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Criminal Justice Act 2003

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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Criminal Justice Act 2003, SCHEDULE 32 is up to date with all changes known to be in force on or before 11 November 2024. 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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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 32:

  • Sch. 32 para. 99 coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 122 coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 123(3) coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 123(5) coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 125 coming into force by S.I. 2005/950 art. 4 (This effect not applied to legislation.gov.uk. S.I. 2005/950, art. 4 was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c))
  • Sch. 32 para. 8(2)(a) repealed by 2008 c. 4 Sch. 28 Pt. 1
  • Sch. 32 para. 107 repealed by 2008 c. 4 Sch. 28 Pt. 1
  • Sch. 32 para. 123(3) repealed by 2008 c. 4 Sch. 28 Pt. 1
  • Sch. 32 para. 123(8) repealed by 2008 c. 4 Sch. 28 Pt. 1
  • Sch. 32 para. 145 146 and cross-heading repealed by 2022 c. 32 s. 81(3)(g)(ii)
  • specified provision(s) amendment to earlier commencing SI 2012/2574, Sch. by S.I. 2012/2761 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 304

SCHEDULE 32E+WAmendments relating to sentencing

This schedule has no associated Explanatory Notes

Part 1E+WGeneral

Piracy Act 1837 (c. 88)E+W

1E+WSection 3 of the Piracy Act 1837 (punishment for offence under certain repealed Acts relating to piracy) shall cease to have effect.

Commencement Information

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

Children and Young Persons Act 1933 (c. 12)E+W

2(1)Section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which young persons are concerned) is amended as follows.E+W

(2)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (11)—

(a)in the definition of “sexual offence”, for “has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ means an offence listed in Part 2 of Schedule 15 to the Criminal Justice Act 2003 ”, and

(b)in the definition of “violent offence, for “has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ means an offence listed in Part 1 of Schedule 15 to the Criminal Justice Act 2003 ”.

Textual Amendments

Commencement Information

I2Sch. 32 para. 2 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(3) (subject to art. 2(2), Sch. 2)

Prison Act 1952 (c. 52)E+W

3E+WIn section 53 of the Prison Act 1952 (interpretation), for “section 62 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ section 221 of the Criminal Justice Act 2003 ”.

Commencement Information

I3Sch. 32 para. 3 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(4) (subject to art. 2(2), Sch. 2)

Criminal Justice Act 1967 (c. 80)E+W

4E+WThe Criminal Justice Act 1967 is amended as follows.

Commencement Information

I4Sch. 32 para. 4 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(5) (subject to art. 2(2), Sch. 2)

5E+WIn section 32 (amendments of Costs in Criminal Cases Act 1952), in subsection (3)(a), for “make an order under paragraph 5 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000 (probation orders requiring treatment for mental condition) or” there is substituted “ include in a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) a mental health requirement under section 207 of that Act or make an order under ”.

Commencement Information

I5Sch. 32 para. 5 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(5) (subject to art. 2(2), Sch. 2)

6E+WIn section 104 (general provisions as to interpretation)_

(a)in subsection (1), the definition of “suspended sentence” is omitted, and

(b)subsection (2) is omitted.

Commencement Information

I6Sch. 32 para. 6 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(5) (subject to art. 2(2), Sch. 2)

Criminal Appeal Act 1968 (c. 19)E+W

7E+WThe Criminal Appeal Act 1968 is amended as follows.

Commencement Information

I7Sch. 32 para. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(6) (subject to art. 2(2), Sch. 2)

8(1)Section 10 (appeal against sentence in cases dealt with by Crown Court otherwise than on conviction on indictment) is amended as follows.E+W

(2)In subsection (2) —

(a)in paragraph (b), for “or a community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ a youth community order within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000 or a community order within the meaning of Part 12 of the Criminal Justice Act 2003 ”, and

(b)paragraph (c) and the word “or” immediately preceding it are omitted.

Commencement Information

I8Sch. 32 para. 8 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(6) (subject to art. 2(2), Sch. 2)

9E+WIn section 11 (supplementary provisions as to appeal against sentence), subsection (4) is omitted.

Commencement Information

I9Sch. 32 para. 9 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(6) (subject to art. 2(2), Sch. 2)

10E+WIn Schedule 2 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for the words from the beginning to “apply” there is substituted “ Section 240 of the Criminal Justice Act 2003 (crediting of periods of remand in custody: terms of imprisonment and detention) shall apply ”.

Commencement Information

I10Sch. 32 para. 10 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(6) (subject to art. 2(2), Sch. 2)

Firearms Act 1968 (c. 27)E+W

11E+WThe Firearms Act 1968 is amended as follows.

Commencement Information

I11Sch. 32 para. 11 partly in force; Sch. 32 para. 11 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 11 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.

12(1)Section 21 (possession of firearms by persons previously convicted of crime) is amended as follows.E+W

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (3)(b), for “probation order” there is substituted “ community order ”.

(5)After subsection (3) there is inserted—

“((3ZA))In subsection (3)(b) above, “community order” means—

(a)a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England and Wales, or

(b)a probation order made in Scotland.”

F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I12Sch. 32 para. 12 wholly in force at 4.4.2005; Sch. 32 para. 12 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 12(1)-(3)(6) in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; Sch. 32 para. 12 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 42(7) (subject to art. 2(2), Sch. 2)

13(1)Section 52 (forfeiture and disposal of firearms; cancellation of certificate by convicting court) is amended as follows.E+W

(2)In subsection (1)(c), for “probation order” there is substituted “ community order ”.

(3)After subsection (1) there is inserted —

“(1A)In subsection (1)(c) “community order” means—

(a)a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England and Wales, or

(b)a probation order made in Scotland.”

Commencement Information

I13Sch. 32 para. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(7) (subject to art. 2(2), Sch. 2)

Social Work (Scotland) Act 1968 (c. 49)E+W

14E+WF4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I14Sch. 32 para. 14 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(8) (subject to art. 2(2), Sch. 2)

Children and Young Persons Act 1969 (c. 54)E+W

F515E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I15Sch. 32 para. 15 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(9) (subject to art. 2(2), Sch. 2)

Immigration Act 1971 (c. 77)E+W

16E+WIn section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), in subsection (4), for “section 67 of the Criminal Justice Act 1967” there is substituted “ section 240 of the Criminal Justice Act 2003 ”.

Commencement Information

I16Sch. 32 para. 16 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(10) (subject to art. 2(2), Sch. 2)

Prospective

Thames Barrier and Flood Prevention Act 1972 (c. xiv)E+W

17E+WIn section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders for carrying out certain defence works), in subsection (3)(a)(ii), for “six months” there is substituted “ 12 months ”.

Rehabilitation of Offenders Act 1974 (c. 53)E+W

18(1)Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular offences) is amended as follows.E+W

(2)In subsection (1)—

(a)at the end of paragraph (e), there is inserted “ and ”, and

(b)after that paragraph, there is inserted the following paragraph—

“(f)a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, a sentence of detention for public protection under section 226 of that Act or an extended sentence under section 227 or 228 of that Act”

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I17Sch. 32 para. 18 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(11) (subject to art. 2(2), Sch. 2)

Armed Forces Act 1976 (c. 52)E+W

19E+WF7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 32 para. 19 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Bail Act 1976 (c. 63)E+W

20E+WThe Bail Act 1976 is amended as follows.

Commencement Information

I18Sch. 32 para. 20 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (subject to art. 2(2), Sch. 2)

21(1)Section 2 (other definitions) is amended as follows.E+W

(2)In subsection (1)(d)—

(a)the words “placing the offender on probation or” are omitted, and

(b)for “him” there is substituted “ the offender ”.

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 32 para. 21(3) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with s. 413(4)(5), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I19Sch. 32 para. 21 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (subject to art. 2(2), Sch. 2)

22E+WIn section 4 (general right to bail of accused persons and others), in subsection (3), for the words from “to be dealt with” onwards there is substituted “or the Crown Court to be dealt with under—

(a)Part 2 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain youth community orders), or

(b)Part 2 of Schedule 8 to the Criminal Justice Act 2003 (breach of requirement of community order).”

Commencement Information

I20Sch. 32 para. 22 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (subject to art. 2(2), Sch. 2)

23E+WIn Part 3 of Schedule 1 (interpretation), in the definition of “default” in paragraph 4, for the words from “Part II” onwards there is substituted “ Part 2 of Schedule 8 to the Criminal Justice Act 2003 (breach of requirement of order) ”.

Commencement Information

I21Sch. 32 para. 23 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (subject to art. 2(2), Sch. 2)

Criminal Law Act 1977 (c. 45)E+W

F924E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Sch. 32 para. 24 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Magistrates' Courts Act 1980 (c. 43)E+W

25E+WThe Magistrates' Courts Act 1980 is amended as follows.

Commencement Information

I22Sch. 32 para. 25 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(14) (subject to art. 2(2), Sch. 2)

F1026E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 32 para. 26 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with s. 413(4)(5), Sch. 27); S.I. 2020/1236, reg. 2

Prospective

27E+WIn section 33 (maximum penalties on summary conviction in pursuance of section 22), in subsection (1)(a), for “3 months” there is substituted “ 51 weeks ”.

Prospective

28E+WIn section 85 (power to remit fine), in subsection (2A), for “section 35(2)(a) or (b) of the Crime (Sentences) Act 1997” there is substituted “ section 300(2) of the Criminal Justice Act 2003 ”.

F1129E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I23Sch. 32 para. 29 partly in force; Sch. 32 para. 29 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 29 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.

30E+WIn section 133 (consecutive terms of imprisonment), in subsection (1), for “Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act 2000,” there is substituted “ Subject to section 265 of the Criminal Justice Act 2003, ”.

Commencement Information

I24Sch. 32 para. 30 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(14) (subject to art. 2(2), Sch. 2)

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)E+W

31E+WIn Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (ineligibility for and disqualification and excusal from jury service), in Part 2, in paragraph (bb), for sub-paragraph (v) there is substituted—

“(v)a community order within the meaning of section 177 of the Criminal Justice Act 2003;

(va)a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;”.

Commencement Information

I25Sch. 32 para. 31 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(15) (subject to art. 2(2), Sch. 2)

Public Passenger Vehicles Act 1981 (c. 14)E+W

32(1)In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary provisions as to qualifications for PSV operators licence), paragraph 1 is amended as follows.E+W

(2)In sub-paragraph (4)(a), for “a community service order for more than sixty hours” there is substituted “ a community order requiring the offender to perform unpaid work for more than sixty hours ”.

(3)In sub-paragraph (6), for the words from “ “a community” onwards there is substituted “ “a community order” means an order under section 177 of the Criminal Justice Act 2003, a community punishment order made before the commencement of that section or a community service order under the Community Service by Offenders (Scotland) Act 1978”.

