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Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) | |
38 (1) In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 | |
(qualifications for standard license), paragraph 3 is amended as follows. | |
(2) In sub-paragraph (2)(a), for “exceeding three months” there is substituted | |
“of 12 months or more or, before the commencement of section 163 of the | 5 |
Criminal Justice Act 2003, a term exceeding 3 months”. | |
(3) In sub-paragraph (2)(c), for “community service order” there is substituted | |
“community order”. | |
(4) For sub-paragraph (3)(b), there is substituted— | |
“(b) “community order” means a community order under section 160 | 10 |
of the Criminal Justice Act 2003, a community punishment order | |
made under section 46 of the Powers of Criminal Courts | |
(Sentencing) Act 2000 or a community service order under the | |
Community Service by Offenders (Scotland) Act 1978.”. | |
Criminal Procedure (Scotland) Act 1995 (c. 46) | 15 |
39 The Criminal Procedure (Scotland) Act 1995 is amended as follows. | |
40 In section 242 (community service orders: persons residing in England and | |
Wales)— | |
(a) in subsection (1)— | |
(i) in paragraph (a)(ii), for “community punishment order” | 20 |
there is substituted “under an unpaid work requirement | |
imposed by a community order (within the meaning of Part | |
12 of the Criminal Justice Act 2003)”, and | |
(ii) in paragraph (a)(iii), for “community punishment orders | |
made under section 46 of the Powers of Criminal Courts | 25 |
(Sentencing) Act 2000” there is substituted “unpaid work | |
requirements imposed by community orders made under | |
section 160 of the Criminal Justice Act 2003”, | |
(b) in subsection (2)(b), for “community punishment orders made under | |
section 46 of the Powers of Criminal Courts (Sentencing) Act 2000” | 30 |
there is substituted “unpaid work requirements imposed by | |
community orders made under section 160 of the Criminal Justice | |
Act 2003”, and | |
(c) in subsection (3)(b), for “the Powers of Criminal Courts (Sentencing) | |
Act 2000” there is substituted “Part 12 of the Criminal Justice Act | 35 |
2003”. | |
41 In section 244 (community service orders provisions relating to persons | |
living in England and Wales or Northern Ireland)— | |
(a) in subsection (3)(a)— | |
(i) for “community punishment order” there is substituted | 40 |
“community order (within the meaning of Part 12 of the | |
Criminal Justice Act 2003)”, and | |
(ii) for “community punishment orders” there is substituted | |
“such community orders”, | |
(b) in subsection (4)(a), for “community punishment orders” there is | 45 |
substituted “community orders (within the meaning of Part 12 of the | |
Criminal Justice Act 2003)”, | |
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(c) in subsection (5), for “community punishment order” there is | |
substituted “a community order (within the meaning of Part 12 of the | |
Criminal Justice Act 2003)”, and | |
(d) in subsection (6)— | |
(i) for “community punishment orders”, where first occurring, | 5 |
there is substituted “community orders (within the meaning | |
of Part 12 of the Criminal Justice Act 2003)”, and | |
(ii) in paragraph (b)(ii), for “the Powers of Criminal Courts | |
(Sentencing) Act 2000” there is substituted “Part 12 of the | |
Criminal Justice Act 2003”. | 10 |
Education Act 1996 (c. 56) | |
42 In section 562 of the Education Act 1996 (Act not to apply to persons | |
detained under order of a court), for “probation order” there is substituted | |
“community order under section 160 the Criminal Justice Act 2003 or a | |
youth community order as defined by section 130(2) of that Act”. | 15 |
Sex Offenders Act 1997 (c. 51) | |
43 In section 6(1) of the Sex Offenders Act 1997, in paragraph (a) of the | |
definition of “community order”, after “2000” there is inserted “(as that Act | |
had effect before the passing of the Criminal Justice Act 2003)”. | |
Crime and Disorder Act 1998 (c. 37) | 20 |
44 The Crime and Disorder Act 1998 is amended as follows. | |
45 In section 18 (interpretation etc. of Chapter 1)— | |
(a) after the definition of “responsible officer” in subsection (1) there is | |
inserted— | |
“serious harm” shall be construed in accordance with section | 25 |
204 of the Criminal Justice Act 2003;” | |
(b) subsection (2) is omitted. | |
46 In section 38 (local provision of youth justice services), in subsection (4)(g), | |
for “probation order, a community service order or a combination order” | |
there is substituted “community order under section 160 of the Criminal | 30 |
Justice Act 2003”. | |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | |
47 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. | |
48 In section 12 (absolute and conditional discharge), subsection (4) (duty to | |
explain effect of order for conditional discharge) is omitted. | 35 |
49 In the heading to Part 4, and the heading to Chapter 1 of that Part, for | |
“COMMUNITY ORDERS” there is substituted “YOUTH COMMUNITY | |
ORDERS”. | |
50 For section 33 there is substituted— | |
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“33 Meaning of “youth community order” and “community sentence” | |
(1) In this Act “youth community order” means any of the following | |
orders— | |
(a) a curfew order; | |
(b) an exclusion order; | 5 |
(c) an attendance centre order; | |
(d) a supervision order; | |
(e) an action plan order. | |
(2) In this Act “community sentence” means a sentence which consists | |
of or includes— | 10 |
(a) a community order under section 160 of the Criminal Justice | |
Act 2003, or | |
(b) one or more youth community orders.” | |
51 (1) Section 36B (electronic monitoring of requirements in community orders) is | |
amended as follows. | 15 |
(2) In the heading for “community orders” there is substituted “youth | |
community orders”, and | |
(3) In subsection (1)— | |
(a) for “to (4)” there is substituted “and (3)”, and | |
(b) for “community order” there is substituted “youth community | 20 |
order”. | |
(4) In subsection (2) and (6)(a), for “community order” there is substituted | |
“youth community order”. | |
52 (1) Section 37 (curfew orders) is amended as follows. | |
(2) In subsection (1)— | 25 |
(a) after the word “person” there is inserted “aged under 16”, and | |
(b) for “sections 34 to 36 above” there is substituted “sections 131, 133 | |
and 140 of the Criminal Justice Act 2003”. | |
(3) In subsection (3)(a), for “six” there is substituted “three”. | |
(4) In subsection (5), for “community order” there is substituted “youth | 30 |
community order”. | |
(5) Subsection (10) is omitted. | |
53 In section 39 (breach, revocation and amendment of curfew orders), for | |
“community orders” there is substituted “youth community orders”. | |
54 In section 40 (curfew orders: supplementary), in subsection (3), for | 35 |
“paragraphs 2A(4) and (5) and” there is substituted “paragraph”. | |
55 (1) Section 40A (exclusion orders) is amended as follows. | |
(2) In subsection (1)— | |
(a) after “person” there is inserted “aged under 16”, | |
(b) for “sections 34 to 36 above” there is substituted “sections 131, 133 | 40 |
and 140 of the Criminal Justice Act 2003”, and | |
(c) for “two years” there is substituted “three months”. | |
(3) In subsection (5), for “community order” there is substituted “youth | |
community order”. | |
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(4) Subsection (10) is omitted. | |
56 In section 40B (breach, revocation and amendment of exclusion orders), for | |
“community orders” there is substituted “youth community orders”. | |
57 (1) Section 60 (attendance centre orders) is amended as follows. | |
(2) In subsection (1)— | 5 |
(a) in paragraph (a), for “sections 34 to 36 above” there is substituted | |
“sections 131, 133 and 140 of the Criminal Justice Act 2003” and for | |
“21” there is substituted “16”, and | |
(b) in paragraph (b), for “21” there is substituted “16”, and | |
(c) paragraph (c) and the word “or” immediately preceding it are | 10 |
omitted. | |
(3) In subsection (4), for paragraphs (a) and (b) there is substituted “shall not | |
exceed 24”. | |
(4) In subsection (7), for “community order” there is substituted “youth | |
community order”. | 15 |
58 In section 63 (supervision orders), in subsection (1), for “sections 34 to 36 | |
above” there is substituted “sections 131, 133 and 140 of the Criminal Justice | |
Act 2003”. | |
59 (1) Section 69 (action plan orders) is amended as follows. | |
(2) In subsection (1), for “sections 34 to 36 above” there is substituted “sections | 20 |
131, 133 and 140 of the Criminal Justice Act 2003”, and | |
(3) In subsection (5)(b), for “a community rehabilitation order, a community | |
punishment order, a community punishment and rehabilitation order,” | |
there is substituted “a community order under section 160 of the Criminal | |
Justice Act 2003”. | 25 |
(4) Subsection (11) is omitted. | |
60 In section 70 (requirements which may be included in action plan orders and | |
directions), in subsection (5)(a), after the word “other” there is inserted | |
“youth community order or any”. | |
61 (1) Section 73 (reparation orders) is amended as follows. | 30 |
(2) In subsection (4)(b), for “a community punishment order, a community | |
punishment and rehabilitation order,” there is substituted “a community | |
