Criminal Justice Act 2003
- (4) In the entry relating to section 20(2) of that Act (trespassing with firearm), in the fourth column, for “3 months” there is substituted
51 weeks. .
- (5) In the entry relating to section 22(1A) of that Act (acquisition and possession of firearms by minors), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”
- (6) In the entry relating to section 25 of that Act (supplying firearm to person drunk or insane), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”
- (7) In the entry relating to section 32C(6) of that Act (variation endorsement etc. of European documents), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”
- (8) In the entry relating to section 42A of that Act (information as to transactions under visitors' permits), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”
- (9) In the entry relating to section 47(2) of that Act (powers of constables to stop and search), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”
- (10) In the entry relating to section 49(3) of that Act (police powers in relation to arms traffic), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
21
In section 7 of the Agriculture (Miscellaneous Provisions) Act 1968 (punishment of offences under Part 1), in subsection (1), for “three months” there is substituted
51 weeks .
Agriculture Act 1970 (c. 40)
22
- (1) The Agriculture Act 1970 is amended as follows.
- (2) In section 68 (duty to give statutory statement), in subsection (4), for “three months” there is substituted
51 weeks .
- (3) In section 69 (marking of material prepared for sale), in subsection (4), for “three months” there is substituted
51 weeks .
- (4) In section 70 (use of names or expressions with prescribed meanings), in subsection (2), for “three months” there is substituted
51 weeks .
- (5) In section 71 (particulars to be given of attributes if claimed to be present), in subsection (2), for “three months” there is substituted
51 weeks .
- (6) In section 73 (deleterious ingredients in feeding stuff), in subsection (4), for “three months” there is substituted
51 weeks .
- (7) In section 73A (unwholesome feeding stuff), in subsection (4), for “three months” there is substituted
51 weeks .
- (8) In section 74A (regulations controlling the contents of feeding stuff), in subsection (3), for “three months” there is substituted
51 weeks .
- (9) In section 79 (supplementary provision relating to samples and analysis), in subsection (10), for “three months” there is substituted
51 weeks .
- (10) In section 83 (exercise of powers by inspectors), in subsection (3), for “three months” there is substituted
51 weeks .
- (11) In section 106 (eradication of brucellosis), in subsection (7), for “three months” there is substituted
51 weeks .
Slaughterhouses Act 1974 (c. 3)
23
- (1) The Slaughterhouses Act 1974 is amended as follows.
- (2) In section 20 (wrongful disclosure of information), in subsection (4), for “three months” there is substituted
51 weeks .
- (3) In section 21 (obstruction), in subsection (1), for “one month” there is substituted
51 weeks .
- (4) In section 23 (prosecution and punishment of offences), in subsection (2)(a), for “three months” there is substituted
51 weeks .
Criminal Law Act 1977 (c. 45)
24
In section 8 of the Criminal Law Act 1977 (trespassing with a weapon of offence), in subsection (3), for “three months” there is substituted
51 weeks .
Refuse Disposal (Amenity) Act 1978 (c. 3)
25
In section 2 of the Refuse Disposal (Amenity) Act 1978 (penalty for unauthorised dumping), in subsection (1), for “three months” there is substituted
51 weeks .
Customs and Excise Management Act 1979 (c. 2)
26
- (1) The Customs and Excise Management Act 1979 is amended as follows.
- (2) In section 21 (control of movement of aircraft), in subsection (6), for “3 months” there is substituted
51 weeks .
- (3) In section 33 (power to inspect aircraft etc.), in subsection (4), for “3 months” there is substituted
51 weeks .
- (4) In section 34 (power to prevent flight of aircraft)—
- (a) in subsection (2), and
- (b) in subsection (3),
for “3 months” there is substituted
51 weeks .
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
27
In section 2 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (penalty for non-compliance with an exclusion order), in subsection (1), for “one month” there is substituted “ 51 weeks ”.
Criminal Attempts Act 1981 (c. 47)
28
In section 9 of the Criminal Attempts Act 1981 (interference with vehicles), in subsection (3), for “three months” there is substituted
51 weeks .
British Nationality Act 1981 (c. 61)
29
In section 46 of the British Nationality Act 1981 (offences and proceedings), in subsection (1) for “three months” there is substituted
51 weeks .
Civil Aviation Act 1982 (c. 16)
30
- (1) The Civil Aviation Act 1982 is amended as follows.
- (2) In section 44 (offences relating to the power to obtain rights over land), in subsection (10), for “three months” there is substituted “ 51 weeks ”
- (3) In section 75 (investigation of accidents), in subsection (5), for “three months” there is substituted “ 51 weeks ”
Anatomy Act 1984 (c. 14)
31
In section 11 of the Anatomy Act 1984 (offences), in subsection (6), for “3 months” there is substituted
51 weeks .
Public Health (Control of Disease) Act 1984 (c. 22)
32
- (1) The Public Health (Control of Disease) Act 1984 is amended as follows.
- (2) In section 29 (letting of house after recent case of notifiable disease), in subsection (1), for “one month” there is substituted
51 weeks .
- (3) In section 30 (duty on ceasing to occupy house after recent case of notifiable disease), in subsection (1), for “one month” there is substituted
51 weeks .
- (4) In section 62 (powers of entry), in subsection (3), for “3 months” there is substituted
51 weeks .
County Courts Act 1984 (c. 28)
33
- (1) The County Courts Act 1984 is amended as follows.
