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Schedule 24 | |
Section 268(5) | |
Transitory, transitional and saving provisions | |
Sentencing of offenders aged 18 but under 21 | |
1 If any provision of Part 12 (“the relevant provision”) is to come into force | |
before the day on which section 61 of the Criminal Justice and Court Services | 5 |
Act 2000 (c. 43) (abolition of sentences of detention in a young offender | |
institution, custody for life, etc.) comes into force (or fully into force) the | |
provision that may be made by order under section 268(1) includes | |
provision modifying the relevant provision with respect to sentences | |
passed, or other things done, at any time before section 61 of that Act comes | 10 |
into force (or fully into force). | |
Sentencing guidelines | |
2 The repeal by this Act of sections 80 to 82 of the Crime and Disorder Act 1998 | |
(c. 37) does not affect the authority of any guidelines with respect to | |
sentencing which have been included in any judgment of the Court of | 15 |
Appeal given before the commencement of that repeal (“existing | |
guidelines”), but any existing guidelines may be superseded by sentencing | |
guidelines published by the Sentencing Guidelines Council under section | |
153 of this Act as definitive guidelines. | |
Drug treatment and testing orders | 20 |
3 A drug treatment and testing order made under section 52 of the Powers of | |
Criminal Courts (Sentencing) Act 2000 (c. 6) before the repeal of that section | |
by this Act is in force (or fully in force) need not include the provision | |
referred to in subsection (6) of section 54 of that Act (periodic review by | |
court) if the treatment and testing period (as defined by section 52(1) of that | 25 |
Act) is less than 12 months. | |
Drug testing as part of supervision of young offenders after release | |
4 (1) Until the coming into force of the repeal by this Act of section 65 of the | |
Criminal Justice Act 1991 (c. 53) (supervision of young offenders after | |
release), that section has effect subject to the following modifications. | 30 |
(2) In subsection (5B)— | |
(a) in paragraph (a), for “18 years” there is substituted “14 years”, | |
(b) for paragraph (b) there is substituted— | |
“(b) a responsible officer is of the opinion— | |
(i) that the offender has a propensity to misuse | 35 |
specified 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 | 40 |
commission by him of further offences; and”. | |
(3) After subsection (5D) there is inserted— | |
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“(5E) A person under the age of 16 years may not be required by virtue of | |
subsection (5A) to provide a sample otherwise than in the presence | |
of an appropriate adult.” | |
(4) For subsection (10) there is substituted— | |
“(10) In this section— | 5 |
“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 | |
representing that authority or organisation, | 10 |
(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 not a police officer or a person employed by | 15 |
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; | 20 |
(b) in relation to an offender aged 18 or over, an officer of | |
a local probation board; | |
“specified Class A drug” has the same meaning as in Part 3 of | |
the Criminal Justice and Court Services Act 2000 (c. 43).” | |
Schedule 25 | 25 |
Section 266 | |
Further minor and consequential amendments | |
Part 1 | |
Bail | |
Bail Act 1976 (c. 63) | |
1 In Part 3 of Schedule 1 to the Bail Act 1976 (interpretation) in paragraph 2— | 30 |
(a) for “2A” there is substituted “9AA”, and | |
(b) at the end there is inserted “or paragraph 5 of Part 2 of this Schedule | |
(as substituted by section 11(5) of the Criminal Justice Act 2003)”. | |
Supreme Court Act 1981 (c. 54) | |
2 (1) Section 81 of the Supreme Court Act 1981 (bail) is amended as follows. | 35 |
(2) In subsection (1)(g) the word “or” at the end of sub-paragraph (ii) is omitted | |
and after that sub-paragraph there is inserted— | |
“(iia) section 17C (intention as to plea: adjournment); or”. | |
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Part 2 | |
Disclosure | |
Prosecution of Offences Act 1985 (c. 23) | |
3 In section 22B of the Prosecution of Offences Act 1985 (re-institution of | |
proceedings stayed under section 22(4) or 22A(5)), in subsection (5)(a) for | 5 |
“section 3, 4, 7 or 9” there is substituted “section 3, 4 or 7A”. | |
Criminal Justice Act 1987 (c. 38) | |
4 In section 9 of the Criminal Justice Act 1987 (c. 38) (preparatory hearings in | |
serious fraud cases etc.), paragraphs (i) and (iii) of subsection (5) are omitted. | |
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16)) | 10 |
5 In Article 8 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order | |
1988 (S.I. 1988/1846 (N.I. 16)) (preparatory hearings in serious fraud cases | |
etc.), sub-paragraphs (i) and (iii) of paragraph 5 are omitted. | |
Criminal Procedure and Investigations Act 1996 (c. 25) | |
6 The Criminal Procedure and Investigations Act 1996 (c. 25) is amended as | 15 |
follows. | |
7 In section 3 (primary disclosure by prosecutor), for the heading there is | |
substituted “Initial duty of prosecutor to disclose”. | |
8 In section 4 (primary disclosure: further provisions), in the heading for | |
“Primary disclosure” there is substituted “Initial duty to disclose”. | 20 |
9 In section 5 (compulsory disclosure by accused), subsections (6) to (9) are | |
omitted. | |
10 In section 6 (voluntary disclosure by accused), subsection (3) is omitted. | |
11 Section 7 (secondary disclosure by prosecutor) shall cease to have effect. | |
12 Section 9 (continuing duty of prosecutor to disclose) shall cease to have | 25 |
effect. | |
13 In section 10 (prosecutor’s failure to observe time limits), in subsection (1), | |
for paragraph (b) there is substituted— | |
“(b) purports to act under section 7A(5) after the end of the period | |
which, by virtue of section 12, is the relevant period for | 30 |
section 7A.” | |
14 In section 12 Act (time limits)— | |
(a) in subsection (1), for “and 7” there is substituted “, 6B, 6C and 7A(5)”; | |
(b) in subsection (5), for “7” there is substituted “7A(5)”. | |
15 In section 13 (time limits: transitional), for subsection (2) there is | 35 |
substituted— | |
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“(2) As regards a case in relation to which no regulations under section | |
12 have come into force for the purposes of section 7A, section 7A(5) | |
shall have effect as if— | |
(a) in paragraph (a) for the words from “during the period” to | |
the end, and | 5 |
(b) in paragraph (b) for “during that period”, | |
there were substituted “as soon as is reasonably practicable after the | |
accused gives the statement in question”. | |
16 In section 14 (public interest: review for summary trials), in subsection (2)(a), | |
for “7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”. | 10 |
17 In section 15 (public interest: review in other cases), in subsection (2)(a), for | |
“7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”. | |
18 In section 16 (applications: opportunity to be heard), in paragraph (a) and in | |
the words after paragraph (c), for “7(5), 8(5), 9(8)” there is substituted “7A(8), | |
8(5)”. | 15 |
19 In section 17 (confidentiality of disclosed information), in subsection (1)(a), | |
for “7, 9” there is substituted “7A”. | |
20 In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5), | |
9(8)” there is substituted “5(5B), 6B(5), 6E(5), 7A(8), 8(2) or (5)”. | |
21 In section 20 (other statutory rules as to disclosure)— | 20 |
(a) subsection (2) is omitted, and | |
(b) in subsection (5)(a), for “sections 3 to 9” there is substituted “sections | |
3 to 8”. | |
22 In section 31 (preparatory hearings in complex cases etc.), paragraphs (a) | |
and (c) of subsection (6) are omitted. | 25 |
23 In Schedule 4 (modifications for Northern Ireland), in paragraph 7, for “3(6), | |
7(5), 8(5) or 9(8)” there is substituted “3(6), 7A(8) or 8(5)”. | |
Sexual Offences (Protected Material) Act 1997 (c. 39) | |
24 In section 9(4) of the Sexual Offences (Protected Material) Act 1997 (which, | |
when in force, will add a subsection (6) to section 1 of the Criminal | 30 |
Procedure and Investigations Act 1996), for “section 3, 7 or 9” there is | |
substituted “section 3 or 7A”). | |
Part 3 | |
Trials on indictment without a jury | |
Supreme Court Act 1981 (c.54) | 35 |
25 (1) Section 76 of the Supreme Court Act 1981 (c. 54) (committal for trial: | |
alteration of place of trial) is amended as follows. | |
(2) In subsection (2A) for “the jury are sworn” there is substituted “the time | |
when the jury are sworn” | |
(3) After subsection (2A) there is inserted— | 40 |
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