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(b) which the court could include if it were then making the | |
order. | |
(2) A magistrates’ court shall not under sub-paragraph (1) above | |
amend a curfew order by extending the curfew periods beyond | |
the end of three months from the date of the original order. | 5 |
(3) 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 three months from the date of the original order. | |
(4) For the purposes of this paragraph the eligible persons are— | 10 |
(a) the offender; | |
(b) the responsible officer; | |
(c) in relation to an exclusion order, any affected person. | |
But an application under sub-paragraph (1) by a person such as is | |
mentioned in paragraph (c) above must be for the cancellation of | 15 |
a requirement which was included in the order by virtue of his | |
consent or for the purpose (or partly for the purpose) of protecting | |
him from being approached by the offender, or for the insertion of | |
a requirement which will, if inserted, be such a requirement.” | |
71 In Schedule 5 (breach, revocation and amendment of attendance centre | 20 |
orders)— | |
(a) in paragraph 1(1)(b), for “section 62(3) of this Act” there is | |
substituted “section 230(c) or (d) of the Criminal Justice Act 2003”. | |
(b) in paragraph 2(5)(b), for “section 79(2) of this Act” there is | |
substituted “section 135(2) of the Criminal Justice Act 2003”, and | 25 |
(c) in paragraph 3(3)(b), for “section 79(2) of this Act” there is | |
substituted “section 135(2) of the Criminal Justice Act 2003”. | |
72 In Schedule 6 (requirements which may be included in supervision | |
orders)— | |
(a) in paragraph 2(7)(a), after the word “other” there is inserted “youth | 30 |
community order or any”, and | |
(b) in paragraph 3(6)(a), for “community order” there is substituted | |
“youth community order”. | |
73 In Schedule 7 (breach, revocation and amendment of supervision orders)— | |
(a) in paragraph 3— | 35 |
(i) in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there is | |
substituted “sub-paragraph (5)”, | |
(ii) in sub-paragraph (3), for “Sections 35 and 36 of this Act” there | |
is substituted “Sections 131 and 140 of the Criminal Justice | |
Act 2003”, and | 40 |
(iii) sub-paragraph (4) is omitted, and | |
(b) in paragraph 4(3), for “Sections 35 and 36 of this Act” there is | |
substituted “Sections 131 and 140 of the Criminal Justice Act 2003”. | |
74 In Schedule 8 (breach, revocation and amendment of action plan orders and | |
reparation orders)— | 45 |
(a) in paragraph 3— | |
(i) in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there is | |
substituted “sub-paragraph (5)”, | |
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(ii) in sub-paragraph (3), for “Sections 35 and 36 of this Act” there | |
is substituted “Sections 131 and 140 of the Criminal Justice | |
Act 2003”, and | |
(iii) sub-paragraph (4) is omitted, and | |
(b) in paragraph 4(3), for “Sections 35 and 36 of this Act” there is | 5 |
substituted “Sections 131 and 140 of the Criminal Justice Act 2003” | |
Criminal Justice and Court Services Act 2000 (c. 43) | |
75 In section 70 of the Criminal Justice and Court Services Act 2000 (general | |
interpretation), in subsection (3), for the words “any community order” | |
there is substituted “a curfew order, an exclusion order, a community | 10 |
rehabilitation order, a community punishment order, a community | |
punishment and rehabilitation order, a drug treatment and testing order, a | |
drug abstinence order, an attendance centre order, a supervision order or an | |
action plan order”. | |
International Criminal Court Act 2001 (c. 17) | 15 |
76 (1) Schedule 7 to the International Criminal Court Act 2001 (domestic | |
provisions not applicable to ICC prisoners), is amended as follows. | |
(2) In paragraph 2(1), for paragraph (d) there is substituted— | |
(a) section 220 of the Criminal Justice Act 2003 (crediting of | |
periods of remand in custody).” | 20 |
(3) In paragraph 3(1), for “Part 2 of the Criminal Justice Act 1991” there is | |
substituted “sections 224 to 238 of the Criminal Justice Act 2003”. | |
Proceeds of Crime Act 2002 (c. 29) | |
77 In section 38 of the Proceeds of Crime Act 2002 (provisions about | |
imprisonment or detention), in subsection (4)(a), for “section 118(1) of the | 25 |
Sentencing Act” there is substituted “section 170(1) of the Criminal Justice | |
Act 2003”. | |
Part 2 | |
Offences: abolition of imprisonment and conversion to summary offence | |
Vagrancy Act 1824 (c. 83) | 30 |
78 In section 4 of the Vagrancy Act 1824, after “Criminal Justice Act 1982”, there | |
is inserted “and paragraph 1 of Schedule 18 and paragraph 80 of Schedule 21 | |
to the Criminal Justice Act 2003”. | |
79 In section 5 of the Vagrancy Act 1824, after “Criminal Justice Act 1982”, there | |
