Criminal Justice Act 1982

(4) Subject to the following provisions of this section, a person transferred under this section to any part of the United Kingdom or to any of the Channel Islands or the Isle of Man there to serve his sentence or the remainder of his sentence shall be treated for purposes of detention, release, supervision, recall and otherwise as if that sentence (and any other sentence to which he may be subject) had been an equivalent sentence passed by a court in the place to which he is transferred. (4A) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred shall be treated for the purposes mentioned in subsection (4) of this section as the Secretary of State may direct.

.

12

The words “youth custody centre” shall be substituted for the words “Borstal institution” in section 29(1) (removal of prisoners etc. for judicial purpose) and section 30(3) (prisoners unlawfully at large) of that Act.

13

In subsection (2) of section 32 of that Act (supervision and recall)—

• (a) in paragraph (i) for the word “section" there shall be substituted the words “sections 206,";

• (b) at the end there shall be added the following paragraphs—

(j) section 15 of the Criminal Justice Act 1982; (k) section 73(4), (5) and (6) of the Children and Young Persons Act (Northern Ireland) 1968.

.

14

The words “or of any authorised officer” shall be added at the end of section 33 of that Act (orders relating to transfers of prisoners and others to be under hand of the Secretary of State or of an Under-Secretary or Assistant Under-Secretary of State).

15

In section 38 of that Act (construction of references to imprisonment, detention, etc.)—

• (a) in paragraph (a) of subsection (3)—

• (i) after the word “imprisonment", in the second place where it occurs, there shall be inserted the words “custody for life, youth custody,"; and

• (ii) for the words “or detention in a detention centre or young offenders institution" there shall be substituted the words “detention in a detention centre or young offenders institution or detention under an equivalent sentence passed by a court in the Channel Islands or the Isle of Man";

• (b) the following subsection shall be inserted after subsection (5)—

(6) The Secretary of State may by order designate as equivalent sentences for the purposes of this Act and of any enactment referred to in Part III of this Act a description of sentence which a court with jurisdiction in one part of the United Kingdom or in the Channel Islands or the Isle of Man may pass and a description of sentence which a court elsewhere in the United Kingdom or in those Islands may pass;

.

16

In section 39 of that Act (interpretation)—

• (a) in subsection (1), the following definition shall be substituted for the defintion of “appropriate institution”—

• “appropriate institution”, in relation to any person, means, subject to subsection (1A) of this section, any institution which would be appropriate for the detention of an offender of the same age serving an equivalent sentence passed by a court in the place to which he has been transferred;

; and

• (b) the following subsections shall be inserted after that subsection—

(1A) Subsection (1) of this section shall have effect in relation to a person serving a sentence of a length which could not have been passed on an offender of his age by a court in the place to which he has been transferred as if it defined “appropriate institution" as meaning such place as the Secretary of State may direct. (1B) Any reference in this Act to a sentence being equivalent to another sentence is to be construed as a reference to its having been so designated under section 38(6) of this Act.

.

17

In section 42(1) of that Act (application to Scotland), and in section 42(2) (application to Northern Ireland), after the word “thirty-five;" there shall be inserted the words “section thirty-six;".

Criminal Justice Act 1967 (c. 80)

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

In section 61(1) of that Act (release on licence of persons sentenced to imprisonment for life, etc.) after the word " life ", in the first and second places where it occurs, there shall be inserted the words " or custody for life ".

20

In section 62 of that Act (revocation of licences and conviction of prisoners on licence)—

• (a) in subsection (7), after the word " sentence)," there shall be inserted the words " then, except in a case to which subsection (7A) of this section applies, ";

• (b) the following subsection shall be inserted after that subsection—

(7A) Any such licence shall be treated as revoked where— (a) the offender— (i) was sentenced to imprisonment with an order under subsection (1) of section 47 of the Criminal Law Act 1977 (sentences partly suspended); and (ii) was released on licence before the expiration of any part of his sentence which he was required to serve in prison under subsection (1) of that section ; and (b) by virtue of subsection (3) of that section a court restores any part of the sentence held in suspense, and subsection (9) of this section shall apply to the offender accordingly.

; and

• (c) in subsection (11)—

• (i) after the word " sentenced " there shall be inserted the words " to youth custody or "; and

• (ii) for the words " the Secretary of State directs that person to be detained" there shall be substituted the words " that person was detained immediately before he was released on licence ".

21

In section 64(2)(a) of that Act (which relates to the power conferred on the Secretary of State by section 60 of that Act to insert or include conditions in the licence of any person released under that section after being transferred to either part of Great Britain from another part of the United Kingdom, the Channel Islands or the Isle of Man) for the words from " of this " to " section " there shall be substituted the words " or 61 of this Act to insert or include conditions in the licence of any person released under those sections. ".

