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SCHEDULES

SCHEDULE 8Minor and consequential amendments

Criminal Justice Act 1982 (c. 48)

49In subsection (2) of section 1 of the 1982 Act (general restriction on custodial sentences), for the words from “remanded in custody” to the end there shall be substituted the following paragraphs—

(a)remanded in custody;

(b)committed in custody for trial or sentence; or

(c)sent in custody for trial under section 51 of the Crime and Disorder Act 1998.

50(1)In subsection (1) of section 1A of the 1982 Act (detention in a young offender institution), for the words “not less than 15 years of age” there shall be substituted the words “not less than 18 years of age”.

(2)In subsection (3) of that section, for the words “the minimum period applicable to the offender under subsection (4A) below” there shall be substituted the words “21 days”.

(3)In subsection (4) of that section, for the words “the minimum period applicable” there shall be substituted the words “21 days”.

(4)Subsection (4A) of that section shall cease to have effect.

(5)At the beginning of subsection (6) of that section there shall be inserted the words “Subject to section 102 of the Crime and Disorder Act 1998,”

51In subsection (2) of section 1C of the 1982 Act (accommodation of offenders sentenced to detention in a young offender institution), the words “but if he is under 18 at the time of the direction, only for a temporary purpose” shall cease to have effect.

52(1)In subsection (1) of section 3 of the 1982 Act (restriction on certain sentences where offender not legally represented), for paragraph (e) there shall be substituted the following paragraph—

(e)make a detention and training order,.

(2)In subsection (2) of that section—

(a)after the words “sentence or trial,” there shall be inserted the words “or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998,”; and

(b)for the words “which committed him” there shall be substituted the words “which committed or sent him”.

53(1)In subsection (3)(a) of section 19 of the 1982 Act (breaches of attendance centre orders or attendance centre rules), the words “revoke it and” shall cease to have effect.

(2)In subsection (5) of that section, the words “revoke the attendance centre order and” shall cease to have effect.

(3)In subsection (5A) of that section, for paragraph (b) there shall be substituted the following paragraph—

(b)in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of the [1991 c. 53.] Criminal Justice Act 1991.

(4)After that subsection there shall be inserted the following subsection—

(5B)Where a court deals with an offender under subsection (3)(a) or (5) above, it shall revoke the attendance centre order if it is still in force.