- (2) In section 14 (penalty for assaulting officers), in subsection (1)(a), for “3 months” there is substituted
51 weeks .
- (3) In section 92 (penalty for rescuing goods seized), in subsection (1)(a), for “one month” there is substituted
51 weeks.
Animal Health and Welfare Act 1984 (c. 40)
34
In section 10 of the Animal Health and Welfare Act 1984 (artificial breeding of livestock), in subsection (6), for “three months” there is substituted
51 weeks .
Police and Criminal Evidence Act 1984 (c. 60)
35
In section 63C of the Police and Criminal Evidence Act 1984 (testing for presence of drugs), in subsection (1), for “three months” there is substituted
51 weeks .
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)
36
In section 8 of the Sporting Events (Control of Alcohol etc.) Act 1985 (penalties for offences), in paragraph (b), for “three months” there is substituted
51 weeks .
Public Order Act 1986 (c. 64)
37
- (1) The Public Order Act 1986 is amended as follows.
- (2) In section 12 (imposing conditions on public processions)—
- (a) in subsection (8), and
- (b) in subsection (10),
for “3 months” there is substituted
51 weeks .
- (3) In section 13 (prohibiting public processions)—
- (a) in subsection (11), and
- (b) in subsection (13),
for “3 months” there is substituted
51 weeks .
- (4) In section 14 (imposing conditions on public assemblies)—
- (a) in subsection (8), and
- (b) in subsection (10),
for “3 months” there is substituted
51 weeks .
- (5) In section 14B (offences in connection with trespassory assemblies and arrest therefor)—
- (a) in subsection (5), and
- (b) in subsection (7),
for “3 months” there is substituted
51 weeks .
Road Traffic Offenders Act 1988 (c. 53)
38
- (1) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offenders) is amended as follows.
- (2) In the entry relating to section 4(2) of the Road Traffic Act 1988 (driving, or being in charge, when under the influence of drink or drugs), in column 4, for “3 months” there is substituted
51 weeks .
- (3) In the entry relating to section 5(1)(b) of that Act (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit), in column 4, for “3 months” there is substituted
51 weeks .
- (4) In the entry relating to section 7 of that Act (provision of specimens for analysis), in column 4, for “3 months” there is substituted
51 weeks .
- (5) In the entry relating to section 7A of that Act (failing to allow specimen to be subjected to analysis), in column 4, for “3 months” there is substituted
51 weeks .
Official Secrets Act 1989 (c. 6)
39
In section 10 of the Official Secrets Act 1989 (penalties), in subsection (2), for “three months” there is substituted
51 weeks .
Human Organ Transplants Act 1989 (c. 31)
40
In section 1 of the Human Organ Transplants Act 1989 (prohibition of commercial dealings in human organs), in subsection (5), for “three months” there is substituted
51 weeks .
Football Spectators Act 1989 (c. 37)
41
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Food Safety Act 1990 (c. 16)
42
In section 35 of the Food Safety Act 1990 (punishment of offences), in subsection (1), for “three months” there is substituted
51 weeks .
Deer Act 1991 (c. 54)
43
In section 9 of the Deer Act 1991 (penalties for offences relating to deer), in subsection (1), for “three months” there is substituted
51 weeks .
Social Security Administration Act 1992 (c. 5)
44
In section 112 of the Social Security Administration Act 1992 (false representations for obtaining benefit etc.), in subsection (2), for “3 months” there is substituted
51 weeks .
Criminal Justice and Public Order Act 1994 (c. 33)
45
- (1) The Criminal Justice and Public Order Act 1994 is amended as follows.
- (2) In section 60 (failing to stop), in subsection (8), for “one month” there is substituted “ 51 weeks ”.
- (3) In section 60AA (powers to require removal of disguises), in subsection (7), for “one month” there is substituted “ 51 weeks ”.
- (4) In section 61 (power to remove trespasser on land), in subsection (4), for “three months” there is substituted “ 51 weeks ”.
- (5) In section 62B (failure to comply with direction under section 62A: offences), in subsection (3), for “3 months” there is substituted “ 51 weeks ”.
- (6) In section 63 (powers to remove persons attending or preparing for a rave), in subsections (6) and (7B), for “three months” there is substituted “ 51 weeks ”.
- (7) In section 68 (offence of aggravated trespass), in subsection (3), for “three months” there is substituted “ 51 weeks ”.
- (8) In section 69 (powers to remove persons committing or participating in aggravated trespass), in subsection (3), for “three months” there is substituted “ 51 weeks ”.
London Local Authorities Act 1995 (c. x)
46
In section 24 of the London Local Authorities Act 1995 (enforcement), in subsection (1), for “three months” there is substituted
51 weeks .
Police Act 1996 (c. 16)
47
In section 89 of the Police Act 1996 (assaults on constables etc.), in subsection (2), for “one month” there is substituted
51 weeks .
Treasure Act 1996 (c. 24)
48
In section 8 of the Treasure Act 1996 (duty of finder of treasure to notify coroner), in subsection (3)(a), for “three months” there is substituted
51 weeks .
Education Act 1996 (c. 56)
49
- (1) The Education Act 1996 is amended as follows.
- (2) In section 444 (failure to secure regular attendance at school), in subsection (8A)(b), for “three months” there is substituted
51 weeks .
- (3) In section 559 (prohibition or restriction on employment of children), in subsection (4)(b), for “one month” there is substituted
51 weeks .
