Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109)

Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

3 In section 1(8A) of the Police and Criminal Evidence Act 1984 (power of
constable to stop and search persons, vehicles etc) after “139” insert “or
139AA”.

5Criminal Justice Act 1988 (c. 33)1988 (c. 33)

4 The Criminal Justice Act 1988 is amended as follows.

5 (1) Section 36(2)(b) (reviews of sentencing) is amended as follows.

(2) Before sub-paragraph (i) insert—

“(zi) section 1A(5) of the Prevention of Crime Act 1953;”.

(3) 10After sub-paragraph (i) insert—

“(ia) section 139AA(7) of this Act;”.

6 (1) Section 139B (power of entry to search for articles with a blade or point and
offensive weapons) is amended as follows.

(2) In subsection (1) after “139A” insert “or 139AA”.

(3) 15In subsection (4)—

(a) after “In the application of this section to Northern Ireland” insert “—

(a)”;

(b) at the end add “, and

“(b) the reference in subsection (1) to section 139AA is
20omitted.”

7 In section 172(3) (provisions extending to Northern Ireland) for “sections 139
to 139B” substitute—

• “section 139;

• section 139A;

• 25section 139B;”.

Youth Justice and Criminal Evidence Act 1999 (c. 23)1999 (c. 23)

8 (1) Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (relevant
offences for the purposes of section 17: witnesses eligible for assistance on
grounds of fear or distress about testifying) is amended as follows.

(2) 30After paragraph 9 insert—

“9A An offence under section 1A of that Act (threatening with a
weapon in public).”

(3) After paragraph 26 insert—

“26A An offence under section 139AA of that Act (threatening with
35article with blade or point or offensive weapon).”

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

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

10 In section 12(1) (absolute and conditional discharge) for “section 51A(2) of
the Firearms Act 1968” substitute “section 1A(5) of the Prevention of Crime

Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of the
Criminal Justice Act 1988”.

11 In section 100 (offenders under 18: detention and training orders) after
subsection (1) insert—

“(1A) 5Subsection (1) applies with the omission of paragraph (b) in the case
of an offence the sentence for which falls to be imposed under these
provisions—

(a) section 1A of the Prevention of Crime Act 1953 (threatening
with weapon in public);

(b) 10section 139AA of the Criminal Justice Act 1988 (threatening
with article with blade or point or offensive weapon).”

12 In section 130(2) (compensation orders against convicted persons) for
“section 51A(2) of the Firearms Act 1968” substitute “section 1A(5) of the
Prevention of Crime Act 1953, section 51A(2) of the Firearms Act 1968,
15section 139AA(7) of the Criminal Justice Act 1988”.

13 In section 146(2) (driving disqualification for any offence) for “section 51A(2)
of the Firearms Act 1968” substitute “section 1A(5) of the Prevention of
Crime Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of
the Criminal Justice Act 1988”.

14 (1) 20Section 164(3) (further interpretative provisions) is amended as follows.

(2) After paragraph (a) insert—

“(aa) under section 1A(5) of the Prevention of Crime Act 1953,”.

(3) After paragraph (b) insert—

“(ba) under section 139AA(7) of the Criminal Justice Act 1988,”.

25Criminal Justice Act 2003 (c 44)2003 (c 44)

15 The Criminal Justice Act 2003 is amended as follows.

16 (1) Section 142(2)(c) (purposes of sentencing: offenders aged 18 or over) is
amended as follows.

(2) After “falls to be imposed” insert “under section 1A(5) of the Prevention of
30Crime Act 1953 (minimum sentence for offence of threatening with offensive
weapon in public),”.

(3) After “firearms offences),” insert “under section 139AA(7) of the Criminal
Justice Act 1988 (minimum sentence for offence of threatening with article
with blade or point or offensive weapon),”.

17 (1) 35Section 144 (reduction in sentences for early guilty pleas) is amended as
follows.

(2) In subsection (2)—

(a) for “subsection (2) of section 110 or 111 of the Sentencing Act”
substitute “a provision mentioned in subsection (3)”;

(b) 40for “that subsection” in each place substitute “that provision”.

