Criminal Justice Act 2003

(46A) (1) Subject to subsection (2) below, where a short-term or long-term prisoner is liable to removal from the United Kingdom, the Secretary of State may under this section remove him from prison at any time after he has served the requisite period. (2) Subsection (1) above does not apply where— (a) the sentence is an extended sentence within the meaning of section 85 of the Powers of Criminal Courts (Sentencing) Act 2000, (b) the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995, (c) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983, (d) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, or (e) the interval between— (i) the date on which the prisoner will have served the requisite period for the term of the sentence, and (ii) the date on which he will have served one-half of the sentence, is less than 14 days. (3) A prisoner removed from prison under this section— (a) is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by— (i) Schedule 2 or 3 to the Immigration Act 1971, or (ii) section 10 of the Immigration and Asylum Act 1999, and (b) so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he falls to be released under section 33 or 35 above. (4) So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 33, 35 or 36 is exercisable in relation to him as if he were in prison. (5) In this section “the requisite period” means— (a) for a term of three months or more but less than four months, a period of 30 days; (b) for a term of four months or more but less than 18 months, a period equal to one-quarter of the term; (c) for a term of 18 months or more, a period that is 135 days less than one-half of the term. (6) The Secretary of State may by order made by statutory instrument— (a) amend the definition of “the requisite period” in subsection (5) above, (b) make such transitional provision as appears to him necessary or expedient in connection with the amendment. (7) No order shall be made under subsection (6) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament. (8) In relation to any time before the commencement of sections 80 and 81 of the Sexual Offences Act 2003, the reference in subsection (2)(d) above to Part 2 of that Act is to be read as a reference to Part 1 of the Sex Offenders Act 1997. (46B) (1) This section applies in relation to a person who, after being removed from prison under section 46A above, has been removed from the United Kingdom before he has served one-half of his sentence. (2) If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following— (a) the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and (b) his sentence expiry date. (3) A person who is liable to be detained by virtue of subsection (2) above is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (persons unlawfully at large) to be unlawfully at large. (4) Subsection (2) above does not prevent the further removal from the United Kingdom of a person falling within that subsection. (5) Where, in the case of a person returned to prison by virtue of subsection (2) above, the further custodial period ends before the sentence expiry date, subsections (1) and (2) of section 33 above apply in relation to him as if any reference to one-half or two-thirds of the prisoner’s sentence were a reference to the further custodial period. (6) If a person returned to prison by virtue of subsection (2) above falls by virtue of subsection (5) above to be released on licence under section 33(1) or (2) above after the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, section 37(1) above has effect in relation to him as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of his sentence. (7) If a person who is released on licence under section 33(1) or (2) above at the end of the further custodial period is recalled to prison under section 39(1) or (2) above, section 33A(3) above shall not apply, but it shall be the duty of the Secretary of State— (a) if the person is recalled before the date on which (but for his removal from the United Kingdom) he would have served three-quarters of his sentence, to release him on licence on that date, and (b) if he is recalled after that date, to release him on the sentence expiry date. (8) A licence granted by virtue of subsection (7)(a) above shall remain in force until the sentence expiry date. (9) In this section— - “further custodial period” has the meaning given by subsection (2)(a) above; - “outstanding custodial period”, in relation to a person to whom this section applies, means the period beginning with the date on which he was removed from the United Kingdom and ending with the date on which (but for his removal) he would have served one-half of his sentence; - “sentence expiry date”, in relation to a person to whom this section applies, means the date on which (but for his removal from the United Kingdom) he would have served the whole of this sentence.

SCHEDULE 21

Interpretation

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2

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3

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Starting points

4

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5

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6

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7

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Aggravating and mitigating factors

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9

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10

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11

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12

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SCHEDULE 22

Interpretation

1

In this Schedule—

• “the commencement date” means the day on which section 269 comes into force;

• “the early release provisions” means the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (c. 43);

• “existing prisoner” means a person serving one or more mandatory life sentences passed before the commencement date (whether or not he is also serving any other sentence);

• “life sentence” means a sentence of imprisonment for life or custody for life passed in England and Wales or by a court-martial outside England and Wales;

• “mandatory life sentence” means a life sentence passed in circumstances where the sentence was fixed by law.

