Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 8 — Changes to powers to make suspended sentence orders: consequential and transitory provision
Part 1 — Consequential amendments
158

Part 3
Savings
15
The amendments made by this Schedule do not have effect in relation to
directions and orders made by a court in proceedings commenced before the
relevant day.
5
16
For the purposes of paragraph 15—
(a)
“the relevant day”, in relation to an amendment, means the day on
which the amendment comes into force;
(b)
proceedings commence in the Court Martial Appeal Court when an
application for leave to appeal is made or (in the absence of such an
10
application) when notice of appeal is given;
(c)
proceedings commence in the Supreme Court when an application
for leave to appeal is made.
Schedule 8
Section 57

Changes to powers to make suspended sentence orders: consequential and
15
transitory provision
Part 1
Consequential amendments
Powers of Criminal Courts (Sentencing) Act 2000 (c.6)
1
In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 omit
20
the definition of “operational period”.
Criminal Justice Act 2003 (c. 44)
2
The Criminal Justice Act 2003 is amended as follows.
3
For the heading of Chapter 3 of Part 12 substitute “SUSPENDED
SENTENCE ORDERS”.
25
4
In section 190(2) (limits on power to impose requirements by suspended
sentence order), for “189(1)(a)” substitute “189(1A)”.
5
In section 191(1) (power to provide for review of suspended sentence order),
after “suspended sentence order” insert “that imposes one or more
community requirements”.
30
6     (1)
Section 195 (interpretation of Chapter 3) is amended as follows.
      (2)
For the definition of “operational period” and “supervision period”
substitute—
““operational period”, in relation to a suspended sentence, has
the meaning given by section 189(1)(a);”.
35
      (3)
After the definition of “sentence of imprisonment” insert—
“supervision period”, in relation to a suspended sentence, has
the meaning given by section 189(1A).”

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 8 — Changes to powers to make suspended sentence orders: consequential and transitory provision
Part 1 — Consequential amendments
159

7     (1)
Section 196 (meaning of “relevant order”) is amended as follows.
      (2)
In the heading, after ““relevant order”” insert “etc”.
      (3)
After subsection (1) insert—
“(1A)
In this Chapter “suspended sentence order” means a suspended
sentence order that imposes one or more community requirements.”
5
8
In section 200(4) (supervision period and operational period where unpaid
work requirement imposed by suspended sentence order)—
(a)
for “189(1)(a)” substitute “189(1A)”, and
(b)
for “189(1)(b)(ii)” substitute “189(1)(a)”.
9
In section 213(3)(d) (supervision requirement: meaning of “relevant period”)
10
for “189(1)(a)” substitute “189(1A)”.
10    (1)
Paragraph 8 of Schedule 12 (powers of court in case of breach of community
requirement or conviction of further offence) is amended as follows.
      (2)
In sub-paragraph (2), at the beginning of paragraph (c) insert “in the case of
a suspended sentence order that imposes one or more community
15
requirements,”.
      (3)
After that paragraph insert—
“(d)
in the case of a suspended sentence order that does not
impose any community requirements, the court may, subject
to section 189(3), amend the order by extending the
20
operational period.”
      (4)
In sub-paragraph (4)(a), for “the community requirements” substitute “any
community requirements”.
      (5)
In sub-paragraph (8), for “the community” substitute “any community”.
11
In Part 3 of Schedule 12 (amendment of suspended sentence order), before
25
paragraph 13 (and before the italic heading before that paragraph) insert—
“Application of Part
12A
This Part of this Schedule applies only in relation to a suspended
sentence order that imposes one or more community
requirements.”
30
12    (1)
Schedule 13 (transfer of suspended sentence orders to Scotland or Northern
Ireland) is amended as follows.
      (2)
In paragraph 1(1) (suspended sentence order in respect of an offender
residing in Scotland)—
(a)
after “a suspended sentence order” in the first place those words
35
appear insert “that imposes one or more community requirements”,
and
(b)
before “a suspended sentence order” in the second place those words
appear insert “such”.
      (3)
In paragraph 6(1) (suspended sentence order in respect of an offender
40
residing in Northern Ireland)—

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 9 — Repeal of sections 181 to 188 of the 2003 Act: consequential amendments
160

(a)
after “a suspended sentence order” in the first place those words
appear insert “that imposes one or more community requirements”,
and
(b)
before “a suspended sentence order” in the second place those words
appear insert “such”.
5
Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)
13
In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order
2005 omit—
(a)
article 2(2) (modifications to section 189 of the Criminal Justice Act
2003 pending the commencement of section 78 of the Powers of
10
Criminal Courts (Sentencing) Act 2000), and
(b)
article 3(2)(a) (modifications to section 189 of the Criminal Justice Act
2003 pending the commencement of section 61 of the Criminal
Justice and Court Services Act 2000).
Part 2
15
Transitory provision
14
In relation to any time before the coming into force of section 61 of the
Criminal Justice and Court Services Act 2000 (abolition of sentences of
detention in a young offender institution, custody for life etc), section 189 of
the Criminal Justice Act 2003 has effect with the following modifications—
20
(a)
in subsection (1), after the first “imprisonment” insert “or, in the case
of a person aged at least 18 but under 21, a sentence of detention in a
young offender institution”,
(b)
in that subsection, after the second “imprisonment” insert “or
detention in a young offender institution”, and
25
(c)
in subsection (1B), after “imprisonment” insert “or detention in a
young offender institution”.
Schedule 9
Section 72

