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

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75. In section 110 (minimum sentence for third Class A drug trafficking offence)-

(a) in subsection (2), for "an appropriate custodial sentence" there is substituted "a sentence of imprisonment",

(b) subsection (6) is omitted.

76. In section 111 (minimum sentence for third domestic burglary)-

(a) in subsection (2), for "an appropriate custodial sentence" there is substituted "a sentence of imprisonment",

(b) subsection (6) is omitted.

77. In section 137(2)(a) (power to order parent or guardian to pay fine, costs or compensation), for "probation, community service, combination" there is substituted "exclusion, community rehabilitation, community punishment, community punishment and rehabilitation".

78. In section 139(3)(c) (powers and duties of Crown Court in relation to fines and forfeited recognizances), "custody for life or detention in a young offender institution" is omitted.

79. For the sidenote to section 157 (other reports of probation officers and members of youth offending teams), there is substituted "Other reports of officers of local boards and members of youth offending teams".

80. In section 160 (rules and orders)-

(a) in subsection (2)(a), for the words from "40(1)" to "Schedule 2" there is substituted "40(1), 40D(1), 42(2E), 58A(8) or 162 or paragraph 3, 7, 8 or 9 of Schedule 2",

(b) in subsection (2)(b), for the words from "40(2)" to the end there is substituted "40(2), 40D(2), 58B(4), 68, 122(7) or 156(4) or paragraph 7(11) or 8(10) of Schedule 2",

(i) after "58" there is inserted "58A(4), 58B(4)",

(ii) for "or 103(2)" there is substituted "103(2) or paragraph 1(1A) of Schedule 3",

(d) for subsection (5) there is substituted-

	"(5) The following may make different provision for different cases or classes of case-
	(a) any order under section 37(6), 40(2), 40A(6), 40D(2) or 58B(4) or paragraph 7, 8 or 9 of Schedule 2;
	(b) any rules under section 40(1), 40D(1), 42(2E), 47(3C), 58A(8) or 162 or paragraph 7, 8 or 9 of Schedule 2."

81. In section 163 (general definitions)-

(a) the definitions of "combination order", "probation order" and "probation period" are omitted,

(b) at the end of the definition of "custodial sentence" there is inserted "and, in relation to sentences passed before the coming into force of section 55 of the Criminal Justice and Court Services Act 2000, includes a sentence of custody for life and a sentence of detention in a young offender institution",

""community rehabilitation period" means the period for which a person subject to a community rehabilitation or community punishment and rehabilitation order is placed under supervision by the order",

""drug abstinence order" means an order under section 58A(1) above",

""exclusion order" means an order under section 40A(1) above",

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

(d) in the definition of "responsible officer"-

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

"(aa) in relation to an exclusion order, has the meaning given by section 40A(13) above",

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

"(ee) in relation to a drug abstinence order, has the meaning given by section 58A(5) above".

82. - (1) Schedule 2 (additional requirements which may be included in probation orders) is amended as follows.

(2) In paragraphs 2(1)(b)(ii), 3(1), 5(2) and 6(3), for "probation period" there is substituted "community rehabilitation period".

(3) In paragraph 2(5), for "probation committee" there is substituted "local board".

(4) In paragraph 3-

(a) in sub-paragraphs (1), (6) and (8), for "probation centre" there is substituted "community rehabilitation centre",

(b) in sub-paragraph (7), for "probation centres" there is substituted "community rehabilitation centres",

(c) for the cross-heading preceding paragraph 3 there is substituted "Requirements as to attendance at community rehabilitation centres".

(5) For the heading to the Schedule there is substituted "Additional requirements which may be included in community rehabilitation orders".

83. - (1) Schedule 3 (breach, revocation and amendment of curfew, probation, community service, combination and drug treatment and testing orders) is amended as follows.

(2) In paragraph 1-

(a) in sub-paragraph (1)-

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

"(aa) an exclusion order;"

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

"(f) a drug abstinence order."

(b) in sub-paragraph (2)(b), for "a probation, community service, combination or drug treatment and testing" there is substituted "an exclusion, community rehabilitation, community punishment, community punishment and rehabilitation, drug treatment and testing or drug abstinence",

(i) after "order" there is inserted "or drug abstinence order",

(ii) at the end there is inserted "(or that subsection as applied by section 58B(2) of this Act)".

(3) In paragraphs 1(4)(a), 18(4), 19(1) (in each place) and 19(2), for "probation element" there is substituted "community rehabilitation element".

(4) In paragraphs 1(4)(b) and 7(3)(b)(ii), for "community service element" there is substituted "community punishment element".

(5) In paragraph 2(1), for "probation, community service or combination" there is substituted "exclusion, community rehabilitation, community punishment, community punishment and rehabilitation or drug abstinence".

(6) In paragraph 3(2)-

(a) in paragraph (a), after "order" there is inserted "or a drug abstinence order",

(b) in paragraph (c), after "testing order" there is inserted "a drug abstinence order".

(7) In paragraph 4-

(a) in sub-paragraph (1C)(c)(i), after "curfew order" there is inserted "or an exclusion order",

(b) in sub-paragraphs (2) and (3), for "(1)(d)" there is substituted "(1C)(d)",

(d) in sub-paragraph (6), for "(1)(d)" there is substituted "(1C)(d)".

(8) In paragraph 5-

(a) in sub-paragraph (1C)(c)(i), after "curfew order" there is inserted "or an exclusion order",

(b) in sub-paragraphs (2) and (3), for "(1)(d)" there is substituted "(1C)(d)".

(9) For the cross-heading preceding paragraph 7 there is substituted "Community punishment orders imposed for breach of relevant order".

(10) In paragraph 8(1), after "curfew" there is inserted "or exclusion".

(11) In paragraphs 8(1), 12(1)(b), 12(2)(a) and (b), 12(4)(a) (in both places), 12(4)(b), 12(7) and 20(1), for "probation or combination" there is substituted "community rehabilitation or community punishment and rehabilitation".

(12) In paragraphs 10(2)(a) and 13(2)(a), after "testing order" there is inserted "or a drug abstinence order".

(13) In paragraphs 10(4) and 11(3), for "probation, combination" there is substituted "community rehabilitation, community punishment and rehabilitation",

(14) In paragraph 12(1), for "probation order or combination" there is substituted "community rehabilitation order or community punishment and rehabilitation".

(15) In paragraphs 12(4)(b) and 19(2)(a), for "probation period" there is substituted "community rehabilitation period".

(16) For the cross-heading preceding paragraph 12 there is substituted "Substitution of conditional discharge for community rehabilitation or community punishment and rehabilitation order".

(17) In paragraph 18-

(a) in sub-paragraph (3), for "probation" there is substituted "community rehabilitation",

(b) in sub-paragraph (6)(a), for "probation, community service or combination" there is substituted "community rehabilitation, community punishment or community punishment and rehabilitation".

(18) In paragraph 19-

(a) in sub-paragraph (1)-

(i) for "the offender or the responsible officer," there is substituted "an eligible person,"

(ii) for "probation or curfew" (in each place) there is substituted "community rehabilitation, curfew or exclusion",

(b) in sub-paragraph (2), after paragraph (a) there is inserted-

	"(aa) by extending any curfew periods specified in a requirement under the order beyond the end of six months (or, for an offender aged under 16 on conviction, three months) from the date of the original order;
	(ab) by extending the period during which the offender is prohibited from entering a place specified in a requirement under the order beyond the end of one year (or, for an offender aged under 16 on conviction, three months) from the date of the original order;"

	"(4) A magistrates' court shall not under sub-paragraph (1) above amend an exclusion order by extending the period for which the offender is prohibited from entering the place in question beyond the end of one year from the date of the original order.
	(5) For the purposes of this paragraph the eligible persons are-
	(a) the offender;
	(b) the responsible officer; and
	(c) in relation to an exclusion order in which a requirement is included by virtue of the consent of any person, that person.
	(6) Without prejudice to the provisions of paragraph 18 above, a magistrates' court acting for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a drug abstinence order by extending the period for which the order has effect (but not beyond the end of three years from the date of the original order)."

(d) for the cross-heading preceding paragraph 19 there is substituted "Amendment of requirements of community rehabilitation, community punishment and rehabilitation, curfew or exclusion order."

(19) For the cross-heading preceding paragraph 20 there is substituted "Amendment of treatment requirements of community rehabilitation or community punishment and rehabilitation order on report of practitioner".

(20) For the cross-heading preceding paragraph 22 there is substituted "Extension of community punishment or community punishment and rehabilitation order".

(21) In paragraph 24(2), after "requirement, or" there is inserted "to an order under paragraph 18 above".

(22) In paragraph 25(1)(a), after "substituting" there is inserted ", by virtue of paragraph 18 above,".

(23) For the heading to the Schedule there is substituted "Breach, revocation and amendment of certain community orders".

84. - (1) Schedule 9 (consequential amendments) is amended as follows.

(2) Paragraphs 182 and 188 are omitted.

(3) Sub-paragraph (2) has effect in relation to sentences passed after the coming into force of section 54.

(4) In paragraph 183, sub-paragraph (2)(b) and the preceding "and", and sub-paragraphs (3)(b) and (3)(c), are omitted.

Prepared 10 May 2000