Existing prisoners notified by Secretary of State

2

Paragraph 3 applies in relation to any existing prisoner who, in respect of any mandatory life sentence, has before the commencement date been notified in writing by the Secretary of State (otherwise than in a notice that is expressed to be provisional) either—

• (a) of a minimum period which in the view of the Secretary of State should be served before the prisoner’s release on licence, or

• (b) that the Secretary of State does not intend that the prisoner should ever be released on licence.

3

• (1) On the application of the existing prisoner, the High Court must, in relation to the mandatory life sentence, either—

• (a) order that the early release provisions are to apply to him as soon as he has served the part of the sentence which is specified in the order, which in a case falling within paragraph 2(a) must not be greater than the notified minimum term, or

• (b) in a case falling within paragraph 2(b), order that the early release provisions are not to apply to the offender.

• (2) In a case falling within paragraph 2(a), no application may be made under this paragraph after the end of the notified minimum term.

• (3) Where no application under this paragraph is made in a case falling within paragraph 2(a), the early release provisions apply to the prisoner in respect of the sentence as soon as he has served the notified minimum term (or, if he has served that term before the commencement date but has not been released, from the commencement date).

• (4) In this paragraph “the notified minimum term” means the minimum period notified as mentioned in paragraph 2(a), or where the prisoner has been so notified on more than one occasion, the period most recently so notified.

4

• (1) In dealing with an application under paragraph 3, the High Court must have regard to—

• (a) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it,

• (b) where the court is satisfied that, if the prisoner had been sentenced to a term of imprisonment, the length of his sentence would have been treated by section 67 of the Criminal Justice Act 1967 (c. 80) as being reduced by a particular period, the effect which that section would have had if he had been sentenced to a term of imprisonment, and

• (c) the length of the notified minimum term or, where a notification falling within paragraph 2(b) has been given to the prisoner, to the fact that such a notification has been given.

• (2) In considering under sub-paragraph (1) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, the High Court must have regard to—

• (a) the general principles set out in Schedule 21, and

• (b) any recommendation made to the Secretary of State by the trial judge or the Lord Chief Justice as to the minimum term to be served by the offender before release on licence.

• (3) In this paragraph “the notified minimum term” has the same meaning as in paragraph 3.

Existing prisoners not notified by Secretary of State

5

Paragraph 6 applies in relation to any existing prisoner who, in respect of any mandatory life sentence, has not before the commencement date been notified as mentioned in paragraph 2(a) or (b) by the Secretary of State.

6

The Secretary of State must refer the prisoner’s case to the High Court for the making by the High Court of an order under subsection (2) or (4) of section 269 in relation to the mandatory life sentence.

7

In considering under subsection (3) or (4) of section 269 the seriousness of an offence (or the combination of an offence and one or more offences associated with it) in a case referred to the High Court under paragraph 6, the High Court must have regard not only to the matters mentioned in subsection (5) of that section but also to any recommendation made to the Secretary of State by the trial judge or the Lord Chief Justice as to the minimum term to be served by the offender before release on licence.

8

In dealing with a reference under paragraph 6, the High Court—

• (a) may not make an order under subsection (2) of section 269 specifying a part of the sentence which in the opinion of the court is greater than that which, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify as mentioned in paragraph 2(a), and

• (b) may not make an order under subsection (4) of section 269 unless the court is of the opinion that, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to give the prisoner a notification falling within paragraph 2(b).

Sentences passed on or after commencement date in respect of offences committed before that date

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10

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Proceedings in High Court

11

• (1) An application under paragraph 3 or a reference under paragraph 6 is to be determined by a single judge of the High Court without an oral hearing.

