Criminal Justice Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Schedule 19 — Increase in maximum term for certain summary offences
    242

              “(2)                Every person who in any street, to the obstruction, annoyance, or
danger of the residents or passengers, commits the offence of
wilfully and indecently exposing his person, shall be liable to a
penalty not exceeding level 3 on the standard scale for each offence,
or, in the discretion of the justice before whom he is convicted, may
5
be committed to prison, there to remain for a period not exceeding 51
weeks.”
Licensing Act 1872
  4        In section 12 of the Licensing Act 1872 (c. 94) (penalty for being found
drunk), for “one month” there is substituted “51 weeks”.
10
Licensing Act 1902
  5        In section 2 of the Licensing Act 1902 (c. 28) (penalty for being drunk while
in charge of a child), in subsection (1), for “one month” there is substituted
“51 weeks”.
Judicial Proceedings (Regulation of Reports) Act 1926
15
  6        In section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926
(c. 61) (restriction on publication of reports of judicial proceedings), in
subsection (2), for “four months” there is substituted “51 weeks”.
Public Order Act 1936
  7        In section 7 of the Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
20
(enforcement), in subsection (2), for “three months” there is substituted “51
weeks”.
Cinematograph Films (Animals) Act 1937
  8        In section 1 of the Cinematograph Films (Animals) Act 1937 (c. 59)
(prohibition of films involving cruelty to animals), in subsection (3), for
25
“three months” there is substituted “51 weeks”.
Fire Services Act 1947
  9        In section 31 of the Fire Services Act 1947 (c. 41) (false alarms of fire), in
subsection (1), for “three months” there is substituted “51 weeks”.
National Assistance Act 1948
30
  10      (1)      The National Assistance Act 1948 (c. 29) is amended as follows.
          (2)      In section 51 (failure to maintain), in subsection (3)(a) and (b), for “three
months” there is substituted “51 weeks”.
          (3)      In section 52 (false statements), in subsection (1), for “three months” there is
substituted “51 weeks”.
35
Docking and Nicking of Horses Act 1949
  11      (1)      The Docking and Nicking of Horses Act 1949 (c 70) is amended as follows.

Criminal Justice Bill
Schedule 19 — Increase in maximum term for certain summary offences
    243

          (2)      In section 1 (prohibition of docking and nicking except in certain cases), in
subsection (3), for “three months” there is substituted “51 weeks”.
          (3)      In section 2 (restriction on landing docked horses)—
              (a)             in subsection (3), and
              (b)             in subsection (4),
5
                   for “3 months” there is substituted “51 weeks”.
Protection of Animals (Amendment) Act 1954
  12       In section 2 of the Protection of Animals (Amendment) Act 1954 (c. 40)
(breach of disqualification order), for “three months” there is substituted “51
weeks”.
10
Children and Young Persons (Harmful Publications) Act 1955
  13       In section 2 of the Children and Young Persons (Harmful Publications) Act
1955 (c. 28) (penalty for publishing certain works etc.), in subsection (1), for
“four months” there is substituted “51 weeks”.
Agriculture Act 1957
15
  14       In section 7 of the Agriculture Act 1957 (c. 57) (penalties)—
              (a)             in subsection (1), for “three months” there is substituted “51 weeks”,
and
              (b)             in subsection (2), for “one month” there is substituted “51 weeks”.
Animals (Cruel Poisons) Act 1962
20
  15       In section 1 of the Animals (Cruel Poisons) Act 1962 (c. 26) (offences and
penalties under regulations), in paragraph (b), for “three months” there is
substituted “51 weeks”.
Plant Varieties and Seeds Act 1964
  16       In section 27 of the Plant Varieties and Seeds Act 1964 (c. 14) (tampering with
25
samples), in subsection (1), for “three months” there is substituted “51
weeks”.
Agriculture Act 1967
  17      (1)      The Agriculture Act 1967 is amended as follows.
          (2)      In section 6 (penalties), in subsection (4), for “three months” there is
30
substituted “51 weeks”.
          (3)      In section 21 (inquiry by Meat and Livestock Commission), in subsection
(11), for “three months” there is substituted “51 weeks”.
Firearms Act 1968
  18      (1)      Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and
35
punishment of offences) is amended as follows.

