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Treasure Act 1996 | |
44 In section 8 of the Treasure Act 1996 (c. 24) (duty of finder of treasure to | |
notify coroner), in subsection (3)(a), for “three months” there is substituted | |
“51 weeks”. | |
Education Act 1996 | 5 |
45 (1) The Education Act 1996 (c. 56) is amended as follows. | |
(2) In section 444 (failure to secure regular attendance at school), in subsection | |
(8A)(b), for “three months” there is substituted “51 weeks”. | |
(3) In section 559 (prohibition or restriction on employment of children), in | |
subsection (4)(b), for “one month” there is substituted “51 weeks”. | 10 |
Access to Justice Act 1999 | |
46 In section 21 of the Access to Justice Act 1999 (c. 22) in subsection (2)(b), for | |
“three months” there is substituted “51 weeks”. | |
Immigration and Asylum Act 1999 | |
47 (1) The Immigration and Asylum Act 1999 (c. 33) is amended as follows. | 15 |
(2) In section 105 (false representation), in subsection (2), for “three months” | |
there is substituted “51 weeks”. | |
(3) In section 108 (failure of sponsor to maintain), in subsection (2), for “3 | |
months” there is substituted “51 weeks”. | |
Financial Services and Markets Act 2000 | 20 |
48 (1) The Financial Services and Markets Act 2000 (c. 8) is amended as follows. | |
(2) In section 177 (offences), in subsection (6), for “three months” there is | |
substituted “51 weeks”. | |
(3) In section 352 (offences), in subsection (5), for “three months” there is | |
substituted “51 weeks”. | 25 |
Terrorism Act 2000 | |
49 (1) The Terrorism Act 2000 (c. 11) is amended as follows. | |
(2) In section 36 (police powers), in subsection (4)(a), for “three months” there is | |
substituted “51 weeks”. | |
(3) In section 51 (offences in relation to parking), in subsection (6)(a), for “three | 30 |
months” there is substituted “51 weeks”. | |
(4) In Schedule 5 (terrorist investigations: information)— | |
(a) in paragraph 3(8)(a), and | |
(b) in paragraph 15(5)(a), | |
for “three months” there is substituted “51 weeks”. | 35 |
(5) In Schedule 7 (ports and border controls), in paragraph 18(2)(a), for “three | |
months” there is substituted “51 weeks”. | |
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Criminal Justice and Police Act 2001 | |
50 (1) The Criminal Justice and Police Act 2001 (c. 16) is amended as follows. | |
(2) In section 25 (enforcement of closure orders)— | |
(a) in subsection (3)(a), for “one month” there is substituted “51 weeks”, | |
and | 5 |
(b) in subsections (4) and (5), for “three months” there is substituted “51 | |
weeks”. | |
(3) In section 42 (prevention of intimidation), in subsection (7), for “three | |
months” there is substituted “51 weeks”. | |
Police Reform Act 2002 | 10 |
51 In section 46 of the Police Reform Act 2002 (c. 30) (offences against | |
designated and accredited persons etc.), in subsection (2), for “one month” | |
there is substituted “51 weeks”. | |
Schedule 20 | |
Section 248 | |
Increase in penalties for drug-related offences | 15 |
Misuse of Drugs Act 1971 (c. 38) | |
1 (1) Schedule 4 to the Misuse of Drugs Act 1971 (prosecution and punishment of | |
offences) is amended as follows. | |
(2) In column 6 of that Schedule (punishments for offences under that Act | |
committed in relation to Class C drugs), in each of the following entries, for | 20 |
“5 years” there is substituted “14 years”. | |
(3) Those entries are the entries relating to the punishment, on conviction on | |
indictment, of offences under the following provisions of that Act— | |
(a) section 4(2) (production, or being concerned in the production, of a | |
controlled drug), | 25 |
(b) section 4(3) (supplying or offering to supply a controlled drug or | |
being concerned in the doing of either activity by another), | |
(c) section 5(3) (having possession of a controlled drug with intent to | |
supply it to another), | |
(d) section 8 (being the occupier, or concerned in the management, of | 30 |
premises and permitting or suffering certain activities to take place | |
there), | |
(e) section 12(6) (contravention of direction prohibiting practitioner etc | |
