Powers of Criminal Courts (Sentencing) Bill [H.L.]

Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued	House of Commons
SCHEDULE 9, CONSEQUENTIAL AMENDMENTS - continued
Drug Trafficking Act 1994 (c. 37) - continued

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165. In section 6(3) of the Drug Trafficking Act 1994 (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".

166. - (1) Section 9 of the Drug Trafficking Act 1994 (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 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of the 2000 Act".

(4) In subsection (3)-

(a) for the words ", detention in a young offender institution, or detention under section 4 of the 1982 Act" there shall be substituted "or detention in a young offender institution";

(b) for "section 22(1) of the 1973 Act" there shall be substituted "section 118(1) of the 2000 Act"; and

167. - (1) Section 10 of the Drug Trafficking Act 1994 (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 of the 1973 Act" there shall be substituted "section 139 of the 2000 Act"; and

(b) for "subsection (3A)" there shall be substituted "subsection (4)".

168. - (1) Section 15 of the Drug Trafficking Act 1994 (revised assessment of proceeds of drug trafficking) shall be amended as follows.

(2) In subsection (13), for "section 31(2) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(2) of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (14), for "section 31(3A) of the 1973 Act" there shall be substituted "section 139(4) of the 2000 Act".

169. In section 16(4) of the Drug Trafficking Act 1994 (increase in realisable property)-

(a) 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"; and

(b) for "subsection (3A)" there shall be substituted "subsection (4)".

170. In section 17(4) of the Drug Trafficking Act 1994 (inadequacy of realisable property), 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".

171. - (1) Section 19 of the Drug Trafficking Act 1994 (powers of High Court where defendant has absconded or died) shall be amended as follows.

(2) In subsection (7)-

(a) for "the 1973 Act" there shall be substituted "the 2000 Act"; and

(b) for "section 32(1)(b)" there shall be substituted "section 140(1)(b)".

(3) In subsection (8), for "sections 31(1) and 32(1) of the 1973 Act" there shall be substituted "sections 139(1) and 140(1) of the 2000 Act".

172. In section 20(1) of the Drug Trafficking Act 1994 (effect of conviction where High Court has acted under section 19), 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".

173. In section 21(5) of the Drug Trafficking Act 1994 (variation of confiscation orders made by virtue of section 19), for "section 31(2) of the Powers of Criminal Courts Act 1973" there shall be substituted "subsection (2) of section 139 of the Powers of Criminal Courts (Sentencing) Act 2000".

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

174. In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), in paragraph 3(3), for "section 14 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 46 of the Powers of Criminal Courts (Sentencing) Act 2000".

Children (Scotland) Act 1995 (c. 36)

175. In section 33 of the Children (Scotland) Act 1995 (effect of orders etc. made in different parts of the United Kingdom), in subsection (5)(b), after "the Children and Young Persons Act 1969" there shall be inserted "or sections 63 to 67 of and Schedules 6 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000".

Criminal Procedure (Scotland) Act 1995 (c. 46)

176. - (1) Section 234 of the Criminal Procedure (Scotland) Act 1995 (probation orders: persons residing in England and Wales) shall be amended as follows.

(2) In subsection (2)-

(a) for "Schedule 1A to the 1973 Act" there shall be substituted "Schedule 2 to the 2000 Act"; and

(b) for "3(3)(a)" there shall be substituted "3(4)(a)".

(3) In subsection (4)-

(a) for "Schedule 1A to the 1973 Act" there shall be substituted "Schedule 2 to the 2000 Act"; and

(b) for "Schedule 1A", in the second place where it occurs, there shall be substituted "Schedule 2".

(4) In subsection (5)-

(a) for "Schedule 2 to the 1991 Act" there shall be substituted "Schedule 3 to the 2000 Act";

(b) for "section 2 of the 1973 Act" there shall be substituted "section 41 of that Act"; and

(5) In subsection (6)-

(a) for "Schedule 2 to the 1991 Act" there shall be substituted "Schedule 3 to the 2000 Act";

(b) for "sub-paragraphs (3) and (4) of paragraph 3" there shall be substituted "sub-paragraphs (4) and (5) of paragraph 4"; and

(6) In subsection (10)-

(a) for "section 10 of the 1973 Act" there shall be substituted "paragraph 6 of Schedule 4 to the 2000 Act";

(b) for "that section" there shall be substituted "that Schedule"; and

(7) For subsection (11) there shall be substituted the following subsection-

"(11) In this section "the 2000 Act" means the Powers of Criminal Courts (Sentencing) Act 2000."

