SCHEDULE 26 Increase in maximum term for certain summary offences
Section 280(2)
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
.
SCHEDULE 27 Enabling powers: alteration of maximum penalties etc.
Section 283
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.
SCHEDULE 28 Increase in penalties for drug-related offences
Section 284
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 ”.
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—
Minimum sentence for certain offences
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—
in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment, and
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—
in the case of an offender who was aged 21 or over when he committed the offence, five years, and
in the case of an offender who was aged under 21 at that time, three years.
5 After Article 52A there is inserted—
Power by order to exclude application of minimum sentence to those under 18
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 both 5 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 both 5 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 both 10 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 both 10 years or a fine, or both
.
SCHEDULE 30 Disqualification from working with children
Section 299
1 The Criminal Justice and Court Services Act 2000 (c. 43) is amended as follows.
2 After section 29 there is inserted—
Disqualification at discretion of court: adults and juveniles
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.
Subsequent application for order under section 28 or 29
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.
.
Section 304
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 ”.
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 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 Offenders Act 1988 (c. 53)
52 The Road Traffic Offenders Act 1988 is amended as follows.
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.
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”.
“(6) 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 For section 33 there is substituted—
Meaning of “youth community order” and “community sentence”
33 (1) In this Act “youth community order” means any of the following orders—
(a) a curfew order;
(b) an exclusion order;
(c) an attendance centre order;
(d) a supervision order;
(e) an action plan order.
(2) In this Act “community sentence” means a sentence which consists of or includes—
(a) a community order under section 177 of the Criminal Justice Act 2003, or
(b) one or more youth community orders.
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107 In section 74 (requirements and provisions of reparation order, and obligations of person subject to it), in subsection (3)(a), after “community order” there is inserted “ or any youth community order ”.
109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
123 (1) Section 163 (interpretation) is amended as follows.
(2) In the definition of “attendance centre” for “section 62(2) above” there is substituted “ section 221(2) of the Criminal Justice Act 2003 ”.
(3) In the definition of “attendance centre order” for the words from “by virtue of” to “Schedule 3” there is substituted “ by virtue of paragraph 4(2)(b) or 5(2)(b) of Schedule 3 ”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) At the end there is inserted—
“youth community order” has the meaning given by section 33(1) above.
.
125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Support, Pensions and Social Security Act 2000 (c. 19)
130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice and Court Services Act 2000 (c. 43)
133 The Criminal Justice and Court Services Act 2000 is amended as follows.
134 In section 1 (purposes of Chapter 1 of Part 1 of the Act), in subsection (2)—
(a) in paragraph (a), after “community orders” there is inserted “ (as defined by section 177 of the Criminal Justice Act 2003) ”, and
(b) after paragraph (c) there is inserted—
(d) giving effect to suspended sentence orders (as defined by section 189 of the Criminal Justice Act 2003).
135 In section 42 (interpretation of Part 2), in subsection (2)(a), for “section 119 of the Powers of Criminal Court (Sentencing) Act 2000” there is substituted “ paragraph 8(2)(a) or (b) of Schedule 12 of the Criminal Justice Act 2003 ”.
136 (1) Section 62 (release on licence etc: conditions as to monitoring) is amended as follows.
(2) For subsection (3) there is substituted—
(3) In relation to a prisoner released under section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 253 of that Act (curfew condition).
(3) In subsection (5) after paragraph (e) there is inserted
, and
(f) a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003
.
137 In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8), for paragraph (a) there is substituted—
(a) murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003,
.
138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
International Criminal Court Act 2001 (c. 17)
139 (1) Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), is amended as follows.
(2) In paragraph 2(1), for paragraph (d) there is substituted—
(d) section 240 of the Criminal Justice Act 2003 (crediting of periods of remand in custody).
(3) In paragraph 3(1), for “Part 2 of the Criminal Justice Act 1991” there is substituted “ sections 244 to 264 of the Criminal Justice Act 2003 ”.
Armed Forces Act 2001 (c. 19)
140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceeds of Crime Act 2002 (c. 29)
141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Offences Act 2003 (c. 42)
142 The Sexual Offences Act 2003 is amended as follows.
143 In section 131 (application of Part 2 to young offenders), after paragraph (j) there is inserted—
(k) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003,
(l) an extended sentence under section 228 of that Act,
.
144 In section 133 (general interpretation), at the end of paragraph (a) of the definition of “community order” there is inserted “ (as that Act had effect before the passing of the Criminal Justice Act 2003) ”.
Part 2 Offences: abolition of imprisonment and conversion to summary offence
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Naval Discipline Act 1957 (c. 53)
157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reserve Forces Act 1996 (c. 14)
162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 321
1 The Juries Act 1974 (c. 23) is amended as follows.
2 For section 1 (qualification for jury service) there is substituted—
Qualification for jury service
1 (1) Subject to the provisions of this Act, every person shall be qualified to serve as a juror in the Crown Court, the High Court and county courts and be liable accordingly to attend for jury service when summoned under this Act if—
(a) he is for the time being registered as a parliamentary or local government elector and is not less than eighteen nor more than seventy years of age;
(b) he has been ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man for any period of at least five years since attaining the age of thirteen;
(c) he is not a mentally disordered person; and
(d) he is not disqualified for jury service.
(2) In subsection (1) above “mentally disordered person” means any person listed in Part 1 of Schedule 1 to this Act.
(3) The persons who are disqualified for jury service are those listed in Part 2 of that Schedule.
3 Section 9(1) (certain persons entitled to be excused from jury service) shall cease to have effect.
4 In section 9(2) (discretionary excusal) after “may” there is inserted “ , subject to section 9A(1A) of this Act, ”.
5 After section 9(2) (discretionary excusal) there is inserted—
(2A) Without prejudice to subsection (2) above, the appropriate officer shall excuse a full-time serving member of Her Majesty’s naval, military or air forces from attending in pursuance of a summons if—
(a) that member’s commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty, and
(b) subsection (2A) or (2B) of section 9A of this Act applies.
(2B) Subsection (2A) above does not affect the application of subsection (2) above to a full-time serving member of Her Majesty’s naval, military or air forces in a case where he is not entitled to be excused under subsection (2A).
6 In section 9(3) (discretionary excusal) after “above” there is inserted “ or any failure by the appropriate officer to excuse him as required by subsection (2A) above ”.
7 In section 9A(1) (discretionary deferral) after “may” there is inserted “ , subject to subsection (2) below, ”.
8 After section 9A(1) (discretionary deferral) there is inserted—
(1A) Without prejudice to subsection (1) above and subject to subsection (2) below, the appropriate officer—
(a) shall defer the attendance of a full-time serving member of Her Majesty’s naval, military or air forces in pursuance of a summons if subsection (1B) below applies, and
(b) for this purpose, shall vary the dates upon which that member is summoned to attend and the summons shall have effect accordingly.
(1B) This subsection applies if that member’s commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty.
(1C) Nothing in subsection (1A) or (1B) above shall affect the application of subsection (1) above to a full-time serving member of Her Majesty’s naval, military or air forces in a case where subsection (1B) does not apply.
9 For section 9A(2) (discretionary deferral) there is substituted—
(2) The attendance of a person in pursuance of a summons shall not be deferred under subsection (1) or (1A) above if subsection (2A) or (2B) below applies.
10 After section 9A(2) (discretionary deferral) there is inserted—
(2A) This subsection applies where a deferral of the attendance of the person in pursuance of the summons has previously been made or refused under subsection (1) above or has previously been made under subsection (1A) above.
(2B) This subsection applies where—
(a) the person is a full-time serving member of Her Majesty’s naval, military or air forces, and
(b) in addition to certifying to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty, that member’s commanding officer certifies that this position is likely to remain for any period specified for the purpose of this subsection in guidance issued under section 9AA of this Act.
11 In section 9A(3) (discretionary deferral) after “above” there is inserted “ or any failure by the appropriate officer to defer his attendance as required by subsection (1A) above ”.
12 After section 9A (discretionary deferral) there is inserted—
Requirement to issue guidance
9AA (1) The Lord Chancellor shall issue guidance as to the manner in which the functions of the appropriate officer under sections 9 and 9A of this Act are to be exercised.
(2) The Lord Chancellor shall—
(a) lay before each House of Parliament the guidance, and any revised guidance, issued under this section, and
(b) arrange for the guidance, or revised guidance, to be published in a manner which he considers appropriate.
13 In section 19 (payment for jury service), after subsection (1) there is inserted—
(1A) The reference in subsection (1) above to payments by way of allowance for subsistence includes a reference to vouchers and other benefits which may be used to pay for subsistence, whether or not their use is subject to any limitations.
14 In section 20 (offences), for subsection (5)(d) there is substituted—
(d) knowing that he is disqualified under Part 2 of Schedule 1 to this Act, serves on a jury;
15 For Schedule 1 (ineligibility and disqualification for and excusal from jury service) there is substituted—
SCHEDULE 1
Mentally disordered persons and persons disqualified for jury service
Part 1 Mentally disordered persons
1 A person who suffers or has suffered from mental illness, psychopathic disorder, mental handicap or severe mental handicap and on account of that condition either—
(a) is resident in a hospital or similar institution; or
(b) regularly attends for treatment by a medical practitioner.
2 A person for the time being under guardianship under section 7 of the Mental Health Act 1983.
3 A person who, under Part 7 of that Act, has been determined by a judge to be incapable, by reason of mental disorder, of managing and administering his property and affairs.
4 (1) In this Part of this Schedule—
(a) “mental handicap” means a state of arrested or incomplete development of mind (not amounting to severe mental handicap) which includes significant impairment of intelligence and social functioning;
(b) “severe mental handicap” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning;
(c) other expressions are to be construed in accordance with the Mental Health Act 1983.
(2) For the purposes of this Part a person is to be treated as being under guardianship under section 7 of the Mental Health Act 1983 at any time while he is subject to guardianship pursuant to an order under section 116A(2)(b) of the Army Act 1955, section 116A(2)(b) of the Air Force Act 1955 or section 63A(2)(b) of the Naval Discipline Act 1957.
