282 Increase in maximum term that may be imposed on summary conviction of offence triable either way
(1) In section 32 of the Magistrates' Courts Act 1980 (c. 43) (penalties on summary conviction for offences triable either way) in subsection (1) (offences listed in Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “ not exceeding 12 months ”.
(2) Subsection (3) applies to any offence triable either way which—
(a) is an offence under a relevant enactment,
(b) is punishable with imprisonment on summary conviction, and
(c) is not listed in Schedule 1 to the Magistrates' Courts Act 1980.
(3) The ... term of imprisonment to which a person is liable on summary conviction of an offence to which this subsection applies is by virtue of this subsection a term not exceeding the general limit in a magistrates’ court (and the relevant enactment in question is to be read as if it had been amended accordingly).
(4) Nothing in this section affects the penalty for any offence committed before the commencement of this section.
283 Enabling powers: power to alter maximum penalties
(1) The Secretary of State may by order, in accordance with subsection (2) ..., amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person—
(a) as regards a summary offence, liable on conviction to a term of imprisonment;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to—
(a) restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or
(b) increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Schedule 27 (which amends the maximum penalties which may be imposed by virtue of certain enabling powers) shall have effect.
(5) The power conferred by subsection (1) shall not apply to the enactments amended under Schedule 27.
(6) An order under subsection (1) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.
(7) None of the following—
(a) an order under subsection (1), or
(b) Schedule 27,
affects the penalty for any offence committed before the commencement of that order or Schedule (as the case may be).
(8) In subsection (1) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(9) In this section “relevant enactment” means any enactment contained in an Act passed before or in the same Session as this Act.
284 Increase in penalties for drug-related offences
(1) Schedule 28 (increase in penalties for certain drug-related offences) shall have effect.
(2) That Schedule does not affect the penalty for any offence committed before the commencement of that Schedule.
285 Increase in penalties for certain driving-related offences
(1) In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in subsection (4), for “five years” there is substituted “ fourteen years ”.
(2) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences) is amended in accordance with subsections (3) and (4).
(3) In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.
(4) In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.
(5) Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is amended in accordance with subsections (6) and (7).
(6) In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving), in column 4, for “10 years” there is substituted “ 14 years ”.
(7) In the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), in column 4, for “10 years” there is substituted “ 14 years ”.
(8) This section does not affect the penalty for any offence committed before the commencement of this section.
286 Increase in penalties for offences under section 174 of Road Traffic Act 1988
(1) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences), in the entry relating to section 174 of the Road Traffic Act 1988 (c. 52) (false statements and withholding material information), for columns (3) and (4) there is substituted—
(a) Summarily | (a) 6 months or the statutory maximum or both
(b) On indictment | (b) 2 years or a fine or both.
(2) Section 282(3) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act.
(3) This section does not apply in relation to any offence committed before the commencement of this section.
287 Minimum sentence for certain firearms offences
After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following section—
Minimum sentence for certain offences under s. 5
51A (1) This section applies where—
(a) an individual is convicted of—
(i) an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of this Act, or
(ii) an offence under section 5(1A)(a) of this Act, and
(b) the offence was committed after the commencement of this section and at a time when he was aged 16 or over.
(2) The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless 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 section to have been committed on the last of those days.
(4) In this section “appropriate custodial sentence (or order for detention)” means—
(a) in relation to England and Wales—
(i) in the case of an offender who is aged 18 or over when convicted, a sentence of imprisonment, and
(ii) in the case of an offender who is aged under 18 at that time, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;
(b) in relation to Scotland—
(i) in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment,
(ii) in the case of an offender who is aged under 21 at that time (not being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995, and
(iii) in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act.
(5) In this section “the required minimum term” means—
(a) in relation to England and Wales—
(i) in the case of an offender who was aged 18 or over when he committed the offence, five years, and
(ii) in the case of an offender who was under 18 at that time, three years, and
(b) in relation to Scotland—
(i) in the case of an offender who was aged 21 or over when he committed the offence, five years, and
(ii) in the case of an offender who was aged under 21 at that time, three years.