177. - (1) Section 242 of the Criminal Procedure (Scotland) Act 1995 (community service orders: persons residing in England and Wales) shall be amended as follows.

(2) In subsection (1), in the paragraph (d) treated as substituted in section 238(2) of that Act, for "section 14 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 46 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (2), for "section 14 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 46 of the Powers of Criminal Courts (Sentencing) Act 2000".

(4) In subsection (3), for "relevant officers by the Powers of Criminal Courts Act 1973" there shall be substituted "responsible officers by the Powers of Criminal Courts (Sentencing) Act 2000".

178. In section 244 of the Criminal Procedure (Scotland) Act 1995 (community service orders: general provisions relating to persons living in England and Wales or Northern Ireland), in subsection (6)(b), for "relevant officer under the Powers of Criminal Courts Act 1973" there shall be substituted "responsible officer under the Powers of Criminal Courts (Sentencing) Act 2000".

London Local Authorities Act 1995 (c. x)

179. In section 26(1) of the London Local Authorities Act 1995 (powers of seizure), 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".

Criminal Evidence (Amendment) Act 1997 (c. 17)

180. In section 1(6) of the Criminal Evidence (Amendment) Act 1997 (meaning of references to person serving sentence of imprisonment), 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".

Social Security (Recovery of Benefits) Act 1997 (c. 27)

181. In Part I of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (exempted payments), in paragraph 2, 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".

Crime (Sentences) Act 1997 (c. 43)

182. - (1) Section 28 of the Crime (Sentences) Act 1997 (duty to release certain life prisoners) shall be amended as follows.

(2) In subsection (3), for "section 9 above" there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (9), for "Part I of the 1991 Act" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

183. - (1) Section 34 of the Crime (Sentences) Act 1997 (interpretation of Chapter II of Part II) shall be amended as follows.

(2) In subsection (2)-

(a) for "section 53 of the 1933 Act" there shall be substituted "section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "section 8 of the 1982 Act" there shall be substituted "section 93 or 94 of that Act".

(3) In subsection (3)-

(a) for "section 53 of the 1933 Act" there shall be substituted "section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000";

(b) for "section 8 of the 1982 Act" there shall be substituted "section 93 or 94 of that Act of 2000"; and

(c) for "those sections" there shall be substituted "section 71A of the Army Act 1955 and the Air Force Act 1955 and section 43A of the Naval Discipline Act 1957".

184. - (1) Section 35 of the Crime (Sentences) Act 1997 (community orders for fine defaulters) shall be amended as follows.

(2) In subsection (1)(b), for "section 1 of the 1982 Act" there shall be substituted "section 89 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) For subsections (4) and (5) there shall be substituted the following subsections-

	"(4) Section 46(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders) shall apply for the purposes of subsection (2)(a) above as if for the words from the beginning to "make" there were substituted "Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender"; and-
	(a) section 46(3) and (4) of that Act, and
	(b) so far as applicable, the following provisions of section 46 of that Act and the other provisions of Part IV of that Act relating to community service orders,
	have effect in relation to a community service order made by virtue of this section as they have effect in relation to any community service order made under that Act, subject to the exceptions in subsection (5) below.
	(5) The following are the exceptions, namely-
	(a) the reference in section 46(3)(a) of that Act to 40 hours shall be construed as a reference to 20 hours;
	(b) section 46(8) of that Act shall not apply;
	(c) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;
	(d) paragraph 4(2)(a) and (3) of that Schedule shall not apply;
	(e) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;
	(f) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and
	(g) paragraph 11(2)(b) of that Schedule shall not apply."

(4) For subsections (7) and (8) there shall be substituted the following subsections-

	"(7) Section 37(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (curfew orders) shall apply for the purposes of subsection (2)(b) above as if for the words from the beginning to "make" there were substituted "Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender"; and-
	(a) section 37(3), (5) to (8) and (10) to (12) of that Act, and
	(b) so far as applicable, the other provisions of Part IV of that Act relating to curfew orders,
	have effect in relation to a curfew order made by virtue of this section as they have effect in relation to any curfew order made under that Act, subject to the exceptions in subsection (8) below.
	(8) The following are the exceptions, namely-
	(a) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;
	(b) paragraph 4(2)(a) and (3) of that Schedule shall not apply;
	(c) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;
	(d) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and
	(e) paragraph 11(2)(b) of that Schedule shall not apply."

(5) After subsection (12) there shall be inserted the following subsection-

"(12A) Sections 35 and 36 of the Powers of Criminal Courts (Sentencing) Act 2000 (restrictions and procedural requirements for community sentences) do not apply in relation to an order under subsection (2)(a) or (b) above."

Prepared 19 April 2000