SCHEDULES

SCHEDULE 32Amendments relating to sentencing

Part 1General

Piracy Act 1837 (c. 88)

1

Section 3 of the Piracy Act 1837 (punishment for offence under certain repealed Acts relating to piracy) shall cease to have effect.

Children and Young Persons Act 1933 (c. 12)

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.

(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 ”.

Prison Act 1952 (c. 52)

3

In 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 ”.

Criminal Justice Act 1967 (c. 80)

4

The Criminal Justice Act 1967 is amended as follows.

5

In 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 ”.

6

In section 104 (general provisions as to interpretation)_

(a)

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

(b)

subsection (2) is omitted.

Criminal Appeal Act 1968 (c. 19)

7

The Criminal Appeal Act 1968 is amended as follows.

8

(1)

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

(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.

9

In section 11 (supplementary provisions as to appeal against sentence), subsection (4) is omitted.

10

In 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 ”.

Firearms Act 1968 (c. 27)

11

The Firearms Act 1968 is amended as follows.

Annotations:
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.

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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

(1)

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

(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.”

Social Work (Scotland) Act 1968 (c. 49)

14

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

Children and Young Persons Act 1969 (c. 54)

F515

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration Act 1971 (c. 77)

16

In 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 ”.

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

17

In 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)

18

(1)

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

(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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Armed Forces Act 1976 (c. 52)

19

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

Bail Act 1976 (c. 63)

20

The Bail Act 1976 is amended as follows.

21

(1)

Section 2 (other definitions) is amended as follows.

(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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

In 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).”

23

In 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) ”.

Criminal Law Act 1977 (c. 45)

F924

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates' Courts Act 1980 (c. 43)

25

The Magistrates' Courts Act 1980 is amended as follows.

F1026

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

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

28

In 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 ”.

F1129

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

In 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, ”.

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

31

In 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;”.

Public Passenger Vehicles Act 1981 (c. 14)

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.

(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”.

Criminal Attempts Act 1981 (c. 47)

F1233

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1982 (c. 48)

34

The Criminal Justice Act 1982 is amended as follows.

35

In 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 ”.

36

(1)

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

(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 ”.

Mental Health Act 1983 (c. 20)

37

The Mental Health Act 1983 is amended as follows.

38

In 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) ”.

39

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

Repatriation of Prisoners Act 1984 (c. 47)

40

The Repatriation of Prisoners Act 1984 is amended as follows.

41

In 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”.

42

In 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.

(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.

Annotations:
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)

44

In 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;”.

Criminal Justice Act 1988 (c. 33)

45

The Criminal Justice Act 1988 is amended as follows.

46

In 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.”

47

In 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 ”.

Firearms (Amendment) Act 1988 (c. 45)

48

The Firearms (Amendment) Act 1988 is amended as follows.

49

In 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,”.

50

In 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 ”.

Road Traffic Act 1988 (c. 52)

51

In 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)

52

The Road Traffic Offenders Act 1988 is amended as follows.

53

In 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 ”.

F1354

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Football Spectators Act 1989 (c. 37)

55

The Football Spectators Act 1989 is amended as follows.

56

In section 7 (disqualification for membership of scheme), subsection (9) is omitted.

F1457

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1558

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 1989 (c. 41)

59

The Children Act 1989 is amended as follows.

60

(1)

Section 68 (persons disqualified from being foster parents) is amended as follows.

(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).”

61

(1)

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

(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.”.

Criminal Justice Act 1991 (c. 53)

62

The Criminal Justice Act 1991 is amended as follows.

63

Section 65 (supervision of young offenders after release) is omitted.

64

(1)

Schedule 3 (reciprocal enforcement of certain orders) is amended as follows.

(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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aggravated Vehicle-Taking Act 1992 (c. 11)

F1865

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

66

In 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)

67

In 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 ”.

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

68

(1)

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

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.”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

69

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1996 (c. 56)

73

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

74

The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

75

In 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.”

76

In 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) ”.

77

In 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) ”.

78

(1)

Article 13 (community service orders) is amended as follows.

(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) ”.

79

In 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) ”.

80

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81

F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crime (Sentences) Act 1997 (c. 43)

82

The Crime (Sentences) Act 1997 is amended as follows.

83

(1)

Section 31 (duration and conditions of licences) is amended as follows.

(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 ”.

84

In 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.

(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.

86

In Schedule 2 (repatriation of prisoners to the British Islands) paragraphs 2 and 3 are omitted.

Crime and Disorder Act 1998 (c. 37)

87

The Crime and Disorder Act 1998 is amended as follows.

F2888

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89

(1)

Section 38 (local provision of youth justice services) is amended as follows.

(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 ”.

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

F3090

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3091

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3092

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3093

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3094

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95

F31For 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.”

96

(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 ”.

97

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

98

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

101

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102

(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 “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 ”.

103

F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104

F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41106

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

107

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 ”.

F42108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42109

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42117

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42120

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

122

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

123

(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 ”.

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.”.

F47124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47126

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

128

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

129

F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

130

F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

131

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

132

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

133

The Criminal Justice and Court Services Act 2000 is amended as follows.

134

In 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).”

135

In 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 ”.

136

(1)

Section 62 (release on licence etc: conditions as to monitoring) is amended as follows.

(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”.

137

In 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,”.

138

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

International Criminal Court Act 2001 (c. 17)

139

(1)

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

(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 ”.

Armed Forces Act 2001 (c. 19)

140

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceeds of Crime Act 2002 (c. 29)

F56141

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual Offences Act 2003 (c. 42)

142

The Sexual Offences Act 2003 is amended as follows.

143

In 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,”.

144

In 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) ”.