from possessing, supplying etc controlled drugs), and | |
(f) section 13(3) (contravention of direction prohibiting practitioner etc | 35 |
from prescribing, supplying etc controlled drugs). | |
Customs and Excise Management Act 1979 (c. 2) | |
2 In Schedule 1 to the Customs and Excise Management Act 1979 (controlled | |
drugs: variation of punishments for certain offences under that Act), in | |
paragraph 2(c) (punishment on conviction on indictment of offences under | 40 |
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2 that Act committed in relation to Class C drugs), for “5 years” there is | |
substituted “14 years”. | |
Criminal Justice (International Co-operation) Act 1990 (c. 5) | |
3 In section 19 of the Criminal Justice (International Co-operation) Act 1990 | |
(ships used for illicit traffic), in subsection (4)(c)(ii) (punishment on | 5 |
conviction on indictment of offences under that section committed in | |
relation to Class C drugs), for “five years” there is substituted “fourteen | |
years”. | |
Schedule 21 | |
Section 251 | |
Amendments relating to sentencing | 10 |
Part 1 | |
General | |
Prison Act 1952 (c. 52) | |
1 In section 53 of the Prison Act 1952 (interpretation), for “section 62 of the | |
Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | 15 |
“section 201 of the Criminal Justice Act 2003”. | |
Criminal Justice Act 1967 (c.80) | |
2 The Criminal Justice Act 1967 is amended as follows. | |
3 In section 32 (amendments of costs in Criminal Cases Act 1952), in | |
subsection (3)(a), for “make an order under paragraph 5 of Schedule 2 to the | 20 |
Powers of Criminal Courts (Sentencing) Act 2000 (probation orders | |
requiring treatment for mental condition) or” there is substituted “include in | |
a community order (within the meaning of Part 12 of the Criminal Justice | |
Act 2003) a mental health requirement under section 187 of that Act or make | |
an order under”. | 25 |
4 In section 104 (general provisions as to interpretation), in subsection (1), the | |
definition of “suspended sentence” is omitted. | |
Criminal Appeal Act 1968 (c. 19) | |
5 The Criminal Appeal Act 1968 is amended as follows. | |
6 (1) Section 10 (appeal against sentence in cases dealt with by Crown Court | 30 |
otherwise than on conviction on indictment) is amended as follows. | |
(2) In subsection (2)(b), for “or a community order within the meaning of the | |
Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | |
“youth community order within the meaning of the Powers of Criminal | |
Courts (Sentencing) Act 2000 or a community order within the meaning of | 35 |
Part 12 of the Criminal Justice Act 2003”. | |
(3) In subsection (3)(c), for paragraph (iii) there is substituted— | |
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(iii) an order under paragraph 7(2)(a) or (b) of Schedule 9 | |
to the Criminal Justice Act 2003 (powers of court on | |
breach of community requirement or conviction of | |
further offence in relation to suspended sentence);”. | |
7 In section 11 (supplementary provisions as to appeal against sentence), | 5 |
subsection (4) is omitted. | |
Firearms Act 1968 (c. 27) | |
8 The Firearms Act 1968 is amended as follows. | |
9 (1) Section 21 (possession of firearms by persons previously convicted of crime) | |
is amended as follows. | 10 |
(2) In subsection (2A), after paragraph (c) there is inserted— | |
“(d) in the case of a person who has been subject to a sentence of | |
imprisonment to which an intermittent custody order under | |
section 165(1)(b) of the Criminal Justice Act 2003 relates, the | |
date of his final release.” | 15 |
(3) In subsection (3)(b), for “probation order” there is substituted “community | |
order within the meaning of the Criminal Justice Act 2003”. | |
10 In section 52 (forfeiture and disposal of firearms; cancellation of certificate | |
by convicting court), in subsection (1)(c), for “probation order” there is | |
substituted “community order within the meaning of the Criminal Justice | 20 |
Act 2003”. | |
Social Work (Scotland) Act 1968 (c. 49 | |
11 In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in the | |
definition of “probation order” in subsection (1), for “community | |