Repeal of sections 181 to 188 of the 2003 Act: consequential amendments
Prison Act 1952 (c. 52)
30
1
Omit section 49(4A) of the Prison Act 1952 (persons unlawfully at large).
Criminal Justice Act 1961 (c. 39)
2
In section 23 of the Criminal Justice Act 1961 (prison rules)—
(a)
in subsection (3), for “Subject to subsection (3A), the days” substitute
“The days”;
35
(b)
omit subsection (3A).
Firearms Act 1968 (c. 27)
3
In section 21 of the Firearms Act 1968 (possession of firearms by persons
previously convicted of crime), omit—

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 9 — Repeal of sections 181 to 188 of the 2003 Act: consequential amendments
161

(a)
subsection (2A)(d);
(b)
subsection (2B);
(c)
in subsection (6), “, (2B)”.
Magistrates’ Courts Act 1980 (c. 43)
4
Omit section 131(2A) of the Magistrates’ Courts Act 1980 (remand of
5
accused already in custody).
Road Traffic Offenders Act 1988 (c. 53)
5
In section 35A of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed), omit subsection
(4)(c) and (d).
10
Football Spectators Act 1989 (c. 37)
6
In the Football Spectators Act 1989, omit—
(a)
section 14E(7) (banning orders);
(b)
section 18(5) (information).
Prisoners (Return to Custody) Act 1995 (c. 3)
15
7
Omit section 1(1A) of the Prisoners (Return to Custody) Act 1995 (remaining
at large after temporary release).
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
8
In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995
(qualifications for standard licence), in paragraph 3(2)(a), for the words from
20
“of 12 months or more” to the end substitute “exceeding 3 months”.
Crime (Sentences) Act 1997 (c. 43)
9     (1)
Schedule 1 to the Crime (Sentences) Act 1997 (transfers of prisoners within
the British Islands) is amended as follows.
      (2)
In paragraph 6(4), omit the definitions of “custody plus order” and
25
“intermittent custody order”.
      (3)
In paragraph 8, in sub-paragraphs (2) and (4)—
(a)
after paragraph (aa) insert “; and”;
(b)
omit paragraph (ab).
      (4)
In paragraph 9, in sub-paragraphs (2) and (4)—
30
(a)
after paragraph (aa) insert “; and”;
(b)
omit paragraph (ab).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
10
In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000
(extension of disqualification where custodial sentence also imposed), omit
35
subsection (4)(c) and (d).

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 9 — Repeal of sections 181 to 188 of the 2003 Act: consequential amendments
162

Extradition Act 2003 (c. 41)
11    (1)
The Extradition Act 2003 is amended as follows.
      (2)
In the following provisions, omit “(other than temporarily on licence
pursuant to an intermittent custody order under section 183(1)(b) of the
Criminal Justice Act 2003)”—
5
(a)
section 59(11)(b) (return of person to serve remainder of sentence);
(b)
section 132(11)(b) (return of person to serve remainder of sentence);
(c)
section 153B(10)(a)(ii) (return of person in pursuance of
undertaking).
      (3)
In section 216 (interpretation), omit subsection (6A).
10
Criminal Justice Act 2003 (c. 44)
12
The Criminal Justice Act 2003 is amended as follows.
13
In section 195 (interpretation of Chapter 3), omit the definitions of “custodial
period”, “licence period” and “the number of custodial days”.
14    (1)
Section 196 (meaning of “relevant order” in Chapter 4) is amended as
15
follows.
      (2)
In subsection (1)—
(a)
at the end of paragraph (a) insert “or”;
(b)
omit paragraph (b);
(c)
omit paragraph (d) and the word “or” preceding it.
20
      (3)
Omit subsection (2).
15
In section 197(1)(a)(i) (meaning of “responsible officer), omit “182(1) or”.
16
In section 202(4)(b) (circumstances in which court must not include
programme requirement), omit “(or, where the relevant order is a custody
plus order or an intermittent custody order, will be)”.
25
17
Omit section 204(4) and (5) (restrictions on imposing curfew requirement).
18
In section 213(3) (definition of “relevant period” for supervision
requirement), omit paragraphs (b) and (c).
19
Omit section 216(2) (requirement to specify area in which offender will
reside).
30
20
In section 241 (effect of direction under section 240 or 240A)—
(a)
in subsection (1), omit “or Chapter 3 (prison sentences of less than
twelve months)”;
(b)
omit subsection (2).
21    (1)
Section 244 (duty to release prisoners) is amended as follows.
35
      (2)
Omit subsection (2).
      (3)
In subsection (3)—
(a)
omit paragraphs (b) and (c);
(b)
in paragraph (d), omit “none of which falls within paragraph (c)”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 9 — Repeal of sections 181 to 188 of the 2003 Act: consequential amendments
163