Commencement Information

I26Sch. 32 para. 32 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(16) (subject to art. 2(2), Sch. 2)

Prospective

Criminal Attempts Act 1981 (c. 47)E+W

F1233E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Criminal Justice Act 1982 (c. 48)E+W

34E+WThe Criminal Justice Act 1982 is amended as follows.

Commencement Information

I27Sch. 32 para. 34 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(17) (subject to art. 2(2), Sch. 2)

35E+WIn section 32 (early release of prisoners), in subsection (1)(a), after “life” there is inserted “ , imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or an extended sentence under section 227 of that Act ”.

Commencement Information

I28Sch. 32 para. 35 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(17) (subject to art. 2(2), Sch. 2)

36(1)Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland): persons residing in England and Wales or Scotland) is amended as follows.E+W

(2)In paragraph 7—

(a)in sub-paragraph (2)(b), for “such orders” there is substituted “ an unpaid work requirement of a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) ”, and

(b)in sub-paragraph (3)(b), for the words from “community service orders” onwards there is substituted “ community orders within the meaning of Part 12 of the Criminal Justice Act 2003 conferred on responsible officers by that Part of that Act. ”.

(3)For paragraph 9(3) there is substituted—

“(3)Subject to the following provisions of this paragraph—

(a)a community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a community order made in England and Wales under section 177 of the Criminal Justice Act 2003 and the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly; and

(b)a community service order made or amended in the circumstances specified in paragraph 8 above shall be treated as if it were a community service order made in Scotland and the legislation relating to community service orders in Scotland shall apply accordingly.”

(4)In paragraph 9(4)(a), after “community service orders” there is inserted “ or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003) ”.

(5)In paragraph 9(5), after “a community service order” there is inserted “ or, as the case may be, a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) ”.

(6)In paragraph 9(6)—

(a)after “community service orders”, where first occurring, there is inserted “ or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003) ”, and

(b)in paragraph (b)(i), for “the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ Part 12 of the Criminal Justice Act 2003 ”.

Commencement Information

I29Sch. 32 para. 36 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(17) (subject to art. 2(2), Sch. 2)

Mental Health Act 1983 (c. 20)E+W

37E+WThe Mental Health Act 1983 is amended as follows.

Commencement Information

I30Sch. 32 para. 37 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)

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

I31Sch. 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)

39E+WIn section 45A (powers of higher courts to direct hospital admission), in subsection (1)(b), the words from “except” to “1997” are omitted.

Commencement Information

I32Sch. 32 para. 39 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)

Repatriation of Prisoners Act 1984 (c. 47)E+W

40E+WThe Repatriation of Prisoners Act 1984 is amended as follows.

Commencement Information

I33Sch. 32 para. 40 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(19) (subject to art. 2(2), Sch. 2)

41E+WIn section 2 (transfer out of the United Kingdom), in subsection (4)(b), for sub-paragraph (i) there is substituted—

“(i)released on licence under section 28(5) of the Crime (Sentences) Act 1997 or under section 244 or 246 of the Criminal Justice Act 2003; or”.

Commencement Information

I34Sch. 32 para. 41 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(19) (subject to art. 2(2), Sch. 2)

42E+WIn section 3 (transfer into the United Kingdom), subsection (9) is omitted.

43(1)The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows in relation to prisoners repatriated to England and Wales.E+W

(2)In paragraph 2, for sub-paragraphs (1A) and (2) there is substituted—

“(2)If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular part of a life sentence is concerned, be deemed to be increased by that period.

(3)Where the prisoner’s sentence is for a term of less than twelve months, Chapter 6 of Part 12 of the Criminal Justice Act 2003 shall apply as if the sentence were for a term of twelve months or more.

(4)In this paragraph—

“the enactments relating to release on licence” means section 28(5) and (7) of the Crime (Sentences) Act 1997 and Chapter 6 of Part 12 of the Criminal Justice Act 2003;

“sentence”, means the provision included in the warrant which is equivalent to sentence.”.

(3)Paragraph 3 is omitted.

Commencement Information

I35Sch. 32 para. 43 whollly in force at 4.4.2005; Sch. 32 para. 43(3) in force at 18.12.2003, see s. 336(2); Sch. 32 para. 43 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 42(19) (subject to art. 2(2), Sch. 2)

Police and Criminal Evidence Act 1984 (c. 60)E+W

44E+WIn section 38 of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for the definitions of “sexual offence” and “violent offence” in subsection (6A) there is substituted—

““sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003;

“violent offence” means murder or an offence specified in Part 1 of that Schedule;”.

Commencement Information

I36Sch. 32 para. 44 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(20) (subject to art. 2(2), Sch. 2)

Criminal Justice Act 1988 (c. 33)E+W

45E+WThe Criminal Justice Act 1988 is amended as follows.

Commencement Information

I37Sch. 32 para. 45 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(21) (subject to art. 2(2), Sch. 2)

46E+WIn section 36 (reviews of sentencing), in subsection (2), for the words from “erred in law” onwards there is substituted—

“(a)erred in law as to his powers of sentencing; or

(b)failed to impose a sentence required by—

(i)section 51A(2) of the Firearms Act 1968;

(ii)section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000; or

(iii)any of sections 225 to 228 of the Criminal Justice Act 2003.”

Commencement Information

I38Sch. 32 para. 46 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(21) (subject to art. 2(2), Sch. 2)

47E+WIn section 50 (suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts), in subsection (3)(b)(i), for “Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “ Criminal Justice Act 2003 ”.

