SCHEDULES

SCHEDULE 32Amendments relating to sentencing

Part 1General

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

I390

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

I491

1

Section 6 (committal for sentence in certain cases where offender committed in respect of another offence) is amended as follows.

2

In subsection (3)(b), for “section 120(1) below” there is substituted “ paragraph 11(1) of Schedule 12 to the Criminal Justice Act 2003 ”.

3

For subsection (4)(e), there is substituted—

e

paragraph 11(2) of Schedule 12 to the Criminal Justice Act 2003 (committal to Crown Court where offender convicted during operational period of suspended sentence).

I592

In section 7 (power of Crown Court on committal for sentence under section 6), in subsection (2), for “section 119 below” there is substituted “ paragraphs 8 and 9 of Schedule 12 to the Criminal Justice Act 2003 ”.

I693

In section 12 (absolute and conditional discharge)—

a

in subsection (1) for “109(2), 110(2) or 111(2) below” there is substituted “ section 110(2) or 111(2) below, section 51A(2) of the Firearms Act 1968 or section 225, 226, 227 or 228 of the Criminal Justice Act 2003) ”, and

b

subsection (4) (duty to explain effect of order for conditional discharge) is omitted.

I794

In the heading to Part 4, and the heading to Chapter 1 of that Part, for “COMMUNITY ORDERS” there is substituted “ YOUTH COMMUNITY ORDERS ”.

I895

F16For section 33 there is substituted—

33Meaning 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.

I996

1

Section 36B (electronic monitoring of requirements in community orders) is amended as follows.

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 ”.

I1097

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1198

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I12100

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I13101

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1102

1

Section 60 (attendance centre orders) is amended as follows.

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 “21” 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 ”.

I14103

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I15104

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I16105

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I17106

1

Section 73 (reparation orders) is amended as follows.

2

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Subsection (7) is omitted.

I18107

In 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 ”.

I19108

In section 76 (meaning of custodial sentence), in subsection (1) after paragraph (b) there is inserted—

bb

a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003;

bc

a sentence of detention under section 228 of that Act;

I36109

1

Section 82A (determination of tariffs) is amended as follows.

2

In subsection (1), for the words from “where” onwards there is substituted “ where the sentence is not fixed by law ”.

3

In subsection (3)—

a

in paragraph (b), for “section 87” there is substituted “ section 240 of the Criminal Justice Act 2003 ”, and

b

in paragraph (c), for “sections 33(2) and 35(1) of the Criminal Justice Act 1991” there is substituted “ section 244(1) of the Criminal Justice Act 2003 ”.

4

In subsection (4)—

a

after “If” there is inserted “ the offender was aged 21 or over when he committed the offence and ”, and

b

the words “subject to subsection (5) below” are omitted.

5

Subsections (5) and (6) are omitted.

Annotations:
Commencement Information
I36

Sch. 32 partly in force; Sch. 32 para. 109(2)(3)(b)(4)(5) in force at 18.12.2003, see s. 336(2); Sch. 32 para. 109(1) in force for certain purposes and Sch. 32 para. 109(3)(a) 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)

I20110

1

Section 91 (offenders under 18 convicted of certain serious offences) is amended as follows.

2

In subsection (3), for “none of the other methods in which the case may legally be dealt with” there is substituted “ neither a community sentence nor a detention and training order ”.

3

In subsection (4), for “section 79 and 80 above” there is substituted “ section 152 and 153 of the Criminal Justice Act 2003 ”.

I21111

1

Section 100 (detention and training orders) is amended as follows.

2

In subsection (1)—

a

for the words from the beginning to “subsection (2)” there is substituted “ Subject to sections 90 and 91 above, sections 226 and 228 of the Criminal Justice Act 2003, and subsection (2) ”, and

b

for paragraph (b) there is substituted—

b

the court is of the opinion that subsection (2) of section 152 of the Criminal Justice Act 2003 applies or the case falls within subsection (3) of that section,

3

Subsection (4) is omitted.

I22112

In section 106 (interaction of detention and training orders with sentences of detention in a young offender institution), subsections (2) and (3) are omitted.

I23113

After section 106 there is inserted—

106AInteraction with sentences of detention

1

In this section—

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

  • “sentence of detention” means—

    1. a

      a sentence of detention under section 91 above, or

    2. b

      a sentence of detention under section 228 of the 2003 Act (extended sentence for certain violent or sexual offences: persons under 18).

2

Where a court passes a sentence of detention in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—

a

if the offender has at any time been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which the sentence is passed, and

b

if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.

3

Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention, the order shall take effect as follows—

a

if the offender has at any time been released under Chapter 6 of Part 12 of the 2003 Act (release on licence of fixed-term prisoners), at the beginning of the day on which the order is made, and

b

if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Chapter.

