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Criminal Justice Bill


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

387

 

(f)   

a sentence of detention under section 198 or 200 of the

Criminal Justice Act 2003”.

135        

In section 69 (duties of local probation boards in connection with victims of

certain offences), in subsection (8), for paragraph (a) there is substituted—

“(a)   

murder or an offence specified in Schedule 14 to the Criminal

5

Justice Act 2003,”.

136        

In section 70 (general interpretation), in subsection (5), for the words “any

community order” there is substituted “a curfew order, an exclusion order,

a community rehabilitation order, a community punishment order, a

community punishment and rehabilitation order, a drug treatment and

10

testing order, a drug abstinence order, an attendance centre order, a

supervision order or an action plan order”.

International Criminal Court Act 2001 (c. 17)

137   (1)  

Schedule 7 to the International Criminal Court Act 2001 (domestic

provisions not applicable to ICC prisoners), is amended as follows.

15

      (2)  

In paragraph 2(1), for paragraph (d) there is substituted—

“(d)   

section 212 of the Criminal Justice Act 2003 (crediting of

periods of remand in custody).”

      (3)  

In paragraph 3(1), for “Part 2 of the Criminal Justice Act 1991” there is

substituted “sections 216 to 236 of the Criminal Justice Act 2003”.

20

Armed Forces Act 2001 (c. 19)

138        

In section 30 of the Armed Forces Act 2001 (conditional release from

custody), in subsection (6)(a) for “six months” there is substituted “the term

specified in subsection (1)(a) of section 8 of the Armed Forces Act 1976

(powers of courts in relation to civilians)”.

25

Proceeds of Crime Act 2002 (c. 29)

139        

In section 38 of the Proceeds of Crime Act 2002 (provisions about

imprisonment or detention), in subsection (4)(a), for “section 118(1) of the

Sentencing Act” there is substituted “section 161(1) of the Criminal Justice

Act 2003”.

30

Sexual Offences Act 2003

140        

The Sexual Offences Act 2003 is amended as follows.

141        

In section 131 (application of Part 2 to young offenders), after paragraph (j)

there is inserted—

“(k)   

a sentence of detention for public protection under section

35

198 of the Criminal Justice Act 2003,

(l)   

an extended sentence under section 200 of that Act,”.

142        

In section 133 (general interpretation), at the end of paragraph (a) of the

definition of “community order” there is inserted “(as that Act had effect

before the passing of the Criminal Justice Act 2003)”.

40

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 2 — Offences: abolition of imprisonment and conversion to summary offence

388

 

Part 2

Offences: abolition of imprisonment and conversion to summary offence

Vagrancy Act 1824 (c. 83)

143        

In section 3 of the Vagrancy Act 1824 (idle and disorderly persons), for the

words from “subject to” to the end there is substituted “it shall be lawful for

5

any justice of the peace to impose on such person (being thereof convicted

before him by his own view, or by the confession of such person, or by the

evidence on oath of one or more credible witnesses) a fine not exceeding

level 3 on the standard scale”.

144   (1)  

Section 4 of that Act (rogues and vagabonds) is amended as follows.

10

      (2)  

In that section, for the words from “shall be” to the end there is substituted

“commits an offence under this section”.

      (3)  

At the end of that section (which becomes subsection (1)) there is inserted—

“(2)   

It shall be lawful for any justice of the peace to impose on any person

who commits an offence under this section (being thereof convicted

15

before him by the confession of such person, or by the evidence on

oath of one or more credible witnesses)—

(a)   

in the case of a person convicted of the offence of wandering

abroad and lodging in any barn or outhouse, or in any

deserted or unoccupied building, or in the open air, or under

20

a tent, or in any cart or waggon, and not giving a good

account of himself, a fine not exceeding level 1 on the

standard scale, and

(b)   

in the case of a person convicted of any other offence under

this section, a fine not exceeding level 3 on the standard

25

scale.”

