Crime and Disorder Act 1998

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

Valid from 04/01/1999

49 In 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.”

Commencement Information

I1 Sch. 8 para. 49 wholly in force; Sch. 8 para. 49 not in force at Royal Assent, see s. 121; Sch. 8 para. 49 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); Sch. 8 para. 49 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)

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, ”

Modifications etc. (not altering text)

C1 Sch. 8 para. 50(1) applied (1.4.2000) by S.I. 1999/3426, art. 4(1)(a)(ii)

Commencement Information

I2 Sch. 8 para. 50 wholly in force at 1.4.2000; Sch. 8 para. 50 not in force at Royal Assent see s. 121; Sch. 8 para. 50(5) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8); Sch. 8 para. 50(1)-(4) in force at 1.4.2000 by S.I. 1999/3426, art. 3(b) (with art. 4(3))

Valid from 01/04/2000

51 In 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.

Valid from 04/01/1999

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 ”.

Commencement Information

I3 Sch. 8 para. 52 partly in force; Sch. 8 para. 52 not in force at Royal Assent, see s. 121; Sch. 8 para. 52(2) in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); s. 52(1) in force at 1.4.2000 by S.I. 1999/3426, art. 3(b); Sch. 8 para. 52(2) in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)

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 M1 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.”

Commencement Information

I4 Sch. 8 para. 53 wholly in force; Sch. 8 para. 53 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)

Marginal Citations

M1 1991 c.53.