Government of Wales Act 1998 (c. 38)
50
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Access to Justice Act 1999 (c. 22)
51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Greater London Authority Act 1999 (c. 29)
52
In section 64 of the Greater London Authority Act 1999 (failure to attend proceedings etc), in subsection (2)(b), for “three months” there is substituted
51 weeks .
Immigration and Asylum Act 1999 (c. 33)
53
- (1) The Immigration and Asylum Act 1999 is amended as follows.
- (2) In section 105 (false representation), in subsection (2), for “three months” there is substituted
51 weeks .
- (3) In section 108 (failure of sponsor to maintain), in subsection (2), for “3 months” there is substituted
51 weeks .
Financial Services and Markets Act 2000 (c. 8)
54
- (1) The Financial Services and Markets Act 2000 is amended as follows.
- (2) In section 177 (offences), in subsection (6), for “three months” there is substituted
51 weeks .
- (3) In section 352 (offences), in subsection (5), for “three months” there is substituted
51 weeks .
Terrorism Act 2000 (c. 11)
55
- (1) The Terrorism Act 2000 is amended as follows.
- (2) In section 36 (police powers), in subsection (4)(a), for “three months” there is substituted
51 weeks .
- (3) In section 51 (offences in relation to parking), in subsection (6)(a), for “three months” there is substituted
51 weeks .
- (4) In Schedule 5 (terrorist investigations: information)—
- (a) in paragraph 3(8)(a), and
- (b) in paragraph 15(5)(a),
for “three months” there is substituted
51 weeks .
- (5) In Schedule 7 (ports and border controls), in paragraph 18(2)(a), for “three months” there is substituted
51 weeks .
Criminal Justice and Police Act 2001 (c. 16)
56
- (1) The Criminal Justice and Police Act 2001 is amended as follows.
- (2) In section 25 (enforcement of closure orders)—
- (a) in subsection (3)(a), for “one month” there is substituted “ 51 weeks ”, and
- (b) in subsections (4) and (5), for “three months” there is substituted “ 51 weeks ”.
- (3) In section 42 (prevention of intimidation), in subsection (7), for “three months” there is substituted “ 51 weeks ”.
Police Reform Act 2002 (c. 30)
57
In section 46 of the Police Reform Act 2002 (offences against designated and accredited persons etc.), in subsection (2), for “one month” there is substituted
51 weeks .
Nationality, Immigration and Asylum Act 2002 (c. 41)
58
In section 137 of the Nationality, Immigration and Asylum Act 2002 (offences relating to the disclosure of information), in subsection (2)(a), for “three months” there is substituted “ 51 weeks ”.
Anti-social Behaviour Act 2003 (c. 38)
59
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 27
Plant Health Act 1967 (c. 8)
1
- (1) Section 3 of the Plant Health Act 1967 (control of spread of pests in Great Britain) is amended as follows.
- (2) In subsection (4A), for “three months” there is substituted “ the prescribed term ”.
- (3) After that subsection there is inserted—
(4B) In subsection (4A) above, “the prescribed term” means— (a) in relation to England and Wales, 51 weeks; (b) in relation to Scotland, three months.
Agriculture Act 1967 (c. 22)
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
European Communities Act 1972 (c. 68)
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Slaughterhouses Act 1974 (c. 3)
4
In section 38(5) of the Slaughterhouses Act 1974 (maximum penalties to be prescribed by regulations), the words “or imprisonment for a term of three months or both” are omitted.
Anatomy Act 1984 (c. 14)
5
- (1) Section 11 of the Anatomy Act 1984 (offences) is amended as follows.
- (2) In subsection (7), for “3 months” there is substituted “ the prescribed term ”.
- (3) After that subsection there is inserted—
(7A) In subsection (7), “the prescribed term” means— (a) in relation to England and Wales, 51 weeks; (b) in relation to Scotland, 3 months.
Environmental Protection Act 1990 (c. 43)
6
- (1) Section 141 of the Environmental Protection Act 1990 (power to prohibit or restrict the importation or exportation of waste) is amended as follows.
- (2) In paragraph (g) of subsection (5), for “six months” there is substituted “ the prescribed term ”.
- (3) After that subsection there is inserted—
(5A) In subsection (5)(g), “the prescribed term” means— (a) in relation to England and Wales, where the offence is a summary offence, 51 weeks; (b) in relation to England and Wales, where the offence is triable either way, twelve months; (c) in relation to Scotland and Northern Ireland, six months.
Scotland Act 1998 (c. 46)
7
- (1) Section 113 of the Scotland Act 1998 (subordinate legislation: scope of powers) is amended as follows.
- (2) In paragraph (a) of subsection (10), for “three months” there is substituted “ the prescribed term ”.
- (3) After that subsection there is inserted—
(10A) In subsection (10)(a), “the prescribed term” means— (a) in relation to England and Wales, where the offence is a summary offence, 51 weeks; (b) in relation to England and Wales, where the offence is triable either way, twelve months; (c) in relation to ... Northern Ireland, three months.
Regulatory Reform Act 2001 (c. 6)
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 28
Misuse of Drugs Act 1971 (c. 38)
1
- (1) Schedule 4 to the Misuse of Drugs Act 1971 (prosecution and punishment of offences) is amended as follows.
- (2) In column 6 of that Schedule (punishments for offences under that Act committed in relation to Class C drugs), in each of the following entries, for “5 years” there is substituted “ 14 years ”.
