|
| |
| |
(b) “licence period”, in relation to a term of less than twelve months | |
complying with section 163, has the meaning given by subsection (3)(b) | |
of that section. | |
(7) This section applies to a determinate sentence of detention under section 91 of | |
the Sentencing Act or under section 207 of this Act as it applies to a term of | 5 |
imprisonment of 12 months or more. | |
Drug testing requirements | |
239 Release on licence etc: drug testing requirements | |
(1) Section 64 of the Criminal Justice and Court Services Act 2000 (c. 43) (release on | |
licence etc: drug testing requirements) is amended as follows. | 10 |
(2) In subsection (1) for paragraph (a) there is substituted— | |
“(a) the Secretary of State releases from prison a person aged 14 or | |
over on whom a sentence of imprisonment has been imposed, | |
(aa) a responsible officer is of the opinion— | |
(i) that the offender has a propensity to misuse specified | 15 |
Class A drugs, and | |
(ii) that the misuse by the offender of any specified Class A | |
drug caused or contributed to any offence of which he | |
has been convicted, or is likely to cause or contribute to | |
the commission of further offences, and.” | 20 |
(3) After subsection (4) there is inserted— | |
“(4A) A person under the age of 16 years may not be required by virtue of this | |
section to provide a sample otherwise than in the presence of an | |
appropriate adult.” | |
(4) After subsection (5) there is inserted— | 25 |
“(6) In this section— | |
“appropriate adult”, in relation to a person aged under 16, | |
means— | |
(a) his parent or guardian or, if he is in the care of a local | |
authority or voluntary organisation, a person | 30 |
representing that authority or organisation, | |
(b) a social worker of a local authority social services | |
department, or | |
(c) if no person falling within paragraph (a) or (b) is | |
available, any responsible person aged 18 or over who is | 35 |
not a police officer or a person employed by the police; | |
“responsible officer” means— | |
(a) in relation to an offender aged under 18, an officer of a | |
local probation board or a member of a youth offending | |
team; | 40 |
(b) in relation to an offender aged 18 or over, an officer of a | |
local probation board.” | |
| |
| |
|
| |
| |
Supplemental | |
240 Alteration by order of relevant proportion of sentence | |
The Secretary of State may by order provide that any reference in section | |
224(3)(a), section 226(2) or section 238(6)(a)(ii) to a particular proportion of a | |
prisoner’s sentence is to be read as a reference to such other proportion of a | 5 |
prisoner’s sentence as may be specified in the order. | |
241 Interpretation of Chapter 6 | |
In this Chapter— | |
“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43); | |
“the Board” means the Parole Board; | 10 |
“fixed-term prisoner” has the meaning given by section 217(1); | |
“prison” and “prisoner” are to be read in accordance with section 217(2); | |
“release”, in relation to a prisoner serving a sentence of imprisonment to | |
which an intermittent custody order relates, includes temporary | |
release; | 15 |
“relevant court order”, in relation to a person serving a sentence of | |
imprisonment of imprisonment to which a custody plus order or | |
intermittent custody order relates, means that order. | |
Chapter 7 | |
Other provisions about sentencing | 20 |
Deferment of sentence | |
242 Deferment of sentence | |
Schedule 16 (deferment of sentence) shall have effect. | |
Power to include drug treatment and testing requirement in certain orders in respect of young | |
offenders | 25 |
243 Inclusion of drug treatment requirement in action plan order or supervision | |
order | |
Schedule 17 (which enables a requirement as to drug treatment and testing to | |
be included in an action plan order or a supervision order) shall have effect. | |
Alteration of penalties for offences | 30 |
244 Alteration of penalties for specified summary offences | |
(1) The summary offences listed in Schedule 18 are no longer punishable with | |
imprisonment. | |
(2) Schedule 19 (which contains amendments increasing the maximum term of | |
imprisonment for certain summary offences from 4 months or less to 51 weeks) | 35 |
shall have effect. | |
| |
| |
|
| |
| |
(3) This section does not affect the penalty for any offence committed before the | |
commencement of this section. | |
245 Alteration of penalties for other summary offences | |
(1) Subsection (2) applies to any summary offence which— | |
(a) is an offence under a relevant enactment, | 5 |
(b) is punishable with a maximum term of imprisonment of five months or | |
less, and | |
(c) is not listed in Schedule 18 or Schedule 19. | |
(2) The Secretary of State may by order amend any relevant enactment so as to— | |
(a) provide that any summary offence to which this subsection applies is | 10 |
no longer punishable with imprisonment, or | |
(b) increase to 51 weeks the maximum term of imprisonment to which a | |
person is liable on conviction of the offence. | |
(3) An order under subsection (2) may make such supplementary, incidental or | |
consequential provision as the Secretary of State considers necessary or | 15 |
expedient, including provision amending any relevant enactment. | |
(4) Subsection (5) applies to any summary offence which— | |
(a) is an offence under a relevant enactment, and | |
(b) is punishable with a maximum term of imprisonment of six months. | |
(5) The maximum term of imprisonment to which a person is liable on conviction | 20 |