(3) After that subsection insert—

“(3) The provisions referred to in subsection (2) are—

• section 1A(6)(a) of the Prevention of Crime Act 1953;

Legal Aid, Sentencing and Punishment of Offenders BillPage 232

• section 110(2) of the Sentencing Act;

• section 111(2) of the Sentencing Act;

• section 139AA(8)(a) of the Criminal Justice Act 1988.

(4) In the case of an offence the sentence for which falls to be imposed
5under a provision mentioned in subsection (5), nothing in that
provision prevents the court from imposing any sentence that it
considers appropriate after taking into account any matter referred
to in subsection (1) of this section.

(5) The provisions referred to in subsection (4) are—

• 10section 1A(6)(b) of the Prevention of Crime Act 1953;

• section 139AA(8)(b) of the Criminal Justice Act 1988.”

18 (1) Section 150 (community sentence not available where sentence fixed by law
etc) is amended as follows.

(2) After paragraph (a) insert—

“(aa) 15falls to be imposed under section 1A(5) of the Prevention of
Crime Act 1953 (minimum sentence for offence of
threatening with offensive weapon in public),”.

(3) After paragraph (b) insert—

“(ba) falls to be imposed under section 139AA(7) of the Criminal
20Justice Act 1988 (minimum sentence for offence of
threatening with article with blade or point or offensive
weapon),”.

19 In section 152(1)(b) (general restrictions on imposing discretionary custodial
sentences) for “under section 51A(2) of the Firearms Act 1968 (c. 27)1968 (c. 27),”
25substitute “under section 1A(5) of the Prevention of Crime Act 1953, under
section 51A(2) of the Firearms Act 1968, under section 139AA(7) of the
Criminal Justice Act 1988,”.

20 In section 153(2) (length of discretionary custodial sentences: general
provision) for “section 51A(2) of the Firearms Act 1968 (c. 27)1968 (c. 27),” substitute
30“section 1A(5) of the Prevention of Crime Act 1953, section 51A(2) of the
Firearms Act 1968, section 139AA(7) of the Criminal Justice Act 1988,”.

21 (1) Section 305(4) (interpretation of Part 12) is amended as follows.

(2) Before paragraph (a) insert—

“(za) a sentence falls to be imposed under subsection (5) of section
351A of the Prevention of Crime Act 1953 if it is required by that
subsection and the court is not of the opinion there
mentioned,”.

(3) After paragraph (a) insert—

“(aa) a sentence falls to be imposed under subsection (7) of section
40139AA of the Criminal Justice Act 1988 if it is required by that
subsection and the court is not of the opinion there
mentioned,”.

Armed Forces Act 2006 (c. 52)2006 (c. 52)

22 The Armed Forces Act 2006 is amended as follows.

23 After section 227 (firearms offences) insert—

“227A Offences of threatening with a weapon in public or on school
premises

(1) This section applies if—

(a) 5a person aged 18 or over is convicted by a court of an offence
under section 42 (criminal conduct); and

(b) the corresponding offence under the law of England and
Wales is an offence under section 1A of the Prevention of
Crime Act 1953 or section 139AA of the Criminal Justice Act
101988 (threatening with article with blade or point or offensive
weapon in public or on school premises).

(2) The court must impose a sentence of imprisonment for a term of at
least 6 months unless the court is of the opinion that there are
particular circumstances which—

(a) 15relate to the offence or to the offender, and

(b) would make it unjust to do so in all the circumstances.

(3) In relation to times before the coming into force of section 61 of the
Criminal Justice and Court Services Act 2000, the reference in
subsection (2) to a sentence of imprisonment, in relation to an
20offender aged under 21 at the time of conviction, is to be read as a
reference to a sentence of detention in a young offender institution.”

24 In section 237(3) (duty to have regard to purposes of sentencing etc) after
paragraph (b) insert “;

(c) an offence the sentence for which falls to be imposed under
25section 227A(2).”

25 In section 239 (reduction in sentences for guilty pleas) at the end insert—

“(6) Nothing in section 227A(2) prevents the court, after taking into
account any matter mentioned in subsection (2) of this section, from
imposing any sentence which is at least 80% of that specified in
30section 227A(2).”

26 In section 260(1)(b) (discretionary custodial sentences: general restrictions)
for “227” substitute “227A”.

27 In section 261(3) (length of discretionary custodial sentences: general
provision) for “and 227” substitute “, 227 and 227A”.

28 35In section 273(6)(b) (review of unduly lenient sentence by Court Martial
Appeal Court) for “or 227” substitute “, 227 or 227A”.

29 (1) Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows.

(2) After sub-paragraph (r) insert—

“(ra) an offence under section 1A of the Prevention of Crime Act
401953 (threatening with weapon in public);”.

(3) In paragraph (ai)—

(a) after “134” insert “, 139AA”;

(b) after “torture,” insert “threatening with article with blade or point or
offensive weapon,”.

Coroners and Justice Act 2009 (c. 25)2009 (c. 25)

30 (1) Section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines:
duty of court) is amended as follows.

(2) After paragraph (e) insert—

“(ea) 5section 1A(5) of the Prevention of Crime Act 1953 (minimum
sentence for offence of threatening with offensive weapon in
public);”.

(3) After paragraph (f) insert—

“(fa) section 139AA(7) of the Criminal Justice Act 1988 (minimum
10sentence for offence of threatening with article with blade or
point or offensive weapon);”.

Section 129

SCHEDULE 23 Causing serious injury by dangerous driving: minor and consequential
amendments

15Road Traffic Act 1988 (c. 52)1988 (c. 52)

1 In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to
3 for authorised motoring events) after “sections 1,” insert “1A,”.

Road Traffic Offenders Act 1988 (c. 53)1988 (c. 53)

2 The Road Traffic Offenders Act 1988 is amended as follows.

3 20In section 23(1A) (alternative verdicts in Scotland) after paragraph (a)
insert—

“(aa) an offence under section 1A of that Act (causing serious
injury by dangerous driving),”.

4 (1) Section 24 (alternative verdicts: general) is amended as follows.

(2) 25In subsection (A2) after paragraph (a) insert—

“(aa) an offence under section 1A of that Act (causing serious
injury by dangerous driving),”.

(3) In the table in subsection (1) in the appropriate place insert—

5 In section 34(4) (disqualification for certain offences) after paragraph (a)(ii)
and the “or” after it insert—

“(iia) 35an offence under section 1A of that Act (causing
serious injury by dangerous driving), or”.

6 In section 36(2)(b) (disqualification until test is passed) after “(causing death
by dangerous driving)” insert “, section 1A (causing serious injury by
dangerous driving)”.

7 In section 45(6) (effect of endorsement of counterparts) (until its repeal by
5the Road Safety Act 2006 comes into force)—

(a) after “section 1” insert “, 1A”;

(b) after “causing death by dangerous driving” insert “, causing serious
injury by dangerous driving”.

8 In section 45A(4) (effect of endorsement of driving records) as substituted by
10the Road Safety Act 2006—

(a) after “section 1” insert “, 1A”;

(b) after “causing death by dangerous driving” insert “, causing serious
injury by dangerous driving”.

9 In the table in Schedule 1 (application of provisions including sections 11
15and 12(1): evidence as to driver and proof of identity) in the appropriate
place insert—

Crime (International Co-operation) Act 2003 (c. 32)2003 (c. 32)

10 20In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act
2003 (application of duty to give notice to foreign authorities of driving
disqualification of a non-UK resident) after sub-paragraph (a) insert—

“(aa) section 1A (causing serious injury by dangerous driving),”.

Armed Forces Act 2006 (c. 52)2006 (c. 52)

11 25In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (“Schedule 2
offences”)—

(a) after “section 1,” insert “1A,”;

(b) after “causing death by dangerous driving,” insert “causing serious
injury by dangerous driving,”.