Law

Criminal Justice Act 2003

United Kingdom · statute

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In force since 2026-11-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 413 provisions
  1. Title and introductory text
  2. 1 Extension of powers to stop and search
  3. 2 Warrants to enter and search
  4. 3 Arrestable offences
  5. 4 Bail elsewhere than at police station
  6. 5 Drug testing for under-eighteens
  7. 6 Use of telephones for review of police detention
  8. 7 Limits on period of detention without charge
  9. 8 Property of detained persons
  10. 9 Taking fingerprints without consent
  11. 10 Taking non-intimate samples without consent
  12. 11 Codes of practice
  13. 12 Amendments related to Part 1
  14. 13 Grant and conditions of bail
  15. 14 Offences committed on bail
  16. 15 Absconding by persons released on bail
  17. 16 Appeal to Crown Court
  18. 17 Appeals to High Court
  19. 18 Appeal by prosecution
  20. 19 Drug users: restriction on bail
  21. 20 Supplementary amendments to the Bail Act 1976
  22. 21 Interpretation of Part 2
  23. 22 Conditional cautions
  24. 23 The five requirements
  25. 23ZA Duty to consult victims
  26. 23A Financial penalties
  27. 23B Variation of conditions
  28. 24 Failure to comply with conditions
  29. 24A Arrest for failure to comply
  30. 24B Application of PACE provisions
  31. 25 Code of practice
  32. 26 Assistance of National Probation Service
  33. 27 Interpretation of Part 3
  34. 28 Charging or release of persons in police detention
  35. 29 Instituting proceedings by written charge
  36. 30 Further provision about written charges
  37. 31 Removal of requirement to substantiate information on oath
  38. 32 Initial duty of disclosure by prosecutor
  39. 33 Defence disclosure
  40. 34 Notification of intention to call defence witnesses
  41. 36 Further provisions about defence disclosure
  42. 37 Continuing duty of disclosure by prosecutor
  43. 38 Application by defence for disclosure
  44. 39 Faults in defence disclosure
  45. 40 Code of practice for police interviews of witnesses notified by accused
  46. 41 Allocation of offences triable either way, and sending cases to Crown Court
  47. 42 Mode of trial for certain firearms offences: transitory arrangements
  48. 44 Application by prosecution for trial to be conducted without a jury where danger of jury tampering
  49. 45 Procedure for applications under sections 43 and section44
  50. 46 Discharge of jury because of jury tampering
  51. 47 Appeals
  52. 48 Further provision about trials without a jury
  53. 49 Rules of court
  54. 50 Application of Part 7 to Northern Ireland
  55. 51 Directions for live links in criminal proceedings
  56. 52 Further provision about the effect of live-link directions
  57. 52A Further provision about the effect of live-link directions
  58. 53 Further provision about live links in magistrates’ courts
  59. 53A Requirement to attend court, perjury
  60. 54 Warning to jury
  61. 55 Rules of court
  62. 56 Interpretation of Part 8
  63. 57 Introduction
  64. 58 General right of appeal in respect of rulings
  65. 59 Expedited and non-expedited appeals
  66. 60 Continuation of proceedings for offences not affected by ruling
  67. 61 Determination of appeal by Court of Appeal
  68. 67 Reversal of rulings
  69. 68 Appeals to the House of Lords
  70. 69 Costs
  71. 70 Effect on time limits in relation to preliminary stages
  72. 71 Restrictions on reporting
  73. 72 Offences in connection with reporting
  74. 73 Rules of court
  75. 74 Interpretation of Part 9
  76. 75 Cases that may be retried
  77. 76 Application to Court of Appeal
  78. 77 Determination by Court of Appeal
  79. 78 New and compelling evidence
  80. 79 Interests of justice
  81. 80 Procedure and evidence
  82. 81 Appeals
  83. 82 Restrictions on publication in the interests of justice
  84. 83 Offences in connection with publication restrictions
  85. 84 Retrial
  86. 85 Authorisation of investigations
  87. 86 Urgent investigative steps
  88. 86A Application of sections 85 and 86 to investigations by the Police Ombudsman
  89. 87 Arrest and charge
  90. 88 Bail and custody before application
  91. 89 Bail and custody before hearing
  92. 90 Bail and custody during and after hearing
  93. 91 Revocation of bail
  94. 92 Functions of the DPP
  95. 93 Rules of court
  96. 94 Armed Forces: Part 10
  97. 95 Interpretation of Part 10
  98. 96 Application of Part 10 to Northern Ireland
  99. 97 Application of Criminal Appeal Acts to proceedings under Part 10
  100. 98 “Bad character”
  101. 99 Abolition of common law rules
