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Criminal Justice Bill


Criminal Justice Bill
Schedule 36 — Transitory, transitional and saving provisions

439

 

by this Act is in force (or fully in force) need not include the provision

referred to in subsection (6) of section 54 of that Act (periodic review by

court) if the treatment and testing period (as defined by section 52(1) of that

Act) is less than 12 months.

Drug testing as part of supervision of young offenders after release

5

5     (1)  

Until the coming into force of the repeal by this Act of section 65 of the

Criminal Justice Act 1991 (c. 53) (supervision of young offenders after

release), that section has effect subject to the following modifications.

      (2)  

In subsection (5B)—

(a)   

in paragraph (a), for “18 years” there is substituted “14 years”,

10

(b)   

for paragraph (b) there is substituted—

“(b)   

a responsible officer is of the opinion—

(i)   

that the offender has a propensity to misuse

specified Class A drugs, and

(ii)   

that the misuse by the offender of any

15

specified Class A drug caused or contributed

to any offence of which he has been convicted,

or is likely to cause or contribute to the

commission by him of further offences; and”.

      (3)  

After subsection (5D) there is inserted—

20

“(5E)   

A person under the age of 17 years may not be required by virtue of

subsection (5A) to provide a sample otherwise than in the presence

of an appropriate adult.”

      (4)  

For subsection (10) there is substituted—

“(10)   

In this section—

25

   

“appropriate adult”, in relation to a person aged under 17,

means—

(a)   

his parent or guardian or, if he is in the care of a local

authority or voluntary organisation, a person

representing that authority or organisation,

30

(b)   

a social worker of a local authority social services

department, or

(c)   

if no person falling within paragraph (a) or (b) is

available, any responsible person aged 18 or over

who is not a police officer or a person employed by

35

the police;

   

“responsible officer” means—

(a)   

in relation to an offender aged under 18, an officer of

a local probation board or a member of a youth

offending team;

40

(b)   

in relation to an offender aged 18 or over, an officer of

a local probation board;

   

“specified Class A drug” has the same meaning as in Part 3 of

the Criminal Justice and Court Services Act 2000 (c. 43).”

 

 

Criminal Justice Bill
Schedule 36 — Transitory, transitional and saving provisions

440

 

Intermittent custody

6          

If section 155 (intermittent custody) is to come into force for any purpose

before the commencement of the repeal by this Act of section 78 of the

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

general limit on the power of a magistrates’ court to impose imprisonment),

5

the provision that may be made by order under section 305(1) includes

provision modifying any period or number of days specified in section 155

with respect to sentences passed by magistrates’ courts before the

commencement of that repeal.

Transfer to Scotland of community orders and suspended sentence orders

10

7     (1)  

Until the coming into force of the repeal by the Mental Health (Care and

Treatment) (Scotland) Act 2003 of the Mental Health (Scotland) Act 1984

(c. 36), in the provisions mentioned in sub-paragraph (2) the reference to the

Mental Health (Care and Treatment) (Scotland) Act 2003 has effect as a

reference to the Mental Health (Scotland) Act 1984.

15

      (2)  

Those provisions are—

(a)   

paragraph 2(4) of Schedule 8 (transfer of community orders to

scotland or Northern Ireland), and

(b)   

paragraph 4 of Schedule 12 (transfer of suspended sentence orders to

Scotland or Northern Ireland).

20

 

 

 

Criminal Justice Bill

 
 

A

Bill

[AS AMENDED ON REPORT]

To make provision about criminal justice (including the powers and duties of

the police) and about dealing with offenders; to amend the law relating to jury

service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and

Part 5 of the Police Act 1997; to make provision about civil proceedings

brought by offenders; and for connected purposes.

 


 
 


 
 


 
 


 
 

Brought from the Commons on 21st May 2003

 
 

Ordered to be Printed, 11th November 2003

 
 

© Parliamentary copyright House of Lords and House of Commons 2003

 

Applications for reproduction should be made in writing to the Copyright Unit,

 

Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ

 


 

PUBLISHED BY AUTHORITY OF THE House of Lords

 

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HL Bill 121(xxxxxx)53/2
 

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Revised 13 November 2003