order under section 160 of the Criminal Justice Act 2003”. | |
(3) Subsection (7) is omitted. | |
62 In section 74 (requirements and provisions of reparation order, and | 35 |
obligations of person subject to it), in subsection (3)(a), after “community | |
order” there is inserted “or any youth community order”. | |
63 (1) Section 91 (offenders under 18 convicted of certain serious offences) is | |
amended as follows. | |
(2) In subsection (3), for “none of the other methods in which the case may | 40 |
legally be dealt with” there is substituted “neither a community sentence nor | |
a detention and training order”. | |
(3) In subsection (4), for “section 79 and 80 above” there is substituted “section | |
135 and 136 of the Criminal Justice Act 2003”. | |
64 (1) Section 100 (detention and training orders) is amended as follows. | 45 |
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(2) In subsection (1)— | |
(a) for the words from the beginning to “subsection (2)” there is | |
substituted “Subject to sections 90 and 91 above, sections 206 and | |
j714a of the Criminal Justice Act 2003, and subsection (2)”, and | |
(b) for paragraph (b) there is substituted— | 5 |
“(b) that subsection (2) of section 135 of the Criminal | |
Justice Act 2003 applies or the case falls within | |
subsection (3) of that section,”. | |
(3) Subsection (4) is omitted. | |
65 In section 110 (required custodial sentence for third class A drug trafficking | 10 |
offence), subsection (3) is omitted. | |
66 In section 111 (minimum of three years for third domestic burglary) | |
subsection (3) is omitted. | |
67 In section 136 (power to order statement as to financial circumstances of | |
parent or guardian) in subsection (2), for “section 126 above” there is | 15 |
substituted “section 146 of the Criminal Justice Act 2003”. | |
68 (1) Section 138 (fixing of fine or compensation to be paid by parent or guardian) | |
is amended as follows. | |
(2) In subsection (1)(a), for “section 128 above” there is substituted “section 148 | |
of the Criminal Justice Act 2003”. | 20 |
(3) In subsection (2), for “sections 128(1) (duty to inquire into financial | |
circumstances) and” there is substituted “section 148(1) of the Criminal | |
Justice Act 2003 and section”. | |
(4) In subsection (4)— | |
(a) for “section 129 above” there is substituted “section 149 of the | 25 |
Criminal Justice Act 2003”, | |
(b) for “section 129(1)” there is substituted “section 149(1)”, and | |
(c) for “section 129(2)” there is substituted “section 149(2)”. | |
69 (1) Section 163 (interpretation) is amended as follows. | |
(2) In the definition of “attendance centre” for “section 62(2) above” there is | 30 |
substituted “section 201(2) of the Criminal Justice Act 2003”. | |
(3) In the definition of “community order”, for “section 33(1) above” there is | |
substituted “section 160(1) of the Criminal Justice Act 2003”. | |
(4) In the definition of “operational period”, for “section 118(3) above” there is | |
substituted “section 170(1)(b)(ii) of the Criminal Justice Act 2003”. | 35 |
(5) In the definition of “pre-sentence report”, for “section 162 above” there is | |
substituted “section 142 of the Criminal Justice Act 2003”. | |
(6) In the definition of “suspended sentence”, for “section 118(3) above” there is | |
substituted “section 170(7) of the Criminal Justice Act 2003”. | |
(7) At the end there is inserted— | 40 |
““youth community order” has the meaning given by section 33(1) | |
above.”. | |
70 (1) Schedule 3 (breach, revocation and amendment of certain community | |
orders) is amended as follows. | |
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(2) For the heading to the Schedule there is substituted “Breach, revocation and | |
amendment of curfew orders and exclusion orders”. | |
(3) In paragraph 1(2), for paragraph (b) there is substituted— | |
“(b) in relation to an exclusion order, the petty sessions area for | |
the time being specified in the order.”. | 5 |
(4) In paragraph 2(1), for the words from the beginning to “order” there is | |
substituted “Where a curfew order or an exclusion order”. | |
(5) In paragraph 3(2)(c), for “neither a drug treatment and testing order a drug | |
abstinence order nor” there is substituted “not”. | |
(6) In paragraph 4— | 10 |
(a) in sub-paragraph (1C), for “him”, where first occurring, there is | |
substituted “the offender”, | |
(b) in paragraph (d), for the words from “the court could deal” onwards | |
there is substituted “he could have been dealt with for that offence by | |
the court which made the order if the order had not been made”, and | 15 |
(c) in sub-paragraph (2)(b), for “79(2) of this Act” there is substituted | |
“135(2) of the Criminal Justice Act 2003”. | |