  102. 100 Non-defendant’s bad character
  103. 101 Defendant’s bad character
  104. 102 “Important explanatory evidence”
  105. 103 “Matter in issue between the defendant and the prosecution”
  106. 104 “Matter in issue between the defendant and a co-defendant”
  107. 105 “Evidence to correct a false impression”
  108. 106 “Attack on another person’s character”
  109. 107 Stopping the case where evidence contaminated
  110. 108 Offences committed by defendant when a child
  111. 109 Assumption of truth in assessment of relevance or probative value
  112. 110 Court’s duty to give reasons for rulings
  113. 111 Rules of court
  114. 112 Interpretation of Chapter 1
  115. 113 Armed forces
  116. 114 Admissibility of hearsay evidence
  117. 115 Statements and matters stated
  118. 116 Cases where a witness is unavailable
  119. 117 Business and other documents
  120. 118 Preservation of certain common law categories of admissibility
  121. 119 Inconsistent statements
  122. 120 Other previous statements of witnesses
  123. 121 Additional requirement for admissibility of multiple hearsay
  124. 122 Documents produced as exhibits
  125. 123 Capability to make statement
  126. 124 Credibility
  127. 125 Stopping the case where evidence is unconvincing
  128. 126 Court’s general discretion to exclude evidence
  129. 127 Expert evidence: preparatory work.
  130. 128 Confessions
  131. 129 Representations other than by a person
  132. 130 Depositions
  133. 131 Evidence at retrial
  134. 132 Rules of court
  135. 133 Proof of statements in documents
  136. 134 Interpretation of Chapter 2
  137. 135 Armed forces
  138. 136 Repeals etc
  139. 139 Use of documents to refresh memory
  140. 140 Interpretation of Chapter 3
  141. 141 Saving
  142. 143 Determining the seriousness of an offence
  143. 144 Reduction in sentences for guilty pleas
  144. 145 Increase in sentences for racial or religious aggravation
  145. 146 Increase in sentences for aggravation related to disability, sexual orientation or transgender identity
  146. 147 Meaning of “community sentence” etc.
  147. 148 Restrictions on imposing community sentences
  148. 149 Passing of community sentence on offender remanded in custody
  149. 150 Community sentence not available where sentence fixed by law etc.
  150. 150A Community order available only for offences punishable with imprisonment or for persistent offenders previously fined
  151. 152 General restrictions on imposing discretionary custodial sentences
  152. 153 Length of discretionary custodial sentences: general provision
  153. 157 Additional requirements in case of mentally disordered offender
  154. 158 Meaning of “pre-sentence report”
  155. 159 Disclosure of pre-sentence reports
  156. 160 Other reports of local probation boards , providers of probation services and members of youth offending teams
  157. 161 Pre-sentence drug testing
  158. 161A Court’s duty to order payment of surcharge
  159. 161B Amount of surcharge
  160. 162 Powers to order statement as to offender’s financial circumstances
  161. 163 General power of Crown Court to fine offender convicted on indictment
  162. 164 Fixing of fines
  163. 165 Remission of fines
  164. 167 The Sentencing Guidelines Council
  165. 168 Sentencing Guidelines Council: supplementary provisions
  166. 169 The Sentencing Advisory Panel
  167. 170 Guidelines relating to sentencing and allocation
  168. 171 Functions of Sentencing Advisory Panel in relation to guidelines
  169. 172 Duty of court to have regard to sentencing guidelines
  170. 173 Annual report by Council
  171. 174 Duty to give reasons for and to explain effect of sentence
  172. 175 Duty to publish information about sentencing
  173. 177 Community orders
  174. 178 Power to provide for court review of community orders
  175. 179 Breach, revocation or amendment of community order
  176. 181 Prison sentences of less than 12 months
  177. 182 Licence conditions
  178. 183 Intermittent custody
  179. 184 Restrictions on power to make intermittent custody order
  180. 185 Intermittent custody: licence conditions
  181. 186 Further provisions relating to intermittent custody
  182. 187 Revocation or amendment of order
  183. 188 Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
  184. 190 Imposition of requirements by suspended sentence order
  185. 191 Power to provide for review of suspended sentence order
  186. 192 Periodic reviews of suspended sentence order
  187. 193 Breach, revocation or amendment of suspended sentence order, and effect of further conviction
