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SCHEDULE 9
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CONSEQUENTIAL AMENDMENTS |
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Children and Young Persons Act 1933 (c. 12) |
| | 1. In section 34 of the Children and Young Persons Act 1933 (attendance at court of parent of child or young person charged with an offence etc.), in subsection (7), for "section 11 of the Children and Young Persons Act 1969" there shall be substituted "section 163 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 2. - (1) Section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned) shall be amended as follows.
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(2) In subsection (2)-
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(a) for "section 15 or 16 of the Children and Young Persons Act 1969" there shall be substituted "Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000"; and |
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(b) for "section 15 or 16 of that Act" there shall be substituted "Schedule 7 to that Act". |
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(3) In subsection (4A)-
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(a) for "section 16(3) of the Criminal Justice Act 1982" there shall be substituted "section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000"; and |
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(b) for "section 76(6)(b) of the Crime and Disorder Act 1998" there shall be substituted "section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000". |
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(4) In subsection (10), for "section 15 or 16 of the Children and Young Persons Act 1969" there shall be substituted "Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000".
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(5) In subsection (11), in each of the definitions of "sexual offence" and "violent offence", for "section 31(1) of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 3. - (1) Section 58 of the Children and Young Persons Act 1933 (power of Secretary of State to send certain young offenders to approved schools) shall be amended as follows.
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(2) In the first paragraph (b), for the words "with respect to whom he is authorised to give directions under subsection (3) of section fifty-three of this Act" there shall be substituted "sentenced to be detained under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 with respect to whom he is authorised to give directions under section 92 of that Act".
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(3) In the second paragraph (a), for "subsection (3)" there shall be substituted "section 91".
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Prison Act 1952 (c. 52) |
| | 4. In section 13(2) of the Prison Act 1952 (legal custody of prisoner), for "or the Criminal Justice Act 1982" there shall be substituted "or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 5. - (1) Section 43 of the Prison Act 1952 (institutions for young offenders) shall be amended as follows.
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(2) In subsection (1)(d), for "section 73 of the Crime and Disorder Act 1998" there shall be substituted "section 100 of the Powers of Criminal Courts (Sentencing) Act 2000".
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(3) In subsection (7), for "section 12 of the Criminal Justice Act 1982" there shall be substituted "section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 6. In section 49(5) of the Prison Act 1952 (meaning of "secure accommodation" for purposes of section 49), for "section 75(7) of the Crime and Disorder Act 1998" there shall be substituted "section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 7. In section 53(1) of the Prison Act 1952 (interpretation), in the definition of "attendance centre", for "section 16 of the Criminal Justice Act 1982" there shall be substituted "section 62 of the Powers of Criminal Courts (Sentencing) Act 2000".
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Army Act 1955 (c. 18) |
| | 8. In section 70(3A) of the Army Act 1955 (civil offences), for "section 2, 3 or 4 of the Crime (Sentences) Act 1997" there shall be substituted "section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 9. In section 71A(1A) of the Army Act 1955 (juveniles), for "section 2 of the Crime (Sentences) Act 1997" there shall be substituted "section 109 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 10. In section 71AA(6)(a) of the Army Act 1955 (young service offenders: custodial orders) for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 11. In section 71B(2) of the Army Act 1955 (maximum periods of imprisonment or detention for default in payment of fines), for "section 31(3A) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 12. In Schedule 5A to the Army Act 1955 (powers of court on trial of civilian), in paragraph 10(6)(a), for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".
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Air Force Act 1955 (c. 19) |
| | 13. In section 70(3A) of the Air Force Act 1955 (civil offences), for "section 2, 3 or 4 of the Crime (Sentences) Act 1997" there shall be substituted "section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 14. In section 71A(1A) of the Air Force Act 1955 (juveniles), for "section 2 of the Crime (Sentences) Act 1997" there shall be substituted "section 109 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 15. In section 71AA(6)(a) of the Air Force Act 1955 (young service offenders: custodial orders) for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 16. In section 71B(2) of the Air Force Act 1955 (maximum periods of imprisonment or detention for default in payment of fines), for "section 31(3A) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 17. In Schedule 5A to the Air Force Act 1955 (powers of court on trial of civilian), in paragraph 10(6)(a), for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".