Part 2 Persons disqualified
5 A person who is on bail in criminal proceedings (within the meaning of the Bail Act 1976).
6 A person who has at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man—
(a) to imprisonment for life, detention for life or custody for life,
(b) to detention during her Majesty’s pleasure or during the pleasure of the Secretary of State,
(c) to imprisonment for public protection or detention for public protection,
(d) to an extended sentence under section 227 or 228 of the Criminal Justice Act 2003 or section 210A of the Criminal Procedure (Scotland) Act 1995, or
(e) to a term of imprisonment of five years or more or a term of detention of five years or more.
7 A person who at any time in the last ten years has—
(a) in the United Kingdom, the Channel Islands or the Isle of Man—
(i) served any part of a sentence of imprisonment or a sentence of detention, or
(ii) had passed on him a suspended sentence of imprisonment or had made in respect of him a suspended order for detention,
(b) in England and Wales, had made in respect of him a community order under section 177 of the Criminal Justice Act 2003, a community rehabilitation order, a community punishment order, a community punishment and rehabilitation order, a drug treatment and testing order or a drug abstinence order, or
(c) had made in respect of him any corresponding order under the law of Scotland, Northern Ireland, the Isle of Man or any of the Channel Islands.
8 For the purposes of this Part of this Schedule—
(a) a sentence passed by a court-martial is to be treated as having been passed in the United Kingdom, and
(b) a person is sentenced to a term of detention if, but only if—
(i) a court passes on him, or makes in respect of him on conviction, any sentence or order which requires him to be detained in custody for any period, and
(ii) the sentence or order is available only in respect of offenders below a certain age,
and any reference to serving a sentence of detention is to be construed accordingly.
SCHEDULE 34A Child sex offences for purposes of section 327A
Offences under provisions repealed by Sexual Offences Act 2003
1 An offence under—
(a) section 5 or 6 of the Sexual Offences Act 1956 (intercourse with girl under 13 or 16), or
(b) section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).
2 An offence under any of—
(a) section 1 of that Act (rape),
(b) section 10 of that Act (incest by a man), and
(c) sections 12 to 16 of that Act (buggery, indecency between men, indecent assault and assault with intent to commit buggery),
where the victim or (as the case may be) the other party was under 18 at the time of the offence.
3 An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14).
4 An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape where the intended offence was an offence against a person under 18.
5 An offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).
6 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).
Other offences
7 An offence under any of—
(a) sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),
(b) sections 9 to 15A of that Act (child sex offences),
(c) sections 16 to 19 of that Act (abuse of position of trust),
(d) sections 25 and 26 of that Act (familial child sex offences), and
(e) sections 47 to 50 of that Act ( sexual exploitation of children ).
8 An offence under any of—
(a) sections 1 to 4 of that Act (rape, assault and causing sexual activity without consent),
(b) sections 30 to 41 of that Act (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder), and
(c) section 61 of that Act (administering a substance with intent),
where the victim of the offence was under 18 at the time of the offence.
9 An offence under section 62 or 63 of that Act (committing an offence with intent to commit a sexual offence and trespass with intent to commit a sexual offence) where the intended offence was an offence against a person under 18.
10 An offence under section 66 , 66A, 66B(2) or (3) , 67 or 67A of that Act (exposure , sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification and voyeurism) where the victim or intended victim of the offence was under 18 at the time of the offence.
11 An offence under—
(a) section 1 of the Protection of Children Act 1978 (indecent photographs of children), or
(b) section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child).
12 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles) where the prohibited goods included any indecent photograph showing a person under 18.
13 An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) in relation to an image showing a person under 18.
13ZA An offence under section 67A of that Act (possession or publication of pornographic images of strangulation or suffocation) in relation to an image showing a person under 18.
13ZB An offence under section 67E of that Act (possession or publication of pornographic images of sex between relatives) in relation to an image showing a person under 18.
13ZC An offence under section 67H of that Act (possession or publication of pornographic images of sexual activity with child under 16) in relation to an image showing a person under 18.
13A An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children).
13B An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).
General
14 A reference in this Schedule to an offence (“offence A”) includes—
(a) a reference to an attempt to commit offence A,
(b) a reference to a conspiracy to commit offence A,
(c) a reference to incitement to commit offence A,
(d) a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and
(e) a reference to aiding and abetting, counselling or procuring the commission of offence A.
15 A reference in this Schedule to an offence (“offence A”) includes—
(a) a reference to an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning given by the section in question) is offence A, and
(b) a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is offence A;
and section 48 of that Act (attempts etc. outside England and Wales) applies for the purposes of paragraph (b) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph.
SCHEDULE 35 Criminal record certificates: amendments of Part 5 of Police Act 1997
Section 328
1 The Police Act 1997 (c. 50) is amended as follows.
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 (1) Section 113 (criminal record certificates) is amended as follows.
(2) In subsection (1)—
(a) at the beginning there is inserted “ Subject to subsection (4A) ”,
(b) in paragraph (a), after “prescribed” there is inserted “ manner and ”, and
(c) in paragraph (b), after “pays” there is inserted “ in the prescribed manner ”.
(3) After subsection (4) there is inserted—
(4A) The Secretary of State may treat an application under this section as an application under section 115 if—
(a) in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,
(b) the registered person provides him with the statement required by subsection (2) of that section, and
(c) the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under section 115 exceeds the fee paid in relation to the application under this section.
.
4 (1) Section 115 (enhanced criminal record certificates) is amended as follows.
(2) In subsection (1)—
(a) at the beginning there is inserted “ Subject to subsection (9A), ”,
(b) in paragraph (a), after “prescribed” there is inserted “ manner and ”, and
(c) in paragraph (b), after “pays” there is inserted “ in the prescribed manner ”.
(3) In subsection (2), for paragraphs (a) to (c) there is substituted “ for such purposes as may be prescribed under this subsection ”.
(4) Subsections (3) to (5) and subsections (6C) to (6E) are omitted.
(5) After subsection (9) there is inserted—
(9A) The Secretary of State may treat an application under this section as an application under section 113 if in his opinion the certificate is not required for a purpose prescribed under subsection (2).
(9B) Where by virtue of subsection (9A) the Secretary of State treats an application under this section as an application under section 113, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113.
5 In section 116 (enhanced criminal record certificates: judicial appointments and Crown employment), in subsection (2)(b), for the words from “to which” onwards there is substituted “ of such description as may be prescribed ”.
6 (1) Section 120 (registered persons) is amended as follows.
(2) For subsection (2) there is substituted—
(2) Subject to regulations under section 120ZA and 120AA and to section 120A the Secretary of State shall include in the register any person who—
(a) applies to him in writing to be registered,
(b) satisfies the conditions in subsections (4) to (6), and
(c) has not in the period of two years ending with the date of the application been removed from the register under section 120A or 120AA.
(3) Subsection (3) is omitted.
7 After section 120 there is inserted—
Regulations about registration
120ZA (1) The Secretary of State may by regulations make further provision about registration.
(2) Regulations under this section may in particular make provision for—
(a) the payment of fees,
(b) the information to be included in the register,
(c) the registration of any person to be subject to conditions,
(d) the nomination by—
(i) a body corporate or unincorporate, or
(ii) a person appointed to an office by virtue of any enactment,
of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part, and
(e) the refusal by the Secretary of State, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised.
(3) The provision which may be made by virtue of subsection (2)(c) includes provision—
(a) for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Secretary of State thinks fit, and
(b) for the Secretary of State to vary or revoke those conditions.
(4) The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—
(a) requiring a registered person, before he countersigns an application at an individual’s request, to verify the identity of that individual in the prescribed manner,
(b) requiring an application under section 113 or 115 to be transmitted by electronic means to the Secretary of State by the registered person who countersigns it, and
(c) requiring a registered person to comply with any code of practice for the time being in force under section 122.
8 At the end of the sidenote to section 120A (refusal and cancellation of registration) there is inserted “ on grounds related to disclosure ”.
9 After section 120A there is inserted—
Refusal, cancellation or suspension of registration on other grounds
120AA (1) Regulations may make provision enabling the Secretary of State in prescribed cases to refuse to register a person who, in the opinion of the Secretary of State, is likely to countersign fewer applications under this Part in any period of twelve months than a prescribed minimum number.
(2) Subsection (3) applies where a registered person—
(a) is, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under this Part,
(b) has, in any period of twelve months during which he was registered, countersigned fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or
(c) has failed to comply with any condition of his registration.
(3) Subject to section 120AB, the Secretary of State may—
(a) suspend that person’s registration for such period not exceeding 6 months as the Secretary of State thinks fit, or
(b) remove that person from the register.
Procedure for cancellation or suspension under section 120AA
120AB (1) Before cancelling or suspending a person’s registration by virtue of section 120AA, the Secretary of State must send him written notice of his intention to do so.
(2) Every such notice must—
(a) give the Secretary of State’s reasons for proposing to cancel or suspend the registration, and
(b) inform the person concerned of his right under subsection (3) to make representations.
(3) A person who receives such a notice may, within 21 days of service, make representations in writing to the Secretary of State as to why the registration should not be cancelled or suspended.
(4) After considering such representations, the Secretary of State must give the registered person written notice—
(a) that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or
(b) that he does not propose to take any further action.
(5) If no representations are received within the period mentioned in subsection (3) the Secretary of State may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.
(6) Subsection (1) does not prevent the Secretary of State from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.
(7) Any notice under this section that is required to be given in writing may be given by being transmitted electronically.
(8) This section does not apply where—
(a) the Secretary of State is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of countersigning applications under this Part, or
(b) the registered person has requested to be removed from the register.
(9) The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations.
10 After section 122 there is inserted—
Delegation of functions of Secretary of State
122A (1) The Secretary of State may, to such extent and subject to such conditions as he thinks fit, delegate any relevant function of his under this Part to such person as he may determine.
(2) A function is relevant for the purposes of subsection (1) if it does not consist of a power—
(a) to make regulations, or
(b) to publish or revise a code of practice or to lay any such code before Parliament.
(3) A delegation under subsection (1) may be varied or revoked at any time.
