Criminal Justice and Court Services Bill

Criminal Justice and Court Services Bill - continued	House of Commons
SCHEDULE 6, MINOR AND CONSEQUENTIAL AMENDMENTS - continued
PART II, GENERAL - continued

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Crime (Sentences) Act 1997 (c. 43)

48. - (1) The Crime (Sentences) Act 1997 is amended as follows.

(2) In section 28 (duty to release certain life prisoners)-

(a) for the words from the beginning to the end of subsection (5)(a) there is substituted-

	"(1A) In this Chapter-
	(a) references to a life prisoner to whom this section applies are references to a life prisoner in respect of whom an order or direction has been made or given under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000; and
	(b) references to the relevant part of his sentence are references to the part of his sentence specified in the order or direction.
	(1B) But if a life prisoner is serving two or more life sentences-
	(a) he is not to be treated for the purposes of this Chapter as a life prisoner to whom this section applies unless such an order or direction has been given in respect of each of those sentences; and
	(b) the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.
	(5) As soon as-
	(a) a life prisoner to whom this section applies has served the relevant part of his sentence",

(b) subsection (9) is omitted.

(3) In section 33 (life prisoners transferred to England and Wales)-

(a) for "section 28" (in subsections (1) and (2)) there is substituted "the provisions of section 28(5) to (8)",

(b) in subsection (5), for "subsections (5) and (7) of section 28" there is substituted "the provisions of section 28(5) to (8)".

(4) In section 34(1) (interpretation), the words following the first mention of "sentences" are omitted.

(5) In Schedule 5 (transitional provisions and savings), paragraph 5(1) is omitted.

(6) The preceding provisions of this paragraph have effect in relation to sentences passed after the coming into force of section 54.

(7) In section 57(8) (extent), at the end there is inserted-

	"or the extent of Chapter II of Part II so far as it relates to sentences passed by a court-martial".
	Crime and Disorder Act 1998 (c. 37)

49. The Crime and Disorder Act 1998 is amended as follows.

50. In sections 5(2)(b), 38(2)(b), 39(3)(b), 41(10), 42(3) and 115(2)(e), for "probation committee" there is substituted "local board".

51. In section 117(1) (interpretation), after the definition of "guardian" there is inserted-

""local board" means a local board established under section 4 of the Criminal Justice and Court Services Act 2000;"

Protection of Children Act 1999 (c. 14)

52. The Protection of Children Act 1999 is amended as follows.

53. After section 4 there is inserted-

"Applications for removal from list.	4A. - (1) Subject to section 4B, an individual who is included in the list kept by the Secretary of State under section 1 above may make an application to the Tribunal under this section.
	(2) On an application under this section the Tribunal shall determine whether or not the individual should continue to be included in the list.
	(3) If the Tribunal is satisfied that the individual is no longer unsuitable to work with children it shall direct his removal from the list; otherwise it shall dismiss the application.
Conditions for application under section 4A.	4B. - (1) An individual may only make an application under section 4A with the leave of the Tribunal.
	(2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual's case.
	(3) In the case of an individual who was a child when he was included (otherwise than provisionally) in the list, the appropriate conditions are satisfied if-
	(a) he has been so included for a continuous period of at least five years; and
	(b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
	(4) In the case of any other individual, the appropriate conditions are satisfied if-
	(a) he has been included (otherwise than provisionally) in the list for a continuous period of at least ten years; and
	(b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
	(5) The Tribunal shall not grant an application under this section unless it considers-
	(a) that the individual's circumstances have changed since he was included (otherwise than provisionally) in the list, or, as the case may be, since he last made an application under this section; and
	(b) that the change is such that leave should be granted."

54. In section 9(2) (the Tribunal)-

(a) in paragraph (a), after "4" there is inserted ", 4A or 4B",

(b) for paragraph (b) there is substituted-

"(b) on an appeal or determination under regulations made under section 218(6) of the 1988 Act;"

"(ca) on a determination under section 473A or 473B of the Education Act 1996;"

(d) after paragraph (d) there is inserted "or

(e) on a determination under section 31 or 32 of the Criminal Justice and Court Services Act 2000."

55. In section 14 (extent etc.)-

(a) in subsection (3), for "This Act, except section 8 and this section," there is substituted "Subject to subsections (4) and (5) below, this Act",

(b) after subsection (4) there is inserted-

"(5) Section 9 above and the Schedule to this Act extend to the whole of the United Kingdom."

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

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

57. In section 33(1) (meaning of "community order")-

(a) after paragraph (a) there is inserted-

"(aa) an exclusion order",

(b) after paragraph (e) there is inserted-

"(ee) a drug abstinence order".

58. In section 42(1) (additional requirements which may be included in probation orders), for "probation period" there is substituted "community rehabilitation period".

59. In section 46(13) (community service orders), "(a) or (b)" is omitted.

60. In section 47 (obligations of person subject to community service order)-

(a) in subsection (4), for paragraphs (a) and (b) there is substituted "an officer of a local board appointed for or assigned to the petty sessions area specified in the order",

(b) in subsection (5)(a), "(a) or (b)" is omitted.

61. In section 52(4) (drug treatment and testing orders), after "body" there is inserted "(in a case where, at the time of his conviction, he was aged under 18)".

62. In section 60(1)(b) (attendance centre orders), after "court" there is inserted "has power or".

63. In section 64(2) (selection and duty of supervisor), the words from "and selected under arrangements" to the end of the subsection are omitted.

64. In section 66 (facilities for implementing supervision orders), in subsections (2), (9) and (12) (in both places), for "probation committee" there is substituted "local board".

65. In section 76 (meaning of "custodial sentence"), paragraphs (c) and (d) are omitted.

66. In section 78 (general limit on magistrates' courts power to impose imprisonment etc.), "or detention in a young offender institution" in subsections (1) and (2) and the sidenote is omitted.

67. In section 83(2) (restriction on imposing custodial sentences on persons not legally represented), for paragraphs (b) and (c) there is substituted-

"(aa) pass a sentence of imprisonment on a person who, when convicted, was aged at least 18 but under 21".

68. In section 87(12) (crediting periods of remand in custody: terms of imprisonment and detention), paragraph (b) and the preceding "and" are omitted.

69. In section 89 (restriction on imposing imprisonment etc. on persons under 21), for each mention of "under 21" (including the mention in the sidenote) there is substituted "under 18".

70. Sections 93 to 98 (custody for life and detention in a young offender institution) are omitted.

71. In section 99 (conversion of sentence of detention or custody to sentence of imprisonment), subsection (2) is omitted.

72. In section 106 (interaction of sentences of detention in a young offender institution)-

(a) subsection (1) is omitted,

(b) in subsection (3), the words from the beginning to "and" are omitted,

(d) in subsection (6), for "detention in a young offender institution" there is substituted "imprisonment".

73. Section 108 (detention of persons aged at least 18 but under 21 for default or contempt) is omitted.

74. In section 109(2) (life sentence for second serious offence), for paragraphs (a) and (b) there is substituted "a sentence of imprisonment for life".

Prepared 10 May 2000