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Hilary Benn
773
Schedule 21, page 252, line 31, at end insert—
| | | In section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders for carrying out certain defence works), in subsection 3(a)(ii), for "six months" there is substituted "12 months".' |
Hilary Benn
774
Schedule 21, page 252, line 39, leave out 'or'.
Hilary Benn
775
Schedule 21, page 252, line 41, at end insert 'or an extended sentence under section 207 or 208 of that Act'.
Hilary Benn
891
Schedule 21, page 253, line 2, at end insert—
| (1) | Section 8 of the Armed Forces Act 1976 (powers of Standing Civilian Courts in relation to civilians) is amended as follows. |
| (2) | In subsection (1)(a), for "six months" there is substituted "twelve months". |
| (3) | In subsection (2), for "12 months" there is substituted "65 weeks". |
| (4) | At the end there is inserted— |
"(5) The Secretary of State may by order made by statutory instrument—
| (a) | amend subsection (1)(a) by substituting for the reference to 12 months a reference to 18 months, and |
| (b) | amend subsection (2) by substituting for the reference to 65 weeks a reference to 24 months. |
(6) Section 265(4) of the Criminal Justice Act 2003 (power to make supplementary provision etc.) applies in relation to an order under subsection (5) as it applies in relation to an order under section 139 of that Act (power to increase limits on sentencing powers of magistrates' courts).
(7) A statutory instrument containing an order under subsection (5) may only be made if a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament."'.
Hilary Benn
776
Schedule 21, page 253, leave out lines 6 to 8.
Hilary Benn
777
Schedule 21, page 253, line 11, at end insert—
| '( ) | In subsection (2), in the definition of "probation hostel", for the words from "by" onwards there is substituted "by a community order under section 160 of the Criminal Justice Act 2003".' |
Hilary Benn
778
Schedule 21, page 253, line 26, leave out from beginning to '(non' and insert—
| | | 'The Magistrates' Courts Act 1980 is amended as follows. |
Hilary Benn
781
Schedule 21, page 253, line 29, at end insert—
| | | 'In section 133 (consecutive terms of imprisonment), in subsection (1), for "Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act 2000," there is substituted "Subject to section (Restriction on consecutive sentences for released prisoners) of the Criminal Justice Act 2003,".' |
Hilary Benn
779
Schedule 21, page 253, line 29, at end insert—
| | | 'In section 33 (maximum penalties on summary conviction in pursuance of section 22), in subsection (1)(a), for "3 months" there is substituted "51 weeks".' |
Hilary Benn
780
Schedule 21, page 253, line 29, at end insert—
| | | 'In section 85 (power to remit fine), in subsection (2A), for "section 35(2)(a) or (b) of the Crime (Sentences) Act 1997" there is substituted "section (Power to impose unpaid work requirement or curfew requirement on fine defaulter)(2) of the Criminal Justice Act 2003". |
Hilary Benn
782
Schedule 21, page 254, line 7, at end insert—
| | | 'The Criminal Justice Act 1982 is amended as follows. |
| | | In section 32 (early release of prisoners), in subsection (1)(a), after "life" there is inserted ", imprisonment for public protection under section 205 of the Criminal Justice Act 2003 or an extended sentence under section 207 of that Act"'. |
Hilary Benn
783
Schedule 21, page 254, leave out lines 8 to 10 and insert—
| '(1) | Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland) persons residing in England and Wales or Scotland) is amended as follows. |
Hilary Benn
784
Schedule 21, page 254, line 17, at end insert—
| '(3) | For paragraph 9(3) there is substituted— |
"(3) Subject to the following provisions of this paragraph—
(a) a community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a community order made in England and Wales under section 160 of the Criminal Justice Act 2003 and the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly; and
(b) a community service order made or amended in the circumstances specified in paragraph 8 above shall be treated as if it were a community service order made in Scotland and the legislation relating to community service orders in Scotland shall apply accordingly."
(4) In paragraph 9(4)(a), after "community service orders" there is inserted "or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)".
(5) In paragraph 9(5), after "a community service order" there is inserted "or, as the case may be, a community order (within the meaning of Part 12 of the Criminal Justice Act 2003)".
(6) In paragraph 9(6)—
(a) after "community service orders", where first occurring, there is inserted "or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)", and
(b) in paragraph (b)(i), for "the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "Part 12 of the Criminal Justice Act 2003".'
Hilary Benn
785
Schedule 21, page 254, line 24, at end insert—
'(aa) in subsection (1A), after "2000" there is inserted "or under any of sections 205 to 208 of the Criminal Justice Act 2003", and for "that subsection" there is substituted "that section"'.
Hilary Benn
786
Schedule 21, page 255, line 7, at end insert—
| | | 'In section 164 of the Road Traffic Act 1988 (power of constables to require production of driving licence and in certain cases statement of date of birth), in subsection (5), for "section 40 of the Crime (Sentences) Act 1997" there is substituted "section (Fine defaulters: driving disqualification) of the Criminal Justice Act 2003".' |
Hilary Benn
787
Schedule 21, page 255, line 8, leave out from the beginning to '(combination' and insert—
| | | 'The Road Traffic Offenders Act 1988 is amended as follows. |
| | | In section 27 (production of licence), in subsection (3), for "section 40 of the Crime (Sentences) Act 1997" there is substituted "section (Fine defaulters: driving disqualification) of the Criminal Justice Act 2003". |
Hilary Benn
788
Schedule 21, page 255, leave out lines 14 and 15 and insert—
| | | 'The Football Spectators Act 1989 is amended as follows. |
| | | In section 7 (disqualification for membership of scheme), subsection (9) is omitted. |
| | | In section 14E (banning orders: general), after subsection (6) there is inserted— |
"(7) A person serving a sentence of imprisonment to which an intermittent custody order under section 165 of the Criminal Justice Act 2003 relates is to be treated for the purposes of this section as having been detained in legal custody until his final release; and accordingly any reference in this section to release is, in relation to a person serving such a sentence, a reference to his final release."
| | | In section 18 (information), after subsection (4) there is inserted— |
"(5) In relation to a person serving a sentence of imprisonment to which an intermittent custody order under section 165 of the Criminal Justice Act 2003 relates, any reference in this section to his detention or to his release shall be construed in accordance with section 14E(7).".'
Hilary Benn
789
Schedule 21, page 255, leave out lines 18 to 23 and insert—
| | '33(1) | Section 68 (persons disqualified from being private foster parents) is amended as follows. |
| (2) | In subsection (2)(d), the words "a probation order has been made in respect of him or he has been" are omitted. |
| (3) | After subsection (2) there is inserted— |
"(2A) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d)."
| 34(1) | In Schedule 9A (child minding and day care for young children), paragraph 4 is amended as follows. |
| (2) | In sub-paragraph (2)(g), the words "placed on probation or" are omitted. |
| (3) | At the end there is inserted— |
"(7) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this paragraph."'
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