- (3) Those entries are the entries relating to the punishment, on conviction on indictment, of offences under the following provisions of that Act—
- (a) section 4(2) (production, or being concerned in the production, of a controlled drug),
- (b) section 4(3) (supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another),
- (c) section 5(3) (having possession of a controlled drug with intent to supply it to another),
- (d) section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there),
- (e) section 12(6) (contravention of direction prohibiting practitioner etc from possessing, supplying etc controlled drugs), and
- (f) section 13(3) (contravention of direction prohibiting practitioner etc from prescribing, supplying etc controlled drugs).
Customs and Excise Management Act 1979 (c. 2)
2
In Schedule 1 to the Customs and Excise Management Act 1979 (controlled drugs: variation of punishments for certain offences under that Act), in paragraph 2(c) (punishment on conviction on indictment of offences under that Act committed in relation to Class C drugs), for “5 years” there is substituted “ 14 years ”.
Criminal Justice (International Co-operation) Act 1990 (c. 5)
3
In section 19 of the Criminal Justice (International Co-operation) Act 1990 (ships used for illicit traffic), in subsection (4)(c)(ii) (punishment on conviction on indictment of offences under that section committed in relation to Class C drugs), for “five years” there is substituted “ fourteen years ”.
SCHEDULE 29
1
The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) is amended as follows.
2
In Article 2(2) (interpretation) after the definition of “firearms dealer” there is inserted—
“handgun” means any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, other than an air weapon, a muzzle-loading gun or a firearm designed as signalling apparatus;
.
3
In Article 3(1) (requirement of firearm certificate) for sub-paragraph (a) there is substituted—
(aa) has in his possession, or purchases or acquires, a handgun without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate; (ab) has in his possession, or purchases or acquires, any firearm, other than a handgun, without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate; or
.
4
After Article 52 of that Order there is inserted—
(52A) (1) This Article applies where— (a) an individual is convicted of— (i) an offence under Article 3(1)(aa), (ii) an offence under Article 6(1)(a), (ab), (ac), (ad), (ae) or (c), or (iii) an offence under Article 6(1A)(a), and (b) the offence was committed after the commencement of this Article and at a time when he was aged 16 or over. (2) The court shall— (a) in the case of an offence under Article 3(1)(aa) committed by a person who was aged 21 or over when he committed the offence, impose a sentence of imprisonment for a term of five years (with or without a fine), and (b) in any other case, impose an appropriate custodial sentence for a term of at least the required minimum term (with or without a fine) unless (in any of those cases) the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so. (3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Article to have been committed on the last of those days. (4) In this Article— - “appropriate custodial sentence” means— 1. in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment, and 2. in the case of an offender who is aged under 21 at that time, a sentence of detention under section 5(1) of the Treatment of Offenders Act (Northern Ireland) 1968; - “the required minimum term” means— 1. in the case of an offender who was aged 21 or over when he committed the offence, five years, and 2. in the case of an offender who was aged under 21 at that time, three years.
5
After Article 52A there is inserted—
(52B) (1) The Secretary of State may by order— (a) amend Article 52A(1)(b) by substituting for the word “16” the word “18”, and (b) make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (a). (2) The provision that may be made by virtue of paragraph (1)(b) includes, in particular, provision amending or repealing any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 (whenever passed or made). (3) An order under paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
6
- (1) Schedule 2 (table of punishments) is amended as follows.
- (2) For the entry relating to offences under Article 3(1) (purchase, acquisition or possession of firearm or ammunition without firearm certificate) there is substituted—
| Article 3(1)(aa) | Purchase, acquisition or possession of handgun without firearm certificate | Indictment | 10 years or a fine, or both |
|---|---|---|---|
| Article 3(1)(ab) | Purchase, acquisition or possession without firearm certificate of firearm other than handgun | (a) Summary(b) Indictment | 1 year or a fine of the statutory maximum, or both5 years or a fine, or both |
| Article 3(1)(b) | Purchase, acquisition or possession of ammunition without firearm certificate | (a) Summary(b) Indictment | 1 year or a fine of the statutory maximum, or both5 years or a fine, or both |
.
- (3) For the entries relating to offences under Article 6(1) (manufacture, dealing in or possession of prohibited weapons) and Article 6(1A) (possession of or dealing in other prohibited weapons) there is substituted—
| Article 6(1)(a), (ab), (ac), (ad), (ae) and (c) | Manufacture, dealing in or possession of prohibited weapons. | Indictment | 10 years or a fine, or both |
|---|---|---|---|
| Article 6(1)(b) | Manfacture, dealing in or possession of prohibited weapon designed for discharge of noxious liquid etc. | (a) Summary(b) Indictment | 1 year or a fine of the statutory maximum, or both10 years or a fine, or both |
| Article 6 (1A)(a) | Possession of or dealing in firearm disguised as other object | Indictment | 10 years or a fine, or both |
| Article 6(1A)(b), (c), (d), (e), (f) or (g) | Possession of or dealing in other prohibited weapons | (a) Summary(b) Indictment | 6 months or a fine of the statutory maximum, or both10 years or a fine, or both |
.
SCHEDULE 30
1
The Criminal Justice and Court Services Act 2000 (c. 43) is amended as follows.