Commencement Information

I39Sch. 32 para. 47 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(21) (subject to art. 2(2), Sch. 2)

Firearms (Amendment) Act 1988 (c. 45)E+W

48E+WThe Firearms (Amendment) Act 1988 is amended as follows.

49E+WIn section 1 (prohibited weapons and ammunition), in subsection (4A) after paragraph (b) there is inserted—

“(bb)may amend subsection (1A)(a) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences: power to detain for specified period) so as to include a reference to any provision added by the order to section 5(1) of the principal Act,

(bc)may amend section 50(5A)(a), 68(4A)(a) or 170(4A)(a) of the Customs and Excise Management Act 1979 (offences relating to improper importation or exportation) so as to include a reference to anything added by the order to section 5(1) of the principal Act,”.

50E+WIn section 27(4) (which relates to Northern Ireland), after “Except for” there is inserted “ section 1, so far as enabling provision to be made amending the Customs and Excise Management Act 1979, and ”.

Prospective

Road Traffic Act 1988 (c. 52)E+W

51E+WIn section 164 of the Road Traffic Act 1988 (power of constables to require production of driving licence and in certain cases statement of date of birth), in subsection (5), for “section 40 of the Crime (Sentences) Act 1997” there is substituted “ section 301 of the Criminal Justice Act 2003 ”.

Road Traffic Offenders Act 1988 (c. 53)E+W

52E+WThe Road Traffic Offenders Act 1988 is amended as follows.

Commencement Information

I40Sch. 32 para. 52 partly in force; Sch. 32 para. 52 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 52 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 42(22) (subject to art. 2(2), Sch. 2)

Prospective

53E+WIn section 27 (production of licence), in subsection (3), for “section 40 of the Crime (Sentences) Act 1997” there is substituted “ section 301 of the Criminal Justice Act 2003 ”.

F1354E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Football Spectators Act 1989 (c. 37)E+W

55E+WThe Football Spectators Act 1989 is amended as follows.

Commencement Information

I41Sch. 32 para. 55 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(23) (subject to art. 2(2), Sch. 2)

56E+WIn section 7 (disqualification for membership of scheme), subsection (9) is omitted.

Commencement Information

I42Sch. 32 para. 56 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(23) (subject to art. 2(2), Sch. 2)

F1457E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I43Sch. 32 para. 57 partly in force; Sch. 32 para. 57 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 57 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.

F1558E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I44Sch. 32 para. 58 partly in force; Sch. 32 para. 58 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 58 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.

Children Act 1989 (c. 41)E+W

59E+WThe Children Act 1989 is amended as follows.

Commencement Information

I45Sch. 32 para. 59 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to art. 2(2), Sch. 2)

60(1)Section 68 (persons disqualified from being foster parents) is amended as follows.E+W

(2)In subsection (2)(d), the words “a probation order has been made in respect of him or he has been” are omitted.

(3)After subsection (2) there is inserted—

“(2A)A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d).”

Commencement Information

I46Sch. 32 para. 60 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to art. 2(2), Sch. 2)

61(1)In Schedule 9A (child minding and day care for young children), paragraph 4 is amended as follows.E+W

(2)In sub-paragraph (2)(g), the words “placed on probation or” are omitted.

(3)At the end there is inserted—

“(7)A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this paragraph.”.

Commencement Information

I47Sch. 32 para. 61 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to art. 2(2), Sch. 2)

Criminal Justice Act 1991 (c. 53)E+W

62E+WThe Criminal Justice Act 1991 is amended as follows.

Commencement Information

I48Sch. 32 para. 62 partly in force; Sch. 32 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 62 in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 42(25) (subject to art. 2(2), Sch. 2)

Prospective

63E+WSection 65 (supervision of young offenders after release) is omitted.

64(1)Schedule 3 (reciprocal enforcement of certain orders) is amended as follows.E+W

(2)In paragraph 10(3)(d), for the words from “paragraph 3 of Schedule 2” onwards there is substituted “ section 201 of the Criminal Justice Act 2003 ”.

(3)In paragraph 11(2) —

(a)in paragraph (a)—

(i)for “probation order” there is substituted “ community order ”, and

(ii)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for paragraph (b) there is substituted—

“(b)the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly.”.

(4)In paragraph 11(3), for paragraphs (a) and (b) there is substituted—

“(a)the requirements of Part 12 of the Criminal Justice Act 2003 relating to community orders (within the meaning of that Part);

(b)the powers of the home court under Schedule 8 to that Act, as modified by this paragraph; and”.

(5)In paragraph 11(4), for the words from “probation order made by a court” onwards there is substituted “ community order made by a court in England and Wales under section 177 of the Criminal Justice Act 2003, except a power conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to that Act ”.