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Naval Discipline Act 1957 (c. 53) |
| | 18. In section 42(1A) of the Naval Discipline Act 1957 (civil offences), for "section 2, 3 or 4 of the Crime (Sentences) Act 1997" there shall be substituted "section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 19. In section 43A(1A) of the Naval Discipline Act 1957 (juveniles), for "section 2 of the Crime (Sentences) Act 1997" there shall be substituted "section 109 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 20. In section 43AA(6)(a) of the Naval Discipline Act 1957 (young service offenders: custodial orders) for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 21. In section 43B(2) of the Naval Discipline Act 1957 (maximum periods of imprisonment or detention for default in payment of fines), for "section 31(3A) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 22. In Schedule 4A to the Naval Discipline Act 1957 (powers of court on trial of civilian), in paragraph 10(6)(a), for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".
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Children and Young Persons Act 1963 (c. 37) |
| | 23. In section 16(3) of the Children and Young Persons Act 1963 (offences committed by children), for "Part I of the Crime (Sentences) Act 1997" there shall be substituted "Chapter III of Part V of the Powers of Criminal Courts (Sentencing) Act 2000".
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Criminal Justice Act 1967 (c. 80) |
| | 24. In section 32(3) of the Criminal Justice Act 1967 (costs in criminal cases)-
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(a) in paragraph (a), for "section 3 of the Powers of Criminal Courts Act 1973" there shall be substituted "paragraph 5 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000"; and |
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(b) in paragraph (b), for "section 30 of the Magistrates' Courts Act 1980" there shall be substituted "section 11 of the Powers of Criminal Courts (Sentencing) Act 2000". |
| | 25. - (1) Section 67 of the Criminal Justice Act 1967 (computation of sentences of imprisonment or detention passed in England and Wales) shall be amended as follows.
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(2) In subsection (2), for "section 23 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 119 of the Powers of Criminal Courts (Sentencing) Act 2000".
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(3) In subsection (5), for "section 53(3) of the Children and Young Persons Act 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
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| | 26. - (1) In section 104 of the Criminal Justice Act 1967 (interpretation), subsection (1) shall continue to have effect with the amendment made by paragraph 26(a) of Schedule 5 to the Powers of Criminal Courts Act 1973, that is to say, with the substitution for the definition of "extended sentence certificate" of the following definition-
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""extended sentence certificate" means a certificate issued under section 28 of the Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section;". |
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(2) In that subsection, for the definition of "suspended sentence" there shall be substituted the following definition-
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""suspended sentence" means a sentence to which an order under section 118(1) of the Powers of Criminal Courts (Sentencing) Act 2000 relates." |
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| | 27. In section 106(2) of the Criminal Justice Act 1967 (extent to Scotland), in paragraph (b), for the words from the beginning to "102" there shall be substituted "section 102".
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Criminal Appeal Act 1968 (c. 19) |
| | 28. - (1) Section 10 of the Criminal Appeal Act 1968 (appeal against sentence in cases dealt with by Crown Court otherwise than on conviction on indictment) shall be amended as follows.
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(2) In subsection (2)(b), for "Part I of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
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(3) In subsection (3)-
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(a) in paragraph (c)(iii), for "section 23 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 119 of the Powers of Criminal Courts (Sentencing) Act 2000"; and |
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(b) in paragraph (cc), for "section 40(2) or (3A) of the Criminal Justice Act 1991" there shall be substituted "section 116(2) or (4) of the Powers of Criminal Courts (Sentencing) Act 2000". |
| | 29. In section 11(4) of the Criminal Appeal Act 1968 (supplementary provision as to appeal against sentence), for the words from "section 23(1)" to "partly" there shall be substituted "section 119(1) of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of a".
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| | 30. In section 50(1A) of the Criminal Appeal Act 1968 (right of appeal where offender discharged), for "Section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
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