Criminal Justice Bill
Schedule 19 — Increase in maximum term for certain summary offences
    244

          (2)      In the entry relating to section 3(6) of that Act (business and other
transactions with firearms and ammunition), in the fourth column, for “3
months” there is substituted “51 weeks”.
          (3)      In the entry relating to section 6(3) of that Act (power to prohibit movement
of arms and ammunition), in the fourth column, for “3 months” there is
5
substituted “51 weeks”.
          (4)      In the entry relating to section 20(2) of that Act (trespassing with firearm), in
the fourth column, for “3 months” there is substituted “51 weeks”.
          (5)      In the entry relating to section 22(1A) of that Act (acquisition and possession
of firearms by minors), in the fourth column, for “3 months” there is
10
substituted “51 weeks”.
          (6)      In the entry relating to section 25 of that Act (supplying firearm to person
drunk or insane), in the fourth column, for “3 months” there is substituted
“51 weeks”.
          (7)      In the entry relating to section 32C(6) of that Act (variation endorsement etc.
15
of European documents), in the fourth column, for “3 months” there is
substituted “51 weeks”.
          (8)      In the entry relating to section 42A of that Act (information as to transactions
under visitors’ permits), in the fourth column, for “3 months” there is
substituted “51 weeks”.
20
          (9)      In the entry relating to section 47(2) of that Act (powers of constables to stop
and search), in the fourth column, for “3 months” there is substituted “51
weeks”.
          (10)     In the entry relating to section 49(3) of that Act (police powers in relation to
arms traffic), in the fourth column, for “3 months” there is substituted “51
25
weeks”.
Agriculture (Miscellaneous Provisions) Act 1968
  19       In section 7 of the Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
(punishment of offences under Part 1), in subsection (1), for “three months”
there is substituted “51 weeks”.
30
Agriculture Act 1970
  20      (1)      The Agriculture Act 1970 (c. 40) is amended as follows.
          (2)      In section 68 (duty to give statutory statement), in subsection (4), for “three
months” there is substituted “51 weeks”.
          (3)      In section 69 (marking of material prepared for sale), in subsection (4), for
35
“three months” there is substituted “51 weeks”.
          (4)      In section 70 (use of names or expressions with prescribed meanings), in
subsection (2), for “three months” there is substituted “51 weeks”.
          (5)      In section 71 (particulars to be given of attributes if claimed to be present), in
subsection (2), for “three months” there is substituted “51 weeks”.
40
          (6)      In section 73 (deleterious ingredients in feeding stuff), in subsection (4), for
“three months” there is substituted “51 weeks”.
          (7)      In section 73A (unwholesome feeding stuff), in subsection (4), for “three
months” there is substituted “51 weeks”.

Criminal Justice Bill
Schedule 19 — Increase in maximum term for certain summary offences
    245

