Criminal Justice Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Schedule 26 — Repeals
Part 6 — Sentencing: general
    284

Short title and chapter
Extent of repeal

Powers of Criminal Courts
In section 163, in the definition of “affected

(Sentencing) Act 2000 (c. 6)—
person”, paragraphs (b) and (c), the

cont.
definitions of “the appropriate officer of the

court”, “community punishment and

5

rehabilitation order”, “community

rehabilitation order”, “community

rehabilitation period”, “community

punishment order”, in the definition of

“curfew order”, the words “section 59 above”

10

and “section 59 or”, the definitions of “drug

abstinence order”, “drug treatment and

testing order”, “falling to be imposed under

section 109(2), 110(2) or 11(2)”, in the

definition of “responsible officer”, paragraphs

15

(b) to (ee) and the words from “except that” to

“that section;”, the definitions of “review

hearing”, “specified Class A drug”,

“suspended sentence supervision order”, “the

testing requirement”, “the treatment

20

provider”, “the treatment requirement”, “the

treatment and testing period” and “trigger

offence”.

Section 164(3).

Schedule 2.

25

In Schedule 3—

     (a)    in paragraph 1, sub-paragraphs (1)(b) to

(f), (1A), (3) and (4).

     (b)    paragraph 2(2),

     (c)    paragraph 2A,

30

     (d)    in paragraph 3(2), paragraph (a) and in

paragraph (b) the word “other”.

     (e)    in paragraph 4, sub-paragraphs (1A) and

(1B), in sub-paragraph (1C) the words from

the beginning to “that sub-paragraph”,

35

paragraph (b) and in paragraph (c) the words

“where the offender is aged under 21,”, in

sub-paragraph (4) the word “,(b)” and in sub-

paragraph (6) the words “(1A) or”,

     (f)    in paragraph 5, sub-paragraphs (1A) and

40

(1B), in sub-paragraph (1C) the words from

the beginning to “that sub-paragraph”,

paragraph (b) and in paragraph (c) the words

“where the offender is aged under 21,” and in

sub-paragraph (3) the words “(1A) or”,

45

     (g)    paragraph 6(2) and (3),

     (h)    paragraph 7,

Criminal Justice Bill
Schedule 26 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    285

Short title and chapter
Extent of repeal

Powers of Criminal Courts
     (i)    in paragraph 9, in sub-paragraph (1) “,

(Sentencing) Act 2000 (c. 6)—
(b)” in each place where it occurs and sub-

cont.—cont.
paragraph (3).

     (j)    paragraph 10(4),

5

     (k)    paragraph 11(3),

     (l)    paragraph 12,

     (m)    paragraph 16,

     (n)    in paragraph 18, in sub-paragraph (1)

the words “(other than a drug treatment and

10

testing order)”, in sub-paragraph (2) the

words “to (5)”, in sub-paragraph (3) the

words “community rehabilitation or” and

sub-paragraphs (4) to (7),

     (o)    paragraphs 20 to 22,

15

     (p)    in paragraph 23 the words from “or 22”

to “paragraph 21 above,”,

     (q)    in paragraph 25(1), the words “other

than a drug treatment and testing order”, and

     (r)    paragraph 26.

20

Schedule 4.

In Schedule 7, paragraph 3(4).

In Schedule 8, paragraph 3(4).

Criminal Justice and Court
Section 48.

Services Act 2000 (c. 43)
Section 63.

25

Section 64(5)(e).

Sections 67 and 68.

In section 78(1), the definition of “community

order”.

Part 7
30
Abolition of imprisonment for certain summary offences

Short title and chapter
Extent of repeal

Railway Regulation Act 1840
In section 16, the words “be imprisoned for a

(c. 97)
term not exceeding one month or”.

London Hackney Carriages Act
In section 28, the words from “; or it shall be

35

1843 (c. 86)
lawful” to the end.

Town Police Clauses Act 1847
In section 28(1) (formed by paragraph 3 of

(c. 89)
Schedule 19), the words—

     (a)    from “, or, in the discretion” to “fourteen

days”, and

40

     (b)    “Every person who wilfully and

indecently exposes his person:”.

In section 29, the words from “, or, in the

discretion” to the end.

Criminal Justice Bill
Schedule 26 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    286

Short title and chapter
Extent of repeal

Town Police Clauses Act 1847
In section 36, the words from “, or, in the

(c. 89)—cont.
discretion” to “one month”.

Ecclesiastical Courts
In section 2, the words from “, or may, if the

Jurisdiction Act 1860 (c. 32)
justices” to the end.

5

Town Gardens Protection Act
In section 5, the words “, or to imprisonment for

1863 (c. 13)
any period not exceeding fourteen days”.

Public Stores Act 1875 (c. 25)
In section 8, the words from “, or, in the

discretion” to the end.

Regulation of Railways Act
In section 5(3), the words from “, or in the

10

1889 (c. 57)
discretion” to the end.

Children and Young Persons
In section 4(1), the words from “, or

Act 1933 (c. 12)
alternatively” to the end.

Protection of Animals Act 1934
In section 2, the words from “, or, alternatively”

(c. 21)
to the end.

15

Hill Farming Act 1946 (c. 73)
In section 19—

     (a)    in subsection (2), the words from “, or to

imprisonment” to the end, and

     (b)    in subsection (3), the words from “or to

imprisonment” to the end.

20

Agriculture Act 1947 (c. 48)
In section 14(7) (as remaining in force for the

purposes of section 95), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both such imprisonment and such

25

fine”.

In section 95(3), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)     “or to both such imprisonment and such

30

fine”.

Agricultural Wages Act 1948
In section 12(7), the words from “or to

(c. 47)
imprisonment” to the end.

Wireless Telegraphy Act 1949
In section 14(1B), the words—

(c. 54)
     (a)    “to imprisonment for a term not

35

exceeding three months or”, and

     (b)     “, or both”.

Prevention of Damage by Pests
In section 22(5), the words from “or to

Act 1949 (c. 55)
imprisonment” to the end.

Pet Animals Act 1951 (c. 35)
In section 5—

40

     (a)    in subsection (1), the words “other than

the last foregoing section” and the words

from “or to imprisonment” to the end, and

     (b)    subsection (2).

Criminal Justice Bill
Schedule 26 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    287

Short title and chapter
Extent of repeal

Cockfighting Act 1952 (c. 59)
In section 1(1), the words—

     (a)     “to imprisonment for a term not

exceeding three months, or”, and

     (b)     “, or to both such imprisonment and

5

such fine”.

Agricultural Land (Removal of
In section 2(1)—

Surface Soil) Act 1953 (c. 10)
     (a)    paragraph (a) of the proviso,

     (b)    the word “; or” immediately preceding

paragraph (b) of the proviso, and

10

     (c)    the words “or to both”.

Accommodation Agencies Act
In section 1(5), the words from “or to

1953 (c. 23)
imprisonment” to the end.

Army Act 1955 (3 & 4 Eliz. 2
In section 19(1), the words “to imprisonment for

c. 18)
a term not exceeding three months or”.

15

In section 161, the words from “, or to

imprisonment” to the end.

In section 171(1), the words from “, or to

imprisonment” to the end.

In section 191, the words from “or to

20

imprisonment” to the end.

In section 193, the words from “or to

imprisonment” to the end.

In section 196(3), the words from “or to

imprisonment” to the end.

25

In section 197(3), the words from “or to

imprisonment” to the end.

Air Force Act 1955 (3 & 4 Eliz. 2
In section 19(1), the words “to imprisonment for

c. 19)
a term not exceeding three months or”.

In section 161, the words from “, or to

30

imprisonment” to the end.

In section 171(1), the words from “, or to

imprisonment” to the end.

In section 191, the words from “or to

imprisonment” to the end.

35

In sections 193, the words from “or to

imprisonment” to the end.

In section 196(3), the words from “or to

imprisonment” to the end.

In section 197(3), the words from “or to

40

imprisonment” to the end.

Naval Discipline Act 1957
In section 96, the words from “or to

(c. 53)
imprisonment” to the end.

In section 99(3), the words from “or to

imprisonment” to the end.

45

Agricultural Marketing Act
In section 45(6), the words—

1958 (c. 47)
     (a)    “to imprisonment for a term not

exceeding one month, or”, and

     (b)    “, or to both such imprisonment and

such fine”.

50

Criminal Justice Bill
Schedule 26 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    288

Short title and chapter
Extent of repeal

Betting, Gaming and Lotteries
In section 8(1), the words—

Act 1963 (c. 2)
     (a)     “or to imprisonment for a term not

exceeding three months, or to both”, and

     (b)    “in any case”.

5

Children and Young Persons
In section 40—

Act 1963 (c. 37)
     (a)    in subsection (1), the words from “or

imprisonment” to the end, and

     (b)    in subsection (2), the words from “or

imprisonment” to the end.

10

Animal Boarding
In section 3—

Establishments Act 1963
     (a)    in subsection (1), the words “other than

(c. 43)
the last foregoing section” and the words

from “or to imprisonment” to the end, and

     (b)    subsection (2).

15

Agriculture and Horticulture
In section 20(2), the words from “or to

Act 1964 (c. 28)
imprisonment” to the end.

Emergency Laws (Re-
In Schedule 1—

enactments and Repeals) Act
     (a)    in paragraph 1(3), the words “to

1964 (c. 60)
imprisonment for a term not exceeding three

20

months or” and “, or to both”, and

     (b)    in paragraph 2(4), the words “to

imprisonment for a term not exceeding three

months or” and “, or to both”.