• (2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Giving of reasons

12

• (1) Where the High Court makes an order under paragraph 3(1)(a) or (b), it must state in open court, in ordinary language, its reasons for deciding on the order made.

• (2) Where the order is an order under paragraph 3(1)(a) specifying a part of the sentence shorter than the notified minimum term the High Court must, in particular, state its reasons for departing from the notified minimum term.

13

Where the High Court makes an order under subsection (2) or (4) of section 269 on a reference under paragraph 6, subsection (2) of section 270 does not apply.

Right of appeal

14

• (1) A person who has made an application under paragraph 3 or in respect of whom a reference has been made under paragraph 6 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the application or reference.

• (2) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to Supreme Court from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which sub-paragraph (1) applies.

• (3) The jurisdiction conferred on the Court of Appeal by this paragraph is to be exercised by the criminal division of that court.

• (4) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the Supreme Court under this paragraph.

• (5) In relation to appeals to the Court of Appeal or the Supreme Court under this paragraph, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

Review of minimum term on reference by Attorney General

15

Section 36 of the Criminal Justice Act 1988 (c. 33) applies in relation to an order made by the High Court under paragraph 3(1)(a) as it applies in relation to an order made by the Crown Court under section 269(2).

Modification of early release provisions

16

• (1) In relation to an existing prisoner, section 28 of the Crime (Sentences) Act 1997 (c. 43) has effect subject to the following modifications.

• (2) Any reference to a life prisoner in respect of whom a minimum term order has been made includes a reference to—

• (a) an existing prisoner in respect of whom an order under paragraph 3(1)(a) has been made, and

• (b) an existing prisoner serving a sentence in respect of which paragraph 3(3) applies.

• (3) Any reference to the relevant part of the sentence is to be read—

• (a) in relation to a sentence in respect of which an order under paragraph 3(1)(a) has been made, as a reference to the part specified in the order, and

• (b) in relation to a sentence in respect of which paragraph 3(3) applies, as a reference to the notified minimum term as defined by paragraph 3(4).

• (4) In subsection (1B) (life prisoner serving two or more sentences), paragraph (a) is to be read as if it referred to each of the sentences being one—

• (a) in respect of which a minimum term order or an order under paragraph 3(1)(a) has been made, or

• (b) in respect of which paragraph 3(3) applies.

17

In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation of Chapter 2 of that Act), in the definition of “life prisoner”, the reference to a transferred prisoner as defined by section 273 of this Act includes a reference to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of that Act.

Transferred life prisoners

18

In relation to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of the Crime (Sentences) Act 1997, this Schedule is to be read as if—

• (a) any certificate under subsection (2) of that section were a notification falling within paragraph 2(a) of this Schedule, and

• (b) references to any recommendation of the trial judge or the Lord Chief Justice were omitted.

SCHEDULE 23

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2

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SCHEDULE 24

1

• (1) Section 70 of the Sentencing Act (requirements which may be included in action plan orders and directions) is amended as follows.

• (2) After subsection (4) there is inserted—

(4A) Subsection (4B) below applies where a court proposing to make an action plan order is satisfied— (a) that the offender is dependent on, or has a propensity to misuse, drugs, and (b) that his dependency or propensity is such as requires and may be susceptible to treatment. (4B) Where this subsection applies, requirements included in an action plan order may require the offender for a period specified in the order (“the treatment period”) to submit to treatment by or under the direction of a specified person having the necessary qualifications and experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs. (4C) The required treatment shall be— (a) treatment as a resident in such institution or place as may be specified in the order, or (b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above. (4D) A requirement shall not be included in an action plan order by virtue of subsection (4B) above— (a) in any case, unless— (i) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident), and (ii) the requirement has been recommended to the court as suitable for the offender by an officer of a local probation board or by a member of a youth offending team; and (b) in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion. (4E) Subject to subsection (4F), an action plan order which includes a requirement by virtue of subsection (4B) above may, if the offender is aged 14 or over, also include a requirement (“a testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment period, the offender shall during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or the treatment provider, provide samples of such description as may be so determined. (4F) A testing requirement shall not be included in an action plan order by virtue of subsection (4E) above unless— (a) the offender is aged 14 or over and consents to its inclusion, and (b) the court has been notified by the Secretary of State that arrangements for implementing such requirements are in force in the area proposed to be specified in the order (4G) A testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided. (4H) An action plan order including a testing requirement shall provide for the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the responsible officer to be communicated to the responsible officer.

