Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Commons
SCHEDULE 9, CONSEQUENTIAL AMENDMENTS - continued

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Public Order Act 1986 (c. 64)
     101. In section 30(5) of the Public Order Act 1986 (domestic football banning orders), for "sections 1A and 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Justice Act 1988 (c. 33)
     102. In section 36(2) of the Criminal Justice Act 1988 (review of sentencing), for "section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997" there shall be substituted "section 109(2), 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     103. In section 50 of the Criminal Justice Act 1988 (suspended sentences on certain civilians in military courts), in subsection (3)(b), for "the Powers of Criminal Courts Act 1973" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".
 
     104. In section 60(1) of the Criminal Justice Act 1988 (periods of imprisonment for default), for "Tables in section 31(3A) of the Powers of Criminal Courts Act 1973 and" there shall be substituted "Table in".
 
     105. In section 71(9A) of the Criminal Justice Act 1988 (power to make confiscation orders on committal for sentence), for the words from "section 38" to "1967" there shall be substituted "section 3, 4 or 6 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     106. - (1) Section 72 of the Criminal Justice Act 1988 (making of confiscation orders) shall be amended as follows.
 
      (2) In subsection (5)-
 
 
    (a) for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (b) for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
      (3) In subsection (7), for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     107. In section 72A(9A) of the Criminal Justice Act 1988 (variation of sentence on postponed determination), for "section 47(2) or (3) of the Supreme Court Act 1981" there shall be substituted "section 155(1) or (2) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     108. In section 74(2) of the Criminal Justice Act 1988 (meaning of "realisable property"), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     109. In section 74A(6) of the Criminal Justice Act 1988 (review of cases where proceeds of crime not assessed), for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     110. - (1) Section 74C of the Criminal Justice Act 1988 (revision of assessment of amount to be recovered) shall be amended as follows.
 
      (2) In subsection (7), for "section 31 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (8), for "section 31(3A) of that Act of 1973" there shall be substituted "section 139(4) of that Act of 2000".
 
     111. - (1) Section 75 of the Criminal Justice Act 1988 (application of procedure for enforcing fines) shall be amended as follows.
 
      (2) In subsection (1), for the words from "sections 31(1)" to "1973" there shall be substituted "sections 139(1) to (4) and 140(1) to (3) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2), for "section 31(3) of the Magistrates' Courts Act 1980" there shall be substituted "section 78(4) of that Act of 2000".
 
      (4) In subsection (3), for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of that Act of 2000".
 
      (5) In subsection (4)-
 
 
    (a) for "section 22(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 118(1) of that Act of 2000"; and
 
    (b) for "section 31(2) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(2) of that Act of 2000".
     112. - (1) Section 75A of the Criminal Justice Act 1988 (interest on sums unpaid under confiscation orders) shall be amended as follows.
 
      (2) In subsection (1), for "section 31(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2)-
 
 
    (a) for "section 31(2) of that Act of 1973" there shall be substituted "section 139(2) of that Act of 2000"; and
 
    (b) for "section 31(3A) of that Act of 1973" there shall be substituted "section 139(4) of that Act of 2000".
     113. In section 83(4) of the Criminal Justice Act 1988 (variation of confiscation orders), for "section 31 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     114. In Schedule 15 to the Criminal Justice Act 1988 (minor and consequential amendments), in paragraph 80, for "that Act" there shall be substituted "the Supreme Court Act 1981".
 
 
Copyright, Designs and Patents Act 1988 (c. 48)
     115. In section 108(6) of the Copyright, Designs and Patents Act 1988 (articles infringing copyright: order for delivery up in criminal proceedings), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     116. In section 199(6) of the Copyright, Designs and Patents Act 1988 (illicit recordings: order for delivery up in criminal proceedings), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Road Traffic Act 1988 (c. 52)
     117. In section 164(5) of the Road Traffic Act 1988 (power of constables to require production of driving licence), for "or section 44 of the Powers of Criminal Courts Act 1973" there shall be substituted ", section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Road Traffic Offenders Act 1988 (c. 53)
     118. In section 25(4) of the Road Traffic Offenders Act 1988 (duty to request information as to date of birth or sex), for "section 56(5) of the Criminal Justice Act 1967" there shall be substituted "section 7 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     119. - (1) Section 26 of the Road Traffic Offenders Act 1988 (interim disqualification) shall be amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) in paragraph (a), for the words from "subsection (1)" to "applies" there shall be substituted "section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 or any enactment mentioned in subsection (4) of that section"; and
 
    (b) in paragraph (b), for "section 39 of the Magistrates' Courts Act 1980" there shall be substituted "section 10 of that Act".
      (3) In subsection (2), for "section 1 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 1 of that Act".
 