2
After section 29 there is inserted—
(29A) (1) This section applies where— (a) an individual is convicted of an offence against a child (whether or not committed when he was aged 18 or over), (b) the individual is sentenced by a senior court, and (c) no qualifying sentence is imposed in respect of the conviction. (2) If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it may order the individual to be disqualified from working with children. (3) If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings. (29B) (1) Where— (a) section 28 applies but the court has neither made an order under that section nor complied with subsection (6) of that section, or (b) section 29 applies but the court has not made an order under that section, and it appears to the prosecutor that the court has not considered the making of an order under that section, the prosecutor may at any time apply to that court for an order under section 28 or 29. (2) Subject to subsection (3), on an application under subsection (1)— (a) in a case falling within subsection (1)(a), the court— (i) must make an order under section 28 unless it is satisfied as mentioned in subsection (5) of that section, and (ii) if it does not make an order under that section, must comply with subsection (6) of that section, (b) in a case falling within subsection (1)(b), the court— (i) must make an order under section 29 if it is satisfied as mentioned in subsection (4) of that section, and (ii) if it does so, must comply with subsection (5) of that section. (3) Subsection (2) does not enable or require an order under section 28 or 29 to be made where the court is satisfied that it had considered the making of an order under that section at the time when it imposed the qualifying sentence or made the relevant order.
3
- (1) Section 30 (supplemental provisions) is amended as follows.
- (2) In the heading for “and 29” there is substituted “ to 29B ”.
- (3) In subsection (1)—
- (a) for “and 29” there is substituted “ to 29B ”, and
- (b) in the definition of “qualifying sentence”, after paragraph (d) there is inserted—
(dd) a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003,
.
- (4) In subsection (5)—
- (a) in paragraph (a), for “or 29” there is substituted “ , 29 or 29A ”,
- (b) after paragraph (b) there is inserted—
(c) in relation to an individual to whom section 29A applies and on whom a sentence has been passed, references to his sentence are to that sentence.
4
In section 31 (appeals), in subsection (1), after paragraph (b) there is inserted—
(c) where an order is made under section 29A, as if the order were a sentence passed on him for the offence of which he has been convicted.
5
- (1) Section 33 (conditions for application under section 32) is amended as follows.
- (2) In subsection (6), after paragraph (d) there is inserted—
(e) in relation to an individual not falling within any of paragraphs (a) to (d), the day on which the disqualification order is made.
.
- (3) For subsection (8) there is substituted—
(8) In subsection (7) “detention” means detention (or detention and training)— (a) under any sentence or order falling within paragraphs (b) to (f) of the definition of “qualifying sentence” in section 30(1), or (b) under any sentence or order which would fall within those paragraphs if it were for a term or period of 12 months or more.
.
SCHEDULE 31
General
1
Any reference to the offender is, in relation to a default order, to be read as a reference to the person in default.
Unpaid work requirement
2
- (1) In its application to a default order, paragraph 2 of Schedule 9 to the Sentencing Code (unpaid work requirement) is modified as follows.
- (2) In sub-paragraph (1)(b), for sub-paragraphs (i) and (ii) there is substituted—
(i) not less than 20 hours, and (ii) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
| Amount | Number of Hours |
|---|---|
| An amount not exceeding £200 | 40 hours |
| An amount exceeding £200 but not exceeding £500 | 60 hours |
| An amount exceeding £500 | 100 hours |
;
- (3) Sub-paragraphs (3) and (4) are omitted.
Curfew requirement
3
- (1) In its application to a default order, paragraph 9 of Schedule 9 to the Sentencing Code (curfew requirement) is modified as follows.
- (1A) Any reference to an offence of which the offender was convicted before, on or after a day is to be read as a reference to a default made by a person before, on or after that day.
- (2) After sub-paragraph (4A) there is inserted—
(4B) In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.
| Amount | Number of days |
|---|---|
| An amount not exceeding £200 | 20 days |
| An amount exceeding £200 but not exceeding £500 | 30 days |
| An amount exceeding £500 but not exceeding £1,000 | 60 days |
| An amount exceeding £1,000 but not exceeding £2,500 | 90 days |
| An amount exceeding £2,500 | 180 days |
Enforcement, revocation and amendment of default order
4
- (1) In its application to a default order,Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order)is modified as follows.
- (2) Any reference to the offence in respect of which the community order was made is to be taken to be a reference to the default in respect of which the default order was made.
- (3) Any power of the court to revoke the community orderand re-sentence the offenderfor the offence is to be taken to be a power to revoke the default order and deal with him in any way in which the court which made the default order could deal with him for his default in paying the sum in question.
- (4) Inparagraph 5the reference to the Crown Court is to be taken as a reference to a magistrates' court.
- (4A) Forparagraphs 16 and 17there is substituted—
(16) (1) This paragraph applies where, at any time while a default order is in force in respect of a person, the appropriate court is satisfied that the person proposes to change, or has changed, residence from the local justice area concerned to another local justice area (“the new local justice area”). (2) The appropriate court may amend the default order to specify the new local justice area. (3) In this paragraph “the appropriate court” means a magistrates’ court acting in the local justice area specified in the order.
- (5) The following provisions are omitted—
- (a) paragraph 10(5)(d) (in relation to any time after the coming into force of paragraph 21(2) of Schedule 22 to the Sentencing Act 2020);
- (b) paragraph 10(11);
- (c) paragraph 14(8);
- (d) paragraph 16(3) (in relation to any time after the coming into force of paragraph 23 of Schedule 22 to that Act);
- (e) paragraph 23(6);
- (f) paragraph 25(2)(b).
Power to alter amount of money or number of hours or days
5
The Secretary of State may by order amend paragraph 2 , 3 or 3A by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.
Transfer of default orders to Scotland or Northern Ireland
6
In its application to a default order, Schedule 11 to the Sentencing Code (transfer of community orders to Scotland or Northern Ireland) is modified as follows.