288 Certain firearms offences to be triable only on indictment
In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and punishment of offences) for the entries relating to offences under section 5(1) (possessing or distributing prohibited weapons or ammunition) and section 5(1A) (possessing or distributing other prohibited weapons) there is substituted—
Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) | Possessing or distributing prohibited weapons or ammunition. | On indictment | 10 years or a fine, or both.
Section 5(1)(b) | Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc. | (a) Summary (b) On indictment | 6 months or a fine of the statutory maximum, or both. 10 years or a fine or both.
Section 5(1A)(a) | Possessing or distributing firearm disguised as other object. | On indictment | 10 years or a fine, or both.
Section 5(1A)(b), (c), (d), (e), (f) or (g) | Possessing or distributing other prohibited weapons. | (a) Summary (b) On indictment | 6 months or a fine of the statutory maximum, or both. 10 years or a fine, or both.
290 Power to sentence young offender to detention in respect of certain firearms offences: Scotland
(1) The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.
(2) In section 49(3) (children’s hearing for purpose of obtaining advice as to treatment of child), at the end there is added “ except that where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968 it shall itself dispose of the case ”.
(3) In section 208 (detention of children convicted on indictment), the existing provisions become subsection (1); and after that subsection there is added—
(2) Subsection (1) does not apply where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968.
.
291 Power by order to exclude application of minimum sentence to those under 18
(1) The Secretary of State may by order—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) amend section 29(3)(a) of the Violent Crime Reduction Act 2006 by substituting for the word “16” the word 18,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) amend subsection (3) of section 49 of the Criminal Procedure (Scotland) Act 1995 by repealing the exception to that subsection,
(d) repeal section 208(2) of that Act, and
(e) make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of paragraphs (a) to (d).
(2) The provision that may be made by virtue of subsection (1)(e) includes, in particular, provision amending or repealing any provision of an Act (whenever passed), including any provision of this Act.
293 Increase in penalty for offences relating to importation or exportation of certain firearms
(1) The Customs and Excise Management Act 1979 (c. 2) is amended as follows.
(2) In section 50 (penalty for improper importation of goods), for subsection (5A) there is substituted—
(5A) In the case of—
(a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981,
subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.
(3) In section 68 (offences in relation to exportation of prohibited or restricted goods) for subsection (4A) there is substituted—
(4A) In the case of—
(a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981,
subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.
(4) In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A) there is substituted—
(4A) In the case of—
(a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981,
subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.
(5) This section does not affect the penalty for any offence committed before the commencement of this section.
294 Duration of directions under Mental Health Act 1983 in relation to offenders
(1) Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows.
(2) In subsection (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.
(3) For subsections (2) and (3) there is substituted—
(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
(3) In this section, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded—
(a) any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and
(b) any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution.
.
295 Access to Parole Board for certain patients serving prison sentences
In section 74 of the Mental Health Act 1983 (restricted patients subject to restriction directions) after subsection (5) there is inserted—
(5A) Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction—
(a) the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and
(b) if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released.
296 Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders
(1) Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as follows.
(2) In paragraph (1), for “the expiration of that person’s sentence” there is substituted “ his release date ”.
(3) For paragraphs (2) and (3) there is substituted—
(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
(3) In this Article, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given; and in determining that day any powers that would be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded.
297 Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients
In Article 79 of the Mental Health (Northern Ireland) Order 1986 (restricted patients subject to restriction directions) after paragraph (5) there is inserted—
(5A) Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction—
(a) the fact that the restriction direction remains in force does not prevent—
(i) the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or
(ii) the making of any application by him to the Sentence Review Commissioners, and
(b) if—
(i) the Life Sentence Review Commissioners give a direction by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or
(ii) the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled,
the restriction direction shall cease to have effect at the time at which he would become so entitled.
.
Schedule 30 (which contains amendments of Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43) relating to disqualification orders under that Part) shall have effect.
300 Power to impose unpaid work requirement curfew requirement or attendance centre requirement on fine defaulter
(1) Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court—
(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or
(b) would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.