Riding Establishments Act 1964
In section 4(1), the words from “or to

25

(c. 70)
imprisonment” to the end.

Cereals Marketing Act 1965
In section 17(1), the words from “or to

(c. 14)
imprisonment” to the end.

Gas Act 1965 (c. 36)
In Schedule 6, in paragraph 9, the words from

“or to imprisonment” to the end.

30

Armed Forces Act 1966 (c. 45)
In section 8, the words “to imprisonment for a

term not exceeding three months or”.

Agriculture Act 1967 (c. 22)
In section 6(9), the words from “or to

imprisonment” to the end.

In section 14(2), the words from “or to

35

imprisonment” to the end.

Sea Fisheries (Shellfish) Act
In section 14(2), the words from “or to

1967 (c. 83)
imprisonment” to the end.

Theatres Act 1968 (c. 54)
In section 13(3), the words from “or to

imprisonment” to the end.

40

Theft Act 1968 (c. 60)
In Schedule 1, in paragraph 2(1), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

Agriculture Act 1970 (c. 40)
In section 106(8), the words from “or

45

imprisonment” to the end.

Criminal Justice Bill
Schedule 26 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    289

Short title and chapter
Extent of repeal

Breeding of Dogs Act 1973
In section 3(1)—

(c. 60)
     (a)    paragraph (a),

     (b)    the word “; or” immediately preceding

paragraph (b), and

5

     (c)    the words “or to both”.

Slaughterhouses Act 1974 (c. 3)
In section 38(5), the words “or imprisonment for

a term of three months or both”.

National Health Service Act
In Schedule 11—

1977 (c. 49)
     (a)    in paragraph 8(3), the words “to

10

imprisonment for a term not exceeding three

months or” and “, or to both”, and

     (b)    in paragraph 9(4), the words “to

imprisonment for a term not exceeding three

months or” and “, or to both”.

15

Animal Health Act 1981 (c. 22)
In paragraph 6 of Schedule 1, the words—

     (a)    “or to imprisonment for a term not

exceeding 2 months,”, and

     (b)    “in either case”.

Fisheries Act 1981 (c. 29)
In section 5(4), the words from “or to

20

imprisonment” to the end.

British Nationality Act 1981
In section 46(1), the words—

(c. 61)
     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “, or both”.

25

Civil Aviation Act 1982 (c. 16)
In section 44(10), the words—

     (a)     “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

In section 82(2), the words from “or to

30

imprisonment” to the end.

Mental Health Act 1983 (c. 20)
In section 103(9), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)     “or both”.

35

In section 129(3), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

Building Act 1984 (c. 55)
In section 96(3), the words “or to imprisonment

40

for a term not exceeding three months”.

Surrogacy Arrangements Act
In section 4(1)—

1985 (c. 49)
     (a)    paragraph (a), and

     (b)    in paragraph (b), the words “in the case

of an offence under section 3”.

45

Criminal Justice Bill
Schedule 26 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    290

Short title and chapter
Extent of repeal

Animals (Scientific Procedures)
In section 22(3), the words—

Act 1986 (c. 14)
     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

5

In section 23(2), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

In section 25(3), the words—

10

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

Motor Cycle Noise Act 1987
In the Schedule, in paragraph 1(1), the words

(c. 34)
“to imprisonment for a term not exceeding

15

three months or”.

Human Organ Transplants Act
In section 2(5), the words—

1989 (c. 31)
     (a)    “imprisonment for a term not exceeding

three months or”, and

     (b)    “or both”.

20

Environmental Protection Act
In section 118(7), the words from “or to

1990 (c. 43)
imprisonment” to the end.

Deer Act 1991 (c. 54)
In section 10(3), the words from “or to

imprisonment” to the end.

Water Industry Act 1991 (c. 56)
In section 206(9), the words—

25

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)     “or to both”.

In Schedule 6, in paragraph 5(5), the words—

     (a)    “to imprisonment for a term not

30

exceeding three months or”, and

     (b)    “or to both”.

Social Security Administration
In section 112(2), the words from “, or to

Act 1992 (c. 5)
imprisonment” to the end.

In section 182(3), the words—

35

     (a)    “to imprisonment for a term not

exceeding 3 months or”, and

     (b)    “or to both”.

Local Government Finance Act
In section 27(5), the words—

1992 (c. 14)
     (a)    “imprisonment for a term not exceeding

40

three months or”, and

     (b)    “or both”.

Trade Union and Labour
In section 240(3), the words—

Relations (Consolidation) Act
     (a)    “to imprisonment for a term not

1992 (c. 52)
exceeding three months or”, and

45

     (b)    “or both”.



© Parliamentary copyright 2002	Revised 21 November 2002