2

• (1) Schedule 6 to the Sentencing Act (requirements which may be included in supervision orders) is amended as follows.

• (2) In paragraph 1, after “6” there is inserted “ ,6A ”.

• (3) After paragraph 6 there is inserted—

(6A) (1) This paragraph applies where a court proposing to make a supervision order is satisfied— (a) that the offender is dependent on, or has a propensity to misuse, drugs, and (b) that his dependency or propensity is such as requires and may be susceptible to treatment. (2) Where this paragraph applies, the court may include in the supervision order a requirement that the offender shall, for a period specified in the order (“the treatment period”), submit to treatment by or under the direction of a specified person having the necessary qualifications and experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs. (3) The required treatment shall be— (a) treatment as a resident in such institution or place as may be specified in the order, or (b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above. (4) A requirement shall not be included in a supervision order by virtue of sub-paragraph (2) above— (a) in any case, unless— (i) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident), and (ii) the requirement has been recommended to the court as suitable for the offender by an officer of a local probation board or by a member of a youth offending team; and (b) in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion. (5) Subject to sub-paragraph (6), a supervision order which includes a treatment requirement may also include a requirement (“a testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment period, the offender shall during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the supervisor or the treatment provider, provide samples of such description as may be so determined. (6) A testing requirement shall not be included in a supervision order by virtue of sub-paragraph (5) above unless— (a) the offender is aged 14 or over and consents to its inclusion, and (b) the court has been notified by the Secretary of State that arrangements for implementing such requirements are in force in the area proposed to be specified in the order. (7) A testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided. (8) A supervision order including a testing requirement shall provide for the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the supervisor to be communicated to the supervisor.

3

In Schedule 7 to the Sentencing Act (breach, revocation and amendment of supervision orders), in paragraph 2(1), before “or 7” there is inserted “ ,6A ”.

SCHEDULE 25

Vagrancy Act 1824 (c. 83)

1

The offence under section 3 of the Vagrancy Act 1824 (idle and disorderly persons) of causing or procuring or encouraging any child or children to wander abroad, or place himself or herself in any public place, street, highway, court, or passage, to beg or gather alms.

2

The following offences under section 4 of that Act (rogues and vagabonds)—

• (a) the offence of going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence,

• (b) the offence of being found in or upon any dwelling house, warehouse, coach-house, stable, or outhouse, or in any inclosed yard, garden, or area, for any unlawful purpose, and

• (c) the offence of being apprehended as an idle and disorderly person, and violently resisting any constable, or other peace officer so apprehending him or her, and being subsequently convicted of the offence for which he or she shall have been so apprehended.

Railway Regulation Act 1842 (c. 55)

3

An offence under section 17 of the Railway Regulation Act 1842 (punishment of railway employees guilty of misconduct).

London Hackney Carriages Act 1843 (c. 86)

4

An offence under section 28 of the London Hackney Carriages Act 1843 (punishment for furious driving etc.).

Town Police Clauses Act 1847 (c. 89)

5

An offence under section 26 of the Town Police Clauses Act 1847 (unlawful release of impounded stray cattle).

6

An offence under section 28 of that Act (offences relating to obstructions and nuisances).

7

An offence under section 29 of that Act (drunken persons, etc. guilty of violent or indecent behaviour).

8

An offence under section 36 of that Act (keeping places for bear-baiting, cock-fighting etc.).

Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)

9

An offence under section 2 of the Ecclesiastical Courts Jurisdiction Act 1860 (making a disturbance in churches, chapels, churchyards, etc.).