11 After section 124 (offences: disclosure) there is inserted—
Further offences: disclosure of information obtained in connection with delegated function
124A (1) Any person who is engaged in the discharge of functions conferred by this Part on the Secretary of State commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,—
(a) to another person engaged in the discharge of those functions,
(b) to the chief officer of a police force in connection with a request under this Part to provide information to the Secretary of State, or
(c) to an applicant or registered person who is entitled under this Part to the information disclosed to him.
(2) Where information is disclosed to a person and the disclosure—
(a) is an offence under subsection (1), or
(b) would be an offence under subsection (1) but for subsection (3)(a), (d) or (e),
the person to whom the information is disclosed commits an offence if he discloses it to any other person.
(3) Subsection (1) does not apply to a disclosure of information which is made—
(a) with the written consent of the person to whom the information relates,
(b) to a government department,
(c) to a person appointed to an office by virtue of any enactment,
(d) in accordance with an obligation to provide information under or by virtue of any enactment, or
(e) for some other purpose specified in regulations made by the Secretary of State.
(4) A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both.
(5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.
12 In section 125 (regulations)—
(a) subsection (3) is omitted, and
(b) in subsection (4), the words “to which subsection (3) does not apply” are omitted.
SCHEDULE 36 Further minor and consequential amendments
Section 331
Part 1 Bail
Bail Act 1976 (c. 63)
1 The Bail Act 1976 is amended as follows.
3 In Part 3 of Schedule 1 (interpretation) for paragraph 2 there is substituted—
2 References in this Schedule to previous grants of bail include—
(a) bail granted before the coming into force of this Act;
(b) as respects the reference in paragraph 2A of Part 1 of this Schedule (as substituted by section 14(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph;
(c) as respects the references in paragraph 6 of Part 1 of this Schedule (as substituted by section 15(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph;
(d) as respects the references in paragraph 9AA of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;
(e) as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;
(f) as respects the reference in paragraph 5 of Part 2 of this Schedule (as substituted by section 13(4) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph.
Supreme Court Act 1981 (c. 54)
4 (1) Section 81 of the Supreme Court Act 1981 (bail) is amended as follows.
(2) In subsection (1)(g) after “examination)” there is inserted “ , section 52(5) of the Crime and Disorder Act 1998 (adjournment of proceedings under section 51 etc) ”.
(3) In subsection (1)(g) the word “or” at the end of sub-paragraph (ii) is omitted and after that sub-paragraph there is inserted—
(iia) section 17C (intention as to plea: adjournment);
.
(4) In subsection (1)(g) after sub-paragraph (iii) there is inserted
or
(iiia) section 24C (intention as to plea by child or young person: adjournment);
.
Police and Criminal Evidence Act 1984 (c. 60)
5 In section 38(2A) of the Police and Criminal Evidence Act 1984 (bail granted by custody officer after charge)—
(a) for “2” there is substituted “ 2(1) ”, and
(b) after “1976” there is inserted “ (disregarding paragraph 2(2) of that Part) ”.
Part 2 Charging etc
Criminal Law Act 1977 (c. 45)
6 In section 39 of the Criminal Law Act 1977 (service of summons and citation throughout United Kingdom) for subsection (1) there is substituted—
(1) The following documents, namely—
(a) a summons requiring a person charged with an offence to appear before a court in England or Wales,
(b) a written charge (within the meaning of section 29 of the Criminal Justice Act 2003) charging a person with an offence,
(c) a requisition (within the meaning of that section) requiring a person charged with an offence to appear before a court in England or Wales, and
(d) any other document which, by virtue of any enactment, may or must be served on a person with, or at the same time as, a document mentioned in paragraph (a), (b) or (c) above,
may, in such manner as may be prescribed by rules of court, be served on him in Scotland or Northern Ireland.
Prosecution of Offences Act 1985 (c. 23)
10 (1) Section 15 of the Prosecution of Offences Act 1985 (interpretation) is amended as follows.
(2) In subsection (1) after the definition of “public authority” there is inserted—
“public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003;
.
(3) In subsection (2), after paragraph (b) there is inserted—
(ba) where a public prosecutor issues a written charge and requisition for the offence, when the written charge and requisition are issued;
.
Proceeds of Crime Act 2002 (c. 29)
15 (1) Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows.
(2) In subsection (1), after paragraph (a) there is inserted—
(aa) when a public prosecutor issues a written charge and requisition in respect of the offence;
.
(3) After subsection (8) there is inserted—
(9) In this section “public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.
Part 3 Disclosure
Prosecution of Offences Act 1985 (c. 23)
17 In section 22B of the Prosecution of Offences Act 1985 (re-institution of proceedings stayed under section 22(4) or 22A(5)), in subsection (5)(a) for “section 3, 4, 7 or 9” there is substituted “ section 3, 4 or 7A ”.
Criminal Justice Act 1987 (c. 38)
18 In section 9 of the Criminal Justice Act 1987 (preparatory hearings in serious fraud cases etc.), paragraphs (i) and (iii) of subsection (5) are omitted.
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
19 In Article 8 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (preparatory hearings in serious fraud cases etc.), sub-paragraphs (i) and (iii) of paragraph (5) are omitted.
Criminal Procedure and Investigations Act 1996 (c. 25)
20 The Criminal Procedure and Investigations Act 1996 is amended as follows.
21 In section 3 (primary disclosure by prosecutor), for the heading there is substituted “Initial duty of prosecutor to disclose”.
22 In section 4 (primary disclosure: further provisions), in the heading for “Primary disclosure” there is substituted “ Initial duty to disclose ”.
23 In section 5 (compulsory disclosure by accused), subsections (6) to (9) are omitted.
24 In section 6 (voluntary disclosure by accused), subsection (3) is omitted.
25 Section 7 (secondary disclosure by prosecutor) shall cease to have effect.
26 Section 9 (continuing duty of prosecutor to disclose) shall cease to have effect.
27 In section 10 (prosecutor’s failure to observe time limits), in subsection (1), for paragraph (b) there is substituted—
(b) purports to act under section 7A(5) after the end of the period which, by virtue of section 12, is the relevant period for section 7A.
28 In section 12 (time limits)—
(a) in subsection (1), for “and 7” there is substituted “ , 6B, 6C and 7A(5) ”;
(b) in subsection (5), for “7” there is substituted “ 7A(5) ”.
29 In section 13 (time limits: transitional), for subsection (2) there is substituted—
(2) As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 7A, section 7A(5) shall have effect as if—
(a) in paragraph (a) for the words from “during the period” to the end, and
(b) in paragraph (b) for “during that period”,
there were substituted “ as soon as is reasonably practicable after the accused gives the statement in question ”.
30 In section 14 (public interest: review for summary trials), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted “ 7A(8) or 8(5) ”.
31 In section 15 (public interest: review in other cases), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted “ 7A(8) or 8(5) ”.
32 In section 16 (applications: opportunity to be heard), in paragraph (a) and in the words after paragraph (c), for “7(5), 8(5), 9(8)” there is substituted “ 7A(8), 8(5) ”.
33 In section 17 (confidentiality of disclosed information), in subsection (1)(a), for “7, 9” there is substituted “ 7A ”.
34 In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5), 9(8)” there is substituted “ 5(5B), 6B(6), 6E(5), 7A(8), 8(2) or (5) ”.
35 In section 20 (other statutory rules as to disclosure)—
(a) subsection (2) is omitted, and
(b) in subsection (5)(a), for “sections 3 to 9” there is substituted “ sections 3 to 8 ”.
36 In section 31 (preparatory hearings in complex cases etc.), paragraphs (a) and (c) of subsection (6) are omitted.
37 (1) Section 77 (orders and regulations) is amended as follows.
(2) In subsection (5)—
(a) after “No” there is inserted “ regulations or ”, and
(b) after “section” there is inserted “ 6A or ”.
(3) In subsection (6)(b) after “regulations” there is inserted “ (other than regulations under section 6A) ”.
38 In Schedule 4 (modifications for Northern Ireland), in paragraph 7, for “3(6), 7(5), 8(5) or 9(8)” there is substituted “ 3(6), 7A(8) or 8(5) ”.
Sexual Offences (Protected Material) Act 1997 (c. 39)
39 In section 9(4) of the Sexual Offences (Protected Material) Act 1997 (which, when in force, will add a subsection (6) to section 1 of the Criminal Procedure and Investigations Act 1996), for “section 3, 7 or 9” there is substituted “ section 3 or 7A ”.
Part 4 Trials on indictment without a jury
Indictments Act 1915 (c. 90)
40 (1) Section 5 of the Indictments Act 1915 (orders for amendment of indictment, separate trial and postponement of trial) is amended as follows.
(2) In subsection (5)(a) for “are to” there is substituted “ (if there is one) ”.
(3) In subsection (5)(b) after “discharged” there is inserted “ under paragraph (a) ”.
Criminal Law Act 1967 (c. 58)
41 In section 6(4) of the Criminal Law Act 1967 (trial of offences) after “jury” there is inserted “ or otherwise act ”.
Criminal Justice Act 1967 (c. 80)
42 In section 17 of the Criminal Justice Act 1967 (entry of verdict of not guilty by order of a judge)—
(a) for “the defendant being given in charge to a jury” there is substituted “ any further steps being taken in the proceedings ”, and
(b) after “verdict of a jury” there is inserted “ or a court ”.
Criminal Law Act (Northern Ireland) 1967 (c. 18)
43 In section 6(3) of the Criminal Law Act (Northern Ireland) 1967 (trial of offences) after “jury” there is inserted “ or otherwise act ”.
Criminal Appeal Act 1968 (c. 19)
44 In section 7(2)(c) of the Criminal Appeal Act 1968 (power to order retrial)—
(a) for “the jury were discharged from giving a verdict” there is substituted “ no verdict was given ”, and
(b) for “convicting him” there is substituted “ his being convicted ”.
Judicature (Northern Ireland) Act 1978 (c. 23)
45 (1) Section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial on indictment) is amended as follows.
(2) In subsection (6A) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.