F17(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 32 para. 64(6) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with s. 413(4)(5), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I49Sch. 32 para. 64 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(25) (subject to art. 2(2), Sch. 2)

Aggravated Vehicle-Taking Act 1992 (c. 11)E+W

F1865E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)E+W

66E+WIn section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland)—

(a)in subsection (1)—

(i)in paragraph (a), sub-paragraph (i), and the succeeding “or”, are omitted, and

(ii)after paragraph (a)(ii) there is inserted “or

(iii)subsections (5) to (8) of section 28 (early release of life prisoners to whom that section applies) of the Crime (Sentences) Act 1997 (c. 43) (in this section, the “1997 Act”) apply by virtue of an order made under section 28(2)(b) of that Act (while that provision was in force) or an order made under section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003;”, and

(iii)for “28(2)(b) or 82A(2) or paragraph” there is substituted “ 82A(2), 28(2)(b) or 269(2) or paragraph 3(1)(a) or ”;

(b)after subsection (1) there is inserted—

“(1AA)This Part of this Act, except section 2(9), applies also to a transferred life prisoner—

(a)who is transferred from England and Wales on or after the date on which section 269 of the Criminal Justice Act 2003 comes into force,

(b)in relation to whom paragraph 3 of Schedule 22 to that Act applies by virtue of paragraph 2(a) of that Schedule, but

(c)in respect of whom, under the paragraph so applying, no order has been made,

as if the prisoner were a life prisoner within the meaning of section 2 of this Act and the punishment part of his sentence within the meaning of that section were the notified minimum term defined by paragraph 3(4) of that Schedule.”; and

(c)in subsection (5)(b)—

(i)for “the Crime (Sentences) Act 1997” there is substituted “ the 1997 Act ”, and

(ii)after the words “Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” there is inserted “ section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003, ”.

Criminal Justice and Public Order Act 1994 (c. 33)E+W

67E+WIn section 25 of the Criminal Justice and Public Order Act 1994 (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), in paragraph (c) of the definition of “conviction” in subsection (5)—

(a)the words “placing the offender on probation or” are omitted, and

(b)for “him” there is substituted “ the offender ”.

Commencement Information

I50Sch. 32 para. 67 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(27) (subject to art. 2(2), Sch. 2)

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)E+W

68(1)In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), paragraph 3 is amended as follows.E+W

F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In sub-paragraph (2)(c), for “community service order” there is substituted “ community order ”.

(4)For sub-paragraph (3)(b), there is substituted—

“(b)“community order” means a community order under section 177 of the Criminal Justice Act 2003, a community punishment order made under section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 or a community service order under the Community Service by Offenders (Scotland) Act 1978.”.

Textual Amendments

Commencement Information

I51Sch. 32 para. 68 partly in force; Sch. 32 para. 68 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 68(1)(3)(4) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 42(28) (subject to art. 2(2), Sch. 2)

Criminal Procedure (Scotland) Act 1995 (c. 46)E+W

69E+WF20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

70E+WF21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

71E+WF22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

72E+WF23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Education Act 1996 (c. 56)E+W

73E+WF24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I52Sch. 32 para. 73 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(30) (subject to art. 2(2), Sch. 2)

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))E+W

74E+WThe Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

Commencement Information

I53Sch. 32 para. 74 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(31) (subject to art. 2(2), Sch. 2)

75E+WIn Article 2 (interpretation) after paragraph (8) there is inserted—

“(9)For the purposes of this Order, a sentence falls to be imposed under paragraph (2) of Article 52A of the Firearms (Northern Ireland) Order 1981 if it is required by that paragraph and the court is not of the opinion there mentioned.”

Commencement Information

I54Sch. 32 para. 75 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(31) (subject to art. 2(2), Sch. 2)

76E+WIn Article 4 (absolute and conditional discharge), in paragraph (1), for “(not being an offence for which the sentence is fixed by law)” there is substituted “ (not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981) ”.

Commencement Information

I55Sch. 32 para. 76 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(31) (subject to art. 2(2), Sch. 2)

77E+WIn Article 10 (probation orders), in paragraph (1) for “(not being an offence for which the sentence is fixed by law)” there is substituted “ (not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981) ”.

Commencement Information

I56Sch. 32 para. 77 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(31) (subject to art. 2(2), Sch. 2)

78(1)Article 13 (community service orders) is amended as follows.E+W

(2)In paragraph (1) for “(not being an offence for which the sentence is fixed by law)” there is substituted “ (not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981) ”.

(3)In paragraph (4)(b) as it has effect pursuant to paragraph 7(1) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for “such orders” there is substituted “ an unpaid work requirement of a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) ”.

Commencement Information

I57Sch. 32 para. 78 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(31) (subject to art. 2(2), Sch. 2)

79E+WIn Article 15 (orders combining probation and community service), in paragraph (1) for “(not being an offence for which the sentence is fixed by law)” there is substituted “ (not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981) ”.

Commencement Information

I58Sch. 32 para. 79 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(31) (subject to art. 2(2), Sch. 2)

80E+WF25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I59Sch. 32 para. 80 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(31) (subject to art. 2(2), Sch. 2)

81E+WF26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I60Sch. 32 para. 81 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(31) (subject to art. 2(2), Sch. 2)

Crime (Sentences) Act 1997 (c. 43)E+W

82E+WThe Crime (Sentences) Act 1997 is amended as follows.

Commencement Information

I61Sch. 32 para. 82 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (subject to art. 2(2), Sch. 2)

83(1)Section 31 (duration and conditions of licences) is amended as follows.E+W

(2)In subsection (3), for the words from “except” onwards there is substituted “ except in accordance with recommendations of the Parole Board ”.

(3)Subsection (4) is omitted.

(4)In subsection (6), for “section 46(3) of the 1991 Act” there is substituted “ section 259 of the Criminal Justice Act 2003 ”.

Commencement Information

I62Sch. 32 para. 83 wholly in force at 4.4.2005; Sch. 32 para. 83(1)-(3) in force at 18.12.2003, see s. 336(2); Sch. 32 para. 83(4) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (subject to art. 2(2), Sch. 2)

84E+WIn section 32 (recall of life prisoners while on licence) for subsection (5) there is substituted—

“(5)Where on a reference under subsection (4) above the Parole Board directs the immediate release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.”

