SCHEDULES

SCHEDULE 32Amendments relating to sentencing

Part 2Offences: abolition of imprisonment and conversion to summary offence

Vagrancy Act 1824 (c. 83)

145

In 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.

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.

London Hackney Carriages Act 1843 (c. 86)

147

In 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 ”.

Town Police Clauses Act 1847 (c. 89)

148

In 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 ”.

149

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

150

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

151

In section 36 of that Act, after “liable”, there is inserted “ on conviction before the justices ”.

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

152

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

Aliens Restriction (Amendment) Act 1919 (c. 92)

153

In 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 ”.

Polish Resettlement Act 1947 (c. 19)

154

In 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)

155

In section 61 of the Army Act 1955, for the words from “the like” to “section nineteen of this Act” there is substituted “ dismissal from Her Majesty’s service with or without disgrace, to detention for a term not exceeding three months, ”.

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

156

In section 61 of the Air Force Act 1955, for the words from “the like” to “section nineteen of this Act” there is substituted “ dismissal from Her Majesty’s service with or without disgrace, to detention for a term not exceeding three months, ”.

Naval Discipline Act 1957 (c. 53)

157

In section 34A of the Naval Discipline Act 1957, for the words “imprisonment for a term not exceeding three months” there is substituted “ dismissal from Her Majesty’s service with or without disgrace, detention for a term not exceeding three months, ”.

Slaughterhouses Act 1974 (c. 3)

158

In 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.

Water Industry Act 1991 (c. 56)

159

In 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 ”.

Water Resources Act 1991 (c. 57)

160

In 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”.

Transport Act 2000 (c. 38)

161

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

Reserve Forces Act 1996 (c. 14)

162

In paragraph 5(3) of Schedule 1 to the Reserve Forces Act 1996, for the words “imprisonment for a term not exceeding three months” there is substituted “ dismissal from Her Majesty’s service with or without disgrace, to detention for a term not exceeding 3 months, ”.