(3) After subsection (6A) there is inserted—
(6B) The reference in subsection (6A) to the time when the jury are sworn includes the time when the jury would be sworn but for—
(a) the making of an order under Part 7 of the Criminal Justice Act 2003, or
(b) the application of section 5 of the Justice and Security (Northern Ireland) Act 2007 .
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
46 In section 6(3)(c) of the Criminal Appeal (Northern Ireland) Act 1980 (power to order retrial) for “the jury were discharged from giving a verdict” there is substituted “ no verdict was given ”.
Supreme Court Act 1981 (c. 54)
47 (1) Section 76 of the Supreme Court Act 1981 (committal for trial: alteration of place of trial) is amended as follows.
(2) In subsection (2A) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”
(3) After subsection (2A) there is inserted—
(2B) The reference in subsection (2A) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
Police and Criminal Evidence Act 1984 (c. 60)
48 (1) Section 77 of the Police and Criminal Evidence Act 1984 (confessions of mentally handicapped persons) is amended as follows.
(2) In subsection (1) after “indictment” there is inserted “ with a jury ”.
(3) In subsection (2) after “indictment” there is inserted “ with a jury ”.
(4) After subsection (2) there is inserted—
(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
Prosecution of Offences Act 1985 (c. 23)
49 The Prosecution of Offences Act 1985 is amended as follows.
50 In section 7A(6)(a) (powers of non-legal staff) for “by a jury” there is substituted “ on indictment ”.
51 (1) Section 22 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) is amended as follows.
(2) In subsection (11A)—
(a) for “when a jury is sworn” there is substituted “ at the time when a jury is sworn ”,
(b) for “a jury is sworn” there is substituted “ the time when a jury is sworn ”.
(3) After that subsection there is inserted—
(11AA) The references in subsection (11A) above to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
Criminal Justice Act 1987 (c. 38)
52 The Criminal Justice Act 1987 is amended as follows.
53 (1) Section 7 (power to order preparatory hearing) is amended as follows.
(2) In subsection (1) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.
(3) After subsection (2) there is inserted—
(2A) The reference in subsection (1) above to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
54 (1) Section 9 (the preparatory hearing) is amended as follows.
(2) In subsection (4)(b) for “the jury” there is substituted “ a jury ”.
(3) In subsection (13) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.
55 (1) Section 10 (later stages of trial) is amended as follows.
(2) In subsection (2) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.
(3) In subsection (3) for “deciding whether to give leave” there is substituted “ doing anything under subsection (2) above or in deciding whether to do anything under it ”.
(4) In subsection (4) for “Except as provided by this section” there is substituted “ Except as provided by this section, in the case of a trial with a jury ”.
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
56 The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 is amended as follows.
57 (1) Article 6 (power to order preparatory hearing) is amended as follows.
(2) In paragraph (1) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.
(3) After paragraph (2) there is inserted—
(2A) The reference in paragraph (1) to the time when the jury are sworn includes the time when the jury would be sworn but for—
(a) the making of an order under Part 7 of the Criminal Justice Act 2003, or
(b) the application of section 75 of the Terrorism Act 2000.
58 (1) Article 8 (the preparatory hearing) is amended as follows.
(2) In paragraph (4)(b) for “the jury” there is substituted “ a jury ”.
(3) In paragraph (12) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.
59 (1) Article 9 (later stages of trial) (as originally enacted) is amended as follows.
(2) In paragraph (1) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.
(3) In paragraph (2) for “deciding whether to give leave” there is substituted “ doing anything under paragraph (1) or in deciding whether to do anything under it ”.
(4) In paragraph (3) for “Except as provided by this Article” there is substituted “ Except as provided by this Article, in the case of a trial with a jury ”.
60 (1) Article 9 (later stages of trial) (as substituted by paragraph 6 of Schedule 3 to the Criminal Procedure and Investigations Act 1996 (c. 25)) is amended as follows.
(2) In paragraph (2) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.
(3) In paragraph (3) for “deciding whether to give leave” there is substituted “ doing anything under paragraph (2) or in deciding whether to do anything under it ”.
(4) In paragraph (4) for “Except as provided by this Article” there is substituted “ Except as provided by this Article, in the case of a trial with a jury ”.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
61 (1) Article 75 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (confessions of mentally handicapped persons) is amended as follows.
(2) In paragraph (1) after “indictment” there is inserted “ with a jury ”.
(3) In paragraph (2) after “indictment” there is inserted “ with a jury ”.
(4) After paragraph (2) there is inserted—
(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under paragraph (1) would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
Criminal Justice and Public Order Act 1994 (c. 33)
62 The Criminal Justice and Public Order Act 1994 is amended as follows.
63 In section 35(2) (effect of accused’s silence at trial) after “indictment” there is inserted “ with a jury ”.
64 In section 51(10)(b) (intimidation of witnesses, jurors and others) after “finding” there is inserted “ otherwise than in circumstances where the proceedings are continued without a jury ”.
Criminal Procedure and Investigations Act 1996 (c. 25)
65 The Criminal Procedure and Investigations Act 1996 is amended as follows.
66 (1) Section 29 (power to order preparatory hearing) is amended as follows.
(2) In subsection (1)(a) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.
(3) After subsection (4) there is inserted—
(5) The reference in subsection (1)(a) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
67 In section 31(4)(b) (the preparatory hearing) for “the jury” there is substituted “ a jury ”.
68 (1) Section 34 (later stages of trial) is amended as follows.
(2) In subsection (2) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.
(3) In subsection (3) for “deciding whether to give leave” there is substituted “ doing anything under subsection (2) or in deciding whether to do anything under it ”.
(4) In subsection (4) for “Except as provided by this section” there is substituted “ Except as provided by this section, in the case of a trial with a jury ”.
69 In section 35(2) (appeals to Court of Appeal) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.
70 In section 36(2) (appeals to House of Lords) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.
71 (1) Section 39 (meaning of pre-trial hearing) is amended as follows.
(2) In subsection (3)—
(a) for “when a jury is sworn” there is substituted “ at the time when a jury is sworn ”,
(b) for “a jury is sworn” there is substituted “ the time when a jury is sworn ”.
(3) After that subsection there is inserted—
(4) The references in subsection (3) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
72 (1) Schedule 4 (modifications for Northern Ireland) is amended as follows.
(2) In paragraph 15 after the substituted version of section 39(2) there is inserted—
(2A) But, for the purposes of this Part, a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003 is not a pre-trial hearing.
(3) In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—
(a) for “when a jury is sworn” there is substituted “ at the time when a jury is sworn ”, and
(b) for “a jury is sworn” there is substituted “ the time when a jury is sworn ”.
(4) After paragraph 15 there is inserted—
15A In section 39(4) for “(3)” substitute “ (3)(b) ”.
Crime and Disorder Act 1998 (c. 37)
73 In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal) for “a jury properly to convict him” there is substituted “ him to be properly convicted ”.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
74 The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
75 In section 32 (warning to jury) after “indictment” there is inserted “ with a jury ”.
76 In section 39(1) (warning to jury) after “indictment” there is inserted “ with a jury ”.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
77 In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (general interpretation) after “finding” there is inserted “ otherwise than in circumstances where the proceedings are continued without a jury ”.
Proceeds of Crime Act 2002 (c. 29)
78 In section 316(9)(c) of the Proceeds of Crime Act 2002 (general interpretation) after “finding” there is inserted “ otherwise than in circumstances where the proceedings are continued without a jury ”.
Part 5 Evidence
Criminal Procedure Act 1865 (c. 18)
79 In section 6 of the Criminal Procedure Act 1865 (witness’s conviction for offence may be proved if not admitted)—
(a) for “A witness may be” there is substituted “ If, upon a witness being lawfully ”;
(b) the words “and upon being so questioned, if” are omitted.
Criminal Evidence Act 1898 (c. 36)
80 In section 1 of the Criminal Evidence Act 1898 (defendant as witness)—
(a) at the beginning of subsection (2) there is inserted “ Subject to section 101 of the Criminal Justice Act 2003 (admissibility of evidence of defendant’s bad character), ”;
(b) subsection (3) is omitted.
Army Act 1955 (c. 18)
81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Air Force Act 1955 (c. 19)
82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Naval Discipline Act 1957 (c. 53)
83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Armed Forces Act 1976 (c. 52)
84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police and Criminal Evidence Act 1984 (c. 60)
85 (1) Section 74 of the Police and Criminal Evidence Act 1984 (conviction as evidence of commission of offence) is amended as follows.
(2) In subsection (1) (commission of offence by non-defendant) for the words from “, where to do so” to “committed that offence” there is substituted “ that that person committed that offence, where evidence of his having done so is admissible ”.
(3) In subsection (3) (commission of offence by defendant) the words from “in so far” to “he is charged,” are omitted.
Part 6 Miscellaneous
Criminal Appeal Act 1968 (c. 19)
86 The Criminal Appeal Act 1968 is amended as follows.
87 In section 31(1) (powers of Court of Appeal exercisable by single judge) after paragraph (a) there is inserted—
(aa) the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;
.
88 In section 31A (powers of Court of Appeal exercisable by registrar) after subsection (4) there is inserted—
(5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.
89 In section 45 (construction of references to Court of Appeal)—
(a) in subsection (1), for “section 44A” there is substituted “ sections 44A and 51 ”,
(b) in subsection (2) after “sections” there is inserted “ 23A, ”.
90 (1) Section 51 (interpretation) is amended as follows.
(2) In subsection (1) the definition of “the defendant” is omitted.
(3) After that subsection there is inserted—
(1A) In Part 2 of this Act “the defendant”—
(a) in relation to an appeal under section 33(1) of this Act against a decision of the Court of Appeal on an appeal under Part 1 of this Act, means the person who was the appellant before the Court of Appeal,
(b) in relation to an appeal under section 33(1) of this Act against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court of Appeal, and
(c) in relation to an appeal under section 33(1B) of this Act, shall be construed in accordance with section 33(4) of this Act;
and, subject to section 33(1A) of this Act, “prosecutor” shall be construed accordingly.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
91 The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.
92 (1) Section 19 (legal aid) is amended as follows.
(2) In subsection (1) after “an appeal” there is inserted “ under this Part of this Act ”.
(3) In subsection (1A) for “for the purpose” there is substituted “ in respect ”.
(4) In subsection (1A)(a)—
(a) the words “application for leave to” are omitted, and
(b) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.
(5) For subsection (1A)(b) there is substituted—
(b) any other appeal to the Court of Appeal under any Northern Ireland legislation (whenever passed or made) from proceedings before the Crown Court; or
(c) an application for leave to appeal in relation to an appeal mentioned in paragraph (a) or (b) above.
(6) After subsection (1A) there is inserted—
(1B) The Crown Court or the Court of Appeal may order that an acquitted person shall be given legal aid in respect of an application made in relation to him under section 76 of the Criminal Justice Act 2003.
(7) In subsection (3) for “an appellant” there is substituted “ a person ”.
93 (1) Section 28 (costs) is amended as follows.
(2) In subsection (2)(a) for “this Part” there is substituted “ section 19(1) ”.
(3) After subsection (2) there is inserted—
(2AA) The expenses of any solicitor or counsel assigned to a person pursuant to a grant of legal aid under section 19(1A) or (1B) of this Act shall, up to an amount allowed by the Master (Taxing Office), be defrayed by the Lord Chancellor.
(4) In subsection (2A) after “(2)(a)” there is inserted “ or (2AA) ”.
(5) In subsection (2G)—
(a) after “(2)(a)” there is inserted “ or (2AA) ”, and
(b) for “subsection (2)” there is substituted “ subsections (2) and (2AA) ”.
94 For section 31(3) (definition of defendant and prosecutor) there is substituted—
(3) In this Part of this Act “the defendant”—
(a) in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court;
(b) in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court;
(c) in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below;
and, subject to subsection (1A) above, “prosecutor” shall be construed accordingly.
95 In section 45 (powers of Court of Appeal exercisable by single judge) after subsection (3B) there is inserted—
(3C) Subject to section 44(4) above, the power of the Court of Appeal to give leave under section 14(4B) of the Criminal Appeal Act 1995 may be exercised by a single judge of the Court.
Criminal Justice Act 1988 (c. 33)
96 In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—
(a) in subsection (3), for “10” there is substituted “ 11 ”,
(b) in subsection (9)(b), for “10 and 35(1)” there is substituted “ 11 and 35(1) ”.
Criminal Appeal Act 1995 (c. 35)
97 In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by Criminal Cases Review Commission for Court of Appeal) for “case”, in both places where it occurs, there is substituted “ appeal or application for leave to appeal ”.
Section 332
Part 1 Repeals relating to amendments of Police and Criminal Evidence Act 1984
Short title and chapter | Extent of repeal
Police and Criminal Evidence Act 1984 (c. 60) | In section 1(8), the word “and” at the end of paragraph (c). In section 54(1), the words “and record or cause to be recorded”. In section 63(3)(a), the words “is in police detention or”. In section 67— the word “such” in subsections (9), (10)(a), (b) and (c) and in both places where it occurs in subsection (11), and the words “of practice to which this section applies” in subsection (9A). In section 113— in subsection (4), the words “issued under that subsection”, in subsection (8), the words “of practice issued under this section”, and in subsection (10), the word “such” in both places where it occurs.
Criminal Justice and Public Order Act 1994 (c. 33) | Section 29(3).
Armed Forces Act 2001 (c. 19) | In section 2(9), the word “and” at the end of paragraph (c).
Police Reform Act 2002 (c. 30) | In Schedule 7, paragraph 9(1) and (6).
Part 2 Bail
Short title and chapter | Extent of repeal
Criminal Justice Act 1967 (c. 80) | In section 22, in subsection (1) the words “subject to section 25 of the Criminal Justice and Public Order Act 1994” and in subsection (3) the words from “except that” to the end.
Courts Act 1971 (c. 23) | In Schedule 8, in paragraph 48(b), the word “22(3)”.
Bail Act 1976 (c. 63) | In section 3(6), the words “to secure that”. In section 3A(5), the words “for the purpose of preventing that person from”. In section 5, in subsection (3), the words from “with a view” to “another court”, and in subsection (6), in paragraph (a) the words “to the High Court or” and paragraph (b). In section 5A(2), in the substituted version of section 5(3), the words from “with a view” to “vary the conditions”.
Supreme Court Act 1981 (c. 54) | In section 81(1)(g), the word “or” at the end of sub-paragraph (ii).
Criminal Justice Act 1991 (c. 53) | In Schedule 11, in paragraph 22(2), the words “and the words” onwards.
Criminal Justice and Public Order Act 1994 (c. 33) | Section 26. In Schedule 10, paragraphs 15 and 34.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In Schedule 9, paragraph 87(b).
Part 3 Disclosure
Short title and chapter | Extent of repeal
Criminal Justice Act 1987 (c. 38) | In section 9(5)(i) and (iii).
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16)) | Article 8(5)(i) and (iii).
Criminal Procedure and Investigations Act 1996 (c. 25) | Section 5(6) to (9). Section 6(3). Section 7. Section 9. Section 20(2). Section 31(6)(a) and (c).
Part 4 Allocation and sending of offences
Short title and chapter | Extent of repeal
Bankers' Books Evidence Act 1879 (c. 11) | In section 4, the paragraph beginning “Where the proceedings”. In section 5, the paragraph beginning “Where the proceedings”.
Explosive Substances Act 1883 (c. 3) | Section 6(3).
Criminal Justice Act 1925 (c. 86) | Section 49(2).
Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) | In section 2(2), paragraphs (aa) to (ac), paragraphs (iA) and (iB), and the words from “and in paragraph (iA)” to the end.
Criminal Justice Act 1948 (c. 58) | Section 41(5A). In section 80, the definition of “Court of summary jurisdiction”.
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45) | In the Schedule, in paragraph 4, the words “and section 2 of the Poor Prisoners Defence Act 1930 (legal aid before examining justices)”.
Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69) | Section 2(5).
Criminal Justice Act 1967 (c. 80) | In section 9(1), the words “, other than committal proceedings”. In section 36(1), the definition of “committal proceedings”.
Criminal Appeal Act 1968 (c. 19) | In section 9(2), the words from “section 41” to “either way offence”.
Firearms Act 1968 (c. 27) | In Schedule 6, in Part 2, paragraph 3.
Theft Act 1968 (c. 60) | Section 27(4A).
Criminal Justice Act 1972 (c. 71) | In section 46, subsections (1A) to (1C).
Bail Act 1976 (c. 63) | In section 3, subsections (8A) and (8B), and the subsection (10) inserted by paragraph 12(b) of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33). Section 5(6A)(a)(i).
Criminal Law Act 1977 (c. 45) | In Schedule 12, the entry relating to the Firearms Act 1968 (c. 27).
Interpretation Act 1978 (c. 30) | In Schedule 1, in the definition of “Committed for trial”, paragraph (a).
Customs and Excise Management Act 1979 (c. 2) | Section 147(2).
Magistrates' Courts Act 1980 (c. 43) | Sections 4 to 8, and the cross-heading preceding section 4. In section 8B(6)(a), the words “commits or”. Section 24(1A) and (2). In section 25, subsections (3) to (8). . . . Section 42. Section 97A. Section 103. Section 106. In section 128, in subsection (1)(b), the words “inquiring into or”, and in each of subsections (1A)(a), (3A), (3C)(a) and (3E)(a), the word “5,”. In section 130(1), the word “5,”. Section 145(1)(f). In section 150(1), the definition of “committal proceedings”. In section 155(2)(a), the words “8 (except subsection (9))”. In Schedule 3, paragraph 2(a). In Schedule 5, paragraph 2. In Schedule 7, paragraph 73.
Criminal Justice (Amendment) Act 1981 (c. 27) | The whole Act.
Criminal Attempts Act 1981 (c. 47) | In section 2(2)(g), the words “or committed for trial”.
Contempt of Court Act 1981 (c. 49) | Section 4(4).
Supreme Court Act 1981 (c. 54) | Section 76(5). Section 77(4). In section 81— in subsection (1)(a), the words “who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision or”, subsection (1)(g)(i), subsection (7).
Criminal Justice Act 1982 (c. 48) | Section 61. In Schedule 9, paragraph 1(a).
Mental Health Act 1983 (c. 20) | In section 52(7)(b), the words “where the court proceeds under subsection (1) of that section,”.
Police and Criminal Evidence Act 1984 (c. 60) | Section 62(10)(a)(i). In section 71, the paragraph beginning “Where the proceedings”. Section 76(9). Section 78(3).
Prosecution of Offences Act 1985 (c. 23) | In section 16, subsections (1)(b), (2)(aa) and (12). In section 23A(1)(b), the words from “under” to “1998”. In Schedule 1, paragraphs 2 and 3.
Criminal Justice Act 1987 (c. 38) | Sections 4 to 6. In section 11— subsection (2)(a), subsection (3), in subsection (7), the word “(3),”, in subsection (8), the word “(3),”, subsections (9) and (10), in subsection (11), paragraphs (a) and (d). In Schedule 2, paragraphs 1, 9 and 14.
Criminal Justice Act 1988 (c. 33) | Section 23(5). Section 24(5). In section 26, the paragraph beginning “This section shall not apply”. In section 27, the paragraph beginning “This section shall not apply”. Section 30(4A). Section 33. In section 40(1), the words “were disclosed to a magistrates' court inquiring into the offence as examining justices or”. Section 41. Section 144. In Schedule 15, paragraphs 10, 66 and 104.
Road Traffic Offenders Act 1988 (c. 53) | Section 11(3A). Section 13(7). Section 16(6A). Section 20(8A).
Courts and Legal Services Act 1990 (c. 41) | In Schedule 18, paragraph 25(5).
Broadcasting Act 1990 (c. 42) | In Schedule 20, paragraph 29(1).
Criminal Justice Act 1991 (c. 53) | Section 53. Section 55(1). Schedule 6. In Schedule 11, paragraph 25.