          (8)      In section 74A (regulations controlling the contents of feeding stuff), in
subsection (3), for “three months” there is substituted “51 weeks”.
          (9)      In section 79 (supplementary provision relating to samples and analysis), in
subsection (10), for “three months” there is substituted “51 weeks”.
          (10)     In section 83 (exercise of powers by inspectors), in subsection (3), for “three
5
months” there is substituted “51 weeks”.
          (11)     In section 106 (eradication of brucellosis), in subsection (7), for “three
months” there is substituted “51 weeks”.
Slaughterhouses Act 1974
  21      (1)      The Slaughterhouses Act 1974 (c. 3) is amended as follows.
10
          (2)      In section 20 (wrongful disclosure of information), in subsection (4), for
“three months” there is substituted “51 weeks”.
          (3)      In section 21 (obstruction), in subsection (1), for “one month” there is
substituted “51 weeks”.
          (4)      In section 23 (prosecution and punishment of offences), in subsection (2)(a),
15
for “three months” there is substituted “51 weeks”.
Criminal Law Act 1977
  22       In section 8 of the Criminal Law Act 1977 (c. 45) (trespassing with a weapon
of offence), in subsection (3), for “three months” there is substituted “51
weeks”.
20
Refuse Disposal (Amenity) Act 1978
  23       In section 2 of the Refuse Disposal (Amenity) Act 1978 (c. 3) (penalty for
unauthorised dumping), in subsection (1), for “three months” there is
substituted “51 weeks”.
Customs and Excise Management Act 1979
25
  24      (1)      The Customs and Excise Management Act 1979 (c. 2) is amended as follows.
          (2)      In section 21 (control of movement of aircraft), in subsection (6), for “3
months” there is substituted “51 weeks”.
          (3)      In section 33 (power to inspect aircraft etc.), in subsection (4), for “3 months”
there is substituted “51 weeks”.
30
          (4)      In section 34 (power to prevent flight of aircraft)—
              (a)             in subsection (2), and
              (b)             in subsection (3),
                   for “3 months” there is substituted “51 weeks”.
Licensed Premises (Exclusion of Certain Persons) Act 1980
35
  25       In section 2 of the Licensed Premises (Exclusion of Certain Persons) Act 1980
(c. 32) (penalty for non-compliance with an exclusion order), in subsection
(1), for “one month” there is substituted “51 weeks”.

Criminal Justice Bill
Schedule 19 — Increase in maximum term for certain summary offences
    246

Magistrates’ Courts Act 1980
  26       In section 84 of the Magistrates’ Courts Act 1980 (c. 43) (power to require
statement of means), in subsection (3), for “four months” there is substituted
“51 weeks”.
Criminal Attempts Act 1981
5
  27       In section 9 of the Criminal Attempts Act 1981 (c. 47) (interference with
vehicles), in subsection (3), for “three months” there is substituted “51
weeks”.
Civil Aviation Act 1982
  28       In section 75 of the Civil Aviation Act 1982 (c. 16) (investigation of
10
accidents), in subsection (5), for “three months” there is substituted “51
weeks”.
Public Health (Control of Disease) Act 1984
  29      (1)      The Public Health (Control of Disease) Act 1984 (c. 22) is amended as
follows.
15
          (2)      In section 29 (letting of house after recent case of notifiable disease), in
subsection (1), for “one month” there is substituted “51 weeks”.
          (3)      In section 30 (duty on ceasing to occupy house after recent case of notifiable
disease), in subsection (1), for “one month” there is substituted “51 weeks”.
          (4)      In section 62 (powers of entry), in subsection (3), for “3 months” there is
20
substituted “51 weeks”.
County Courts Act 1984
  30      (1)      The County Courts Act 1984 (c. 28) is amended as follows.
          (2)      In section 14 (penalty for assaulting officers), in subsection (1)(a), for “3
months” there is substituted “51 weeks”.
25
          (3)      In section 92 (penalty for rescuing goods seized), in subsection (1)(a), for
“one month” there is substituted “51 weeks.”
Animal Health and Welfare Act 1984
  31       In section 10 of the Animal Health and Welfare Act 1984 (c. 40) (artificial
breeding of livestock), in subsection (6), for “three months” there is
30
substituted “51 weeks”.
Police and Criminal Evidence Act 1984
  32       In section 63C of the Police and Criminal Evidence Act 1984 (c. 60) (testing
for presence of drugs), in subsection (1), for “three months” there is
substituted “51 weeks”.
35

Criminal Justice Bill
Schedule 19 — Increase in maximum term for certain summary offences
    247