  188. 194 Transfer of suspended sentence orders to Scotland or Northern Ireland
  189. 195 Interpretation of Chapter 3
  190. 196 Meaning of “relevant order” etc
  191. 197 Meaning of “the responsible officer”
  192. 198 Duties of responsible officer
  193. 199 Unpaid work requirement
  194. 200 Obligations of person subject to unpaid work requirement
  195. 200A Rehabilitation activity requirement
  196. 201 Activity requirement
  197. 202 Programme requirement
  198. 203 Prohibited activity requirement
  199. 204 Curfew requirement
  200. 205 Exclusion requirement
  201. 206 Residence requirement
  202. 206A Foreign travel prohibition requirement
  203. 207 Mental health treatment requirement
  204. 208 Mental health treatment at place other than that specified in order
  205. 209 Drug rehabilitation requirement
  206. 210 Drug rehabilitation requirement: provision for review by court
  207. 211 Periodic review of drug rehabilitation requirement
  208. 212 Alcohol treatment requirement
  209. 212A Alcohol abstinence and monitoring requirement
  210. 213 Supervision requirement
  211. 214 Attendance centre requirement
  212. 215 Electronic monitoring requirement
  213. 215A Data from electronic monitoring: code of practice
  214. 216 Local justice area to be specified in relevant order
  215. 217 Requirement to avoid conflict with religious beliefs, etc
  216. 218 Availability of arrangements in local area
  217. 219 Provision of copies of relevant orders
  218. 220 Duty of offender to keep in touch with responsible officer
  219. 221 Provision of attendance centres
  220. 223 Power to amend limits
  221. 224 Meaning of “specified offence” etc.
  222. 224A Life sentence for second listed offence
  223. 225 Life sentence ... for serious offences
  224. 226 Detention for life ... for serious offences committed by those under 18
  225. 226A Extended sentence for certain violent, sexual or terrorism offences: persons 18 or over
  226. 226B Extended sentence for certain violent, sexual or terrorism offences: persons under 18
  227. 227 Extended sentence for certain violent or sexual offences: persons 18 or over
  228. 228 Extended sentence for certain violent or sexual offences: persons under 18
  229. 230 Imprisonment or detention for public protection: release on licence
  230. 232 Certificates of convictions for purposes of sections 225 and 227
  231. 232A Certificates of conviction
  232. 233 Offences under service law
  233. 234 Determination of day when offence committed
  234. 235 Detention under sections 226, 226B and 228
  235. 236 Conversion of sentences of detention into sentences of imprisonment
  236. 237 Meaning of “fixed-term prisoner” etc
  237. 237A Public protection decisions
  238. 237B Relevant provisions of this Chapter and corresponding purposes
  239. 238 Power of court to recommend licence conditions for certain prisoners
  240. 239 The Parole Board
  241. 240 Crediting of periods of remand in custody: terms of imprisonment and detention
  242. 240ZA Time remanded in custody to count as time served: terms of imprisonment or detention and detention and training orders
  243. 240A Time remanded on bail to count towards time served: terms of imprisonment or detention and detention and training orders
  244. 241 Effect of section 240ZA or direction under section 240A or under section 325 of the Sentencing Code on release on licence
  245. 242 Interpretation of sections 240ZA, 240A and 241
  246. 243 Persons extradited to the United Kingdom
  247. 243A Duty to release certain prisoners serving less than 12 months
  248. 244 Duty to release prisoners not subject to special provision for release
  249. 244ZA Release on licence of certain violent or sexual offenders
  250. 244ZB Referral of high-risk offenders to Parole Board in place of automatic release
  251. 244ZC Proceedings following reference under section 244ZB
  252. 244A Release on licence of prisoners serving sentence under section 278 of the Sentencing Code etc
  253. 245 Restrictions on operation of section 244(1) in relation to intermittent custody prisoners
  254. 246 Power to release prisoners on licence before required to do so
  255. 246A Release on licence of prisoners serving extended sentence under section 254, 266 or 279 of the Sentencing Code etc
  256. 246B Manslaughter: prisoner's non-disclosure of information
  257. 246C Indecent images: prisoner's non-disclosure of information
  258. 247 Release on licence of prisoner serving extended sentence under section 227 or 228
  259. 247A Restricted eligibility for release on licence of terrorist prisoners
