)   

sections 213, 221 to 224 and 226 to 236 of the 2003

Act (duration and conditions of licences for fixed-

term prisoners) or, as the case may require, sections

103 and 104 of the Powers of Criminal Courts

(Sentencing) Act 2000 (detention and training

25

orders) or sections 31 to 34 of this Act (life

sentences) shall apply to him in place of the

corresponding provisions of the law of Northern

Ireland;

(aa)   

sections 62 and 64 of the Criminal Justice and Court

30

Services Act 2000 (which relate to licence

conditions) shall apply to him in place of the

corresponding provisions of the law of Northern

Ireland;

(ab)   

where a custody plus order or intermittent custody

35

order has effect in relation to him, the provisions of

Chapters 3 and 4 of Part 11 of the 2003 Act relating

to such orders shall apply to him (subject to

Schedule 10 to that Act); and”,

(c)   

for sub-paragraphs (5) to (7) there is substituted—

40

     “(5)  

Section 31(2A) of this Act (conditions as to supervision

after release), as applied by sub-paragraph (2) or (4) above,

shall have effect as if for paragraphs (a) to (c) there were

substituted the words “a probation appointed for or

assigned to the petty sessions district within which the

45

      (5)  

In paragraph 15 (unrestricted transfers: general provisions), sub-paragraph

(5) is omitted.

86         

In Schedule 2 (repatriation of prisoners to the British Islands) paragraphs 2

and 3 are omitted.

50

 

 

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

370

 

Crime and Disorder Act 1998 (c. 37)

87         

The Crime and Disorder Act 1998 is amended as follows.

88         

In section 18 (interpretation etc. of Chapter 1)—

(a)   

after the definition of “responsible officer” in subsection (1) there is

inserted—

5

   

““serious harm” shall be construed in accordance with section

196 of the Criminal Justice Act 2003;”; and

(b)   

subsection (2) is omitted.

89    (1)  

Section 38 (local provision of youth justice services) is amended as follows.

      (2)  

In subsection (4)(g), for “probation order, a community service order or a

10

combination order” there is substituted “community order under section 149

of the Criminal Justice Act 2003”.

      (3)  

In subsection (4)(i), after “1997 Act”)” there is inserted “or by virtue of

conditions imposed under section 222 of the Criminal Justice Act 2003”.

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

15

90         

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

91    (1)  

Section 6 (committal for sentence in certain cases where offender committed

in respect of another offence) is amended as follows.

      (2)  

In subsection (3)(b), for “section 120(1) below” there is substituted

“paragraph 11(1) of Schedule 11 to the Criminal Justice Act 2003”.

20

      (3)  

For subsection (4)(e), there is substituted—

“(e)   

paragraph 11(2) of Schedule 11 to the Criminal Justice Act

2003 (committal to Crown Court where offender convicted

during operational period of suspended sentence).”.

92         

In section 7 (power of Crown Court on committal for sentence under section

25

6), in subsection (2), for “section 119 below” there is substituted “paragraphs

8 and 9 of Schedule 11 to the Criminal Justice Act 2003”.

93         

In section 12 (absolute and conditional discharge)—

(a)   

in subsection (1) for “109(2), 110(2) or 111(2) below” there is

substituted “section 110(2) or 111(2) below, section 51A(2) of the

30

Firearms Act 1968 or section 197, 198, 199 or 200 of the Criminal

Justice Act 2003)”, and

(b)   

subsection (4) (duty to explain effect of order for conditional

discharge) is omitted.

94         

In the heading to Part 4, and the heading to Chapter 1 of that Part, for

35

“COMMUNITY ORDERS” there is substituted “YOUTH COMMUNITY

ORDERS”.

95         

For section 33 there is substituted—

“33     

Meaning of “youth community order” and “community sentence”

(1)   

In this Act “youth community order” means any of the following

40

orders—

(a)   

a curfew order;

(b)   

an exclusion order;

 

 

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

371

 

(c)   

an attendance centre order;

(d)   

a supervision order;

(e)   

an action plan order.

(2)   

In this Act “community sentence” means a sentence which consists

of or includes—

5

(a)   

a community order under section 149 of the Criminal Justice

Act 2003, or

(b)   

one or more youth community orders.”

96    (1)  

Section 36B (electronic monitoring of requirements in community orders) is

amended as follows.

10

      (2)  

In the heading for “community orders” there is substituted “youth

community orders”, and

      (3)  

In subsection (1)—

(a)   

for “to (4)” there is substituted “and (3)”, and

(b)   

for “community order” there is substituted “youth community

15

order”.

      (4)  

In subsection (2) and (6)(a), for “community order” there is substituted

“youth community order”.

97    (1)  

Section 37 (curfew orders) is amended as follows.

      (2)  

In subsection (1)—

20

(a)   

after the word “person” there is inserted “aged under 16”, and

(b)   

for “sections 34 to 36 above” there is substituted “sections 120, 122

and 128 of the Criminal Justice Act 2003”.

      (3)  

In subsection (5), for “community order” there is substituted “youth

community order”.

25

      (4)  

Subsection (10) is omitted.

98         

In section 39 (breach, revocation and amendment of curfew orders), for

“community orders” there is substituted “youth community orders”.

99         

In section 40 (curfew orders: supplementary), in subsection (3), for

“paragraphs 2A(4) and (5) and 19(3)” there is substituted “paragraph 16(2)”.

30

100   (1)  

Section 40A (exclusion orders) is amended as follows.

      (2)  

In subsection (1)—

(a)   

after “person” there is inserted “aged under 16”,

(b)   

for “sections 34 to 36 above” there is substituted “sections 120, 122

and 128 of the Criminal Justice Act 2003”, and

35

(c)   

for “two years” there is substituted “three months”.

      (3)  

In subsection (5), for “community order” there is substituted “youth

community order”.

      (4)  

Subsection (10) is omitted.

101        

In section 40B (breach, revocation and amendment of exclusion orders), for

40

“community orders” there is substituted “youth community orders”.

102   (1)  

Section 60 (attendance centre orders) is amended as follows.

      (2)  

In subsection (1)—

 

 

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

372

 

(a)   

in paragraph (a), for “sections 34 to 36 above” there is substituted

“sections 120, 122 and 128 of the Criminal Justice Act 2003” and for

“21” there is substituted “16”, and

(b)   

in paragraph (b), for “21” there is substituted “16”, and

(c)   

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

5

omitted.

      (3)  

In subsection (4), for paragraphs (a) and (b) there is substituted “shall not

exceed 24”.

      (4)  

In subsection (7), for “community order” there is substituted “youth

community order”.

10

103        

In section 63 (supervision orders), in subsection (1), for “sections 34 to 36

above” there is substituted “sections 120, 122 and 128 of the Criminal Justice

Act 2003”.

104   (1)  

Section 69 (action plan orders) is amended as follows.

      (2)  

In subsection (1), for “sections 34 to 36 above” there is substituted “sections

15

120, 122 and 128 of the Criminal Justice Act 2003”, and

      (3)  

In subsection (5)(b), for “a community rehabilitation order, a community

punishment order, a community punishment and rehabilitation order,”

there is substituted “a community order under section 149 of the Criminal

Justice Act 2003”.

20

      (4)  

Subsection (11) is omitted.

105        

In section 70 (requirements which may be included in action plan orders and

directions), in subsection (5)(a), after the word “other” there is inserted

“youth community order or any”.

106   (1)  

Section 73 (reparation orders) is amended as follows.

25

      (2)  

In subsection (4)(b), for “a community punishment order, a community

punishment and rehabilitation order,” there is substituted “a community

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

      (3)  

Subsection (7) is omitted.

107        

In section 74 (requirements and provisions of reparation order, and

30

obligations of person subject to it), in subsection (3)(a), after “community

order” there is inserted “or any youth community order”.

108   (1)  

Section 82A (determination of tariffs) is amended as follows.

      (2)  

In subsection (1), for the words from “where” onwards there is substituted

“where the sentence is not fixed by law”.

35

      (3)  

In subsection (3)—

(a)   

in paragraph (b), for “section 87” there is substituted “section 212 of

the Criminal Justice Act 2003”, and

(b)   

in paragraph (c), for “sections 33(2) and 35(1) of the Criminal Justice

Act 1991” there is substituted “section 216(1) of the Criminal Justice

40

Act 2003”.

      (4)  

In subsection (4)—

(a)   

after “If” there is inserted “the offender was aged 21 or over when he

committed the offence and”, and

(b)   

the words “subject to subsection (5) below” are omitted.

45

 

 

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

373

 

      (5)  

Subsections (5) and (6) are omitted.

109   (1)  

Section 91 (offenders under 18 convicted of certain serious offences) is

amended as follows.

      (2)  

In subsection (3), for “none of the other methods in which the case may

legally be dealt with” there is substituted “neither a community sentence nor

5

a detention and training order”.

      (3)  

In subsection (4), for “section 79 and 80 above” there is substituted “section

124 and 125 of the Criminal Justice Act 2003”.

110   (1)  

Section 100 (detention and training orders) is amended as follows.

      (2)  

In subsection (1)—

10

(a)   

for the words from the beginning to “subsection (2)” there is

substituted “Subject to sections 90 and 91 above, sections 198 and 200

of the Criminal Justice Act 2003, and subsection (2)”, and

(b)   

for paragraph (b) there is substituted—

“(b)   

the court is of the opinion that subsection (2) of

15

section 124 of the Criminal Justice Act 2003 applies or

the case falls within subsection (3) of that section,”.

      (3)  

Subsection (4) is omitted.

111        

In section 106 (interaction of detention and training orders with sentences of

detention in a young offender institution), subsections (2) and (3) are

20

omitted.

112        

After section 106 there is inserted—

“106A   

  Interaction with sentences of detention

(1)   

In this section—

   

“the 2003 Act” means the Criminal Justice Act 2003;

25

   

“sentence of detention” means—

(a)   

a sentence of detention under section 91 above, or

(b)   

a sentence of detention under section 200 of the 2003

Act (extended sentence for certain violent or sexual

offences: persons under 18).

30

(2)   

Where a court passes a sentence of detention in the case of an

offender who is subject to a detention and training order, the

sentence shall take effect as follows—

(a)   

if the offender has at any time been released by virtue of

subsection (2), (3), (4) or (5) of section 102 above, at the

35

beginning of the day on which the sentence is passed, and

(b)   

if not, either as mentioned in paragraph (a) above or, if the

court so orders, at the time when the offender would

otherwise be released by virtue of subsection (2), (3), (4) or (5)

of section 102.

40

(3)   

Where a court makes a detention and training order in the case of an

offender who is subject to a sentence of detention, the order shall take

effect as follows—

(a)   

if the offender has at any time been released under Chapter 6

of Part 11 of the 2003 Act (release on licence of fixed-term

45

 

 

 
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