of an offence to which this subsection applies is, by virtue of this subsection, 51 | |
weeks (and the relevant enactment in question is to be read as if it had been | |
amended accordingly). | |
(6) Neither of the following— | |
(a) an order under subsection (2), or | 25 |
(b) subsection (5), | |
affects the penalty for any offence committed before the commencement of that | |
order or subsection (as the case may be). | |
(7) In this section and section 246 “relevant enactment” means any enactment | |
contained in— | 30 |
(a) an Act passed before or in the same Session as this Act, or | |
(b) any subordinate legislation made before the passing of this Act. | |
(8) In subsection (7) “subordinate legislation” has the same meaning as in the | |
Interpretation Act 1978 (c. 30). | |
246 Increase in maximum term that may be imposed on summary conviction of | 35 |
offence triable either way | |
(1) In section 32 of the Magistrates’ Courts Act 1980 (c. 43) (penalties on summary | |
conviction for offences triable either way) in subsection (1) (offences listed in | |
Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “not | |
exceeding the prescribed term”. | 40 |
(2) In subsection (9) of that section after the definition of “the prescribed sum” | |
there is inserted— | |
““the prescribed term”— | |
| |
| |
|
| |
| |
(a) in the case of an offence committed before the commencement | |
of an order under section 139(a) of the Criminal Justice Act 2003 | |
(power to increase general limit on magistrates’ power to | |
impose imprisonment), means 12 months, and | |
(b) in the case of an offence committed after that commencement, | 5 |
means 18 months;”. | |
(3) Subsection (4) applies to any offence triable either way which— | |
(a) is an offence under a relevant enactment, | |
(b) is punishable with imprisonment on summary conviction, and | |
(c) is not listed in Schedule 1 to the Magistrates’ Courts Act 1980 (c. 43). | 10 |
(4) The maximum term of imprisonment to which a person is liable on summary | |
conviction of an offence to which this subsection applies is by virtue of this | |
subsection— | |
(a) where the offence is committed before the commencement of an order | |
under section 139(a), 12 months, and | 15 |
(b) where the offence is committed after that commencement, 18 months | |
or, if less, the maximum term of imprisonment to which he would be | |
liable on conviction on indictment of the offence, | |
(and the relevant enactment in question is to be read as if it had been amended | |
accordingly). | 20 |
(5) Nothing in this section affects the penalty for any offence committed before the | |
commencement of this section. | |
247 Enabling powers: alteration of maximum penalties for summary and either | |
way offences | |
(1) In section 38(5) of the Slaughterhouses Act 1974 (c. 3) (maximum penalties to | 25 |
be prescribed by regulations), the words “or imprisonment for a term of three | |
months or both” are omitted. | |
(2) Paragraph 1 of Schedule 2 to the European Communities Act 1972 (c. 68) | |
(provisions as to powers conferred by section 2(2)) is amended as follows— | |
(a) in sub-paragraph (1)(d), for “three months” there is substituted “the | 30 |
prescribed term”, and | |
(b) after sub-paragraph (2) there is inserted— | |
“(3) In sub-paragraph (1)(d), “the prescribed term” means— | |
(a) in relation to England and Wales, where the offence is | |
a summary offence, 51 weeks, | 35 |
(b) in relation to England and Wales, where the offence is | |
triable either way— | |
(i) for offences committed before the | |
commencement of an order under section | |
139(a) of the Criminal Justice Act 2003 (power | 40 |
to increase general limit on magistrates’ | |
power to impose imprisonment), 12 months, | |
and | |
(ii) for offences committed after that | |
commencement, 18 months or, if less, the | 45 |
maximum term of imprisonment to which the | |
| |
| |
|
| |
| |
(ii) offender would be liable on conviction on | |
indictment of the offence, | |
(c) in relation to Scotland and Northern Ireland, three | |
months.” | |
(3) The Secretary of State may by order, in accordance with subsection (4) or (5), | 5 |
amend any relevant enactment which confers a power (however framed or | |
worded) by subordinate legislation to make a person— | |
(a) as regards a summary offence, liable on conviction to a term of | |
imprisonment, | |
(b) as regards an offence triable either way, liable on summary conviction | 10 |
to a term of imprisonment. | |
(4) An order made by virtue of paragraph (a) of subsection (3) may amend the | |
relevant enactment in question so as to— | |
(a) restrict the power so that a person may no longer be made liable on | |
conviction of a summary offence to a term of imprisonment, or | 15 |
(b) increase to 51 weeks the maximum term of imprisonment to which a | |
person may be made liable on conviction of a summary offence under | |
the power. | |
(5) An order made by virtue of paragraph (b) of that subsection may amend the | |
relevant enactment in question so as to increase the maximum term of | 20 |
imprisonment to which a person may be made liable on summary conviction | |
of an offence under the power— | |
(a) where the offence is committed before the commencement of an order | |
under section 139(a), to 12 months, and | |
(b) where the offence is committed after that commencement, to 18 months | 25 |
or, if less, the maximum term of imprisonment to which he would be | |
liable on conviction on indictment of the offence. | |
(6) The power conferred by subsection (3) shall not apply to the enactments | |