rehabilitation order” there is substituted “community order within the | 25 |
meaning of the Criminal Justice Act 2003”. | |
Immigration Act 1971 (c. 77) | |
12 In section 7 of the Immigration Act 1971 (exemption from deportation for | |
certain existing residents), in subsection (4), for “section 87 of the Powers of | |
Criminal Courts (Sentencing) Act 2000” there is substituted “section 220 of | 30 |
the Criminal Justice Act 2003”. | |
Rehabilitation of Offenders Act 1974 (c. 53) | |
13 (1) Section 5 of the Rehabilitation of Offenders Act 1974 (c. 53) (rehabilitation | |
periods for particular offences) is amended as follows. | |
(2) In subsection (1)— | 35 |
(a) at the end of paragraph (e), there is inserted “and”, and | |
(b) after that paragraph, there is inserted the following paragraph— | |
(c) a sentence of imprisonment for public protection | |
under section 205 of the Criminal Justice Act 2003 or | |
a sentence of detention for public protection under | 40 |
section 206 of that Act.” | |
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(3) In subsection (4A), after the words “probation order” there is inserted “or a | |
community order under section 160 of the Criminal Justice Act 2003”. | |
Bail Act 1976 (c. 63) | |
14 The Bail Act 1976 is amended as follows. | |
15 (1) Section 2 (other definitions) is amended as follows. | 5 |
(2) In the definition of “probation hostel” in subsection (2), for words from “by” | |
onwards there is substituted “by a community order under section 160 of the | |
Criminal Justice Act 2003.” | |
(3) In subsection (1)(d)— | |
(a) the words “placing the offender on probation or” are omitted, and | 10 |
(b) for “him” there is substituted “the offender”. | |
16 In section 4 (general right to bail of accused persons and others), in | |
subsection (3), for the words from “Part II” onwards there is substituted | |
“Part 2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement | |
of order)”. | 15 |
17 In Part 3 of Schedule 1 (interpretation), in the definition of “default” in | |
paragraph 4, for the words from “Part II” onwards there is substituted “Part | |
2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement of | |
order)”. | |
Criminal Law Act 1977 (c. 45) | 20 |
18 In section 3 of the Criminal Law Act 1977 (penalties for conspiracy), in | |
subsection (1), for “section 127 of the Powers of Criminal Courts | |
(Sentencing) Act 2000” there is substituted “section 147 of the Criminal | |
Justice Act 2003”. | |
Magistrates’ Courts Act 1980 (c. 43) | 25 |
19 In section 11 of the Magistrates’ Courts Act 1980 (non appearance of | |
accused), in subsection (3), for “section 119 of the Powers of Criminal Courts | |
(Sentencing) Act 2000” there is substituted “paragraph 7(2)(a) or (b) of | |
Schedule 9 to the Criminal Justice Act 2003”. | |
Public Passenger Vehicles Act 1981 (c. 14) | 30 |
20 (1) In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary | |
provisions as to qualifications for PSV operators license), paragraph 1 is | |
amended as follows. | |
(2) In sub-paragraph (4)(a), for “a community service order for more than sixty | |
hours” there is substituted “a community order requiring the offender to | 35 |
perform unpaid work for more than sixty hours”. | |
(3) In sub-paragraph (6), for the words from ““a community” onwards there is | |
substituted ““a community order” means an order under section 160 of the | |
Criminal Justice Act 2003, a community punishment order made before the | |
commencement of that section or a community service order under the | 40 |
Community Service by Offenders (Scotland) Act 1978”. | |
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Criminal Attempts Act 1981 (c. 47) | |
21 In section 4 of the Criminal Attempts Act 1981 (trials and penalties), in | |
subsection (5)(b), for sub-paragraph (ii) there is substituted— | |
(iv) in section 137(i) and (ii) (general limit on magistrates’ | |
court’s powers to impose imprisonment) of the | 5 |
Criminal Justice Act 2003.” | |
Criminal Justice Act 1982 (c. 48) | |
22 In Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal | |
arrangements (Northern Ireland) persons residing in England and Wales or | |