(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—
(a) an unpaid work requirement (as defined by paragraph 1 of Schedule 9 to the Sentencing Code), or
(b) a curfew requirement (as defined by paragraph 9 of that Schedule), ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In this Part “default order” means an order under subsection (2).
(4) Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation to a community order.
(5) Where a magistrates' court has power to make a default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.
(6) The following provisions of the Sentencing Code have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31 to this Act—
sections 208(13), 210, 212 to 216, 394 and 395 (further provisions about community orders);
Schedule 9 (community orders and suspended sentence orders: requirements);
Schedule 10 (breach, revocation or amendment of community order);
Schedule 11 (transfer of community orders to Scotland or Northern Ireland).
(7) Where a default order has been made for default in paying any sum—
(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and
(b) on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
(8) In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.
(1) Subsection (2) applies in any case where a magistrates' court—
(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or
(b) would, but for section 227 of the Sentencing Code (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.
(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.
(3) Where an order has been made under subsection (2) for default in paying any sum—
(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and
(b) on payment of part of the sum to any such person, the total number of weeks or months to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
(4) In calculating any reduction required by subsection (3)(b) any fraction of a week or month is to be disregarded.
(5) The Secretary of State may by order amend subsection (2) by substituting, for the period there specified, such other period as may be specified in the order.
(6) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce—
(a) any such licence held by him ...; or
(b) in the case where he holds a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence ....
(7) In this section—
“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;
...
302 Execution of process between England and Wales and Scotland
Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under—
...
section 256C(1) or (3),
...
...
...
...
...
as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court.
The following enactments (which are superseded by the provisions of this Part) shall cease to have effect—
(a) Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners),
(b) in the Crime (Sentences) Act 1997 (c. 43)—
(i) section 29 (power of Secretary of State to release life prisoners to whom section 28 of that Act does not apply),
(ii) section 33 (transferred prisoners), and
(iii) sections 35 and 40 (fine defaulters),
(c) sections 80 and 81 of the Crime and Disorder Act 1998 (c. 37) (sentencing guidelines), and
(d) in the Sentencing Act—
(i) Chapter 3 of Part 4 (community orders available only where offender 16 or over),
(ii) section 85 (sexual or violent offences: extension of custodial term for licence purposes),
(iii) sections 87 and 88 (remand in custody),
(iv) section 109 (life sentence for second serious offence), and
(v) Chapter 5 of Part 5 (suspended sentences).
(1) In this Part, except where the contrary intention appears—
...
...
...
...
...
“associated”, in relation to offences, is to be read in accordance with section 400 of the Sentencing Code;
“attendance centre” has the meaning given by section 221(2);
...
“community order” has the meaning given by section 200 of the Sentencing Code;
...
...
“court” (without more), except in Chapter 7, does not include a service court, but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006;
“curfew requirement”, in relation to a community order, ... or suspended sentence order, has the meaning given by paragraph 9(1) of Schedule 9 to the Sentencing Code;
“custodial sentence” has the meaning given by section 222 of the Sentencing Code;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“default order” has the meaning given by section 300(3);
...
...
...
...
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“licence” means a licence under Chapter 6;
...
...
“ the PCC(S)A 2000 ” means the Powers of Criminal Courts (Sentencing) Act 2000;
...
...
...
...
...
...
“sentence of imprisonment” does not include a committal—
in default of payment of any sum of money,
for want of sufficient distress to satisfy any sum of money, or
for failure to do or abstain from doing anything required to be done or left undone ,
and references to sentencing an offender to imprisonment are to be read accordingly;
“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
“service court” means—
the Court Martial;
the Summary Appeal Court;
the Service Civilian Court;
the Court Martial Appeal Court; or
the Supreme Court on an appeal brought from the Court Martial Appeal Court;
...
“suspended sentence” and “suspended sentence order” have the meaning given by section 286 of the Sentencing Code;
...
“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).
(1A) In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—
(a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but
(b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).
(2) For the purposes of any provision of this Part which requires the determination of the age of a person by the court or the Secretary of State, his age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.
(3) Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
306 Limit on period of detention without charge of suspected terrorists
(1) Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is amended as follows.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) After that sub-paragraph there is inserted—
(3A) Where the period specified in a warrant of further detention—
(a) ends at the end of the period of seven days beginning with the relevant time, or
(b) by virtue of a previous extension (or further extension) under this sub-paragraph, ends after the end of that period,
the specified period may, on an application under this paragraph, be extended or further extended to a period ending not later than the end of the period of fourteen days beginning with the relevant time.
(3B) In this paragraph “the relevant time”, in relation to a person, means—
(a) the time of his arrest under section 41, or
(b) if he was being detained under Schedule 7 when he was arrested under section 41, the time when his examination under that Schedule began.
307 Enforcement of regulations implementing EU legislation on endangered species
(1) In this section—
“the 1972 Act” means the European Communities Act 1972 (c. 68);
“relevant EU instrument” means—
Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and
Commission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).
(2) Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant EU instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.
(3) In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant EU instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Until the coming into force of paragraph 3 of Schedule 27 (which amends paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—
(a) with the omission of the words “in relation to Scotland and Northern Ireland”, and
(b) as if, in relation to England and Wales, the definition of “relevant EU instrument” also included Council Directive 92/43/ EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/ EC .
(6) Any reference in this section to an EU instrument is to be read—
(a) as a reference to that instrument as amended from time to time, and
(b) where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment).
In section 12 of the Magistrates' Courts Act 1980 (c. 43) (non-appearance of accused: plea of guilty) subsection (1)(a)(i) (which excludes offences punishable with imprisonment for term exceeding 3 months) is omitted.
309 Preparatory hearings for serious offences not involving fraud
In section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) (power to order preparatory hearings) in subsection (1) (preparatory hearing may be held in complex or lengthy trial) after “complexity” there is inserted “ a case of such seriousness ”.
310 Preparatory hearings to deal with severance and joinder of charges
(1) In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the purposes of preparatory hearings in fraud cases) after paragraph (d) there is inserted
or
(e) considering questions as to the severance or joinder of charges.
(2) In section 9(3) of that Act (determinations as to the admissibility of evidence etc) after paragraph (c) there is inserted
and
(d) any question as to the severance or joinder of charges.
(3) In section 9(11) of that Act (appeals against orders or rulings under section 9(3)(b) or (c)) for “or (c)” there is substituted “ (c) or (d) ”.
(4) In section 29(2) of the Criminal Procedure and Investigations Act 1996 (purposes of preparatory hearings in non-fraud cases) after paragraph (d) there is inserted—
(e) considering questions as to the severance or joinder of charges,
.
(5) In section 31(3) of that Act (rulings as to the admissibility of evidence etc) after paragraph (b) there is inserted—
(c) any question as to the severance or joinder of charges.
311 Reporting restrictions for preparatory hearings
(1) The Criminal Justice Act 1987 is amended as follows.
(2) In paragraphs (a) and (b) of section 11(1) (restrictions on reporting) for “Great Britain” there is substituted “ the United Kingdom ”.
(3) In section 11A (offences in connection with reporting) after subsection (3) there is inserted—
(3A) Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.
(4) In section 17(3) (extent) after “sections 2 and 3;” there is inserted “ sections 11 and 11A; ”.
(5) The Criminal Procedure and Investigations Act 1996 (c. 25) is amended as follows.
(6) In paragraphs (a) and (b) of section 37(1) (restrictions on reporting) for “Great Britain” there is substituted “ the United Kingdom ”.
(7) In section 38 (offences in connection with reporting) after subsection (3) there is inserted—
(3A) Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.
(8) In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for “Great Britain” there is substituted “ the United Kingdom ”.
(9) In section 79(3) (extent) after “Parts III” there is inserted “ (other than sections 37 and 38) ”.
(10) In Schedule 4 (modifications for Northern Ireland) paragraph 16 is omitted.
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows.
(2) In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal Justice Act 1987 (c. 38) may be met out of central funds) after “1987” there is inserted “ or section 35(1) of the Criminal Procedure and Investigations Act 1996 ”.
(3) In section 18(2) (award of costs against accused in case of dismissal of appeal under section 9(11) of the Criminal Justice Act 1987 etc) after paragraph (c) there is inserted
or
(d) an appeal or application for leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996.
313 Extension of investigations by Criminal Cases Review Commission in England and Wales
(1) Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order investigations by Criminal Cases Review Commission) is amended as follows.
(2) In subsection (1) after “conviction” there is inserted “ or an application for leave to appeal against conviction, ”.
(3) In paragraph (a) of that subsection—
(a) at the beginning there is inserted “ in the case of an appeal, ”, and
(b) for “case”, in both places where it occurs, there is substituted “ appeal ”.
(4) After paragraph (a) of that subsection there is inserted—
(aa) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;
.
(5) After that subsection there is inserted—
(1A) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act.
(6) 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.
314 Extension of investigations by Criminal Cases Review Commission in Northern Ireland
(1) Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (power to order investigations by Criminal Cases Review Commission) is amended as follows.
(2) In subsection (1) after “conviction” there is inserted “ or an application for leave to appeal against conviction, ”.
(3) In paragraph (a) of that subsection—
(a) at the beginning there is inserted “ in the case of an appeal, ”, and
(b) for “case”, in both places where it occurs, there is substituted “ appeal ”.
(4) After paragraph (a) of that subsection there is inserted—
(aa) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;
.
(5) After that subsection there is inserted—
(1A) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 45 below.
(6) 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.
315 Appeals following reference by Criminal Cases Review Commission
(1) Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about references by Criminal Cases Review Commission) is amended as follows.
(2) After subsection (4) there is inserted—
(4A) Subject to subsection (4B), where a reference under section 9 or 10 is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground which is not related to any reason given by the Commission for making the reference.
(4B) The Court of Appeal may give leave for an appeal mentioned in subsection (4A) to be on a ground relating to the conviction, verdict, finding or sentence which is not related to any reason given by the Commission for making the reference.
(3) In subsection (5) for “any of sections 9 to” there is substituted “ section 11 or ”.
316 Power to substitute conviction of alternative offence on appeal in England and Wales
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2) In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.
(3) After section 3 there is inserted—
Power to substitute conviction of alternative offence after guilty plea
3A (1) This section applies on an appeal against conviction where—
(a) an appellant has been convicted of an offence to which he pleaded guilty,
(b) if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
(c) it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of the other offence.
(2) The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.
317 Power to substitute conviction of alternative offence on appeal in Northern Ireland
(1) The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.
(2) In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.
(3) After section 3 there is inserted—
Power to substitute conviction of alternative offence after guilty plea
3A (1) This section applies where—
(a) an appellant has been convicted of an offence to which he pleaded guilty,
(b) if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
(c) it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
(2) The Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the plea so substituted.
318 Substitution of conviction on different charge on appeal from court-martial
(1) The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.
(2) In section 14 (substitution of conviction on different charge) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.
(3) After section 14 there is inserted—
Substitution of conviction on different charge after guilty plea
14A (1) This section applies where—
(a) an appellant has been convicted of an offence to which he pleaded guilty,
(b) if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and
(c) it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
(2) The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Service Act for that other offence, but not a sentence of greater severity.
319 Appeals against sentences in England and Wales
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2) In section 10 (appeal against sentence in certain cases) for subsection (3) there is substituted—
(3) An offender dealt with for an offence before the Crown Court in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against any sentence passed on him for the offence by the Crown Court.
(3) In section 11 (supplementary provisions as to appeal against sentence) after subsection (6) there is inserted—
(7) For the purposes of this section, any two or more sentences are to be treated as passed in the same proceeding if—
(a) they are passed on the same day; or
(b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.
320 Offence of outraging public decency triable either way
(1) After paragraph 1 of Schedule 1 to the Magistrates' Courts Act 1980 (c. 43) (offences triable either way by virtue of section 17) there is inserted—
1A An offence at common law of outraging public decency.
(2) This section does not apply in relation to any offence committed before the commencement of this section.