85(1)Schedule 1 (transfers of prisoners within the British Islands) is amended as follows.E+W

(2)In paragraph 6, after sub-paragraph (3) there is inserted—

“(4)In this Part of this Schedule—

“the 2003 Act” means the Criminal Justice Act 2003;

“custody plus order” has the meaning given by section 181(4) of that Act;

“intermittent custody order” has the meaning given by section 183(2) of that Act.”

(3)In paragraph 8 (restricted transfers from England and Wales to Scotland)—

(a)for sub-paragraph (2)(a) there is substituted—

“(a)sections 241, 244, 247 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;

(aa)sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;

(ab)where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule 11 to that Act); and”,

(b)for sub-paragraph (4)(a) there is substituted—

“(a)sections 241, 249 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;

(aa)sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;

(ab)where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule 11 to that Act); and”, and

(c)for sub-paragraphs (5) to (7) there is substituted—

“(5)Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a relevant officer of such local authority as may be specified in the licence”.

“(6)Any provision of sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if—

(a)any reference to secure accommodation were a reference to secure accommodation within the meaning of Part 2 of the Children (Scotland) Act 1995 or a young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989,

(b)except in section 103(2), any reference to the Secretary of State were a reference to the Scottish Ministers,

(c)any reference to an officer of a local probation board were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993,

(d)any reference to a youth court were a reference to a sheriff court,

(e)in section 103, any reference to a [F27local justice area] were a reference to a local government area within the meaning of the Local Government etc. (Scotland) Act 1994,

(f)in section 103(3), for paragraphs (b) and (c) there were substituted a reference to an officer of a local authority constituted under that Act for the local government area in which the offender resides for the time being,

(g)section 103(5) were omitted,

(h)in section 104, for subsection (1) there were substituted—

“(1)Where a detention and training order is in force in respect of an offender and it appears on information to a sheriff court having jurisdiction in the locality in which the offender resides that the offender has failed to comply with requirements under section 103(6)(b), the court may—

(a)issue a citation requiring the offender to appear before it at the time specified in the citation, or

(b)issue a warrant for the offender’s arrest.”,

(i)section 104(2) were omitted, and

(j)in section 104(6), the reference to the Crown Court were a reference to the High Court of Justiciary.”

(4)In paragraph 9 (restricted transfers from England and Wales to Northern Ireland)—

(a)for sub-paragraph (2)(a) there is substituted—

“(a)sections 241, 244, 247 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(aa)sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(ab)where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule 11 to that Act); and”,

(b)for sub-paragraph (4)(a) there is substituted—

“(a)sections 241, 249 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(aa)sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;

(ab)where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule 11 to that Act); and”,

(c)for sub-paragraphs (5) to (7) there is substituted—

“(5)Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides”.”

(5)In paragraph 15 (unrestricted transfers: general provisions), sub-paragraph (5) is omitted.

Textual Amendments

Commencement Information

I63Sch. 32 para. 85 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (subject to art. 2(2), Sch. 2)

86E+WIn Schedule 2 (repatriation of prisoners to the British Islands) paragraphs 2 and 3 are omitted.

Commencement Information

I64Sch. 32 para. 86 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(32) (subject to art. 2(2), Sch. 2)

Crime and Disorder Act 1998 (c. 37)E+W

87E+WThe Crime and Disorder Act 1998 is amended as follows.

Commencement Information

I65Sch. 32 para. 87 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(33) (subject to art. 2(2), Sch. 2)

F2888E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

89(1)Section 38 (local provision of youth justice services) is amended as follows.E+W

(2)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (4)(i), after “1997 Act”)” there is inserted “ or by virtue of conditions imposed under section 250 of the Criminal Justice Act 2003 ”.

Textual Amendments

Commencement Information

I66Sch. 32 para. 89 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(33) (subject to art. 2(2), Sch. 2)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

F3090E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Sch. 32 paras. 90-94 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3091E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Sch. 32 paras. 90-94 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3092E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Sch. 32 paras. 90-94 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3093E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Sch. 32 paras. 90-94 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3094E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Sch. 32 paras. 90-94 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

95E+W

[F31For section 33 there is substituted—

33“Meaning of “youth community order” and “community sentence”

(1)In this Act “youth community order” means any of the following orders—

(a)a curfew order;

(b)an exclusion order;

(c)an attendance centre order;

(d)a supervision order;

(e)an action plan order.

(2)In this Act “community sentence” means a sentence which consists of or includes—

(a)a community order under section 177 of the Criminal Justice Act 2003, or

(b)one or more youth community orders.”]

Textual Amendments

F31Sch. 32 para. 95 repealed (30.11.2009 for specified purposes and otherwise prosp.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 149, 153, Sch. 28 Pt. 1; S.I. 2009/3074, art. 2(u)(xxxi)

Commencement Information

I67Sch. 32 para. 95 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

96(1)Section 36B (electronic monitoring of requirements in community orders) is amended as follows.E+W

(2)In the heading for “community orders” there is substituted “ youth community orders ”, and

(3)In subsection (1)—

(a)for “to (4)” there is substituted “ and (3) ”, and

(b)for “community order” there is substituted “ youth community order ”.

(4)In subsection (2) and (6)(a), for “community order” there is substituted “ youth community order ”.