Scotland), in paragraph 7— | 10 |
(a) in sub-paragraph (2)(b), for “such orders” there is substituted “an | |
unpaid work requirement of a community order (within the | |
meaning of Part 12 of the Criminal Justice Act 2003)”, and | |
(b) in sub-paragraph (3)(b), for the words from “community service | |
orders” onwards there is substituted “community orders within the | 15 |
meaning of Part 12 of the Criminal Justice Act 2003 conferred on | |
responsible officers by that Part of that Act.”. | |
Mental Health Act 1983 (c.20) | |
23 The Mental Health Act 1983 is amended as follows. | |
24 In section 37 (powers of courts to order hospital admission or | 20 |
guardianship)— | |
(a) in subsection (1), the words “or falls to be imposed under section | |
109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are | |
omitted, | |
(b) in subsection (1B), the word “109(2),” is omitted, and | 25 |
(c) in subsection (8), for “probation order” there is substituted | |
“community order (within the meaning of Part 12 of the Criminal | |
Justice Act 2003)”. | |
25 In section 45A (powers of higher courts to direct hospital admission), in | |
subsection (1)(b), the words from “except” to “1997” are omitted. | 30 |
Police and Criminal Evidence Act 1984 (c. 60) | |
26 In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody | |
officer after charge), for the definitions of “sexual offence” and “violent | |
offence” in subsection (6A) there is substituted— | |
““sexual offence” means an offence specified in Part 2 of Schedule 11 to | 35 |
the Criminal Justice Act 2003; | |
“violent offence” means murder or an offence specified in Part 1 of that | |
Schedule;” | |
Criminal Justice Act 1988 (c. 33) | |
27 The Criminal Justice Act 1988 is amended as follows. | 40 |
28 In section 36 (reviews of sentencing), in subsection (2)— | |
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(a) the words “109(2),” are omitted, and | |
(b) at the end there is inserted “or by sections 205, 206, 207 or 208 of the | |
Criminal Justice Act 2003.”. | |
29 In section 50 (suspended and partly suspended sentences on certain civilians | |
in courts-martial and Standing Civilian Courts), in subsection (3)(b)(i), for | 5 |
“Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | |
“Criminal Justice Act 2003”. | |
Road Traffic Offenders Act 1988 (c. 53) | |
30 In section 46 of the Road Traffic Offenders Act 1988 (combination of | |
disqualification and endorsement with probation orders and orders for | 10 |
discharge), in subsection (1), paragraph (a) and the word “or” following it | |
shall cease to have effect. | |
Football Spectators Act 1989 (c. 37) | |
31 In section 7 of the Football Spectators Act 1989 (disqualification for | |
membership of scheme), subsection (9) shall cease to have effect. | 15 |
Children Act 1989 (c. 41) | |
32 The Children Act 1989 is amended as follows. | |
33 In section 68 (persons disqualified from being foster parents), in subsection | |
(2)(d), for “probation order” there is substituted “community order (within | |
the meaning of the Criminal Justice Act 2003)”. | 20 |
34 In Schedule 9A (child minding and day care for young children), in | |
paragraph 4(2)(g), the words “placed on probation or” shall cease to have | |
effect. | |
Criminal Justice Act 1991 (c. 53) | |
35 Section 65 of the Criminal Justice Act 1991 (supervision of young offenders | 25 |
after release) shall cease to have effect. | |
Aggravated Vehicle-Taking Act 1992 (c. 11) | |
36 In section 1 of the Aggravated Vehicle-Taking Act 1992 (new offence of | |
aggravated vehicle taking), in subsection (2)(a), for “section 127 of the | |
Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | 30 |
“section 147 of the Criminal Justice Act 2003”. | |
Criminal Justice and Public Order Act 1994 (c. 33) | |
37 In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for | |
defendants charged with or convicted of homicide or rape after previous | |
conviction of such offences), in subsection 3(c)— | 35 |
(a) the words “placing the offender on probation or” are omitted, and | |
(b) for “him” there is substituted “the offender”. | |
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