Town Gardens Protection Act 1863 (c. 13)

10

An offence under section 5 of the Town Gardens Protection Act 1863 (injuring gardens).

Public Stores Act 1875 (c. 25)

11

An offence under section 8 of the Public Stores Act 1875 (sweeping, etc., near dockyards, artillery ranges, etc.).

North Sea Fisheries Act 1893 (c. 17)

12

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13

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

14

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

15

An offence under section 3(2) of the Aliens Restriction (Amendment) Act 1919 (promoting industrial unrest).

Children and Young Persons Act 1933 (c. 12)

16

An offence under section 4 of the Children and Young Persons Act 1933 (causing or allowing persons under sixteen to be used for begging).

Protection of Animals Act 1934 (c. 21)

17

An offence under section 2 of the Protection of Animals Act 1934 (offences relating to the prohibition of certain public contests, performances, and exhibitions with animals).

Public Health Act 1936 (c. 49)

18

An offence under section 287 of the Public Health Act 1936 (power to enter premises).

Essential Commodities Reserves Act 1938 (c. 51)

19

An offence under section 4(2) of the Essential Commodities Reserves Act 1938 (enforcement).

London Building Acts (Amendment) Act 1939 (c. xcvii)

20

An offence under section 142 of the London Building Acts (Amendment) Act 1939 (power of Council and others to enter buildings etc).

Cancer Act 1939 (c. 13)

21

An offence under section 4 of the Cancer Act 1939 (prohibition of certain advertisements).

Civil Defence Act 1939 (c. 31)

22

An offence under section 77 of the Civil Defence Act 1939 (penalty for false statements).

Hill Farming Act 1946 (c. 73)

23

An offence under section 19(2) or (3) of the Hill Farming Act 1946 (offences in relation to the control of rams).

Polish Resettlement Act 1947 (c. 19)

24

An offence under paragraph 7 of the Schedule to the Polish Resettlement Act 1947 (false representation or making a false statement).

Agriculture Act 1947 (c. 48)

25

An offence under section 14(7) of the Agriculture Act 1947, as remaining in force for the purposes of section 95 of that Act, (directions to secure good estate management and good husbandry).

26

An offence under section 95 of that Act (failure to comply with a direction to secure production).

Civil Defence Act 1948 (c. 5)

27

An offence under section 4 of the Civil Defence Act 1948 (powers as to land).

Agricultural Wages Act 1948 (c. 47)

28

An offence under section 12 of the Agricultural Wages Act 1948 (hindering investigation of complaints etc.).

Wireless Telegraphy Act 1949 (c. 54)

29

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Prevention of Damage by Pests Act 1949 (c. 55)

30

An offence under section 22(5) of the Prevention of Damage by Pests Act 1949 (wrongful disclosure of information).

Coast Protection Act 1949 (c. 74)

31

An offence under section 25(9) of the Coast Protection Act 1949 (powers of entry and inspection).

Pet Animals Act 1951 (c. 35)

32

An offence under the Pet Animals Act 1951 (offences relating to licensing of pet shops and the sale of pets), other than one under section 4 of that Act.

Cockfighting Act 1952 (c. 59)

33

An offence under section 1 of the Cockfighting Act 1952 (possession of appliances for use in fighting of domestic fowl).

Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10)

34

An offence under the Agricultural Land (Removal of Surface Soil) Act 1953 (removal of surface soil without planning permission).

Accommodation Agencies Act 1953 (c. 23)

35

An offence under section 1 of the Accommodation Agencies Act 1953 (illegal commissions and advertisements).

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

36

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37

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38

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39

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40

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41

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42

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

43

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44

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45

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46

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47

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48

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49

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Naval Discipline Act 1957 (c. 53)

50

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51

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Agricultural Marketing Act 1958 (c. 47)

52

An offence under section 45 of the Agricultural Marketing Act 1958 (failure to comply with demand for information or knowingly making any false statement in reply thereto).