Commencement Information

I68Sch. 32 para. 96 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

97E+WF32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I69Sch. 32 para. 97 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

98E+WF33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I70Sch. 32 para. 98 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

99E+WF34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

100E+WF35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I71Sch. 32 para. 100 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

101E+WF36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I72Sch. 32 para. 101 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

102(1)Section 60 (attendance centre orders) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), for “sections 34 to 36 above” there is substituted “ sections 148, 150 and 156 of the Criminal Justice Act 2003 ” and for “21” there is substituted “ 16 ”, and

(b)in paragraph (b), for “[F3718]” there is substituted “ 16 ”, and

(c)paragraph (c) and the word “or” immediately preceding it are omitted.

(3)In subsection (4), for paragraphs (a) and (b) there is substituted “ shall not exceed 24 ”.

(4)In subsection (7), for “community order” there is substituted “ youth community order ”.

Textual Amendments

Commencement Information

I73Sch. 32 para. 102 partly in force; Sch. 32 para. 102 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 102(1)(2)(a)(4) in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

103E+WF38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I74Sch. 32 para. 103 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

104E+WF39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I75Sch. 32 para. 104 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

105E+WF40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I76Sch. 32 para. 105 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

F41106E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 32 para. 106 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

107E+WIn section 74 (requirements and provisions of reparation order, and obligations of person subject to it), in subsection (3)(a), after “community order” there is inserted “ or any youth community order ”.

Commencement Information

I77Sch. 32 para. 107 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

F42108E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42109E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42110E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42111E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42112E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42113E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42114E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42115E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42116E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42118E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42119E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42120E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F42121E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 32 paras. 108-121 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

122E+WF43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

123(1)Section 163 (interpretation) is amended as follows.E+W

(2)In the definition of “attendance centre” for “section 62(2) above” there is substituted “ section 221(2) of the Criminal Justice Act 2003 ”.

(3)In the definition of “attendance centre order” for the words from “by virtue of” to “Schedule 3” there is substituted “ by virtue of paragraph 4(2)(b) or 5(2)(b) of Schedule 3 ”.

F44(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)At the end there is inserted—

““youth community order” has the meaning given by section 33(1) above.”.

Textual Amendments

F44Sch. 32 para. 123(4) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F46Sch. 32 para. 123(6)(7) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1Sch. 32 para. 123 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Commencement Information

I78Sch. 32 para. 123 partly in force; Sch. 32 para. 123 not in force at Royal Assent, see s. 336(3); Sch. 32 para. 123(5) in force for certain purposes and Sch. 32 para. 123(1)(2)(4)(6)-(8) in force at 4.4.2005 by S.I. 2005/950, arts. 2, Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

F47124E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47Sch. 32 para. 124-126 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F47125E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47Sch. 32 para. 124-126 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F47126E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47Sch. 32 para. 124-126 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

127E+WF48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I79Sch. 32 para. 127 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

128E+WF49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I80Sch. 32 para. 128 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

129E+WF50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I81Sch. 32 para. 129 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (subject to art. 2(2), Sch. 2)

Child Support, Pensions and Social Security Act 2000 (c. 19)E+W

130E+WF51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51Sch. 32 paras. 130-132 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), ss. 58, 61, Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b)(vi)

131E+WF52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52Sch. 32 paras. 130-132 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), ss. 58, 61, Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b)(vi)

132E+WF53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Sch. 32 paras. 130-132 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), ss. 58, 61, Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b)(vi)

Criminal Justice and Court Services Act 2000 (c. 43)E+W

133E+WThe Criminal Justice and Court Services Act 2000 is amended as follows.

Commencement Information

I82Sch. 32 para. 133 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (subject to art. 2(2), Sch. 2)

134E+WIn section 1 (purposes of Chapter 1 of Part 1 of the Act), in subsection (2)—

(a)in paragraph (a), after “community orders” there is inserted “ (as defined by section 177 of the Criminal Justice Act 2003) ”, and

(b)after paragraph (c) there is inserted—

“(d)giving effect to suspended sentence orders (as defined by section 189 of the Criminal Justice Act 2003).”

Commencement Information

I83Sch. 32 para. 134 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (subject to art. 2(2), Sch. 2)

135E+WIn section 42 (interpretation of Part 2), in subsection (2)(a), for “section 119 of the Powers of Criminal Court (Sentencing) Act 2000” there is substituted “ paragraph 8(2)(a) or (b) of Schedule 12 of the Criminal Justice Act 2003 ”.

Commencement Information

I84Sch. 32 para. 135 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (subject to art. 2(2), Sch. 2)

136(1)Section 62 (release on licence etc: conditions as to monitoring) is amended as follows.E+W

(2)For subsection (3) there is substituted—

“(3)In relation to a prisoner released under section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 253 of that Act (curfew condition).”

(3)In subsection (5) after paragraph (e) there is inserted “, and

(f)a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003”.

Commencement Information

I85Sch. 32 para. 136 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (subject to art. 2(2), Sch. 2)

137E+WIn section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8), for paragraph (a) there is substituted—

“(a)murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003,”.

Commencement Information

I86Sch. 32 para. 137 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (subject to art. 2(2), Sch. 2)

138E+WF54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I87Sch. 32 para. 138 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(36) (subject to art. 2(2), Sch. 2)

International Criminal Court Act 2001 (c. 17)E+W

139(1)Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), is amended as follows.E+W

(2)In paragraph 2(1), for paragraph (d) there is substituted—

“(d)section 240 of the Criminal Justice Act 2003 (crediting of periods of remand in custody).”