22

The following subsections shall be inserted after subsection (2) of section 67 of that Act (computation of sentence of imprisonment)—

(2A) Where a person is sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (sentences partly suspended), subsection (1) above— (a) operates to reduce the part of the sentence required to be served in prison; (b) operates to reduce the whole period of the sentence for the purposes of section 47(3) of that Act; but (c) does not operate to reduce any part of the sentence which is ordered under section 47(1) of that Act to be held in suspense. (2B) Where— (a) an offender has been sentenced to imprisonment with an order under section 47(1) of that Act; and (b) he has been released from prison after serving part of his sentence; and (c) an order is subsequently made restoring part of his sentence, the restored part shall for the purposes of this section be treated as a sentence of imprisonment imposed by the order restoring it (but shall not be reduced by any period spent in custody by the offender before the original sentence was passed).

.

Criminal Appeal Act 1968 (c. 19)

23

In section 10 of the Criminal Appeal Act 1968 (appeal against sentence passed by Crown Court for an offence not tried on indictment)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (3)(a), after the word “imprisonment" there shall be inserted the words “or to youth custody under section 6 of the Criminal Justice Act 1982"; and

• (c) the following subsection shall be inserted after subsection (4)—

(5) If by virtue of an order made under section 14 of the Criminal Justice Act 1982, the term of 4 months specified in section 4 of that Act is increased to a term of 6 months or more, subsection (3)(a) above shall have effect, for so long as the term so specified is 6 months or more, as if after the word “more" there were inserted the words “or an order for his detention in a detention centre for a term of 6 months or more has been made under section 4 of the Criminal Justice Act 1982".

Firearms Act 1968 (c. 27)

24

In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime)—

• (a) in subsection (1)—

• (i) after the word “sentenced", in the first place where it occurs, there shall be inserted the words “to custody for life or"; and

• (ii) after the word “more" there shall be inserted the words “or to youth custody for such a term"; and

• (b) in subsection (2), after the word “years", in the second place where it occurs, there shall be inserted the words “or to youth custody for such a term".

Children and Young Persons Act 1969 (c. 54)

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

In section 16(10) of that Act (which includes a definition of an “attendance centre order")—

• (a) for the words “19 of the Criminal Justice Act 1948" there shall be substituted the words “17 of the Criminal Justice Act 1982"; and

• (b) for the word “(5)" there shall be substituted the word “(13)".

27

In section 23(4) of that Act (remand to care of local authorities etc.) for the words “borstal sentence" there shall be substituted the words “youth custody sentence".

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fire Precautions Act 1971 (c. 40)

29

In section 40(2)(a) of the Fire Precautions Act 1971 (which provides that no fire certificate is required in respect of prisons and similar institutions) for the words “Borstal institution" there shall be substituted the words “youth custody centre".

Powers of Criminal Courts Act 1973 (c. 62)

30

In subsection (3)(c) of section 6 of the Powers of Criminal Courts Act 1973 (breach of requirements of probation order) for the words “19 of the Criminal Justice Act 1948" there shall be substituted the words “17 of the Criminal Justice Act 1982".

31

In section 13 of that Act (under which a conviction of an offence for which a probation order or an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes)—

• (a) in subsection (1), after the word “below," there shall be inserted the words “and to section 50(1A) of the Criminal Appeal Act 1968 and section 108(1A) of the Magistrates’ Courts Act 1980,"; and

• (b) in subsection (4)(a), for the words “appeal against his conviction or rely on it" there shall be substituted the words “rely on his conviction".

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

The following subsection shall be inserted as subsection (2) of section 42 of that Act—

(2) Where an offender is committed by a magistrates’ court for sentence under section 37 of the Magistrates’ Courts Act 1980 (committal for sentence of offender aged 15 or 16 convicted of indictable offences), the Crown Court shall enquire into the circumstances of the case and shall have power— (a) subject to section 7(8) of the Criminal Justice Act 1982 (term of youth custody for offenders aged 15 or 16 not to exceed 12 months), to sentence him to a term of youth custody not exceeding the maximum term of imprisonment for the offence on conviction on indictment; or (b) to deal with him in any manner in which the magistrates’ court might have dealt with him.

.

Juries Act 1974 (c. 23)

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rehabilitation of Offenders Act 1974 (c. 53)

36

In section 5(1) of the Rehabilitation of Offenders Act 1974 (sentences excluded from rehabilitation)—

• (a) in paragraph (b) after word “imprisonment" there shall be inserted the words “youth custody"; and

• (b) after paragraph (d) there shall be the following words

and (e) a sentence of custody for life

.

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Law Act 1977 (c. 45)

38

In section 36 of the Criminal Law Act 1977 (enforcement of fines imposed on young offenders)—

• (a) in subsection (2) for the words “the statutory restrictions upon the imprisonment of young offenders" there shall be substituted the words “section 1 of the Criminal Justice Act 1982"; and

• (b) in subsection (4)(a) for the words “19(1) of the Criminal Justice Act 1948" there shall be substituted the words “17 of the Criminal Justice Act 1982".