Criminal Justice and Public Order Act 1994 (c. 33) | Section 34(2)(a). Section 36(2)(a). Section 37(2)(a). In Schedule 9, paragraphs 12, 17(c), 18(d), 25, 27, 29 and 49. In Schedule 10, paragraphs 40 and 71.
Criminal Procedure and Investigations Act 1996 (c. 25) | In section 1(2), paragraphs (a) to (c) and, in paragraph (cc), the words from “under” to the end. In section 5, subsections (2) and (3). In section 13(1), paragraphs (a) to (c) of the modified section 3(8). Section 28(1)(b). Section 44(3). Section 45. Section 49(4). Section 68. In Schedule 1, paragraphs 2 to 5, 8, 10, 12, 13, 15 to 19, 22(3), 24 to 26, 28 to 32, and 34 to 38. Schedule 2.
Sexual Offences (Protected Material) Act 1997 (c. 39) | Section 9(1).
Crime and Disorder Act 1998 (c. 37) | Section 47(6). In section 50(1), the words “unless the accused falls to be dealt with under section 51 below”. In Schedule 3, in paragraph 2, sub-paragraphs (4) and (5), paragraph 12, and in paragraph 13(2), the words from “unless” to the end. In Schedule 8, paragraphs 8, 37, 40, 65 and 93.
Access to Justice Act 1999 (c. 22) | Section 67(3). In Schedule 4, paragraphs 16, 39 and 47. In Schedule 13, paragraphs 96, 111 and 137.
Youth Justice and Criminal Evidence Act 1999 (c. 23) | Section 27(10). In section 42(3), paragraphs (a) and (b).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In section 89(2)(b), the words “trial or”. In section 140(1)(b), the words “was committed to the Crown Court to be tried or dealt with or by which he”. In Schedule 9, paragraphs 62, 63, 64(2), 65, 91 and 201. In Schedule 11, paragraph 9.
Part 5 Evidence of bad character
Short title and chapter | Extent of repeal
Criminal Procedure Act 1865 (c. 18) | In section 6, the words “and upon being so questioned, if”.
Criminal Evidence Act 1898 (c. 36) | Section 1(3).
Children and Young Persons Act 1963 (c. 37) | Section 16(2) and (3).
Criminal Evidence Act 1979 (c. 16) | In section 1, the words from “each of the following” to “1898, and”.
Police and Criminal Evidence Act 1984 (c. 60) | In section 74(3), the words from “in so far” to “he is charged,”.
Criminal Justice and Public Order Act 1994 (c. 33) | Section 31.
Crime (Sentences) Act 1997 (c. 43) | In Schedule 4, paragraph 4.
Youth Justice and Criminal Evidence Act 1999 (c. 23) | In Schedule 4, paragraph 1(5).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In Schedule 9, paragraph 23.
Part 6 Hearsay evidence
Short title and chapter | Extent of repeal
Registered Designs Act 1949 (c. 88) | In section 17, in subsection (8) the words “Subject to subsection (11) below,” and in subsection (10) the words “, subject to subsection (11) below,”.
Patents Act 1977 (c. 37) | In section 32, in subsection (9) the words “Subject to subsection (12) below,” and in subsection (11) the words “, subject to subsection (12) below,”.
Criminal Justice Act 1988 (c. 33) | Part 2. Schedule 2. In Schedule 13, paragraphs 2 to 5. In Schedule 15, paragraph 32. In Schedule 4, paragraph 6(2).
Finance Act 1994 (c. 9) | Section 22(2)(b). In Schedule 7, paragraph 1(6)(b).
Value Added Tax Act 1994 (c. 23) | In Schedule 11, paragraph 6(6)(b).
Criminal Justice and Public Order Act 1994 (c. 33) | In Schedule 9, paragraph 31.
Civil Evidence Act 1995 (c. 38) | In Schedule 1, paragraph 12.
Finance Act 1996 (c. 8) | In Schedule 5, paragraph 2(6)(a).
Criminal Procedure and Investigations Act 1996 (c. 25) | In Schedule 1, paragraphs 28 to 31.
Crime and Disorder Act 1998 (c. 37) | In Schedule 3, paragraph 5(4).
Youth Justice and Criminal Evidence Act 1999 (c. 23) | In Schedule 4, paragraph 16.
Finance Act 2000 (c. 17) | In Schedule 6, paragraph 126(2)(a).
Finance Act 2001 (c. 9) | In Schedule 7, paragraph 3(2)(a).
Crime (International Co-operation) Act 2003 (c. 32) | In section 9(4), the words “section 25 of the Criminal Justice Act 1988 or”.
Part 7 Sentencing: general
Short title and chapter | Extent of repeal
Piracy Act 1837 (c. 88) | Section 3.
Children and Young Persons Act 1933 (c. 12) | In section 16(3), the words “mandatory and”.
Criminal Justice Act 1967 (c. 80) | In section 104, in subsection (1) the definition of “suspended sentence” and subsection (2).
Criminal Appeal Act 1968 (c. 19) | In section 10 subsection (2)(c) and the word “or” immediately preceding it. Section 11(4).
Social Work (Scotland) Act 1968 (c. 49) | In section 94(1), the definition of “community rehabilitation order”.
Bail Act 1976 (c. 63) | In section 2(1)(d), the words “placing the offender on probation or”.
Magistrates' Courts Act 1980 (c. 43) | In section 82(4A), paragraph (e) and the word “or” immediately preceding it. Section 133(2). In Schedule 6A, the entry relating to section 123(3) of the Powers of Criminal Courts (Sentencing) Act 2000.
Forgery and Counterfeiting Act 1981 (c. 45) | Section 23(1)(b), (2)(b) and (3)(b).
Mental Health Act 1983 (c. 20) | In section 37(1B), the words “109(2),”. In section 45A(1)(b), the words from “except” to “1997”.
Road Traffic Offenders Act 1988 (c. 53) | In section 46(1), paragraph (a) and the word “or” following it.
Football Spectators Act 1989 (c. 37) | In section 7, subsection (9) and in subsection (10)(b) the words from “(or” to the end.
Children Act 1989 (c. 41) | In section 68(2)(d), the words “a probation order has been made in respect of him or he has been”. In Schedule 9A, in paragraph 4(2)(g), the words “placed on probation or”.
Criminal Justice Act 1991 (c. 53) | Sections 32 to 51. Section 65. Schedule 5. In Schedule 12— in paragraph 8(8), paragraph (d), and in paragraph 9(3), paragraph (c).
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) | In section 10(1)(a), sub-paragraph (i) and the succeeding “or”.
Criminal Justice Act 1993 (c. 36) | Section 67(1).
Criminal Justice and Public Order Act 1994 (c. 33) | In section 25(3)(c), the words “placing the offender on probation or”.
Criminal Procedure (Scotland) Act 1995 (c. 46) | In section 234— in subsection (1), the words after paragraph (b), in subsection (3), the words from “or to vary” to “one hundred”, and subsection (11).
Crime (Sentences) Act 1997 (c. 43) | Sections 35 and 40. In Schedule 1, paragraph 15(5). In Schedule 2, paragraphs 2 and 3. In Schedule 4, paragraphs 6(2), 7, 10(1), 12(1), 13 and 15(10).
Crime and Disorder Act 1998 (c. 37) | In section 18, subsection (2). In section 38(4)(i), the words “section 37(4A) or 65 of the 1991 Act or”. Sections 59 and 60. Sections 80 and 81. Sections 99 and 100. Sections 101(1). Sections 103 to 105. In section 121(12), the words from the beginning to “paragraphs 56 to 60 of Schedule 8 to this Act;”. In Schedule 7, paragraph 50. In Schedule 8, paragraphs 11, 13(2), 56, 58, 59, 79 to 84, 86 to 91, 94, 97, 132 and 135(3) and (4).
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) | In Schedule 5, paragraph 28(b).
Access to Justice Act 1999 (c. 22) | Section 58(5).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | Section 6(4)(d). Section 12(4). Sections 34 to 36A. In section 36B, subsections (4) and (8) and, in subsection (9), the words from “a community punishment order” to “a drug abstinence order”. In section 37, in subsection (9) the words “who on conviction is under 16” and subsection (10). In section 40A, subsection (4), in subsection (9) the words “who on conviction is under 16” and subsection (10). Sections 41 to 59. In section 60, in subsection (1), paragraph (c) and the word “or” immediately preceding it. Section 62. Section 69(11). Section 73(7). Sections 78 to 82. Section 84. Section 85. Sections 87 and 88. Section 91(2). Section 100(4). Section 106(2) and (3). Section 109. Section 110(3). Section 111(3). In section 112(1)(a), the words “109,”. In section 113, in subsection (1)(a), the words “a serious offence or” and in subsection (3), the words “ “serious offence”,” and “109,”. In section 114(1)(b), the words “a serious offence,”. In section 115, the word “109,”. Sections 116 and 117. Sections 118 to 125. Sections 126 to 129. Sections 151 to 153. Sections 156 to 158. In section 159, the words “, 121(1) or 123(1)” and “paragraph 6(6) of Schedule 4 to this Act,”. In section 160— in subsection (2), in paragraph (a) the words from “42(2E)” to “Schedule 2” and in paragraph (b) the words from “122(7)” to the end, in subsection (3), in paragraph (a) the words “45, 50, 58, 58A(4), 85(7)”, paragraph (b) and the word “or” immediately preceding it, subsection (4), and in subsection (5), in paragraph (a) the words from “or paragraph 7” to the end, and in paragraph (b) the words from “42(2E)” to the end. Section 161(2) to (4). Section 162. In section 163, in the definition of “affected person”, paragraphs (b) and (c), the definitions of “the appropriate officer of the court”, “community punishment and rehabilitation order”, “community rehabilitation order”, “community rehabilitation period”, “community punishment order”, the definitions of “drug abstinence order”, “drug treatment and testing order”, “falling to be imposed under section 109(2), 110(2) or 11(2)”, “pre-sentence report”, “protecting the public from serious harm”', in the definition of “responsible officer”, paragraphs (b) to (ee) and the words from “except that” to “that section;”, the definitions of “review hearing”, “sexual offence”, “specified Class A drug”, “suspended sentence supervision order”, “the testing requirement”, “the treatment provider”, “the treatment requirement”, “the treatment and testing period”, “trigger offence” and “violent offence”. In section 168— in subsection (1), the words “to subsection (2) below and”, and subsections (2) and (3). Schedule 2. Schedule 4. In Schedule 7, paragraph 3(4). In Schedule 8, paragraph 3(4). In Schedule 9, paragraphs 7, 24(a), 26(2), 28, 29, 52, 54(3), 55, 61, 76, 81, 82, 89(2), 90(2), 94, 102, 137 to 145, 147(2) and (3)(a) to (d) and (e)(i), 151, 174, 176(2) to (5) and (7), 177(2) and (3), 184, 185, 186(3) and (4), 187(2), (3) and (5), 196 and 202.