is inserted “and paragraph 81 of Schedule 21 to the Criminal Justice Act | 35 |
2003”. | |
80 Where a person is convicted of any of the offences mentioned in paragraph | |
1 of Schedule 18, the court shall have the same power to fine him as if that | |
paragraph had not been enacted. | |
81 If a person deemed a rogue and vagabond by virtue of section 4 of the | 40 |
Vagrancy Act 1824 is thereafter guilty of an offence mentioned in paragraph | |
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81 1 of Schedule 18, he shall be convicted of that offence under section 4 of that | |
Act and accordingly— | |
(a) shall not be deemed an incorrigible rogue, and | |
(b) shall not be committed to the Crown Court, | |
by reason only of that conviction. | 5 |
London Hackney Carriages Act 1843 (c. 86) | |
82 In section 28 of the London Hackney Carriages Act 1843, after “for every | |
such offence”, there is inserted “of which he is convicted before the justice”. | |
Town Police Clauses Act 1847 (c. 89) | |
83 In section 26 of the Town Police Clauses Act 1847, for the words from | 10 |
“committed by them” to the end, there is substituted “liable to a fine not | |
exceeding level 3 on the standard scale”. | |
84 In section 28 of that Act, after “for each offence”, there is inserted “of which | |
he is convicted before the justice”. | |
85 In section 29 of that Act, after “for every such offence”, there is inserted “of | 15 |
which he is convicted before the justice”. | |
86 In section 36 of that Act, after “liable”, there is inserted “on conviction before | |
the justices”. | |
Seamen’s and Soldiers’ False Characters Act 1906 (c. 5) | |
87 In section 1 of the Seamen’s and Soldiers’ False Characters Act 1906, for | 20 |
“imprisonment for a term not exceeding three months” there is substituted | |
“a fine not exceeding level 2 on the standard scale”. | |
Aliens Restriction (Amendment) Act 1919 (c. 92) | |
88 In section 3(2) of the Aliens Restriction (Amendment) Act 1919, for | |
“imprisonment for a term not exceeding three months” there is substituted | 25 |
“a fine not exceeding level 3 on the standard scale”. | |
Polish Resettlement Act 1947 (c.19) | |
89 In the Schedule to the Polish Resettlement Act 1947, in paragraph 7, for | |
“imprisonment for a term not exceeding three months” there is substituted | |
“a fine not exceeding level 1 on the standard scale”. | 30 |
Slaughterhouses Act 1974 (c. 3) | |
90 In section 4 of the Slaughterhouses Act 1974, after subsection (5) there is | |
inserted— | |
“(5A) A person guilty of an offence under subsection (5) above shall be | |
liable to a fine not exceeding level 3 on the standard scale.” | 35 |
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Water Industry Act 1991 (c. 56) | |
91 In Schedule 6 to the Water Industry Act 1991, in paragraph 5(4), for | |
paragraphs (a) and (b) there is substituted “, on summary conviction, to a | |
fine not exceeding level 5 on the standard scale”. | |
Water Resources Act 1991 (c.57) | 5 |
92 In section 205(6) of the Water Resources Act 1991, for paragraphs (a) and (b) | |
there is substituted “on summary conviction to a fine not exceeding level 5 | |
on the standard scale”. | |
Transport Act 2000 (c. 38) | |
93 In section 82(4) of the Transport Act 2000, after “subsection (1)” there is | 10 |
inserted “or (2)”. | |
Schedule 22 | |
Section 258 | |
Jury service | |
1 The Juries Act 1974 (c. 23) is amended as follows. | |
2 For section 1 (qualification for jury service) there is substituted— | 15 |
“1 Qualification for jury service | |
(1) Subject to the provisions of this Act, every person shall be qualified | |
to serve as a juror in the Crown Court, the High Court and county | |
courts and be liable accordingly to attend for jury service when | |
summoned under this Act if— | 20 |
(a) he is for the time being registered as a parliamentary or local | |
government elector and is not less than eighteen nor more | |
than seventy years of age; | |
(b) he has been ordinarily resident in the United Kingdom, the | |
Channel Islands or the Isle of Man for any period of at least | 25 |
five years since attaining the age of thirteen; | |
(c) he is not a mentally disordered person; and | |
(d) he is not disqualified for jury service. | |
(2) In subsection (1) above “mentally disordered person” means any | |
person listed in Part 1 of Schedule 1 to this Act. | 30 |
(3) The persons who are disqualified for jury service are those listed in | |
Part 2 of that Schedule.” | |
3 Section 9(1) (certain persons entitled to be excused from jury service) shall | |
cease to have effect. | |
4 In section 9(2) (discretionary excusal) after “may” there is inserted “, subject | 35 |
to section 9A(1A) of this Act,”. | |
5 After section 9(2) (discretionary excusal) there is inserted— | |
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