amended under subsections (1) and (2). | |
(7) An order under subsection (3) may make such supplementary, incidental or | 30 |
consequential provision as the Secretary of State considers necessary or | |
expedient, including provision amending any relevant enactment. | |
(8) None of the following— | |
(a) subsections (1) and (2), or | |
(b) an order under subsection (3), | 35 |
affects the penalty for any offence committed before the commencement of | |
those subsections or that order (as the case may be). | |
(9) In subsection (3) “subordinate legislation” has the same meaning as in the | |
Interpretation Act 1978 (c. 30). | |
(10) In this section “relevant enactment” means any enactment contained in an Act | 40 |
passed before or in the same Session as this Act. | |
248 Increase in penalties for drug-related offences | |
(1) Schedule 20 (increase in penalties for certain drug-related offences) shall have | |
effect. | |
| |
| |
|
| |
| |
(2) That Schedule does not affect the penalty for any offence committed before the | |
commencement of that Schedule. | |
Term of detention and training order | |
249 Term of detention and training order | |
(1) Section 101 of the Sentencing Act (which relates to detention and training | 5 |
orders) is amended as follows. | |
(2) In subsection (1), for “subsection (2)” there is substituted “subsections (2) and | |
(2A)”. | |
(3) After subsection (2) there is inserted— | |
“(2A) Where— | 10 |
(a) the offence is a summary offence, | |
(b) the maximum term of imprisonment that a court could (in the | |
case of an offender aged 18 or over) impose for the offence is 51 | |
weeks, | |
the term of a detention and training order may not exceed 6 months.” | 15 |
Chapter 8 | |
Supplementary | |
250 Sentencing: repeals | |
The following enactments (which are superseded by the provisions of this Part) | |
shall cease to have effect— | 20 |
(a) Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners); | |
(b) sections 80 to 82 of the Crime and Disorder Act 1998 (c. 37) (sentencing | |
guidelines), and | |
(c) in the Sentencing Act— | |
(i) Chapter 3 of Part 4 (community orders available only where | 25 |
offender 16 or over), | |
(ii) section 85 (sexual or violent offences: extension of custodial | |
term for licence purposes), | |
(iii) sections 87 and 88 (remand in custody), | |
(iv) section 109 (life sentence for second serious offence), and | 30 |
(v) Chapter 5 of Part 5 (suspended sentences). | |
251 Amendments relating to sentencing | |
Schedule 21 (which contains amendments related to the provisions of this Part) | |
shall have effect. | |
252 Interpretation of Part 12 | 35 |
(1) In this Part, except where the contrary intention appears— | |
“accredited programme” has the meaning given by section 182(2); | |
| |
| |
|
| |
| |
“activity requirement”, in relation to a community order, custody plus | |
order, intermittent custody order or suspended sentence order, has the | |
meaning given by section 179; | |
“alcohol treatment requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | 5 |
order, has the meaning given by section 192; | |
“the appropriate officer of the court” means, in relation to a magistrates’ | |
court, the clerk of the court; | |
“associated”, in relation to offences, is to be read in accordance with | |
section 161(1) of the Sentencing Act; | 10 |
“attendance centre” has the meaning given by section 201(2); | |
“attendance centre requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | |
order, has the meaning given by section 194; | |
“community order” has the meaning given by section 160(1); | 15 |
“community requirement”, in relation to a suspended sentence order, has | |
the meaning given by section 170(7); | |
“community sentence” has the meaning given by section 130(1); | |
“court” does not include a court-martial; | |
“curfew requirement”, in relation to a community order, custody plus | 20 |
order, intermittent custody order or suspended sentence order, has the | |
meaning given by section 184; | |
“custodial sentence” has the meaning given by section 76 of the | |
Sentencing Act; | |
“custody plus order” has the meaning given by section 163(4); | 25 |
“drug rehabilitation requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | |
order, has the meaning given by section 189; | |
“electronic monitoring requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | 30 |
order, has the meaning given by section 195; | |
“exclusion requirement”, in relation to a community order, custody plus | |
order, intermittent custody order or suspended sentence order, has the | |
meaning given by section 223; | |
“guardian” has the same meaning as in the Children and Young Persons | 35 |
Act 1933 (c. 12); | |
“intermittent custody order” has the meaning given by section 165(2); | |
“licence” means a licence under Chapter 6; | |
“local probation board” means a local probation board established under | |
section 4 of the Criminal Justice and Court Services Act 2000 (c. 43); | 40 |
“mental health treatment requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | |
order, has the meaning given by section 187; | |
“pre-sentence report” has the meaning given by section 142(1); | |
“programme requirement”, in relation to a community order, custody | 45 |
plus order, intermittent custody order or suspended sentence order, | |
has the meaning given by section 182; | |
“prohibited activity requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | |
order, has the meaning given by section 183; | 50 |
| |
| |
|