Terrorism Act 2000 (c. 11) | In Schedule 15, paragraph 20.
Child Support, Pensions and Social Security Act 2000 (c. 19) | Section 62(10).
Criminal Justice and Court Services Act 2000 (c. 43) | Section 47 to 51. Sections 53 to 55. Section 63. Section 64(5)(e). In section 78(1), the definition of “community order”. In Schedule 7, paragraphs 1 to 3, 104 to 107, 111(b), 123(a) and (c) to (f), 124(a) and (b), 133, 139, 140, 161, 162, 165 to 172, 177, 179, 189, 196(c)(ii) and (iii), 197(c) and (g)(ii), 198 to 200 and 206(a).
Anti-terrorism, Crime and Security Act 2001 (c. 24) | Section 39(7).
Proceeds of Crime Act 2002 (c. 29) | In Schedule 11, paragraph 32.
Part 8 Life sentences
Short title and chapter | Extent of repeal
Murder (Abolition of Death Penalty) Act 1965 (c. 71) | Section 1(2).
Repatriation of Prisoners Act 1984 (c. 47) | In section 2(4)(b)(i), the words “or 29(1)”. Section 3(9). Paragraph 3 of the Schedule.
Crime (Sentences) Act 1997 (c. 43) | Section 29. Section 31(4). Section 33. In section 34(3), the words from the beginning to “advocate; and”.
Crime and Punishment (Scotland) Act 1997 (c. 48) | In Schedule 1, paragraph 10(3).
Crime and Disorder Act 1998 (c. 37) | In Schedule 8, paragraphs 57 and 60.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In section 82A, in subsection (4) the words “subject to subsection (5) below”, and subsections (5) and (6).
Part 9 Alteration of penalties for summary offences
Short title and chapter | Extent of repeal
Vagrancy Act 1824 (c. 83) | Section 5. Section 10.
Railway Regulation Act 1842 (c. 55) | In section 17, the words from “be imprisoned” (where first occurring) to “discretion of such justice, shall”.
London Hackney Carriages Act 1843 (c. 86) | In section 28, the words from “; or it shall be lawful” to the end.
Town Police Clauses Act 1847 (c. 89) | In section 28, the words from “, or, in the discretion” to “fourteen days”. In section 29, the words from “, or, in the discretion” to the end. In section 36, the words from “, or, in the discretion” to “one month”.
Ecclesiastical Courts Jurisdiction Act 1860 (c. 32) | In section 2, the words from “, or may, if the justices” to the end.
Town Gardens Protection Act 1863 (c. 13) | In section 5, the words “, or to imprisonment for any period not exceeding fourteen days”.
Public Stores Act 1875 (c. 25) | In section 8, the words from “, or, in the discretion” to the end.
North Sea Fisheries Act 1893 (c. 17) | In section 2— in paragraph (a), the words from “, or, in the discretion” to the end, and in paragraph (b), the words from “, or in the discretion” to the end. In section 3(a), the words from “, or, in the discretion” to the end.
Children and Young Persons Act 1933 (c. 12) | In section 4(1), the words from “, or alternatively” to the end.
Protection of Animals Act 1934 (c. 21) | In section 2, the words from “, or, alternatively” to the end.
Public Health Act 1936 (c. 49) | In section 287(5), the words from “or to imprisonment” to the end.
Essential Commodities Reserves Act 1938 (c. 51) | In section 4(2), the words from “or to imprisonment” to the end.
London Building Acts (Amendment) Act 1939 (c. xcvii) | In section 142(5), the words from “or to imprisonment” to the end.
Cancer Act 1939 (c. 13) | In section 4(2), the words from “or to imprisonment” to the end.
Civil Defence Act 1939 (c. 31) | In section 77, the words from “or to imprisonment” to the end.
Hill Farming Act 1946 (c. 73) | In section 19— in subsection (2), the words from “, or to imprisonment” to the end, and in subsection (3), the words from “or to imprisonment” to the end.
Agriculture Act 1947 (c. 48) | In section 14(7) (as remaining in force for the purposes of section 95), the words— “to imprisonment for a term not exceeding three months or”, and “or to both such imprisonment and such fine”. In section 95(3), the words— “to imprisonment for a term not exceeding three months or”, and “or to both such imprisonment and such fine”.
Civil Defence Act 1948 (c. 5) | In section 4(4), the words from “or to imprisonment” to the end.
Agricultural Wages Act 1948 (c. 47) | In section 12(7), the words from “or to imprisonment” to the end.
Wireless Telegraphy Act 1949 (c. 54) | In section 14(1B), the words— “to imprisonment for a term not exceeding three months or”, and “, or both”.
Prevention of Damage by Pests Act 1949 (c. 55) | In section 22(5), the words from “or to imprisonment” to the end.
Coast Protection Act 1949 (c. 74) | In section 25(9), the words from “or to imprisonment” to the end.
Pet Animals Act 1951 (c. 35) | In section 5— in subsection (1), the words “other than the last foregoing section” and the words from “or to imprisonment” to the end, and subsection (2).
Cockfighting Act 1952 (c. 59) | In section 1(1), the words— “to imprisonment for a term not exceeding three months, or”, and “, or to both such imprisonment and such fine”.
Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10) | In section 2(1)— paragraph (a) of the proviso, the word “; or” immediately preceding paragraph (b) of the proviso, and the words “or to both”.
Accommodation Agencies Act 1953 (c. 23) | In section 1(5), the words from “or to imprisonment” to the end.
Army Act 1955 (3 & 4 Eliz. 2 c. 18) | In section 19(1), the words “to imprisonment for a term not exceeding three months or”. In section 161, the words from “, or to imprisonment” to the end. In section 171(1), the words from “, or to imprisonment” to the end. In section 191, the words from “or to imprisonment” to the end. In section 193, the words from “or to imprisonment” to the end. In section 196(3), the words from “or to imprisonment” to the end. In section 197(3), the words from “or to imprisonment” to the end.
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) | In section 19(1), the words “to imprisonment for a term not exceeding three months or”. In section 161, the words from “, or to imprisonment” to the end. In section 171(1), the words from “, or to imprisonment” to the end. In section 191, the words from “or to imprisonment” to the end. In sections 193, the words from “or to imprisonment” to the end. In section 196(3), the words from “or to imprisonment” to the end. In section 197(3), the words from “or to imprisonment” to the end.
Naval Discipline Act 1957 (c. 53) | In section 96, the words from “or to imprisonment” to the end. In section 99(3), the words from “or to imprisonment” to the end.
Agricultural Marketing Act 1958 (c. 47) | In section 45(6), the words— “to imprisonment for a term not exceeding one month, or”, and “, or to both such imprisonment and such fine”.
Rivers (Prevention of Pollution) Act 1961 (c. 50) | In section 12(2), the words from “or to imprisonment” to the end.
Betting, Gaming and Lotteries Act 1963 (c. 2) | In section 8(1), the words— “or to imprisonment for a term not exceeding three months, or to both”, and “in any case”.
Children and Young Persons Act 1963 (c. 37) | In section 40— in subsection (1), the words from “or imprisonment” to the end, and in subsection (2), the words from “or imprisonment” to the end.
Animal Boarding Establishments Act 1963 (c. 43) | In section 3— in subsection (1), the words “other than the last foregoing section” and the words from “or to imprisonment” to the end, and subsection (2).
Agriculture and Horticulture Act 1964 (c. 28) | In section 20(2), the words from “or to imprisonment” to the end.
Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60) | In Schedule 1— in paragraph 1(3), the words “to imprisonment for a term not exceeding three months or” and “, or to both”, and in paragraph 2(4), the words “to imprisonment for a term not exceeding three months or” and “, or to both”.
Riding Establishments Act 1964 (c. 70) | In section 4(1), the words from “or to imprisonment” to the end.
Industrial and Provident Societies Act 1965 (c. 12) | In section 16(5), the words from “or to imprisonment” to the end. In section 48(2), the words from “or to imprisonment” to the end.
Cereals Marketing Act 1965 (c. 14) | In section 17(1), the words from “or to imprisonment” to the end.
Gas Act 1965 (c. 36) | In Schedule 6, in paragraph 9, the words from “or to imprisonment” to the end.
Armed Forces Act 1966 (c. 45) | In section 8, the words “to imprisonment for a term not exceeding three months or”.
Agriculture Act 1967 (c. 22) | In section 6(9), the words from “or to imprisonment” to the end. In section 14(2), the words from “or to imprisonment” to the end. In section 69, the words from “or imprisonment” to the end.
Criminal Justice Act 1967 (c. 80) | Section 20.
Sea Fisheries (Shellfish) Act 1967 (c. 83) | In section 14(2), the words from “or to imprisonment” to the end.
Theatres Act 1968 (c. 54) | In section 13(3), the words from “or to imprisonment” to the end.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agriculture Act 1970 (c. 40) | In section 106(8), the words from “or imprisonment” to the end.
Breeding of Dogs Act 1973 (c. 60) | In section 3(1)— paragraph (a), the word “; or” immediately preceding paragraph (b), and the words “or to both”.
Slaughterhouses Act 1974 (c. 3) | In section 38(5), the words “or imprisonment for a term of three months or both”.
National Health Service Act 1977 (c. 49) | In Schedule 11— in paragraph 8(3), the words “to imprisonment for a term not exceeding three months or” and “, or to both”, and in paragraph 9(4), the words “to imprisonment for a term not exceeding three months or” and “, or to both”.