Sporting Events (Control of Alcohol etc.) Act 1985
  33       In section 8 of the Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)
(penalties for offences), in paragraph (b), for “three months” there is
substituted “51 weeks”.
Public Order Act 1986
5
  34      (1)      The Public Order Act 1986 (c. 64) is amended as follows.
          (2)      In section 12 (imposing conditions on public processions)—
              (a)             in subsection (8), and
              (b)             in subsection (10),
                   for “3 months” there is substituted “51 weeks”.
10
          (3)      In section 13 (prohibiting public processions)—
              (a)             in subsection (11), and
              (b)             in subsection (13),
                   for “3 months” there is substituted “51 weeks”.
          (4)      In section 14 (imposing conditions on public assemblies)—
15
              (a)             in subsection (8), and
              (b)             in subsection (10),
                   for “3 months” there is substituted “51 weeks”.
          (5)      In section 14B (offences in connection with trespassory assemblies and arrest
therefor)—
20
              (a)             in subsection (5), and
              (b)             in subsection (7),
                   for “3 months” there is substituted “51 weeks”.
Road Traffic Offenders Act 1988
  35      (1)      Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
25
(prosecution and punishment of offenders) is amended as follows.
          (2)      In the entry relating to section 4(2) of the Road Traffic Act 1988 (c. 52)
(driving, or being in charge, when under the influence of drink or drugs), in
column 4, for “3 months” there is substituted “51 weeks”.
          (3)      In the entry relating to section 5(1)(b) of that Act (driving or being in charge
30
of a motor vehicle with alcohol concentration above prescribed limit), in
column 4, for “3 months” there is substituted “51 weeks”.
          (4)      In the entry relating to section 7 of that Act (provision of specimens for
analysis), in column 4, for “3 months” there is substituted “51 weeks”.
          (5)      In the entry relating to section 7A of that Act (failing to allow specimen to be
35
subjected to analysis), in column 4, for “3 months” there is substituted “51
weeks”.
Official Secrets Act 1989
  36       In section 10 of the Official Secrets Act 1989 (c. 6) (penalties), in subsection
(2), for “three months” there is substituted “51 weeks”.
40

Criminal Justice Bill
Schedule 19 — Increase in maximum term for certain summary offences
    248

Human Organ Transplants Act 1989
  37       In section 1 of the Human Organ Transplants Act 1989 (c. 31) (prohibition of
commercial dealings in human organs), in subsection (5), for “three months”
there is substituted “51 weeks”.
Football Spectators Act 1989
5
  38       In section 2 of the Football Spectators Act 1989 (c. 37) (unauthorised
attendance at designated football matches), in subsection (3), for “one
month” there is substituted “51 weeks”.
Food Safety Act 1990
  39       In section 35 of the Food Safety Act 1990 (c. 16) (punishment of offences), in
10
subsection (1), for “three months” there is substituted “51 weeks”.
Deer Act 1991
  40       In section 9 of the Deer Act 1991 (c. 54) (penalties for offences relating to
deer), in subsection (1), for “three months” there is substituted “51 weeks”.
Social Security Administration Act 1992
15
  41       In section 105 of the Social Security Administration Act 1992 (c. 5) (failure of
person to maintain himself or another), in subsection (1), for “3 months”
there is substituted “51 weeks”.
Criminal Justice and Public Order Act 1994
  42      (1)      The Criminal Justice and Public Order Act 1994 (c. 33) is amended as
20
follows.
          (2)      In section 60 (failing to stop), in subsection (8), for “one month” there is
substituted “51 weeks”.
          (3)      In section 60AA (powers to require removal of disguises), in subsection (7),
for “one month” there is substituted “51 weeks”.
25
          (4)      In section 61 (power to remove trespasser on land), in subsection (4), for
“three months” there is substituted “51 weeks”.
          (5)      In section 63 (powers to remove persons attending or preparing for a rave),
in subsection (6), for “three months” there is substituted “51 weeks”.
          (6)      In section 68 (offence of aggravated trespass), in subsection (3), for “three
30
months” there is substituted “51 weeks”.
          (7)      In section 69 (powers to remove persons committing or participating in
aggravated trespass), in subsection (3), for “three months” there is
substituted “51 weeks”.
Police Act 1996
35
  43       In section 89 of the Police Act 1996 (c. 16) (assaults on constables etc.), in
subsection (2), for “one month” there is substituted “51 weeks”.



© Parliamentary copyright 2002	Revised 21 November 2002