Rivers (Prevention of Pollution) Act 1961 (c. 50)

53

An offence under section 12(1) of the Rivers (Prevention of Pollution) Act 1961 (restriction of disclosure of information).

Betting, Gaming and Lotteries Act 1963 (c. 2)

54

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

Children and Young Persons Act 1963 (c. 37)

55

An offence under section 40 of the Children and Young Persons Act 1963 (offences relating to persons under 16 taking part in public performances etc.).

Animal Boarding Establishments Act 1963 (c. 43)

56

An offence under the Animal Boarding Establishments Act 1963 (offences in connection with the licensing and inspection of boarding establishments for animals), other than an offence under section 2 of that Act.

Agriculture and Horticulture Act 1964 (c. 28)

57

An offence under Part 3 of the Agriculture and Horticulture Act 1964 (offences relating to the grading and transport of fresh horticultural produce), other than an offence under section 15(1) of that Act.

Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60)

58

An offence under paragraph 1(3) or 2(4) of Schedule 1 to the Emergency Laws (Re-enactments and Repeals) Act 1964 (offences relating to the production of documents).

Riding Establishments Act 1964 (c. 70)

59

An offence under the Riding Establishments Act 1964 (offences relating to the keeping of riding establishments), other than an offence under section 2(4) of that Act.

Industrial and Provident Societies Act 1965 (c. 12)

60

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

61

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

Cereals Marketing Act 1965 (c. 14)

62

An offence under section 17(1) of the Cereals Marketing Act 1965 (failure to comply with a requirement of a scheme).

Gas Act 1965 (c. 36)

63

An offence under paragraph 9 of Schedule 6 to the Gas Act 1965 (wrongful disclosure of information).

Armed Forces Act 1966 (c. 45)

64

An offence under section 8 of the Armed Forces Act 1966 (false statements on entry into Royal Navy).

Agriculture Act 1967 (c. 22)

65

An offence under section 6(9) of the Agriculture Act 1967 (compulsory use of systems of classification of carcases).

66

An offence under section 14(2) of that Act (levy schemes: requirements in relation to registration, returns and records).

67

An offence under section 69 of that Act (false statements to obtain grants etc).

Sea Fisheries (Shellfish) Act 1967 (c. 83)

68

An offence under section 14(2) of the Sea Fisheries (Shellfish) Act 1967 (offences relating to the deposit and importation of shellfish).

Theatres Act 1968 (c. 54)

69

An offence under section 13(1) or (2) of the Theatres Act 1968 (offences relating to licensing of premises for public performances of plays).

Theft Act 1968 (c. 60)

70

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

Agriculture Act 1970 (c. 40)

71

An offence under section 106(8) of the Agriculture Act 1970 (eradication of brucellosis: obstructing or impeding an officer in the exercise of powers to obtain information).

Breeding of Dogs Act 1973 (c. 60)

72

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

Slaughterhouses Act 1974 (c. 3)

73

An offence under section 4(5) of the Slaughterhouses Act 1974 (knacker’s yard licences and applications for such licences).

National Health Service Act 1977 (c. 49)

74

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

Magistrates' Courts Act 1980 (c. 43)

75

An offence under section 84(3) of the Magistrates' Courts Act 1980 (making of false statement as to means).

Animal Health Act 1981 (c. 22)

76

An offence under paragraph 6 of Schedule 1 to the Animal Health Act 1981 (offences relating to the manufacture of veterinary therapeutic substances).

Fisheries Act 1981 (c. 29)

77

An offence under section 5(4) of the Fisheries Act 1981 (alteration of records or furnishing false information).

Civil Aviation Act 1982 (c. 16)

78

An offence under section 82 of the Civil Aviation Act 1982 (using an aircraft for advertising, etc.).

Mental Health Act 1983 (c. 20)

79

An offence under section 103 of the Mental Health Act 1983 (wrongful disclosure of a report made by a Visitor).

80

An offence under section 129 of that Act (obstruction).

Building Act 1984 (c. 55)

81

An offence under section 96(3) of the Building Act 1984 (wrongful disclosure of information).

Surrogacy Arrangements Act 1985 (c. 49)

82

An offence under section 2 of the Surrogacy Arrangements Act 1985 (negotiating surrogacy arrangements on a commercial basis, etc.).

Animals (Scientific Procedures) Act 1986 (c. 14)

83

An offence under section 22(3), 23 or 25(3) of the Animals (Scientific Procedures) Act 1986 (false statements and offences in relation to powers of entry).

Motor Cycle Noise Act 1987 (c. 34)

84

An offence under paragraph 1 of Schedule 1 to the Motor Cycle Noise Act 1987 (supply of exhaust systems etc. not complying with prescribed requirements).

Human Organ Transplants Act 1989 (c. 31)

85

An offence under section 2 of the Human Organ Transplants Act 1989 (restrictions on organ transplants).

Town and Country Planning Act 1990 (c. 8)

86

An offence under paragraph 14(4) of Schedule 15 to the Town and Country Planning Act 1990 (wrongful disclosure of information).

Environmental Protection Act 1990 (c. 43)

87

An offence under section 118(1)(g), (h) or (i) of the Environmental Protection Act 1990 (offences relating to inspection of genetically modified organisms).

Criminal Justice Act 1991 (c. 53)

88

An offence under section 20A of the Criminal Justice Act 1991 (false statements as to financial circumstances).

Deer Act 1991 (c. 54)

89

An offence under section 10(3) of the Deer Act 1991 (offences relating to sale and purchase etc. of venison).

Water Industry Act 1991 (c. 56)

90

An offence under section 206(2) of the Water Industry Act 1991 (wrongful disclosure of information).

91

An offence that falls within paragraph 5(5) of Schedule 6 to that Act (wrongful disclosure of information).

Social Security Administration Act 1992 (c. 5)

92

An offence under section 105 of the Social Security Administration Act 1992 (failure of person to maintain himself or another).

93

An offence under section 182 of that Act (illegal possession of documents).

Local Government Finance Act 1992 (c. 14)

94

An offence under section 27(5) of the Local Government Finance Act 1992 (false statements in relation to properties).

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

95

An offence under section 240 of the Trade Union and Labour Relations (Consolidation) Act 1992 (breach of contract involving injury to persons or property).

Merchant Shipping Act 1995 (c. 21)

96

An offence under section 57 of the Merchant Shipping Act 1995 (offences relating to merchant navy uniforms).

Reserve Forces Act 1996 (c. 14)

97

An offence under section 75(5) of the Reserve Forces Act 1996 (making false statements).

98

An offence under section 82(1) of that Act (offences in connection with regulations under sections 78 and 79 of that Act).

99

An offence under section 87(1) of that Act (offences in connection with claims for payment).

100

An offence under section 99 of that Act (false pretence of illegal absence).

101

An offence under paragraph 5(1) of Schedule 1 to that Act (false answers in attestation papers).

Housing Act 1996 (c. 52)

102

An offence under paragraph 23 or 24 of Schedule 1 to the Housing Act 1996 (contravening order not to part with money etc. held on behalf of a social landlord).

Broadcasting Act 1996 (c. 55)

103

An offence under section 144 of the Broadcasting Act 1996 (providing false information in connection with licences).

Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)

104

An offence under section 8 or 9(6) of the Breeding and Sale of Dogs (Welfare) Act 1999 (offences relating to the sale of dogs and connected matters).

Transport Act 2000 (c. 38)

105

An offence under section 82(2) of the Transport Act 2000 (wrongful disclosure of information).

SCHEDULE 26

Railway Regulation Act 1840 (c. 97)

1

In section 16 of the Railway Regulation Act 1840 (obstructing officers or trespassing upon railway), for “one month”, there is substituted

51 weeks .

Licensing Act 1872 (c. 94)

2

In section 12 of the Licensing Act 1872 (penalty for being found drunk), for “one month” there is substituted

51 weeks .

Regulation of Railways Act 1889 (c. 57)

3

In section 5 of the Regulation of Railways Act 1889 (avoiding payment of fares, etc.), in subsection (3), for “three months” there is substituted

51 weeks .

Witnesses (Public Inquiries) Protection Act 1892 (c. 64)

4

In section 2 of the Witnesses (Public Inquiries) Protection Act 1892 (persons obstructing or intimidating witnesses), for “three months” there is substituted

51 weeks .

Licensing Act 1902 (c. 28)

5

In section 2 of the Licensing Act 1902 (penalty for being drunk while in charge of a child), in subsection (1), for “one month” there is substituted

51 weeks .

Emergency Powers Act 1920 (c. 55)

6

In section 2 of the Emergency Powers Act 1920 (emergency regulations), in subsection (3), for “three months” there is substituted

51 weeks .

Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)

7

In section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926 (restriction on publication of reports of judicial proceedings), in subsection (2), for “four months” there is substituted

51 weeks .

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)

8

In section 7 of the Public Order Act 1936 (enforcement), in subsection (2), for “three months” there is substituted

51 weeks .

Cinematograph Films (Animals) Act 1937 (c. 59)

9

In section 1 of the Cinematograph Films (Animals) Act 1937 (prohibition of films involving cruelty to animals), in subsection (3), for “three months” there is substituted

51 weeks .

House to House Collections Act 1939 (c. 44)

10

In section 8 of the House to House Collections Act 1939, in subsection (2), for “three months” there is substituted

51 weeks .

Fire Services Act 1947 (c. 41)

11

In section 31 of the Fire Services Act 1947 (false alarms of fire), in subsection (1), for “three months” there is substituted

51 weeks .

National Assistance Act 1948 (c. 29)

12

• (1) The National Assistance Act 1948 is amended as follows.

• (2) In section 51 (failure to maintain), in subsection (3)(a) . . . , for “three months” there is substituted

51 weeks .

• (3) In section 52 (false statements), in subsection (1), for “three months” there is substituted

51 weeks .

Docking and Nicking of Horses Act 1949 (c. 70)

13

• (1) The Docking and Nicking of Horses Act 1949 is amended as follows.

• (2) In section 1 (prohibition of docking and nicking except in certain cases), in subsection (3), for “three months” there is substituted

51 weeks .

• (3) In section 2 (restriction on landing docked horses)—

• (a) in subsection (3), and

• (b) in subsection (4),

for “3 months” there is substituted

51 weeks .

Protection of Animals (Amendment) Act 1954 (c. 40)

14

In section 2 of the Protection of Animals (Amendment) Act 1954 (breach of disqualification order), for “three months” there is substituted

51 weeks .

Children and Young Persons (Harmful Publications) Act 1955 (c. 28)

15

In section 2 of the Children and Young Persons (Harmful Publications) Act 1955 (penalty for publishing certain works etc.), in subsection (1), for “four months” there is substituted

51 weeks .

Agriculture Act 1957 (c. 57)

16

In section 7 of the Agriculture Act 1957 (penalties)—

• (a) in subsection (1), for “three months” there is substituted

51 weeks , and

• (b) in subsection (2), for “one month” there is substituted

51 weeks .

Animals (Cruel Poisons) Act 1962 (c. 26)

17

In section 1 of the Animals (Cruel Poisons) Act 1962 (offences and penalties under regulations), in paragraph (b), for “three months” there is substituted

51 weeks .

Plant Varieties and Seeds Act 1964 (c. 14)

18

In section 27 of the Plant Varieties and Seeds Act 1964 (tampering with samples), in subsection (1), for “three months” there is substituted

51 weeks .

Agriculture Act 1967 (c. 22)

19

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

Firearms Act 1968 (c. 27)

20

• (1) Part 1 of Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences) is amended as follows.

• (2) In the entry relating to section 3(6) of that Act (business and other transactions with firearms and ammunition), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

• (3) In the entry relating to section 6(3) of that Act (power to prohibit movement of arms and ammunition), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

• (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 ”.