Magistrates' Courts Act 1980 (c. 43) | In section 84(3), the words— “imprisonment for a term not exceeding 4 months or”, and “to both”.
Animal Health Act 1981 (c. 22) | In paragraph 6 of Schedule 1, the words— “or to imprisonment for a term not exceeding 2 months,”, and “in either case”.
Fisheries Act 1981 (c. 29) | In section 5(4), the words from “or to imprisonment” to the end.
Civil Aviation Act 1982 (c. 16) | In section 82(2), the words from “or to imprisonment” to the end.
Criminal Justice Act 1982 (c. 48) | Section 70.
Mental Health Act 1983 (c. 20) | Section 43(5). In section 103(9), the words— “to imprisonment for a term not exceeding three months or”, and “or both”. In section 129(3), the words— “to imprisonment for a term not exceeding three months or”, and “or to both”.
Building Act 1984 (c. 55) | In section 96(3), the words “or to imprisonment for a term not exceeding three months”.
Surrogacy Arrangements Act 1985 (c. 49) | In section 4(1)— paragraph (a), and in paragraph (b), the words “in the case of an offence under section 3”.
Animals (Scientific Procedures) Act 1986 (c. 14) | In section 22(3), the words— “to imprisonment for a term not exceeding three months or”, and “or to both”. In section 23(2), the words— “to imprisonment for a term not exceeding three months or”, and “or to both”. In section 25(3), the words— “to imprisonment for a term not exceeding three months or”, and “or to both”.
Motor Cycle Noise Act 1987 (c. 34) | In the Schedule, in paragraph 1(1), the words “to imprisonment for a term not exceeding three months or”.
Human Organ Transplants Act 1989 (c. 31) | In section 2(5), the words— “imprisonment for a term not exceeding three months or”, and “or both”.
Town and Country Planning Act 1990 (c. 8) | In Schedule 15, in paragraph 14(4), the words from “or to imprisonment” to the end.
Environmental Protection Act 1990 (c. 43) | In section 118(7), the words from “or to imprisonment” to the end.
Criminal Justice Act 1991 (c. 53) | Section 26(5).
Deer Act 1991 (c. 54) | In section 10(3), the words from “or to imprisonment” to the end.
Water Industry Act 1991 (c. 56) | In section 206(9), the words— “to imprisonment for a term not exceeding three months or”, and “or to both”. In Schedule 6, in paragraph 5(5), the words— “to imprisonment for a term not exceeding three months or”, and “or to both”.
Social Security Administration Act 1992 (c. 5) | In section 105(1), the words— “to imprisonment for a term not exceeding 3 months or”, and “or to both”. In section 182(3), the words— “to imprisonment for a term not exceeding 3 months or”, and “or to both”.
Local Government Finance Act 1992 (c. 14) | In section 27(5), the words— “imprisonment for a term not exceeding three months or”, and “or both”.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) | In section 240(3), the words— “to imprisonment for a term not exceeding three months or”, and “or both”.
Merchant Shipping Act 1995 (c. 21) | In section 57(2)— in paragraph (a), the words “except in a case falling within paragraph (b) below,”, and paragraph (b).
Reserve Forces Act 1996 (c. 14) | In section 75(5), the words— “imprisonment for a term not exceeding 3 months or”, and “(or both)”. In section 82(1), the words— “imprisonment for a term not exceeding 3 months”, and “(or both)”. In section 87(1), the words— “imprisonment for a term not exceeding 3 months or”, and “(or both)”. In section 99, the words— “imprisonment for a term not exceeding 3 months”, and “(or both)”. In Schedule 1, in paragraph 5(2), the words— “imprisonment for a term not exceeding 3 months or”, and “(or both)”.
Housing Act 1996 (c. 52) | In Schedule 1— in paragraph 23(6), the words from “or imprisonment” to “or both”, and in paragraph 24(6), the words from “or imprisonment” to “or both”.
Broadcasting Act 1996 (c. 55) | In section 144(4), the words— “to imprisonment for a term not exceeding three months or”, and “or to both”.
Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11) | In section 9— in subsection (1), paragraph (a), the word “, or” immediately preceding paragraph (b) and the words “or to both”, and in subsection (7), paragraph (a), the word “, or” immediately preceding paragraph (b) and the words “or to both”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In section 6(4), paragraph (a).
Countryside and Rights of Way Act 2000 (c. 37) | In section 81, subsections (2) and (3).
Transport Act 2000 (c. 38) | In section 82, subsection (5).
Part 10 Jury service
Short title and chapter | Extent of repeal
Juries Act 1974 (c. 23). | In section 2(5)(a), the word “9(1),”. In section 9, subsection (1) and in subsection (2) the words from “and” to the end.
Criminal Law Act 1977 (c. 45). | In Schedule 12, the entry relating to the Juries Act 1974.
Criminal Justice Act 1982 (c. 48). | In Schedule 14, paragraph 35.
Mental Health (Amendment) Act 1982 (c. 51). | In Schedule 3, paragraph 48.
Mental Health Act 1983 (c. 20). | In Schedule 4, paragraph 37.
Juries (Disqualification) Act 1984 (c. 34). | The whole Act.
Coroners Act 1988 (c. 13). | Section 9(2).
Criminal Justice Act 1988 (c. 33). | Section 119. In Schedule 8, paragraph 8.
Courts and Legal Services Act 1990 (c. 41). | In Schedule 17, paragraph 7. In Schedule 18, paragraph 5.
Criminal Justice Act 1991 (c. 53). | In Schedule 11, paragraph 18.
Probation Service Act 1993 (c. 47). | In Schedule 3, paragraph 5.
Police and Magistrates' Courts Act 1994 (c. 29). | In Schedule 8, paragraph 28.
Criminal Justice and Public Order Act 1994 (c. 33). | Section 40. Section 42. In Schedule 10, paragraph 29.
Criminal Appeal Act 1995 (c. 35). | In Schedule 2, paragraph 8.
Police Act 1996 (c. 16). | In Schedule 7, paragraph 23.
Police Act 1997 (c. 50). | In Schedule 9, paragraph 27.
Government of Wales Act 1998 (c. 38). | In Schedule 12, paragraph 18.
Scotland Act 1998 (c. 46). | Section 85(1).
Access to Justice Act 1999 (c. 22). | In Schedule 11, paragraph 22.
Criminal Justice and Court Services Act 2000 (c. 43). | In Schedule 7, paragraph 47.
European Parliamentary Elections Act 2002 (c. 24). | In Schedule 3, paragraph 2.
Part 11 Repeals relating to amendments of Part 5 of Police Act 1997
Short title and chapter | Extent of repeal
Police Act 1997 (c. 50) | In section 115, subsections (3) to (5) and subsections (6C) to (6E). Section 120(3). In section 125, subsection (3) and, in subsection (4), the words “to which subsection (3) does not apply”.
Care Standards Act 2000 (c. 14) | Section 104(3)(a). In Schedule 4, paragraph 25(2)(a).
Private Security Industry Act 2001 (c. 12) | Section 21. Section 26(3)(a).
Health and Social Care Act 2001 (c. 15) | Section 19.
Criminal Justice and Police Act 2001 (c. 16) | Section 134(3) and (4).
National Health Service Reform and Health Care Professions Act 2002 (c. 17) | Section 42(7). In Schedule 2, paragraph 64.
Education Act 2002 (c. 32) | In Schedule 12, paragraph 15(2). In Schedule 13, paragraph 8(2).
Licensing Act 2003 (c. 17) | In Schedule 6, paragraph 116.
Part 12 Miscellaneous
Short title and chapter | Extent of repeal
Criminal Appeal Act 1968 (c. 19) | Section 10(4). In section 11(2), the words from “(which expression” to “purposes of section 10)”. In section 51(1), the definition of “the defendant”.
Bail Act 1976 (c. 63) | In section 5(1)(c), the words “a court or officer of a court appoints”.
Magistrates' Courts Act 1980 (c. 43) | In section 1(3), the words “and substantiated on oath”. Section 12(1)(a)(i). In section 13(3)(a), the words “the information has been substantiated on oath and”.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47) | In section 19(1A)(a), the words “application for leave to”.
Criminal Procedure and Investigations Act 1996 (c. 25) | In Schedule 4, paragraph 16.
Crime and Disorder Act 1998 (c. 37) | In section 8(2), the words from “and to section 19(5)” to “2000”.
Youth Justice and Criminal Evidence Act 1999 (c. 23) | In Schedule 4, paragraphs 26 and 27.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In section 19(5), paragraph (c) and the word “or” immediately preceding it. In Schedule 9, paragraphs 194 and 195.
Criminal Justice and Court Services Act 2000 (c. 43) | Sections 67 and 68.
SCHEDULE 38 Transitory, transitional and saving provisions
Section 333(6)
Sentencing of offenders aged 18 but under 21
1 If any provision of Part 12 (“the relevant provision”) is to come into force before the day on which section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life, etc.) comes into force (or fully into force) the provision that may be made by order under section 333(1) includes provision modifying the relevant provision with respect to sentences passed, or other things done, at any time before section 61 of that Act comes into force (or fully into force).
. . .
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Intermittent custody
6 If section 183 (intermittent custody) is to come into force for any purpose before the commencement of the repeal by this Act of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (which imposes a general limit on the power of a magistrates' court to impose imprisonment), the provision that may be made by order under section 333(1) includes provision modifying any period or number of days specified in section 183 with respect to sentences passed by magistrates' courts before the commencement of that repeal.
Transfer to Scotland of community orders and suspended sentence orders
7 (1) Until the coming into force of the repeal by the Mental Health (Care and Treatment) (Scotland) Act 2003 of the Mental Health (Scotland) Act 1984 (c. 36), in the provisions mentioned in sub-paragraph (2) the reference to the Mental Health (Care and Treatment) (Scotland) Act 2003 has effect as a reference to the Mental Health (Scotland) Act 1984.
(2) Those provisions are—
(a) paragraph 2(4) of Schedule 9 (transfer of community orders to scotland or Northern Ireland), and
(b) paragraph 4 of Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland).