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Criminal Justice Act 2003

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Changes over time for: Paragraph 38

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Point in time view as at 06/04/2007.

Changes to legislation:

Criminal Justice Act 2003, Paragraph 38 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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38E+WIn section 37 (powers of courts to order hospital admission or guardianship)—

(a)in subsection (1), the words “or falls to be imposed under section 109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are omitted,

(b)for subsections (1A) and (1B) there is substituted —

(1A)In the case of an offence the sentence for which would otherwise fall to be imposed—

(a)under section 51A(2) of the Firearms Act 1968,

(b)under section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000, or

(c)under any of sections 225 to 228 of the Criminal Justice Act 2003,

nothing in those provisions shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.

(1B)References in subsection (1A) above to a sentence falling to be imposed under any of the provisions mentioned in that subsection are to be read in accordance with section 305(4) of the Criminal Justice Act 2003.

(c)in subsection (8), for “probation order” there is substituted “ community order (within the meaning of Part 12 of the Criminal Justice Act 2003) ”.

Commencement Information

I1Sch. 32 para. 38 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(18) (subject to art. 2(2), Sch. 2)

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