(7) In paragraph 5— | |
(a) in sub-paragraph (1C)— | |
(i) for “him”, where first occurring, there is substituted “the | 20 |
offender”, and | |
(ii) in paragraph (d), for the words from “Crown Court” | |
onwards, there is substituted “he could have been dealt with | |
for that offence by the court which made the order if the order | |
had not been made”, and | 25 |
(b) in sub-paragraph (2)(b), for “79(2) of this Act” there is substituted | |
“135(2) of the Criminal Justice Act 2003”. | |
(8) For paragraph 6A there is substituted— | |
“Curfew orders imposed for breach of relevant order | |
6A (1) Section 37 of this Act (curfew orders) shall apply for the purposes | 30 |
of paragraphs 4(1C)(a) and 5(1C)(a) above as if for the words from | |
the beginning to “make” there were substituted “Where a court | |
has power to deal with an offender under Part 2 of Schedule 3 to | |
this Act for failure to comply with any of the requirements of a | |
relevant order, the court may make in respect of the offender”. | 35 |
(2) The following provisions of this Act, namely— | |
(a) section 37(3) to (12), and | |
(b) so far as applicable, sections 36B and 40 and this Schedule | |
so far as relating to curfew orders | |
have effect in relation to a curfew order made by virtue of | 40 |
paragraphs 4(1C)(a) or 5(1C)(a) as they have effect in relation to | |
any other curfew order, subject to sub-paragraph (3) below. | |
(3) This Schedule shall have effect in relation to such a curfew order | |
as if— | |
(a) the power conferred on the court by each of paragraphs | 45 |
4(1C)(d), 5(1C)(d) and 10(3)(b) to deal with the offender for | |
the offence in respect of which the order was made were a | |
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(a) power to deal with the offender, for his failure to comply | |
with the relevant order, in any way in which the | |
appropriate court could deal with him for that failure if it | |
had just been proved to the satisfaction of the court; | |
(b) the reference in paragraph 10(1)(b) to the offence in respect | 5 |
of which the order was made were a reference to the failure | |
to comply in respect of which the curfew order was made; | |
and | |
(c) the power conferred on the Crown Court by paragraph | |
11(2)(b) to deal with the offender for the offence in respect | 10 |
of which the order was made were a power to deal with the | |
offender, for his failure to comply with the relevant order, | |
in any way in which the appropriate court (if the relevant | |
order was made by the magistrates’ court) or the Crown | |
Court (if that order was made by the Crown Court) could | 15 |
deal with him for that failure if it had just been proved to | |
its satisfaction. | |
(4) For the purposes of the provisions mentioned in paragraphs (a) | |
and (c) of sub-paragraph (3) above, as applied by that sub- | |
paragraph, if the relevant order is no longer in force the | 20 |
appropriate court’s powers shall be determined on the | |
assumption that it is still in force.” | |
(9) In paragraph 8(3), for “Sections 35 and 36 of this Act” there is substituted | |
“Sections 131 and 140 of the Criminal Justice Act 2003”. | |
(10) In paragraph 10— | 25 |
(a) in sub-paragraph (2), for paragraphs (a) and (b) there is substituted | |
“a magistrates’ court acting for the petty sessions area concerned”, | |
and | |
(b) in sub-paragraph (3)(b)(ii), for the words from “it could deal” | |
onwards, there is substituted “he could have been dealt with for that | 30 |
offence by the court which made the order if the order had not been | |
made”. | |
(11) In paragraph 11(2)(b)(ii), for the words from “the court which made”, where | |
first occurring, onwards there is substituted “he could have been dealt with | |
for that offence by the court which made the order if the order had not been | 35 |
made”. | |
(12) In paragraph 13(2), for paragraphs (a) and (b) there is substituted “a | |
magistrates’ court not acting for the petty sessions area concerned”. | |
(13) For paragraph 19 and the heading immediately preceding it there is | |
substituted— | 40 |
“Amendment of requirements of curfew order or exclusion order | |
19 (1) Without prejudice to the provisions of paragraph 18 above but | |
subject to the following provisions of this paragraph, a | |
magistrates’ court acting for the petty sessions area concerned | |
may, on the application of an eligible person, by order amend a | 45 |
curfew order or an exclusion order— | |
(a) by cancelling any of the requirements of the order; or | |
(b) by inserting in the order (either in addition to or in | |
substitution for any of its requirements) any requirement | |
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