(3)In paragraph 3(1), for “Part 2 of the Criminal Justice Act 1991” there is substituted “ sections 244 to 264 of the Criminal Justice Act 2003 ”.

Commencement Information

I88Sch. 32 para. 139 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(37) (subject to art. 2(2), Sch. 2)

Armed Forces Act 2001 (c. 19)E+W

140E+WF55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55Sch. 32 para. 140 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Proceeds of Crime Act 2002 (c. 29)E+W

F56141E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Sch. 32 para. 141 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Sexual Offences Act 2003 (c. 42)E+W

142E+WThe Sexual Offences Act 2003 is amended as follows.

Commencement Information

I89Sch. 32 para. 142 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(39) (subject to art. 2(2), Sch. 2)

143E+WIn section 131 (application of Part 2 to young offenders), after paragraph (j) there is inserted—

“(k)a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003,

(l)an extended sentence under section 228 of that Act,”.

Commencement Information

I90Sch. 32 para. 143 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(39) (subject to art. 2(2), Sch. 2)

144E+WIn section 133 (general interpretation), at the end of paragraph (a) of the definition of “community order” there is inserted “ (as that Act had effect before the passing of the Criminal Justice Act 2003) ”.

Commencement Information

I91Sch. 32 para. 144 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 42(39) (subject to art. 2(2), Sch. 2)

Part 2E+WOffences: abolition of imprisonment and conversion to summary offence

Prospective

Vagrancy Act 1824 (c. 83)E+W

145E+WIn section 3 of the Vagrancy Act 1824 (idle and disorderly persons), for the words from “subject to” to the end there is substituted “ it shall be lawful for any justice of the peace to impose on such person (being thereof convicted before him by his own view, or by the confession of such person, or by the evidence on oath of one or more credible witnesses) a fine not exceeding level 3 on the standard scale ”.

146(1)Section 4 of that Act (rogues and vagabonds) is amended as follows.E+W

(2)In that section, for the words from “shall be” to the end there is substituted “ commits an offence under this section ”.

(3)At the end of that section (which becomes subsection (1)) there is inserted—

“(2)It shall be lawful for any justice of the peace to impose on any person who commits an offence under this section (being thereof convicted before him by the confession of such person, or by the evidence on oath of one or more credible witnesses)—

(a)in the case of a person convicted of the offence of wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, and not giving a good account of himself, a fine not exceeding level 1 on the standard scale, and

(b)in the case of a person convicted of any other offence under this section, a fine not exceeding level 3 on the standard scale.”

Prospective

London Hackney Carriages Act 1843 (c. 86)E+W

147E+WIn section 28 of the London Hackney Carriages Act 1843, after “for every such offence”, there is inserted “ of which he is convicted before the justice ”.

Prospective

Town Police Clauses Act 1847 (c. 89)E+W

148E+WIn section 26 of the Town Police Clauses Act 1847, for the words from “committed by them” to the end, there is substituted “ liable to a fine not exceeding level 3 on the standard scale ”.

149E+WIn section 28 of that Act, after “for each offence”, there is inserted “ of which he is convicted before the justice ”.

150E+WIn section 29 of that Act, after “for every such offence”, there is inserted “ of which he is convicted before the justice ”.

151E+WIn section 36 of that Act, after “liable”, there is inserted “ on conviction before the justices ”.

Prospective

Seamen’s and Soldiers' False Characters Act 1906 (c. 5)E+W

152E+WF57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57Sch. 32 para. 152 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), {Sch. 1 P1. 1 Group 4}

Prospective

Aliens Restriction (Amendment) Act 1919 (c. 92)E+W

153E+WIn section 3(2) of the Aliens Restriction (Amendment) Act 1919, for “imprisonment for a term not exceeding three months” there is substituted “ a fine not exceeding level 3 on the standard scale ”.

Prospective

Polish Resettlement Act 1947 (c. 19)E+W

154E+WIn the Schedule to the Polish Resettlement Act 1947, in paragraph 7, for “imprisonment for a term not exceeding three months” there is substituted “ a fine not exceeding level 1 on the standard scale ”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)E+W

155E+WF58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58Sch. 32 paras. 155-157 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)E+W

156E+WF59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Sch. 32 paras. 155-157 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Naval Discipline Act 1957 (c. 53)E+W

157E+WF60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60Sch. 32 paras. 155-157 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Prospective

Slaughterhouses Act 1974 (c. 3)E+W

158E+WIn section 4 of the Slaughterhouses Act 1974, after subsection (5) there is inserted—

“(5A)A person guilty of an offence under subsection (5) above shall be liable to a fine not exceeding level 3 on the standard scale.”

Prospective

Water Industry Act 1991 (c. 56)E+W

159E+WIn Schedule 6 to the Water Industry Act 1991, in paragraph 5(4), for paragraphs (a) and (b) there is substituted “ , on summary conviction, to a fine not exceeding level 5 on the standard scale ”.

Prospective

Water Resources Act 1991 (c. 57)E+W

160E+WIn section 205(6) of the Water Resources Act 1991, for paragraphs (a) and (b) there is substituted “on summary conviction to a fine not exceeding level 5 on the standard scale”.

Prospective

Transport Act 2000 (c. 38)E+W

161E+WIn section 82(4) of the Transport Act 2000, after “subsection (1)” there is inserted “ or (2) ”.

Reserve Forces Act 1996 (c. 14)E+W

162E+WF61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61Sch. 32 para. 162 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

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