7
After paragraph 20 there is inserted—
(20A) Nothing in paragraph 20 affects the application of section 300(7) of the Criminal Justice Act 2003 to a default order made or amended in accordance with Part 1 or 2.
8
In paragraph 21, after sub-paragraph (5) there is inserted—
(5A) The home court may not impose a fine on the offender.
SCHEDULE 32
Part 1 — General
Piracy Act 1837 (c. 88)
1
Section 3 of the Piracy Act 1837 (punishment for offence under certain repealed Acts relating to piracy) shall cease to have effect.
Children and Young Persons Act 1933 (c. 12)
2
- (1) Section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which young persons are concerned) is amended as follows.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In subsection (11)—
- (a) in the definition of “sexual offence”, for “has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ means an offence listed in Part 2 of Schedule 15 to the Criminal Justice Act 2003 ”, and
- (b) in the definition of “violent offence, for “has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ means an offence listed in Part 1 of Schedule 15 to the Criminal Justice Act 2003 ”.
Prison Act 1952 (c. 52)
3
In section 53 of the Prison Act 1952 (interpretation), for “section 62 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ section 221 of the Criminal Justice Act 2003 ”.
Criminal Justice Act 1967 (c. 80)
4
The Criminal Justice Act 1967 is amended as follows.
5
In section 32 (amendments of Costs in Criminal Cases Act 1952), in subsection (3)(a), for “make an order under paragraph 5 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000 (probation orders requiring treatment for mental condition) or” there is substituted “ include in a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) a mental health requirement under section 207 of that Act or make an order under ”.
6
In section 104 (general provisions as to interpretation)_
- (a) in subsection (1), the definition of “suspended sentence” is omitted, and
- (b) subsection (2) is omitted.
Criminal Appeal Act 1968 (c. 19)
7
The Criminal Appeal Act 1968 is amended as follows.
8
- (1) Section 10 (appeal against sentence in cases dealt with by Crown Court otherwise than on conviction on indictment) is amended as follows.
- (2) In subsection (2) —
- (a) in paragraph (b), for “or a community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ a youth community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 or a community order within the meaning of Part 12 of the Criminal Justice Act 2003 ”, and
- (b) paragraph (c) and the word “or” immediately preceding it are omitted.
9
In section 11 (supplementary provisions as to appeal against sentence), subsection (4) is omitted.
10
In Schedule 2 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for the words from the beginning to “apply” there is substituted “ Section 240 of the Criminal Justice Act 2003 (crediting of periods of remand in custody: terms of imprisonment and detention) shall apply ”.
Firearms Act 1968 (c. 27)
11
The Firearms Act 1968 is amended as follows.
12
- (1) Section 21 (possession of firearms by persons previously convicted of crime) is amended as follows.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) In subsection (3)(b), for “probation order” there is substituted “ community order ”.
- (5) After subsection (3) there is inserted—
(3ZA) In subsection (3)(b) above, “community order” means— (a) a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England and Wales, or (b) a probation order made in Scotland.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
- (1) Section 52 (forfeiture and disposal of firearms; cancellation of certificate by convicting court) is amended as follows.
- (2) In subsection (1)(c), for “probation order” there is substituted “ community order ”.
- (3) After subsection (1) there is inserted —
(1A) In subsection (1)(c) “community order” means— (a) a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England and Wales, or (b) a probation order made in Scotland.
Social Work (Scotland) Act 1968 (c. 49)
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1969 (c. 54)
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Immigration Act 1971 (c. 77)
16
In section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), in subsection (4), for “section 67 of the Criminal Justice Act 1967” there is substituted “ section 240 of the Criminal Justice Act 2003 ”.
Thames Barrier and Flood Prevention Act 1972 (c. xiv)
17
In section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders for carrying out certain defence works), in subsection (3)(a)(ii), for “six months” there is substituted “ 12 months ”.
Rehabilitation of Offenders Act 1974 (c. 53)
18
- (1) Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular offences) is amended as follows.
- (2) In subsection (1)—
- (a) at the end of paragraph (e), there is inserted “ and ”, and
- (b) after that paragraph, there is inserted the following paragraph—
(f) a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, a sentence of detention for public protection under section 226 of that Act or an extended sentence under section 227 or 228 of that Act
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Armed Forces Act 1976 (c. 52)
19
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bail Act 1976 (c. 63)
20
The Bail Act 1976 is amended as follows.
21
- (1) Section 2 (other definitions) is amended as follows.
- (2) In subsection (1)(d)—
- (a) the words “placing the offender on probation or” are omitted, and
- (b) for “him” there is substituted “ the offender ”.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
In section 4 (general right to bail of accused persons and others), in subsection (3), for the words from “to be dealt with” onwards there is substituted
or the Crown Court to be dealt with under— (a) Part 2 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain youth community orders), or (b) Part 2 of Schedule 8 to the Criminal Justice Act 2003 (breach of requirement of community order).
23
In Part 3 of Schedule 1 (interpretation), in the definition of “default” in paragraph 4, for the words from “Part II” onwards there is substituted “ Part 2 of Schedule 8 to the Criminal Justice Act 2003 (breach of requirement of order) ”.
Criminal Law Act 1977 (c. 45)
24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Magistrates' Courts Act 1980 (c. 43)
25
The Magistrates' Courts Act 1980 is amended as follows.
26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
In section 33 (maximum penalties on summary conviction in pursuance of section 22), in subsection (1)(a), for “3 months” there is substituted “ 51 weeks ”.