4

Where an order under section 102(5) above is made in the case of a person in respect of whom a sentence of detention is to take effect as mentioned in subsection (2)(b) above, the order is to be expressed as an order that the period of detention attributable to the detention and training order is to end at the time determined under section 102(5)(a) or (b) above.

5

In determining for the purposes of subsection (3)(b) the time when an offender would otherwise be released under Chapter 6 of Part 12 of the 2003 Act, section 246 of that Act (power of Secretary of State to release prisoners on licence before he is required to do so) is to be disregarded.

6

Where by virtue of subsection (3)(b) above a detention and training order made in the case of a person who is subject to a sentence of detention under section 228 of the 2003 Act is to take effect at the time when he would otherwise be released under Chapter 6 of Part 12 of that Act, any direction by the Parole Board under subsection (2)(b) of section 247 of that Act in respect of him is to be expressed as a direction that the Board would, but for the detention and training order, have directed his release under that section.

7

Subject to subsection (9) below, where at any time an offender is subject concurrently—

a

to a detention and training order, and

b

to a sentence of detention,

he shall be treated for the purposes of the provisions specified in subsection (8) below as if he were subject only to the sentence of detention.

8

Those provisions are—

a

sections 102 to 105 above,

b

section 92 above and section 235 of the 2003 Act (place of detention, etc.), and

c

Chapter 6 of Part 12 of the 2003 Act.

9

Nothing in subsection (7) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.

I24114

In section 110 (required custodial sentence for third class A drug trafficking offence), subsection (3) is omitted.

I25115

In section 111 (minimum of three years for third domestic burglary) subsection (3) is omitted.

I37116

Sections 116 and 117 (return to prison etc. where offence committed during original sentence) shall cease to have effect.

I26117

In section 130 (compensation orders against convicted persons), in subsection (2), for “109(2), 110(2) or 111(2) above,” there is substituted “ 110(2) or 111(2) above, section 51A(2) of the Firearms Act 1968 or section 225, 226, 227 or 228 of the Criminal Justice Act 2003, ”.

I27118

In section 136 (power to order statement as to financial circumstances of parent or guardian) in subsection (2), for “section 126 above” there is substituted “ section 162 of the Criminal Justice Act 2003 ”.

I28119

1

Section 138 (fixing of fine or compensation to be paid by parent or guardian) is amended as follows.

2

In subsection (1)(a), for “section 128 above” there is substituted “ section 164 of the Criminal Justice Act 2003 ”.

3

In subsection (2), for “sections 128(1) (duty to inquire into financial circumstances) and” there is substituted “ section 164(1) of the Criminal Justice Act 2003 and section ”.

4

In subsection (4)—

a

for “section 129 above” there is substituted “ section 165 of the Criminal Justice Act 2003 ”,

b

for “section 129(1)” there is substituted “ section 165(1) ”, and

c

for “section 129(2)” there is substituted “ section 165(2) ”.

I29120

In section 146 (driving disqualification for any offence), in subsection (2), for “109(2), 110(2) or 111(2) above” there is substituted “ 110(2) or 111(2) above, section 51A(2) of the Firearms Act 1968 or section 225, 226, 227 or 228 of the Criminal Justice Act 2003 ”.

I30121

In section 154 (commencement of Crown Court sentence), in subsection (2), for “section 84 above” there is substituted “ section 265 of the Criminal Justice Act 2003 ”.

122

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I2123

1

Section 163 (interpretation) is amended as follows.

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 ”.

4

In the definition of “community order”, for “section 33(1) above” there is substituted “ section 177(1) of the Criminal Justice Act 2003 ”.

5

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In the definition of “operational period”, for “section 118(3) above” there is substituted “ section 189(1)(b)(ii) of the Criminal Justice Act 2003 ”.

7

In the definition of “suspended sentence”, for “section 118(3) above” there is substituted “ section 189(7) of the Criminal Justice Act 2003 ”.

8

At the end there is inserted—

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

I31124

In section 164 (further interpretative provision) for subsection (3) there is substituted—

3

References in this Act to a sentence falling to be imposed—

a

under section 110(2) or 111(2) above,

b

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

c

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

are to be read in accordance with section 305(4) of the Criminal Justice Act 2003.

125

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I32126

In Schedule 5 (breach, revocation and amendment of attendance centre orders)—

a

in paragraph 1(1)(b), for “section 62(3) of this Act” there is substituted “ section 222(1)(d) or (e) of the Criminal Justice Act 2003 ”,

b

in paragraph 2(5)(b), for “section 79(2) of this Act” there is substituted “ section 152(2) of the Criminal Justice Act 2003 ”, and

c

in paragraph 3(3)(b), for “section 79(2) of this Act” there is substituted “ section 152(2) of the Criminal Justice Act 2003 ”.

I33127

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I34128

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I35129

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .