|
| |
|
Terrorism Prevention and Investigation Measures Act 2011 (c. 23) |
| |
32 | In Schedule 6 to the Terrorism Prevention and Investigation Measures Act |
| |
2011 (fingerprints and samples), in paragraph 10(1)(a) (circumstances when |
| |
an individual is to be treated as having been convicted of an offence)— |
| |
(a) | at the end of sub-paragraph (ii) insert “or”, and |
| 5 |
(b) | omit sub-paragraph (iv) and the “or” preceding that sub-paragraph. |
| |
| |
| |
Rehabilitation of offenders: consequential provision |
| |
| |
Rehabilitation of offenders: general |
| 10 |
Rehabilitation of Offenders Act 1974: England and Wales |
| |
1 | The Rehabilitation of Offenders Act 1974 is amended as follows. |
| |
2 | In section 1(4)(a) (references in Act to a conviction) for “Great Britain” |
| |
substitute “England and Wales”. |
| |
3 | In section 2(5) (rehabilitation of persons dealt with in service disciplinary |
| 15 |
proceedings) for “Great Britain” substitute “England and Wales”. |
| |
4 | Omit section 3 (special provision with respect to certain disposals by |
| |
children’s hearings under the Social Work (Scotland) Act 1968). |
| |
5 | In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute |
| |
| 20 |
6 (1) | Section 7 (limitations on rehabilitation under the Act) is amended as follows. |
| |
(2) | In subsection (2)(a) for “Great Britain” substitute “England and Wales”. |
| |
(3) | In subsection (3) for “Great Britain” substitute “England and Wales”. |
| |
7 | Omit section 8(8) (defamation actions: application of section to Scotland). |
| |
8 | In section 8A(2)(d) (definition of “caution”) after “Wales” insert “and which |
| 25 |
is not an alternative to prosecution (within the meaning of section 8AA)”. |
| |
9 (1) | Section 9 (unauthorised disclosure of spent convictions) is amended as |
| |
| |
(2) | In subsection (3) omit “(or, in Scotland, the accused person)”. |
| |
(3) | In subsection (8) omit “, in England and Wales,”. |
| 30 |
10 | After section 10(1) (orders) insert— |
| |
“(1A) | Any power of the Secretary of State to make an order under any |
| |
provision of this Act includes power— |
| |
(a) | to make different provision for different purposes, and |
| |
(b) | to make incidental, consequential, supplementary, |
| 35 |
transitional, transitory or saving provision. |
| |
|
| |
|
| |
|
(1B) | The power of the Secretary of State to make an order under section |
| |
5(6) includes power to make consequential provision which amends |
| |
or repeals any provision of this Act or any other enactment.” |
| |
11 | Omit Schedule 1 (service disciplinary convictions referred to in section |
| |
| 5 |
Rehabilitation of Offenders Act 1974: Scotland |
| |
12 | The Rehabilitation of Offenders Act 1974 is amended as follows. |
| |
13 | In section 1(4)(a) (references in Act to a conviction) for “Great Britain” |
| |
| |
14 | In section 2(5) (rehabilitation of persons dealt with in service disciplinary |
| 10 |
proceedings) for “Great Britain” substitute “Scotland”. |
| |
15 | In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute |
| |
| |
16 (1) | Section 7 (limitations on rehabilitation under the Act) is amended as follows. |
| |
(2) | In subsection (2)(a) for “Great Britain” substitute “Scotland”. |
| 15 |
(3) | In subsection (3) for “Great Britain” substitute “Scotland”. |
| |
17 (1) | Section 9 (unauthorised disclosure of spent convictions) is amended as |
| |
| |
(2) | In subsection (3) for “defendant (or, in Scotland, the accused person)” |
| |
substitute “accused person”. |
| 20 |
| |
| |
Rehabilitation of offenders: consequential repeals |
| |
| | | | | | | In Schedule 9, paragraph 21. |
| | 25 | | | In section 63(2), the words “Rehabilitation of |
| | | | | | | | | | In Schedule 12, the entry relating to the |
| | | | | Rehabilitation of Offenders Act 1974. |
| | | | Magistrates’ Courts Act 1980 |
| In Schedule 7, paragraph 134. |
| | 30 | | | In Schedule 4, paragraph 2(2). |
| | | | Criminal Justice Act 1982 |
| In Schedule 14, paragraph 37. |
| | | | Mental Health (Amendment) |
| In Schedule 3, paragraph 49. |
| | | | | | | | | | In Schedule 4, paragraph 39. |
| | 35 | | Criminal Justice Act 1988 |
| In Schedule 8, paragraph 9(b). |
| | | | | In Schedule 14, paragraph 36(7). |
| | | | Criminal Justice Act 1991 |
| In section 68, paragraph (c) (but not the word |
| | | | | “and” at the end of the paragraph). |
| | |
|
|
| |
|
| |
|
| | | | | | Criminal Justice Act 1991—cont. |
| In Schedule 8, paragraph 5. |
| | | | | In Schedule 12, paragraph 22(2). |
| | | | Criminal Justice and Public |
| In Schedule 9, paragraph 11. |
| | | | | In Schedule 10, paragraph 30. |
| | 5 | | | | | | | | | | | | Crime and Disorder Act 1998 |
| In Schedule 8, paragraph 35. |
| | | | Youth Justice and Criminal |
| In Schedule 4, paragraph 6. |
| | | | | | | 10 | | Powers of Criminal Courts |
| In Schedule 9, paragraph 48(3) to (10). |
| | | | | In Schedule 11, paragraph 13. |
| | | | Criminal Justice and Court |
| In Schedule 7, paragraph 49. |
| | | | | | | | | Criminal Justice Act 2003 |
| In Part 1 of Schedule 32, paragraph 18(3). |
| | 15 | | | In Schedule 16, paragraphs 65(4) to (8) and 66. |
| | | | | In Part 1 of Schedule 4, paragraph 21. |
| | | | | In Schedule 10, paragraphs 2 and 5. |
| | | | Policing and Crime Act 2009 |
| | | |
|
|
| 20 |
| |
Knives and offensive weapons: minor and consequential amendments |
| |
Prevention of Crime Act 1953 (c. 14) |
| |
1 | In section 2(3) of the Prevention of Crime Act 1953 (extent) for “shall not |
| |
extend to Northern Ireland” substitute “extends to England and Wales |
| |
| 25 |
Mental Health Act 1983 (c. 20) |
| |
2 (1) | Section 37(1A) of the Mental Health Act 1983 (powers of courts to order |
| |
hospital admission or guardianship) is amended as follows. |
| |
(2) | Before paragraph (a) insert— |
| |
“(za) | under section 1A(5) of the Prevention of Crime Act 1953,”. |
| 30 |
(3) | After paragraph (a) insert— |
| |
“(aa) | under section 139AA(7) of the Criminal Justice Act 1988,”. |
| |
Police and Criminal Evidence Act 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 |
| 35 |
| |
|
| |
|
| |
|
Criminal Justice Act 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;”. |
| 5 |
(3) | After 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”. |
| 10 |
| |
(a) | after “In the application of this section to Northern Ireland” insert “— |
| |
| |
(b) | at the end add “, and |
| |
(b) | the reference in subsection (1) to section 139AA is |
| 15 |
| |
7 | In section 172(3) (provisions extending to Northern Ireland) for “sections 139 |
| |
| |
| |
| 20 |
| |
Youth Justice and Criminal Evidence Act 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. |
| 25 |
(2) | After paragraph 9 insert— |
| |
“9A | An offence under section 1A of that Act (threatening with a |
| |
| |
(3) | After paragraph 26 insert— |
| |
“26A | An offence under section 139AA of that Act (threatening with |
| 30 |
article with blade or point or offensive weapon).” |
| |
Powers of Criminal Courts (Sentencing) Act 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 |
| 35 |
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 |
| |
|
| |
|
| |
|
| |
“(1A) | Subsection (1) applies with the omission of paragraph (b) in the case |
| |
of an offence the sentence for which falls to be imposed under these |
| |
| |
(a) | section 1A(5) of the Prevention of Crime Act 1953 (minimum |
| 5 |
sentence for offence of threatening with offensive weapon in |
| |
| |
(b) | section 139AA(7) of the Criminal Justice Act 1988 (minimum |
| |
sentence for offence of threatening with article with blade or |
| |
point or offensive weapon).” |
| 10 |
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, |
| |
section 139AA(7) of the Criminal Justice Act 1988”. |
| |
13 | In section 146(2) (driving disqualification for any offence) for “section 51A(2) |
| 15 |
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) | Section 164(3) (further interpretative provisions) is amended as follows. |
| |
(2) | After paragraph (a) insert— |
| 20 |
“(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,”. |
| |
Criminal Justice Act 2003 (c 44) |
| |
15 | The Criminal Justice Act 2003 is amended as follows. |
| 25 |
16 (1) | Section 142(2)(c) (purposes of sentencing: offenders aged 18 or over) is |
| |
| |
(2) | After “falls to be imposed” insert “under section 1A(5) of the Prevention of |
| |
Crime Act 1953 (minimum sentence for offence of threatening with offensive |
| |
| 30 |
(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) | Section 142A(4)(b) (purposes of sentencing: offenders under 18) is amended |
| |
| 35 |
(2) | Before sub-paragraph (i) insert— |
| |
“(zi) | section 1A(5) of the Prevention of Crime Act 1953 |
| |
(minimum sentence for offence of threatening with |
| |
offensive weapon in public),”. |
| |
(3) | After sub-paragraph (i) insert— |
| 40 |
“(ia) | section 139AA(7) of the Criminal Justice Act 1988 |
| |
(minimum sentence for offence of threatening with |
| |
article with blade or point or offensive weapon),”. |
| |
|
| |
|
| |
|
18 (1) | Section 144 (reduction in sentences for early guilty pleas) is amended as |
| |
| |
| |
(a) | for “subsection (2) of section 110 or 111 of the Sentencing Act” |
| |
substitute “a provision mentioned in subsection (3)”; |
| 5 |
(b) | for “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; |
| |
section 110(2) of the Sentencing Act; |
| 10 |
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 |
| |
under a provision mentioned in subsection (5), nothing in that |
| |
provision prevents the court from imposing any sentence that it |
| 15 |
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— |
| |
section 1A(6)(b) of the Prevention of Crime Act 1953; |
| |
section 139AA(8)(b) of the Criminal Justice Act 1988.” |
| 20 |
19 (1) | Section 150 (community sentence not available where sentence fixed by law |
| |
etc) is amended as follows. |
| |
(2) | After paragraph (a) insert— |
| |
“(aa) | falls to be imposed under section 1A(5) of the Prevention of |
| |
Crime Act 1953 (minimum sentence for offence of |
| 25 |
threatening with offensive weapon in public),”. |
| |
(3) | After paragraph (b) insert— |
| |
“(ba) | falls to be imposed under section 139AA(7) of the Criminal |
| |
Justice Act 1988 (minimum sentence for offence of |
| |
threatening with article with blade or point or offensive |
| 30 |
| |
20 | In section 152(1)(b) (general restrictions on imposing discretionary custodial |
| |
sentences) for “under section 51A(2) of the Firearms Act 1968 (c. 27),” |
| |
substitute “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 |
| 35 |
Criminal Justice Act 1988,”. |
| |
21 | In section 153(2) (length of discretionary custodial sentences: general |
| |
provision) for “section 51A(2) of the Firearms Act 1968 (c. 27),” 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,”. |
| 40 |
22 (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 |
| |
1A of the Prevention of Crime Act 1953 if it is required by that |
| |
|
| |
|
| |
|
subsection and the court is not of the opinion there |
| |
| |
(3) | After paragraph (a) insert— |
| |
“(aa) | a sentence falls to be imposed under subsection (7) of section |
| |
139AA of the Criminal Justice Act 1988 if it is required by that |
| 5 |
subsection and the court is not of the opinion there |
| |
| |
Armed Forces Act 2006 (c. 52) |
| |
23 | The Armed Forces Act 2006 is amended as follows. |
| |
24 | After section 227 (firearms offences) insert— |
| 10 |
“227A | Offences of threatening with a weapon in public or on school |
| |
| |
(1) | This section applies if— |
| |
(a) | a person aged 18 or over is convicted by a court of an offence |
| |
under section 42 (criminal conduct); and |
| 15 |
(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 |
| |
1988 (threatening with article with blade or point or offensive |
| |
weapon in public or on school premises). |
| 20 |
(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) | relate to the offence or to the offender, and |
| |
(b) | would make it unjust to do so in all the circumstances. |
| 25 |
(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 |
| |
offender 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.” |
| 30 |
25 | In section 237(3) (duty to have regard to purposes of sentencing etc) after |
| |
| |
(c) | an offence the sentence for which falls to be imposed under |
| |
| |
26 | In section 239 (reduction in sentences for guilty pleas) at the end insert— |
| 35 |
“(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 |
| |
| |
27 | In section 260(1)(b) (discretionary custodial sentences: general restrictions) |
| 40 |
for “227” substitute “227A”. |
| |
28 | In section 261(3) (length of discretionary custodial sentences: general |
| |
provision) for “and 227” substitute “, 227 and 227A”. |
| |
|
| |
|