  260. 248 Power to release prisoners on compassionate grounds
  261. 249 Duration of licence
  262. 250 Licence conditions
  263. 250A Driving prohibition condition
  264. 250B Public event attendance prohibition condition
  265. 250C Drinking establishment entry prohibition condition
  266. 250D Restriction zone condition
  267. 251 Licence conditions on re-release of prisoner serving sentence of less than 12 months
  268. 252 Duty to comply with licence conditions
  269. 253 Curfew condition to be included in licence under section 246, 255B or 255C
  270. 254 Recall of prisoners while on licence
  271. 255 Recall of prisoners released early under section 246
  272. 255ZA Offence of remaining unlawfully at large after recall
  273. 255A Further release after recall: introductory
  274. 255B Automatic release : relevant young offenders
  275. 255BA Automatic release: other offenders
  276. 255C Prisoners excluded from automatic release under section 255B or 255BA
  277. 256 Review by the Board
  278. 256A Further review
  279. 256AZA Release after recall where further sentence being served
  280. 256AZB Power to change test for release following recall
  281. 256AZBA Referral of release decisions to High Court
  282. 256AZBB Specified offences
  283. 256AZBC Powers of the High Court
  284. 256AZC Release at direction of Parole Board: timing
  285. 256AA Supervision after end of sentence of prisoners serving less than 2 years
  286. 256AB Supervision requirements under section 256AA
  287. 256AC Breach of supervision requirements imposed under section 256AA
  288. 256B Supervision after release of certain young offenders serving less than 12 months
  289. 256C Breach of supervision requirements imposed under section 256B
  290. 256D Drug testing requirements
  291. 256E Drug appointment requirements
  292. 257 Additional days for disciplinary offences
  293. 258 Early release of fine defaulters and contemnors
  294. 259 Persons liable to removal from the United Kingdom
  295. 260 Early removal of prisoners liable to removal from United Kingdom
  296. 261 Removal under section 260 and subsequent return to UK: effect on sentence
  297. 262 Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
  298. 263 Concurrent terms
  299. 264 Consecutive terms
  300. 264A Consecutive terms: intermittent custody
  301. 264AA Consecutive terms: detention and training orders
  302. 264B Consecutive terms: supplementary
  303. 265 Restriction on consecutive sentences for released prisoners
  304. 267 Alteration by order of relevant proportion of sentence
  305. 267A Application of Chapter 6 to pre-4 April 2005 cases
  306. 267B Modification of Chapter 6 in certain transitional cases
  307. 267C Fixed-term prisoners also serving life sentence
  308. 268 Interpretation of Chapter 6
  309. 269 Determination of minimum term in relation to mandatory life sentence
  310. 270 Duty to give reasons
  311. 271 Appeals
  312. 272 Review of minimum term on a reference by Attorney General
  313. 273 Life prisoners transferred to England and Wales
  314. 274 Further provisions about references relating to transferred life prisoners
  315. 275 Duty to release certain life prisoners
  316. 276 Mandatory life sentences: transitional cases
  317. 277 Interpretation of Chapter 7
  318. 278 Deferment of sentence
  319. 279 Drug treatment and testing requirement in action plan order or supervision order
  320. 281 Alteration of penalties for other summary offences
  321. 282 Increase in maximum term that may be imposed on summary conviction of offence triable either way
  322. 283 Enabling powers: power to alter maximum penalties
  323. 284 Increase in penalties for drug-related offences
  324. 285 Increase in penalties for certain driving-related offences
  325. 286 Increase in penalties for offences under section 174 of Road Traffic Act 1988
  326. 287 Minimum sentence for certain firearms offences
  327. 288 Certain firearms offences to be triable only on indictment
  328. 289 Power to sentence young offender to detention in respect of certain firearms offences: England and Wales
  329. 290 Power to sentence young offender to detention in respect of certain firearms offences: Scotland
  330. 291 Power by order to exclude application of minimum sentence to those under 18
  331. 292 Sentencing for firearms offences in Northern Ireland
  332. 293 Increase in penalty for offences relating to importation or exportation of certain firearms
  333. 294 Duration of directions under Mental Health Act 1983 in relation to offenders
  334. 295 Access to Parole Board for certain patients serving prison sentences
  335. 296 Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders
  336. 297 Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients
  337. 299 Disqualification from working with children
  338. 300 Power to impose unpaid work requirement curfew requirement or attendance centre requirement on fine defaulter
  339. 301 Fine defaulters: driving disqualification
  340. 302 Execution of process between England and Wales and Scotland
  341. 303 Sentencing: repeals
  342. 304 Amendments relating to sentencing
  343. 305 Interpretation of Part 12
  344. 306 Limit on period of detention without charge of suspected terrorists
  345. 307 Enforcement of regulations implementing EU legislation on endangered species
  346. 308 Non-appearance of defendant: plea of guilty
  347. 309 Preparatory hearings for serious offences not involving fraud
  348. 310 Preparatory hearings to deal with severance and joinder of charges
  349. 311 Reporting restrictions for preparatory hearings
  350. 312 Awards of costs
  351. 313 Extension of investigations by Criminal Cases Review Commission in England and Wales
  352. 314 Extension of investigations by Criminal Cases Review Commission in Northern Ireland
  353. 315 Appeals following reference by Criminal Cases Review Commission
  354. 316 Power to substitute conviction of alternative offence on appeal in England and Wales
  355. 317 Power to substitute conviction of alternative offence on appeal in Northern Ireland
  356. 318 Substitution of conviction on different charge on appeal from court-martial
  357. 319 Appeals against sentences in England and Wales
  358. 320 Offence of outraging public decency triable either way
  359. 321 Jury service
  360. 322 Individual support orders
  361. 323 Individual support orders: consequential amendments
  362. 324 Parenting orders and referral orders
  363. 325 Arrangements for assessing etc risks posed by certain offenders
  364. 326 Review of arrangements
  365. 327 Section 325: interpretation
  366. 327A Disclosure of information about convictions etc. of child sex offenders to members of the public
  367. 327B Section 327A: interpretation
  368. 328 Criminal record certificates: amendments of Part 5 of Police Act 1997
  369. 329 Civil proceedings for trespass to the person brought by offender
  370. 330 Orders and rules
  371. 330A Orders: Northern Ireland
  372. 331 Further minor and consequential amendments
  373. 332 Repeals
  374. 333 Supplementary and consequential provision, etc.
  375. 334 Provision for Northern Ireland
  376. 335 Expenses
  377. 336 Commencement
  378. 337 Extent
  379. 338 Channel Islands and Isle of Man
  380. 339 Short title
  381. SCHEDULE 1 Amendments related to Part 1
  382. SCHEDULE 2 Charging or release of persons in police detention
  383. SCHEDULE 3 Allocation of cases triable either way, and sending cases to the Crown Court etc
  384. SCHEDULE 3A Prohibitions and limitations on use of live links
  385. SCHEDULE 5 Qualifying offences for purposes of Part 10
  386. SCHEDULE 6 Evidence of bad character: armed forces
  387. SCHEDULE 7 Hearsay evidence: armed forces
  388. SCHEDULE 15 Specified offences for purposes of sections 244ZA and 325
  389. SCHEDULE 16
  390. SCHEDULE 17
  391. SCHEDULE 18 Release of prisoners serving sentences of imprisonment or detention for public protection
  392. SCHEDULE 18B Offences relevant to public protection decisions
  393. SCHEDULE 19 The Parole Board: supplementary provisions
  394. SCHEDULE 19ZA Offences carrying restricted eligibility of terrorist prisoners for release on licence
  395. Schedule 19ZB Offences where offender not eligible for release at the end of the section 255BA automatic release period
  396. SCHEDULE 19B Prisoners returning to the UK: Modifications of Chapter 6 of Part 12
  397. SCHEDULE 20A Application of Chapter 6 of Part 12 to pre-4 April 2005 cases
  398. SCHEDULE 20B Modifications of Chapter 6 of Part 12 in certain transitional cases
  399. SCHEDULE 22 Mandatory life sentences: transitional cases
  400. SCHEDULE 24
  401. SCHEDULE 25 Summary offences no longer punishable with imprisonment
  402. SCHEDULE 26 Increase in maximum term for certain summary offences
  403. SCHEDULE 27 Enabling powers: alteration of maximum penalties etc.
  404. SCHEDULE 28 Increase in penalties for drug-related offences
  405. SCHEDULE 29
  406. SCHEDULE 30 Disqualification from working with children
  407. SCHEDULE 32 Amendments relating to sentencing
  408. SCHEDULE 33 Jury service
  409. SCHEDULE 34A Child sex offences for purposes of section 327A