London Hackney Carriages Act 1843 (c. 86)

145        

In section 28 of the London Hackney Carriages Act 1843, after “for every

such offence”, there is inserted “of which he is convicted before the justice”.

Town Police Clauses Act 1847 (c. 89)

30

146        

In section 26 of the Town Police Clauses Act 1847, for the words from

“committed by them” to the end, there is substituted “liable to a fine not

exceeding level 3 on the standard scale”.

147        

In section 28 of that Act, after “for each offence”, there is inserted “of which

he is convicted before the justice”.

35

148        

In section 29 of that Act, after “for every such offence”, there is inserted “of

which he is convicted before the justice”.

149        

In section 36 of that Act, after “liable”, there is inserted “on conviction before

the justices”.

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 2 — Offences: abolition of imprisonment and conversion to summary offence

389

 

Seamen’s and Soldiers’ False Characters Act 1906 (c. 5)

150        

In section 1 of the Seamen’s and Soldiers’ False Characters Act 1906, for

“imprisonment for a term not exceeding three months” there is substituted

“a fine not exceeding level 2 on the standard scale”.

Aliens Restriction (Amendment) Act 1919 (c. 92)

5

151        

In section 3(2) of the Aliens Restriction (Amendment) Act 1919, for

“imprisonment for a term not exceeding three months” there is substituted

“a fine not exceeding level 3 on the standard scale”.

Polish Resettlement Act 1947 (c. 19)

152        

In the Schedule to the Polish Resettlement Act 1947, in paragraph 7, for

10

“imprisonment for a term not exceeding three months” there is substituted

“a fine not exceeding level 1 on the standard scale”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

153        

In section 61 of the Army Act 1955, for the words from “the like” to “section

nineteen of this Act” there is substituted “dismissal from Her Majesty’s

15

service with or without disgrace, to detention for a term not exceeding three

months,”.

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

154        

In section 61 of the Air Force Act 1955, for the words from “the like” to

“section nineteen of this Act” there is substituted “dismissal from Her

20

Majesty’s service with or without disgrace, to detention for a term not

exceeding three months,”.

Naval Discipline Act 1957 (c. 53)

155        

In section 34A of the Naval Discipline Act 1957, for the words

“imprisonment for a term not exceeding three months” there is substituted

25

“dismissal from Her Majesty’s service with or without disgrace, detention

for a term not exceeding three months,”.

Slaughterhouses Act 1974 (c. 3)

156        

In section 4 of the Slaughterhouses Act 1974, after subsection (5) there is

inserted—

30

“(5A)   

A person guilty of an offence under subsection (5) above shall be

liable to a fine not exceeding level 3 on the standard scale.”

Water Industry Act 1991 (c. 56)

157        

In Schedule 6 to the Water Industry Act 1991, in paragraph 5(4), for

paragraphs (a) and (b) there is substituted “, on summary conviction, to a

35

fine not exceeding level 5 on the standard scale”.

 

 

Criminal Justice Bill
Schedule 31 — Jury service

390

 

Water Resources Act 1991 (c.57)

158        

In section 205(6) of the Water Resources Act 1991, for paragraphs (a) and (b)

there is substituted “on summary conviction to a fine not exceeding level 5

on the standard scale”.

Transport Act 2000 (c. 38)

5

159        

In section 82(4) of the Transport Act 2000, after “subsection (1)” there is

inserted “or (2)”.

Reserve Forces Act 1996 (c. 14)

160        

In paragraph 5(3) of Schedule 1 to the Reserve Forces Act 1996, for the words

“imprisonment for a term not exceeding three months” there is substituted

10

“dismissal from Her Majesty’s service with or without disgrace, to detention

for a term not exceeding 3 months,”.

Schedule 31

Section 293

 

Jury service

1          

The Juries Act 1974 (c. 23) is amended as follows.

15

2          

For section 1 (qualification for jury service) there is substituted—

“1      

Qualification for jury service

(1)   

Subject to the provisions of this Act, every person shall be qualified

to serve as a juror in the Crown Court, the High Court and county

courts and be liable accordingly to attend for jury service when

20

summoned under this Act if—

(a)   

he is for the time being registered as a parliamentary or local

government elector and is not less than eighteen nor more

than seventy years of age;

(b)   

he has been ordinarily resident in the United Kingdom, the

25

Channel Islands or the Isle of Man for any period of at least

five years since attaining the age of thirteen;

(c)   

he is not a mentally disordered person; and

(d)   

he is not disqualified for jury service.

(2)   

In subsection (1) above “mentally disordered person” means any

30

person listed in Part 1 of Schedule 1 to this Act.

(3)   

The persons who are disqualified for jury service are those listed in

Part 2 of that Schedule.”

3          

Section 9(1) (certain persons entitled to be excused from jury service) shall

cease to have effect.

35

4          

In section 9(2) (discretionary excusal) after “may” there is inserted “, subject

to section 9A(1A) of this Act,”.

 

 

Criminal Justice Bill
Schedule 31 — Jury service

391

 

5          

After section 9(2) (discretionary excusal) there is inserted—

“(2A)   

Without prejudice to subsection (2) above, the appropriate officer

shall excuse a full-time serving member of Her Majesty’s naval,

military or air forces from attending in pursuance of a summons if—

(a)   

that member’s commanding officer certifies to the

5

appropriate officer that it would be prejudicial to the

efficiency of the service if that member were to be required to

be absent from duty, and

(b)   

subsection (2A) or (2B) of section 9A of this Act applies.

(2B)   

Subsection (2A) above does not affect the application of subsection

10

(2) above to a full-time serving member of Her Majesty’s naval,

military or air forces in a case where he is not entitled to be excused

under subsection (2A).”

6          

In section 9(3) (discretionary excusal) after “above” there is inserted “or any

failure by the appropriate officer to excuse him as required by subsection

15

(2A) above”.

7          

In section 9A(1) (discretionary deferral) after “may” there is inserted “,

subject to subsection (2) below,”.

8          

After section 9A(1) (discretionary deferral) there is inserted—

“(1A)   

Without prejudice to subsection (1) above and subject to subsection

20

(2) below, the appropriate officer—

(a)   

shall defer the attendance of a full-time serving member of

Her Majesty’s naval, military or air forces in pursuance of a

summons if subsection (1B) below applies, and

(b)   

for this purpose, shall vary the dates upon which that

25

member is summoned to attend and the summons shall have

effect accordingly.

(1B)   

This subsection applies if that member’s commanding officer

certifies to the appropriate officer that it would be prejudicial to the

efficiency of the service if that member were to be required to be

30

absent from duty.

(1C)   

Nothing in subsection (1A) or (1B) above shall affect the application

of subsection (1) above to a full-time serving member of Her

Majesty’s naval, military or air forces in a case where subsection (1B)

does not apply.”

35

9          

For section 9A(2) (discretionary deferral) there is substituted—

“(2)   

The attendance of a person in pursuance of a summons shall not be

deferred under subsection (1) or (1A) above if subsection (2A) or (2B)

below applies.”

10         

After section 9A(2) (discretionary deferral) there is inserted—

40

“(2A)   

This subsection applies where a deferral of the attendance of the

person in pursuance of the summons has previously been made or

refused under subsection (1) above or has previously been made

under subsection (1A) above.

(2B)   

This subsection applies where—

45

 

 

Criminal Justice Bill
Schedule 31 — Jury service

392

 

(a)   

the person is a full-time serving member of Her Majesty’s

naval, military or air forces, and

(b)   

in addition to certifying to the appropriate officer that it

would be prejudicial to the efficiency of the service if that

member were to be required to be absent from duty, that

5

member’s commanding officer certifies that this position is

likely to remain for any period specified for the purpose of

this subsection in guidance issued under section 9AA of this

Act.”