22
Omit section 245 (restrictions on duty to release intermittent custody
prisoners).
23    (1)
Section 246 (power to release prisoners on licence early) is amended as
follows.
      (2)
In subsection (1)—
5
(a)
in paragraph (a), omit “, other than an intermittent custody
prisoner,”;
(b)
omit paragraph (b) and the word “and” preceding it.
      (3)
Omit subsection (3).
      (4)
In subsection (4)(i), omit from “or, where the sentence is one of intermittent
10
custody” to the end.
      (5)
In subsection (5)—
(a)
in paragraph (a), omit “or (b), (3)”;
(b)
in paragraph (c), omit “or (3)(b)(ii)”.
      (6)
In subsection (6)—
15
(a)
omit the definition of “the required custodial days”;
(b)
in the definition of “the requisite custodial period”, omit “other than
a sentence of intermittent custody” and “, (b)”;
(c)
omit the definition of “sentence of intermittent custody”.
24
In section 249 (duration of licence)—
20
(a)
in subsection (1), for “subsections (2) and (3)” substitute “subsection
(3)”;
(b)
omit subsection (2);
(c)
in subsection (3), omit the words from “and subsection (2)” to the
end;
25
(d)
omit subsection (4).
25
In section 250 (licence conditions)—
(a)
omit subsections (2), (2A), (3) and (6);
(b)
in subsection (7), for the words from “section 264(3)” to the end
substitute “and section 264(3) (consecutive terms)”.
30
26
Omit section 251 (licence conditions on re-release of those serving less than
12 months).
27
In section 252(2) (duty to comply with licence conditions: overseas)—
(a)
at the end of paragraph (a) insert “and”;
(b)
omit paragraph (b).
35
28
Omit section 253(4) (curfew conditions for those subject to intermittent
custody order).
29
In section 260(7) (early removal of persons liable to removal from UK:
definition of “requisite custodial period”), omit “, (b)”.
30
In section 261(6) (re-entry to UK of offender removed early: definitions), in
40
the definition of “requisite custodial period”, omit “, (b)”.
31
Omit section 263(3) (concurrent terms: requirements of licence).
32    (1)
Section 264 (consecutive terms) is amended as follows.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 9 — Repeal of sections 181 to 188 of the 2003 Act: consequential amendments
164

      (2)
Omit subsection (1)(c) and the “and” preceding it.
      (3)
In subsection (6) omit—
(a)
paragraph (a)(iii) and the “and” preceding it;
(b)
paragraph (b).
33
Omit section 264A (consecutive terms: intermittent custody).
5
34
Omit section 265(1B) (restriction on consecutive sentences: intermittent
custody).
35
In section 268 (interpretation of Chapter 6), omit the definitions of
“intermittent custody prisoner”, “release” and “relevant court order”.
36
In section 302 (execution of process between England and Wales and
10
Scotland), omit “paragraph 8(1) of Schedule 10”.
37
In section 305(1) (interpretation of Part 12)—
(a)
omit the definition of “custody plus order”;
(b)
omit the definition of “intermittent custody order”;
(c)
omit the words “custody plus order, intermittent custody order”
15
(wherever they appear);
(d)
in the definition of “responsible officer”, omit the words “a custody
plus order, an intermittent custody order”.
38    (1)
Schedule 12 (breach or amendment of suspended sentence order etc) is
amended as follows.
20
      (2)
In paragraph 8(2) (powers of court on breach of community requirement or
conviction of further offence)—
(a)
in paragraph (a), omit “and custodial period”;
(b)
in paragraph (b), for the words from “with either or both” to the end
substitute “with the substitution for the original term of a lesser
25
term”.
      (3)
In paragraph 9(1) (further provision as to order that suspended sentence is
to take effect)—
(a)
omit “and custodial period”;
(b)
omit paragraph (a).
30
39
In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2),
(3) and (6), 29, 57, 58 and 68(2).
Domestic Violence, Crime and Victims Act 2004 (c. 28)
40    (1)
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
      (2)
Omit section 31 and Schedule 6 (intermittent custody).
35
      (3)
In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act
2003.
Armed Forces Act 2006 (c. 52)
41    (1)
The Armed Forces Act 2006 is amended as follows.
      (2)
In section 196 (term of sentence etc), omit—
40
(a)
the reference to sections 181 and 182 of the Criminal Justice Act 2003;