  410. SCHEDULE 35 Criminal record certificates: amendments of Part 5 of Police Act 1997
  411. SCHEDULE 36 Further minor and consequential amendments
  412. SCHEDULE 37 Repeals
  413. SCHEDULE 38 Transitory, transitional and saving provisions

Proposed changes to this act

No one has proposed a change to this act yet.

413 provisions

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.

Propose a change

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.

Propose a change

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.

Propose a change

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.

Propose a change

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.

Propose a change

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.

Propose a change

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.

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289 Power to sentence young offender to detention in respect of certain firearms offences: England and Wales

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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. .

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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.

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292 Sentencing for firearms offences in Northern Ireland

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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.

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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. .

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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.

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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.

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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. .

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299 Disqualification from working with children

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.

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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.

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301 Fine defaulters: driving disqualification

(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; ...

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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.

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303 Sentencing: repeals

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).

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304 Amendments relating to sentencing

Schedule 32 (which contains amendments related to the provisions of this Part) shall have effect.

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305 Interpretation of Part 12

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

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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).

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308 Non-appearance of defendant: plea of guilty

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.

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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 ”.

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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.

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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.

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312 Awards of costs

(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.

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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.

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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.

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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 ”.

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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.

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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.

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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.

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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.

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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.

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322 Individual support orders

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