28
In section 85 (power to remit fine), in subsection (2A), for “section 35(2)(a) or (b) of the Crime (Sentences) Act 1997” there is substituted “ section 300(2) of the Criminal Justice Act 2003 ”.
29
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30
In section 133 (consecutive terms of imprisonment), in subsection (1), for “Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act 2000,” there is substituted “ Subject to section 265 of the Criminal Justice Act 2003, ”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
31
In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (ineligibility for and disqualification and excusal from jury service), in Part 2, in paragraph (bb), for sub-paragraph (v) there is substituted—
(v) a community order within the meaning of section 177 of the Criminal Justice Act 2003; (va) a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;
.
Public Passenger Vehicles Act 1981 (c. 14)
32
- (1) In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary provisions as to qualifications for PSV operators licence), paragraph 1 is amended as follows.
- (2) In sub-paragraph (4)(a), for “a community service order for more than sixty hours” there is substituted “ a community order requiring the offender to perform unpaid work for more than sixty hours ”.
- (3) In sub-paragraph (6), for the words from “ “a community” onwards there is substituted “ “a community order” means an order under section 177 of the Criminal Justice Act 2003, a community punishment order made before the commencement of that section or a community service order under the Community Service by Offenders (Scotland) Act 1978”.
Criminal Attempts Act 1981 (c. 47)
33
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1982 (c. 48)
34
The Criminal Justice Act 1982 is amended as follows.
35
In section 32 (early release of prisoners), in subsection (1)(a), after “life” there is inserted “ , imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or an extended sentence under section 227 of that Act ”.
36
- (1) Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland): persons residing in England and Wales or Scotland) is amended as follows.
- (2) In paragraph 7—
- (a) in sub-paragraph (2)(b), for “such orders” there is substituted “ an unpaid work requirement of a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) ”, and
- (b) in sub-paragraph (3)(b), for the words from “community service orders” onwards there is substituted “ community orders within the meaning of Part 12 of the Criminal Justice Act 2003 conferred on responsible officers by that Part of that Act. ”.
- (3) For paragraph 9(3) there is substituted—
(3) Subject to the following provisions of this paragraph— (a) a community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a community order made in England and Wales under section 177 of the Criminal Justice Act 2003 and the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly; and (b) a community service order made or amended in the circumstances specified in paragraph 8 above shall be treated as if it were a community service order made in Scotland and the legislation relating to community service orders in Scotland shall apply accordingly.
- (4) In paragraph 9(4)(a), after “community service orders” there is inserted “ or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003) ”.
- (5) In paragraph 9(5), after “a community service order” there is inserted “ or, as the case may be, a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) ”.
- (6) In paragraph 9(6)—
- (a) after “community service orders”, where first occurring, there is inserted “ or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003) ”, and
- (b) in paragraph (b)(i), for “the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ Part 12 of the Criminal Justice Act 2003 ”.
Mental Health Act 1983 (c. 20)
37
The Mental Health Act 1983 is amended as follows.
38
In section 37 (powers of courts to order hospital admission or guardianship)—
- (a) in subsection (1), the words “or falls to be imposed under section 109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are omitted,
- (b) for subsections (1A) and (1B) there is substituted —
(1A) In the case of an offence the sentence for which would otherwise fall to be imposed— (a) under section 51A(2) of the Firearms Act 1968, (b) under section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000, or (c) under any of sections 225 to 228 of the Criminal Justice Act 2003, nothing in those provisions shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital. (1B) References in subsection (1A) above to a sentence falling to be imposed under any of the provisions mentioned in that subsection are to be read in accordance with section 305(4) of the Criminal Justice Act 2003.
- (c) in subsection (8), for “probation order” there is substituted “ community order (within the meaning of Part 12 of the Criminal Justice Act 2003) ”.
39
In section 45A (powers of higher courts to direct hospital admission), in subsection (1)(b), the words from “except” to “1997” are omitted.
Repatriation of Prisoners Act 1984 (c. 47)
40
The Repatriation of Prisoners Act 1984 is amended as follows.
41
In section 2 (transfer out of the United Kingdom), in subsection (4)(b), for sub-paragraph (i) there is substituted—
(i) released on licence under section 28(5) of the Crime (Sentences) Act 1997 or under section 244 or 246 of the Criminal Justice Act 2003; or
.
42
In section 3 (transfer into the United Kingdom), subsection (9) is omitted.
43
- (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows in relation to prisoners repatriated to England and Wales.
- (2) In paragraph 2, for sub-paragraphs (1A) and (2) there is substituted—
(2) If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular part of a life sentence is concerned, be deemed to be increased by that period. (3) Where the prisoner’s sentence is for a term of less than twelve months, Chapter 6 of Part 12 of the Criminal Justice Act 2003 shall apply as if the sentence were for a term of twelve months or more. (4) In this paragraph— “the enactments relating to release on licence” means section 28(5) and (7) of the Crime (Sentences) Act 1997 and Chapter 6 of Part 12 of the Criminal Justice Act 2003; “sentence”, means the provision included in the warrant which is equivalent to sentence.
.
- (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—
“sexual offence” means an offence specified in Part 2 of Schedule 15 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)
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— (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 225 to 228 of the Criminal Justice Act 2003.
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)
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 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 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,
.
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 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 301 of the Criminal Justice Act 2003 ”.
Road Traffic Offenders Act 1988 (c. 53)
52
The Road Traffic Offenders Act 1988 is amended as follows.
53
In section 27 (production of licence), in subsection (3), for “section 40 of the Crime (Sentences) Act 1997” there is substituted “ section 301 of the Criminal Justice Act 2003 ”.
54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children Act 1989 (c. 41)
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.
- (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).
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 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.
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 201 of the Criminal Justice Act 2003 ”.
- (3) In paragraph 11(2) —
- (a) in paragraph (a)—
- (i) for “probation order” there is substituted “ community order ”, and
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) for paragraph (b) there is substituted—
(b) the provisions of Part 12 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 12 of the Criminal Justice Act 2003 relating to community orders (within the meaning of that Part); (b) the powers of the home court under Schedule 8 to that Act, as modified by this paragraph; and
.
- (5) In paragraph 11(4), for the words from “probation order made by a court” onwards there is substituted “ community order made by a court in England and Wales under section 177 of the Criminal Justice Act 2003, except a power conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to that Act ”.
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Aggravated Vehicle-Taking Act 1992 (c. 11)
65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)—
- (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 (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 28(2)(b) of that Act (while that provision was in force) or an order made under section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003;
, and
- (iii) for “28(2)(b) or 82A(2) or paragraph” there is substituted “ 82A(2), 28(2)(b) or 269(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— (a) who is transferred from England and Wales on or after the date on which section 269 of the Criminal Justice Act 2003 comes into force, (b) in relation to whom paragraph 3 of Schedule 22 to that Act applies by virtue of paragraph 2(a) of that 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 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 1997 Act ”, and
- (ii) after the words “Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” there is inserted “ section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003, ”.
Criminal Justice and Public Order Act 1994 (c. 33)
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 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)
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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 177 of the Criminal Justice Act 2003, a community 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)
69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 1996 (c. 56)
73
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 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 “ (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 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 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 (within the meaning of Part 12 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 (Northern Ireland) Order 1981) ”.
80
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
81
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 “ 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 259 of the Criminal Justice Act 2003 ”.
84
In section 32 (recall of life prisoners while on licence) for subsection (5) there 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 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; “custody plus order” has the meaning given by section 181(4) of that Act; “intermittent custody order” has the meaning given by section 183(2) of that Act.
- (3) In paragraph 8 (restricted transfers from England and Wales to Scotland)—
- (a) for sub-paragraph (2)(a) there is substituted—
(a) sections 241, 244, 247 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 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 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 Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule 11 to that Act); and
,
- (b) for sub-paragraph (4)(a) there is substituted—
(a) sections 241, 249 to 252 and 254 to 264 of the 2003 Act (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 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 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 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule 11 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 substituted the words “a relevant officer of such local authority as may be specified in the licence”. (“) Any provision of sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if— (a) any reference to secure accommodation were a reference to secure accommodation within the meaning of Part 2 of the Children (Scotland) Act 1995 or a young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989, (b) except in section 103(2), any reference to the Secretary of State were a reference to the Scottish Ministers, (c) any reference to an officer of a local probation board were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993, (d) any reference to a youth court were a reference to a sheriff court, (e) in section 103, any reference to a local justice area were a reference to a local government area within the meaning of the Local Government etc. (Scotland) Act 1994, (f) in section 103(3), for paragraphs (b) and (c) there were substituted a reference to an officer of a local authority constituted under that Act for the local government area in which the offender resides for the time being, (g) section 103(5) were omitted, (h) in section 104, for subsection (1) there were substituted— (1) Where a detention and training order is in force in respect of an offender and it appears on information to a sheriff court having jurisdiction in the locality in which the offender resides that the offender has failed to comply with requirements under section 103(6)(b), the court may— (a) issue a citation requiring the offender to appear before it at the time specified in the citation, or (b) issue a warrant for the offender’s arrest. (i) section 104(2) were omitted, and (j) in section 104(6), the reference to the Crown Court were a reference to the High Court of Justiciary.
- (4) In paragraph 9 (restricted transfers from England and Wales to Northern Ireland)—
- (a) for sub-paragraph (2)(a) there is substituted—
(a) sections 241, 244, 247 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 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 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 order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule 11 to that Act); and
,
- (b) for sub-paragraph (4)(a) there is substituted—
(a) sections 241, 249 to 252 and 254 to 264 of the 2003 Act (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 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 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 order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule 11 to that Act); 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 substituted the words “a probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides”.
- (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.
Crime and Disorder Act 1998 (c. 37)
87
The Crime and Disorder Act 1998 is amended as follows.
88
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89
- (1) Section 38 (local provision of youth justice services) is amended as follows.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In subsection (4)(i), after “1997 Act”)” there is inserted “ or by virtue of conditions imposed under section 250 of the Criminal Justice Act 2003 ”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
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95
96
- (1) Section 36B (electronic monitoring of requirements in community orders) is amended as follows.
- (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 order ”.
- (4) In subsection (2) and (6)(a), for “community order” there is substituted “ youth community order ”.
97
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101
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102
- (1) Section 60 (attendance centre orders) is amended as follows.
- (2) In subsection (1)—
- (a) in paragraph (a), for “sections 34 to 36 above” there is substituted “ sections 148, 150 and 156 of the Criminal Justice Act 2003 ” and for “21” there is substituted “ 16 ”, and
- (b) in paragraph (b), for “18” there is substituted “ 16 ”, and
- (c) paragraph (c) and the word “or” immediately preceding it are 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 ”.
103
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104
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