39

In subsection (5) of section 38A of that Act (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine) in the definition of “prison", after paragraph (i) there shall be inserted the following paragraph—

(ia) in the case of a person under that age arrested in England and Wales, any place in which he could be detained under section 12(10) of the Criminal Justice Act 1982;

.

40

The following shall be inserted after paragraph 3 of Schedule 9 to that Act (ancillary provisions relating to partly suspended sentences)—

(3A) (1) This paragraph applies where— (a) an offender is serving consecutive sentences of imprisonment; and (b) at least one of the sentences was passed with an order under section 47(1) of this Act. (2) Where this paragraph applies the offender shall, so far as the consecutive sentences are concerned, be treated for the purposes— (a) of computing the date when he should be released from prison; and (b) of calculating the term of imprisonment liable to be restored under section 47(3) of this Act, as if he had been sentenced to a single term of imprisonment with an order under section 47(1) of this Act of which the part which he is immediately required to serve in prison were the aggregate— (i) of the part which he is required to serve in prison of any consecutive sentence passed with an order under section 47(1) of this Act; and (ii) of the whole term of any other consecutive sentence, and of which the part which is held in suspense were the aggregate of all parts of the sentences which were ordered to be held in suspense under that section. (3) Section 47(6) of this Act shall have effect, in relation to any consecutive sentence passed with an order under section 47(1) of this Act, as if for the words following the word “prison" there were substituted the following words "if— (a) none of the sentences to which he is subject had been passed with an order under subsection (1) above; and (b) he had not had, in respect of any sentence passed with such an order, any remission under section 25(1) of the Prison Act 1952 (industry and good conduct in prison)." (4) In this paragraph “a consecutive sentence” means a sentence which is one of two or more sentences of imprisonment the terms of which have been ordered to run consecutively.

.

41

In paragraph 7 of that Schedule, for the word “Where" there shall be substituted the words “Subject to section 60(1C) of the Criminal Justice Act 1967 (release on licence), where".

Customs and Excise Management Act 1979 (c. 2)

42

Section 147(5) of the Customs and Excise Management Act 1979 is repealed.

43

In section 156 of that Act (saving for outlying enactments of certain general provisions as to offences)—

• (a) in subsection (3), the words “This subsection does not apply to Scotland” are repealed;

• (b) for subsection (4) there shall be substituted the following subsections—

(4) The maximum term of imprisonment which may be imposed on summary conviction in the sheriff court of an offence under any of the outlying provisions of the customs and excise Acts shall be 6 months. (5) Where, in Scotland, an offence under any of the outlying provisions of the customs and excise Acts is triable only summarily by virtue of subsection (3)(b) above, the penalty for the offence shall be that to which a person was liable on summary conviction of the offence immediately before 29th July 1977 (the date of the passing of the Criminal Law Act 1977) subject to any increase by virtue of section 289C(5) of the Criminal Procedure (Scotland) Act 1975 or Part IV of the Criminal Justice Act 1982.

.

Child Care Act 1980 (c. 5)

44

In section 10(2) of the Child Care Act 1980 (parental powers of local authorities) for the words “regulations made in pursuance of section" there shall be substituted the words “section 21A of this Act and to regulations made in pursuance of section 21A or".

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates’ Courts Act 1980 (c. 43)

47

In section 24(3) of the Magistrates’ Courts Act 1980 (powers of sentencing with respect to persons under the age of 17 tried summarily for indictable offences) for the words following the word “section" there shall be substituted the words

1(1) of the Criminal Justice Act 1982, it could have sentenced him to imprisonment for a term not exceeding— (a) the maximum term of imprisonment for the offence on conviction on indictment; or (b) six months, whichever is the less.

.

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

The following subsections shall be substituted for subsection (1) of section 37 of that Act (committal to Crown Court with a view to Borstal sentence)—

(1) Where a person who is not less than 15 nor more than 16 years old is convicted by a magistrates’ court of an offence punishable on conviction on indictment with a term of imprisonment exceeding six months, then, if the court is of opinion that he should be sentenced to a greater term of youth custody than it has power to impose, the court may commit him in custody or on bail to the Crown Court for sentence. (1A) If by virtue of an order made under section 14 of the Criminal Justice Act 1982, the term specified in section 7(5) of that Act as the usual term of youth custody is increased to a term exceeding six months, subsection (1) above shall have effect, for so long as the term so specified exceeds six months, as if after the word “opinion" there were inserted the following words—" (a) that a youth custody sentence should be passed on him but that it has no power to do so; or (b) .".

.

50

In section 77(2) of that Act (power to fix a term of imprisonment and postpone issue of warrant of distress) after the word “imprisonment" there shall be inserted the words “or detention under section 9 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default)".

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

In section 82 of that Act (restriction on power to impose imprisonment for default)—

• (a) in subsection (1)(c), after the word “imprisonment", in the first place where it occurs, there shall be inserted the words “, youth custody"; and

• (b) in subsections (1)(c), (3)(a) and (5)(b) for the words “a term of imprisonment" there shall be substituted the words “a sentence of custody for life, or a term of imprisonment, youth custody, detention under section 9 of the Criminal Justice Act 1982".

53

In section 88 of that Act (supervision pending payment)—

• (a) in subsection (4), for the word “prison”—

• (i) in the first place where it occurs, there shall be substituted the words “detention under section 9 of the Criminal Justice Act 1982"; and

• (ii) in the next place where it occurs, there shall be substituted the words “to such detention"; and

• (b) in subsection (5), for the word “prison" there shall be substituted the words “such detention".

54

The following section shall be inserted after section 96 of that Act—

(96A) This Part of this act shall have effect in relation to a person aged 17 or over but less than 21 as if any reference to committing a person to prison, or fixing a term of imprisonment for a default, were a reference to committing the person to, or, as the case may be, to fixing a term of, detention under section 9 of the Criminal Justice Act 1982; and any reference to warrants of commitment, or to periods of imprisonment imposed for default, shall be construed accordingly.

.

55

The words “or the Crown Court” shall be added at the end of section 119(3) of that Act (postponement of taking recognizance).

56

In section 133(1) of that Act (consecutive terms of imprisonment) after the word “imprisonment” wherever it appears there shall be inserted the words “or youth custody".

57

At the end of section 134 of that Act (detention in police cells etc.) there shall be inserted the following subsection—

(8) This section shall have effect in relation to a person aged 17 or over but less than 21 as if references in it to imprisonment were references to youth custody.

.

58

The following subsection shall be added as subsection (3) of section 135 of that Act (detention of offender for one day in court house or police station) and as subsection (4) of section 136 of that Act (committal to custody overnight at police station for non-payment of sum adjudged by conviction)—

(0) This section shall have effect in relation to a person aged 17 or over but less than 21 as if references in it to prison were references to detention under section 9 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default).

.

59

In Schedule 4 to that Act (imprisonment for default) the words “or detention” shall be inserted after the word “imprisonment" in paragraphs 1 and 2(1).

Contempt of Court Act 1981 (c. 49)

60

The following subsection shall be inserted after subsection (2) of section 14 of the Contempt of Court Act 1981 (which relates to penalties for contempt and kindred offences in proceedings in England and Wales)—

(2A) In the exercise of jurisdiction to commit for contempt of court or any kindred offence the court shall not deal with the offender by making an order under section 17 of the Criminal Justice Act 1982 (an attendance centre order) if it appears to the court, after considering any available evidence, that he is under 17 years of age.

.

SCHEDULE 15

Trespass (Scotland) Act 1865 (c. 56)

1

In section 4 of the Trespass (Scotland) Act 1865 (apprehension and punishment of offenders) for the words from “, and on being convicted" onwards, substitute the words “; and every person committing an offence against the provisions of this act shall be liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.".

Electric Lighting Act 1882 (c. 56)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Merchant Shipping Act 1894 (c. 60)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In section 18 of the Public Health (Scotland) Act 1897 (power of entry to local authority or their officers)—

• (a) before the word “conviction" insert the word “summary"; and

• (b) for the words “a penalty not exceeding five pounds" substitute the words “a fine not exceeding level 3 on the standard scale".

7

In section 24 of that Act (penalty for contravention of decree and of interdict)—

• (a) for the words “to a penalty of not more than £10 per day during his failure so to comply" substitute the words “on summary conviction to a fine not exceeding level 2 on the standard scale"; and

• (b) for the words “to a penalty not exceeding £20 per day during such infringement" substitute the words “on summary conviction to a fine not exceeding level 2 on the standard scale".

Food and Drugs (Scotland) Act 1956 (c. 30)

8

In section 56 of the Food and Drugs (Scotland) Act 1956 (orders and regulations)—

• (a) in subsection (8)(e), for the words “section forty of this Act" substitute “subsection (8A) below"; and

• (b) after subsection (8), insert the following new subsection—

(8A) The maximum penalties referred to in subsection (8)(e) above are— (a) on conviction of an offence triable only summarily, a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 6 months or both; (b) in relation to an offence triable either summarily or on indictment— (i) on summary conviction, a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 6 months or both; (ii) on conviction on indictment, a fine or imprisonment for a term not exceeding one year or both.

.

South of Scotland Electricity Order Confirmation Act 1956 (c. xciv)

9

For section 51 of the South of Scotland Electricity Order 1956 as set out in the Schedule to the South of Scotland Electricity Order Confirmation Act 1956 there shall be substituted the following section—

(1) If any person— (a) wilfully, fraudulently or by culpable negligence— (i) injures or suffers to be injured any electric lines, meter or fittings belonging to the Board; (ii) alters the index to any meter; or (iii) prevents any meter from duly registering the quality of electricity supplied; or (b) wilfully— (i) injures or detaches or suffers to be injured or detached any of the sealing or locking devices attached to any sealed or locked receptacle, meter or apparatus affixed by the Board to any electric line within a consumer’s premises; or (ii) opens or suffers to be opened any such sealed or locked receptacle, meter or apparatus; he shall (without prejudice to any other right or remedy for the protection of the Board or the punishment of the offender) be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) The prosecution of any such offence shall not prevent the Board from recovering the amount of any damage caused to them by the offence, and, if the offence involves wilful or fraudulent injury to or interference with any electric lines, meter or fittings belonging to the Board, the Board may also, until the matter has been remedied, but no longer, discontinue the supply of electricity to the person so offending (notwithstanding any contract previously existing). (3) The existence of artificial means for causing an alteration of the index to any meter or preventing any meter from duly registering the quantity of electricity supplied, when the meter is under the custody or control of the consumer, shall be prima facie evidence that the alteration or prevention, as the case may be, has been fraudulently and wilfully caused by the consumer using the meter. (4) If any person— (a) accidentally injures or detaches any seal or locking device referred to in paragraph (b) of subsection (1) of this section; or (b) accidentally opens any sealed or locked receptacle, meter or apparatus referred to in that paragraph; he shall within 48 hours of doing so notify the Board in writing. (5) Any person who fails to comply with subsection (4) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

.

10

In section 55 of that Order (penalty for interference with works) for the words “five pounds" substitute the words “level 3 on the standard scale".

North of Scotland Electricity Order Confirmation Act 1958 (c. ii)

11

For section 36 of the North of Scotland Electricity Order 1958 as set out in the Schedule to the North of Scotland Electricity Order Confirmation Act 1958 there shall be substituted the following section—

(1) If any person— (a) wilfully, fraudulently or by culpable negligence— (i) injures or suffers to be injured any electric lines, meter or fittings belonging to the Board; (ii) alters the index to any meter; or (iii) prevents any meter from duly registering the quantity of electricity supplied; or (b) wilfully— (i) injures or detaches or suffers to be injured or detached any of the sealing or locking devices attached to any sealed or locked receptacle, meter or apparatus affixed by the Board to any electric line within a consumer’s premises; or (ii) opens or suffers to be opened any such sealed or locked receptacle, meter or apparatus; he shall (without prejudice to any other right or remedy for the protection of the Board or the punishment of the offender) be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) The prosecution of any such offence shall not prevent the Board from recovering the amount of any damage caused to them by the offence, and, if the offence involves any wilful or fraudulent injury to or interference with any electric lines, meter or fittings belonging to the Board, the Board may also, until the matter has been remedied, but no longer, discontinue the supply of electricity to the person so offending (notwithstanding any contract previously existing). (3) The existence of artificial means for causing an alteration of the index to any meter or preventing any meter from registering the quantity of electricity supplied, when the meter is under the custody or control of the consumer, shall be prima facie evidence that the alteration or prevention, as the case may be, has been fraudulently and wilfully caused by the consumer using the meter. (4) If any person— (a) accidentally injures or detaches any seal or locking device referred to in paragraph (b) of subsection (1) of this section; or (b) accidentally opens any sealed or locked receptacle, meter or apparatus referred to in that paragraph; he shall within 48 hours of doing so notify the Board in writing. (5) Any person who fails to comply with subsection (4) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

.

12

In section 40 of that Order (penalty for interference with works) for the words “five pounds" substitute the words “level 3 on the standard scale".

Roads (Scotland) Act 1970 (c. 20)

13

In section 48 of the Roads (Scotland) Act 1970 (prosecution of certain offences under the Act), after the word “Act” where first occurring insert the words “shall be triable only summarily and".

Rent (Scotland) Act 1971 (c. 28)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration Act 1971 (c. 77)

15

In section 6 of the Immigration Act 1971 (recommendations by court for deportation)—

• (a) in paragraph (b) of subsection (3), for the words “first offenders" substitute the words “persons who have not previously been sentenced to imprisonment";

• (b) in subsection (5), the words “except in Scotland," and paragraph (b) and the word “and" preceding it are repealed.

Road Traffic Act 1972 (c. 20)

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Procedure (Scotland) Act 1975 (c. 21)

17

In section 193A of the Criminal Procedure (Scotland) Act 1975 (fines on conviction on indictment to be without limit)—

• (a) at the beginning, insert “(1)";

• (b) for the words “section 8 of the Criminal Justice (Scotland) Act 1980" substitute the words “section 457A(4) of this Act";

• (c) after the word “fine” where first occurring insert the words “of or";

• (d) for the word “section" in the second and third places where it occurs substitute the words “subsection";

• (e) at the end, insert the following new subsection—

(2) Where any Act confers a power by subordinate instrument to make a person liable on conviction on indictment of any offence mentioned in subsection (1) above to a fine or a maximum fine of a specified amount, or which shall not exceed a specified amount, the fine which may be provided in the exercise of that power shall by virtue of this subsection be a fine of an unlimited amount.

18

In section 421(1) of the Criminal Procedure (Scotland) Act 1975 (recall to young offenders institution on reconviction)—

• (a) omit the words “in a";

• (b) for the words “an institution" substitute the word “detention".

19

In section 462(1) of that Act (interpretation), in the definition of “fine", after the word “penalty", insert the words “(but not a pecuniary forfeiture or pecuniary compensation)".

National Health Service (Scotland) Act 1978 (c. 29)

20

In paragraph 1(1) of Schedule 9 to the National Health Service (Scotland) Act 1978 (buying or selling goodwill of medical practice) omit the words from “not exceeding” where first occurring to “£500".

21

In paragraph 7 of Schedule 10 to that Act (penalties for contravention of provisions regarding control of maximum prices for medical supplies)—

• (a) in sub-paragraph (2)(a) for the words “£100" substitute the words “the statutory maximum";

• (b) in sub-paragraph (2)(b) omit the words “not exceeding £500"; and

• (c) sub-paragraph (3) is repealed.

Electricity (Scotland) Act 1979 (c. 11)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water (Scotland) Act 1980 (c. 45)

23

In section 38(6) of the Water (Scotland) Act 1980 (penalties for disclosure of information) in paragraph (a) for the words “£50" substitute the words “the statutory maximum".

24

In section 77 of that Act (obtaining supplies to meet drought)—

• (a) for paragraphs (i) and (ii) of subsection (8) substitute the words “to the penalties mentioned in subsection (9).";

• (b) after subsection (8) insert the following subsection—

(9) The penalties referred to in subsection (8) are— (a) in the case of an offence under paragraph (a) of that subsection— (i) on summary conviction, a fine not exceeding the statutory maximum; and (ii) on conviction on indictment, a fine; and (b) in the case of an offence under paragraph (b) of that subsection, a fine not exceeding level 3 on the standard scale.

.

25

In section 94(a) of that Act (penalties for false information) for the words “£50" substitute the words “the statutory maximum".

26

In section 95(a) of that Act (penalties for offences not otherwise provided for), for the words “£50" substitute the words “the statutory maximum".

27

In paragraph 10(3) of Schedule 4 to that Act (offences relating to construction of reservoirs)—

• (a) in sub-paragraph (i), for the words “£50 in respect of each such day" substitute the words “the statutory maximum"; and

• (b) in sub-paragraph (ii), omit the words “in respect of each such day".

28

In paragraph 37 of Schedule 4 to that Act (pollution of water by manufacture of gas, etc.), for the words “£50" substitute the words “the statutory maximum".

29

In paragraph 43 of Schedule 4 to that Act—

• (a) at the end of sub-paragraph (1) insert the words “but all such offences shall be triable only summarily."; and

• (b) at the end of the paragraph insert the following sub-paragraph—

(3) For the avoidance of doubt it is declared that conduct in respect of which a person is made liable to a fine by or under the provisions of this Schedule is an offence.

.

Criminal Justice (Scotland) Act 1980 (c. 62)

30

In section 55 of the Criminal Justice (Scotland) Act 1980 (disqualification and endorsement where orders for probation or for absolute discharge are made)—

• (a) after the word “subsection" insert the words “, which shall form subsection (8) of the said section 93 and subsection (9) of the said 4 section 101";

• (b) omit the word “(8)".

SCHEDULE 16

SCHEDULE 17

Young offenders

1

• (1) Where an offender has before the commencement of sections 1 to 15 above been committed for sentence to the Crown Court under section 37 of the Magistrates’ Courts Act 1980 but has not been dealt with by the Crown Court before the commencement of those sections, he shall be deemed to have been committed for sentence under section 37 of that Act as amended by this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

• (1) Subject to sub-paragraph (2) below, an order for detention in a detention centre for a term which has not expired at the commencement of sections 1 to 15 above shall be treated for all purposes of detention, release and supervision as if it had been made under section 4 above.

• (2) Where an order for detention of an offender in a detention centre was made before the comencement of sections 1 to 15 above and the term for which he was ordered to be so detained has not expired at the commencement of those sections, nothing in sub-paragraph (1) above shall prevent his detention in such a centre after that date.

3

• (1) Subject to sub-paragraph (2) below, where at the commencement of sections 1 to 15 above and offender is detained in a detention centre by reason of his having been recalled under paragraph 2 of Schedule 1 to the Criminal justice Act 1961 (recall for breach of supervision requirement), he shall be treated as if the order recalling him had been a detention centre order made on the same date for 30 days or, if the maximum period for which he was liable to recall was less than 30 days, for that period.

• (2) If at the commencement of sections 1 to 15 above an offender has been in custody by virtue of an order under the said paragraph 2 for 30 days or more, he shall be released on the commencement of those sections.

• (3) Nothing in this paragraph shall render an offender liable to a period of supervision on release from a detention centre additional to any such period to which he is liable by virtue of paragraph 1 of Schedule 1 to the Criminal Justice Act 1961 immediately before the commencement of sections 1 to 15 above.

4

An offender who was sentenced to Borstal training on a date before the commencement of sections 1 to 15 above and whose sentence has not expired at the commencement of those sections shall be treated for all purposes of detention, release and supervision as if his sentence had been a youth custody sentence for a term of 12 months.

5

• (1) A custodial order to which this sub-paragraph applies shall be treated as a youth custody sentence for all purposes of detention, release and supervision of the offender in respect of whom it was made.

• (2) Sub-paragraph (1) above applies to a custodial order specifying a maximum period of detention which has not expired at the commencement of sections 1 to 15 above—

• (a) if the maximum period of detention which it specifies is more than 4 months; or

• (b) if—

• (i) the maximum period is 4 months or less; and

• (ii) the offender is female.

• (3) A custodial order to which this sub-paragraph applies shall be treated as a detention centre order for all purposes of detention, release and supervision of the offender.

• (4) Sub-paragraph (3) above applies to a custodial order made in respect of a male offender and specifying a maximum period of detention of 4 months or less which has not expired at the commencement of sections 1 to 15 above.

• (5) In this paragraph “custodial order” means an order—

• (a) under section 71AA of the Army Act 1955, section 71AA of the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957; or

• (b) under paragraph 10 of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957.

6

• (1) Subject to sub-paragraph (3) below, where at the commencement of sections 1 to 15 above an offender is detained in a borstal institution by reason of his having been recalled under section 45(4) of the Prison Act 1952 (recall for breach of supervision requirement) he shall be treated as if the order recalling him had been a sentence of youth custody for a term of thirty days commencing from the date on which he was taken into custody.

• (2) Subject to sub-paragraph (3) below, where at the commencement of sections 1 to 15 above an offender is detained in a borstal institution by reason of his having been returned to such an institution under section 12 of the Criminal Justice Act 1961 (return to borstal institution on re-conviction), he shall be treated as if the order returning him to the institution had been an order made on the same date sentencing him to youth custody for a term of thirty days.

• (3) If at the commencement of sections 1 to 15 above an offender has been in custody by virtue of an order referred to in sub-paragraph (1) or (2) above for thirty days or more, he shall be released on the commencement of those sections.

• (4) Nothing in this paragraph shall render an offender who is released after being detained by virtue of an order referred to in sub-paragraph (1) or (2) above liable to a period of supervision additional to any such period to which he was liable by virtue of section 45 of the Prison Act 1952 immediately before the commencement of sections 1 to 15 above.

7

• (1) This paragraph applies to any offender who at the commencement of sections 1 to 15 above is serving a sentence of imprisonment which was passed on him when he was under 21 years of age.

• (2) The Secretary of State may from time to time direct that an offender to whom this paragraph applies is to be detained—

• (a) in a youth custody centre; or

• (b) in a remand centre.

• (3) An offender to whom this paragraph applies shall be treated for the purposes of release and supervision as if he had been sentenced on the date when the sentence of imprisonment was imposed to an equal term of youth custody.

8

Where at the commencement of sections 1 to 15 above an offender is serving a sentence of life imprisonment which was passed on him while he was under 21 years of age, he shall be treated for all purposes as if he had been sentenced to custody for life on the date when the sentence of life imprisonment was imposed.

9

Rules under section 47 of the Prison Act 1952 may provide that any awards for an offence against discipline made before the commencement of sections 1 to 15 above shall continue to have effect, subject to such modifications as the Secretary of State may consider appropriate in relation to any particuar description of award.

10

• (1) Where under section 23(1)(a) or (b) of the Powers of Criminal Courts Act 1973 a court orders that a suspended sentence shall take effect and the offender has not attained the age of 21 at the time when the order is made, the order shall be treated for all purposes as a detention centre order or a youth custody sentence.

• (2) The question whether an order under sub-paragraph (1) above is to be treated as a detention centre or a youth custody sentence shall be determined—

• (a) by reference to the length of the term which the offender is required to serve under that order; or

• (b) where the offender is subject to any other term with which that term is wholly or partly concurrent or upon which that term is ordered under section 23(2) of the Powers of Criminal Courts Act 1973 to run consecutively, by reference to the total length of the term which he is required to serve.

• (3) Sections 1 to 15 above shall have effect for the purposes of this paragraph as they have effect when an offender falls to be sentenced for an offence.

11

A person who immediately before the commencement of sections 1 to 15 above is under supervision by virtue of paragraph 1 of Schedule 1 to the Criminal Justice Act 1961 (supervision of a person released from a detention centre) shall be treated—

• (a) as if he were under supervision by virtue of section 15 above; and

• (b) as if the requirements specified in the notice given to him under that paragraph had been specified in a notice given under subsection (10) of that section;

and the supervision period for the purposes of that section shall end at the end of the period of three months from his release or on the commencement of sections 1 to 15 above, whichever is the later.

12

A person who immediately before the commencement of sections 1 to 15 above is subject to supervision by virtue of section 45 of the Prison Act 1952 (supervision of a person released from a Borstal institution) shall be treated—

• (a) as if he were under supervision by virtue of section 15 above; and

• (b) as if the requirements specified in the notice given to him under section 45(3) of the Prison Act 1952 had been specified in a notice given under section 15(10) above;

and the supervision period for the purposes of that section shall end at the end of the period of twelve months from the date he was sentenced to borstal training or on the commencement of sections 1 to 15 above, whichever is the later.

13

A person who immediately before the commencement of sections 1 to 15 above is subject to a licence under section 60(3)(b) of the Criminal Justice Act 1967 (release on licence of a person serving a sentence of imprisonment for a term of 18 months or more who was under the age of 21 when the sentence was passed) or is subject to supervision by virtue of section 63(1) of that Act (supervision of a person released from prison after serving a sentence of imprisonment for a term of less than 18 months who was under the age of 21 when the sentence was passed) shall be treated—

• (a) as if he were under supervision by virtue of section 15 above; and

• (b) as if the conditions specified in the licence or, as the case may be, the requirements specified in the notice given to him under paragraph 1 of Schedule 1 to the Criminal Justice Act 1961, had been specified in a notice given under section 15(10) above.

14

• (1) Where—

• (a) a person has been released from prison, a Borstal institution or a detention centre before the commencement of sections 1 to 15 above; and

• (b) he is subject to supervision or to a licence, by virtue of any of the enactments specified in sub-paragrah (2) below; and

• (c) the Secretary of State has recalled him by virtue of any of the enactments specified in sub-paragraph (3) below but he is not yet in custody in consequence of his recall at the commencement of sections 1 to 15 above.

he shall be detained—

• (i) in a prison or a youth custody centre as the Secretary of State may direct, if he was recalled to prison;

• (ii) in a youth custody centre, if he was recalled to a borstal institution; and

• (iii) in a detention centre, if he was recalled to such a centre.

for a period of 30 days or for the maximum period for which he was liable to be recalled, whichever is the shorter.

• (2) The enactments referred to in sub-paragraph (1)(b) above are—

• (a) section 45(1) of the Prison Act 1952 (supervision of a person released from a Borstal institution);

• (b) paragraph 1 of Schedule 1 to the Criminal Justice Act 1961 (supervision of a person released from a detention centre);

• (c) section 60(3)(b) of the Criminal Justice Act 1967 (release on licence of a person serving a sentence of imprisonment for a term of 18 months or more who was under the age of 21 when the sentence was passed); and

• (d) section 63 of that Act (supervision of a person serving a sentence of imprisonment for a term of less than 18 months who was under the age of 21 when the sentence was passed).

• (3) The enactments referred to in sub-paragraph (1)(c) above are—

• (a) section 45(4) of the Prison Act 1952 (recall of persons supervised under that section);

• (b) paragraph 2 of Schedule 1 to the Criminal Justice Act 1961 (recall of persons released under that Schedule and under section 63 of the Criminal Justice Act 1967); and

• (c) section 62(1) of the Criminal Justice Act 1967 (recall of persons released under section 60 or 61 of that Act).

• (4) Detention under sub-paragraph (1) above does not prejudice the continuation of the supervision period to which a person is subject by virtue of paragraph 11, 12 or 13 above.

15

Until the commencement of sections 1 to 15 above, if a person—

• (a) is serving a sentence of imprisonment for a term of 18 months or more who was under the age of 21 when the sentence was passed; and

• (b) is to be released from prison in pursuance of an order under section 32 above,

his release shall be a release on licence under section 60 of the Criminal Justice Act 1967, irrespective of whether at the time of his release he could have been released on licence under that section by virtue of subsection (3) thereof.

Probation

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fines

18

Any provision of Schedule 15 to this Act which alters the penalty for any offence shall not affect the penalty for an offence committed before that provision comes into force.

General restriction on custodial sentences.

1A

1B

1C

Prison sentence partly served and partly suspended.

Power to alter certain fines and other sums.

Legal representation in case of committal on written statements.

DRUG TRAFFICKING OFFENCES ACT 1986 (c. 32)

25A. Section 23A (acquisition, possession or use of proceeds of drug trafficking).

PUBLIC ORDER ACT 1986

CRIMINAL JUSTICE ACT 1988 (c.33)

THE ROAD TRAFFIC ACT 1988 (c.52)

Section 3A (causing death by careless driving when under the influence of drink or drugs).

CRIMINAL JUSTICE (INTERNATIONAL COOPERATION) ACT 1990 (c. 31)

AVIATION AND MARITIME SECURITY ACT 1990 (c. 31)

CHANNEL TUNNEL (SECURITY) ORDER 1994 No.570

DRUG TRAFFICKING ACT 1994

PROCEEDS OF CRIME ACT 2002

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making an amendment of community service orders relating to persons residing in England and Wales

Public Health (Scotland) Act 1897 (c. 38)

Criminal Justice (Scotland)Act 1980 (c. 62)

Editorial notes