11         

In section 9A(3) (discretionary deferral) after “above” there is inserted “or

10

any failure by the appropriate officer to defer his attendance as required by

subsection (1A) above”.

12         

After section 9A (discretionary deferral) there is inserted—

“9AA    

Requirement to issue guidance

(1)   

The Lord Chancellor shall issue guidance as to the manner in which

15

the functions of the appropriate officer under sections 9 and 9A of

this Act are to be exercised.

(2)   

The Lord Chancellor shall—

(a)   

lay before each House of Parliament the guidance, and any

revised guidance, issued under this section, and

20

(b)   

arrange for the guidance, or revised guidance, to be

published in a manner which he considers appropriate.”

13         

In section 19 (payment for jury service), after subsection (1) there is

inserted—

“(1A)   

The reference in subsection (1) above to payments by way of

25

allowance for subsistence includes a reference to vouchers and other

benefits which may be used to pay for subsistence, whether or not

their use is subject to any limitations.”

14         

In section 20 (offences), for subsection (5)(d) there is substituted—

“(d)   

knowing that he is disqualified under Part 2 of Schedule 1 to

30

this Act, serves on a jury;”

15         

For Schedule 1 (ineligibility and disqualification for and excusal from jury

service) there is substituted—

“Schedule 1

Mentally disordered persons and persons disqualified for jury service

35

Part 1

Mentally disordered persons

1          

A person who suffers or has suffered from mental illness,

psychopathic disorder, mental handicap or severe mental

handicap and on account of that condition either—

40

(a)   

is resident in a hospital or similar institution; or

(b)   

regularly attends for treatment by a medical practitioner.

 

 

Criminal Justice Bill
Schedule 31 — Jury service

393

 

2          

A person for the time being under guardianship under section 7 of

the Mental Health Act 1983.

3          

A person who, under Part 7 of that Act, has been determined by a

judge to be incapable, by reason of mental disorder, of managing

and administering his property and affairs.

5

4     (1)  

In this Part of this Schedule—

(a)   

“mental handicap” means a state of arrested or incomplete

development of mind (not amounting to severe mental

handicap) which includes significant impairment of

intelligence and social functioning;

10

(b)   

“severe mental handicap” means a state of arrested or

incomplete development of mind which includes severe

impairment of intelligence and social functioning;

(c)   

other expressions are to be construed in accordance with

the Mental Health Act 1983;

15

      (2)  

For the purposes of this Part a person is to be treated as being

under guardianship under section 7 of the Mental Health Act 1983

at any time while he is subject to guardianship pursuant to an

order under section 116A(2)(b) of the Army Act 1955, section

116A(2)(b) of the Air Force Act 1955 or section 63A(2)(b) of the

20

Naval Discipline Act 1957.

Part 2

Persons disqualified

5          

A person who is on bail in criminal proceedings (within the

meaning of the Bail Act 1976).

25

6          

A person who has at any time been sentenced in the United

Kingdom, the Channel Islands or the Isle of Man—

(a)   

to imprisonment for life, detention for life or custody for

life,

(b)   

to detention during her Majesty’s pleasure or during the

30

pleasure of the Secretary of State,

(c)   

to imprisonment for public protection or detention for

public protection,

(d)   

to an extended sentence under section 199 or 200 of the

Criminal Justice Act 2003 or section 210A of the Criminal

35

Procedure (Scotland) Act 1995, or

(e)   

to a term of imprisonment of five years or more or a term

of detention of five years or more.

7          

A person who at any time in the last ten years has—

(a)   

in the United Kingdom, the Channel Islands or the Isle of

40

Man—

(i)   

served any part of a sentence of imprisonment or a

sentence of detention, or

(ii)   

had passed on him a suspended sentence of

imprisonment or had made in respect of him a

45

suspended order for detention,

 

 

 
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