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Powers of Criminal Courts (Sentencing) Act 2000
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Changes over time for: Section 164
Version Superseded: 17/07/2015
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Powers of Criminal Courts (Sentencing) Act 2000, Section 164 is up to date with all changes known to be in force on or before 17 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.
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164 Further interpretive provisions.E+W
(1)For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State, his age shall be deemed 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.
(2)Any reference in this Act to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under this or any Act on the imprisonment of young offenders.
[F1(3)References in this Act to a sentence falling to be imposed—
(a)under section 110(2) or 111(2) above,
[F2(aa)under section 1A(5) of the Prevention of Crime Act 1953,]
(b)under section 51A(2) of the Firearms Act 1968, F3...
[F4(ba)under section 139AA(7) of the Criminal Justice Act 1988,]
(c)under [F5section [F6224A,] 225(2) or 226(2) ] of the Criminal Justice Act 2003,[F7or
(d)under section 29(4) or (6) of the Violent Crime Reduction Act 2006,]
are to be read in accordance with section 305(4) of the Criminal Justice Act 2003.]
Textual Amendments
F1S. 164(3) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 124; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F2S. 164(3)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 14(2); S.I. 2012/2770, art. 2(f)
F3Word in s. 164(3)(b) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 1 para. 8, Sch. 5; S.I. 2007/858, art. 2(g)(n)(xi)
F4S. 164(3)(ba) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 14(3); S.I. 2012/2770, art. 2(f)
F5Words in s. 164(3)(c) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 48; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(o)
F6Words in s. 164(3)(c) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 19 para. 7; S.I. 2012/2906, art. 2(q)
F7S. 164(3)(d) and word inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 1 para. 8; S.I. 2007/858, art. 2(g)
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