     120. In section 27(3) of the Road Traffic Offenders Act 1988 (production of licence), for "section 44 of the Powers of Criminal Courts Act 1973," there shall be substituted "section 40 of the Crime (Sentences) Act 1997, section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     121. In section 34(4A) of the Road Traffic Offenders Act 1988 (disqualification for certain offences), for "section 44 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 147 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     122. In section 35(5) of the Road Traffic Offenders Act 1988 (disqualification for repeated offences), for "section 44 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 147 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     123. - (1) Section 46 of the Road Traffic Offenders Act 1988 (combination of disqualification and endorsement with certain other orders) shall be amended as follows.
 
      (2) In subsection (1), for "section 1C(3) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14(3) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2), for "section 1C(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Extradition Act 1989 (c. 33)
     124. In section 20(2)(b) of the Extradition Act 1989 (restoration of persons not tried or acquitted), for "section 1A(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Football Spectators Act 1989 (c. 37)
     125. In section 15(4) of the Football Spectators Act 1989 (international football banning orders), for "sections 1A and 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Children Act 1989 (c. 41)
     126. In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children on remand etc.)-
 
 
    (a) for "section 16(3A) or" there shall be substituted "paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or section"; and
 
    (b) for "residence requirement under section 12AA of that Act" there shall be substituted "local authority residence requirement under paragraph 5 of Schedule 6 to that Act of 2000".
     127. In section 31(7) of the Children Act 1989 (care and supervision orders under that Act), for "section 7(7)(b) of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     128. In section 81(1) of the Children Act 1989 (inquiries), for "section 53 of the Children and Young Persons Act 1933" there shall be substituted "section 92 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     129. In section 105(6) of the Children Act 1989 (meaning of "ordinary residence"), for "section 7(7)(b) of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     130. In Part III of Schedule 2 to the Children Act 1989 (contributions towards maintenance of children looked after by local authorities), in paragraph 21(7), for "section 53 of the Children and Young Persons Act 1933" there shall be substituted "section 92 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     131. - (1) Part III of Schedule 3 to the Children Act 1989 (education supervision orders) shall be amended as follows.
 
      (2) In paragraph 13(2)(c), for "section 12C of the Children and Young Persons Act 1969" there shall be substituted "paragraph 7 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In paragraph 14(1), for "section 7(7)(b) of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     132. In Schedule 8 to the Children Act 1989 (privately fostered children), in paragraph 3, for "section 7(7)(b) of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25)
     133. In section 5(4) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (modifications for cases where accused is not guilty by reason of insanity etc.), for "Section 1A(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "Section 12(1) of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
Criminal Justice Act 1991 (c. 53)
     134. In section 16(b) of the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for "corresponding" there shall be substituted "certain".
 
     135. In section 23(1) of the Criminal Justice Act 1991 (default in certain cases), for "Tables in section 31(3A) of the 1973 Act and" there shall be substituted "Table in".
 
     136. In section 24(3) of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support), for "section 32 of the 1973 Act" there shall be substituted "section 140 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     137. In section 33(3A) of the Criminal Justice Act 1991 (duty to release prisoners) for "section 58 of the Crime and Disorder Act 1998" there shall be substituted "section 85 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     138. In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)-
 
 
    (a) in paragraph (a), for "section 58 of the Crime and Disorder Act 1998" there shall be substituted "section 85 of the Powers of Criminal Courts (Sentencing) Act 2000";
 
    (b) in paragraph (c), for "paragraph 3(1)(d) or 4(1)(d) of Schedule 2 to this Act" there shall be substituted "paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000"; and
 
    (c) in paragraph (h), for "section 40 below" there shall be substituted "section 116 of the Powers of Criminal Courts (Sentencing) Act 2000".
     139. In section 40A of the Criminal Justice Act 1991 (release on licence following return to prison), in subsection (1)(a), for "section 40 above" there shall be substituted "section 116 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     140. In section 43(1) of the Criminal Justice Act 1991 (young offenders), for "section 53 of the 1933 Act" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
     141. - (1) Section 44 of the Criminal Justice Act 1991 (extended sentences for sexual or violent offenders), as substituted by section 59 of the Crime and Disorder Act 1998, shall be amended as follows.
 
      (2) In each of subsections (1) and (8), for "section 58 of the Crime and Disorder Act 1998" there shall be substituted "section 85 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
      (3) In subsection (2), for "sections 40 and" there shall be substituted "section".
 
     142. In section 44A of the Criminal Justice Act 1991 (re-release of prisoners serving extended sentences), in subsection (1), for "section 58 of the Crime and Disorder Act 1998" there shall be substituted "section 85 of the Powers of Criminal Courts (Sentencing) Act 2000".
 
 
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