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Hilary Benn
790
Schedule 21, page 255, leave out lines 25 and 26 and insert—
| | | 'The Criminal Justice Act 1991 is amended as follows. |
| | | Section 65 (supervision of young offenders after release) is omitted.' |
Hilary Benn
791
Schedule 21, page 255, line 26, at end insert—
| '(1) | Schedule 3 (reciprocal enforcement of certain orders) is amended as follows. |
| (2) | In paragraph 10(3)(d), for the words from "paragraph 3 of Schedule 2" onwards there is substituted "section 181 of the Criminal Justice Act 2003". |
| (i) | for "probation order" there is substituted "community order", and |
| (ii) | after "England and Wales" there is inserted "under section j001 of the Criminal Justice Act 2003", and
for paragraph (b) there is substituted— |
"(b) the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly."
| (4) | In paragraph 11(3), for paragraphs (a) and (b) there is substituted— |
"(a) the requirements of Part 12 of the Criminal Justice Act 2003 relating to community orders (within the meaning of that Part);
(b) the powers of the home court under Schedule 7 to that Act, as modified by this paragraph; and".
| (5) | In paragraph 11(4), for the words from "probation order made by a court" onwards there is substituted "community order made by a court in England and Wales under section 160 of the Criminal Justice Act 2003, except a power conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 7 to that Act". |
| (6) | In paragraph 11(5), for "the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "Part 12 of the Criminal Justice Act 2003".'. |
Hilary Benn
792
Schedule 21, page 256, line 16, at end insert—
| | '(1) | Section 234 (probation orders: persons residing in England and Wales) is amended as follows. |
| (2) | For subsection (2) there is substituted— |
"(2) Subsection (1) above applies to any probation order made under section 228 unless the order includes requirements which are more onerous than those which a court in England and Wales could impose on an offender under section 160 of the Criminal Justice Act 2003.".
| (i) | for "paragraph 5(3) of Schedule 2 to the 2000 Act" there is substituted "section 187(2) of the Criminal Justice Act 2003", |
| (ii) | for "or, as the case may be, community rehabilitation orders" there is substituted "or, as the case may be, community orders under Part 12 of that Act", and |
| (iii) | for "paragraph 5 of the said Schedule 2" there is substituted "section 187 of the Criminal Justice Act 2003", and |
(b) in paragraph (b), for "sub-paragraphs (5) to (7) of the said paragraph 5" there is substituted "sections 187(4) and 188(1) and (2) of the Criminal Justice Act 2003".
| (4) | In subsection (5), for "Schedule 3" onwards there is substituted "Schedule 7 to the Criminal Justice Act 2003 shall apply as if it were a community order made under section 160 of that Act". |
(a) for "Schedule 3 to the 2000 Act" there is substituted "Schedule 7 to the Criminal Justice Act 2003",
(b) for "sub-paragraphs (4) and (5) of paragraph 4" there is substituted "sub-paragraphs (6) and (7) of paragraph 9", and
(c) for "sub-paragraph (4)" there is substituted "sub-paragraph (6)".
(a) for the words from "paragraph 6" to "community rehabilitation orders" there is substituted "paragraph 8 of Schedule (Transfer of community orders to Scotland or Northern Ireland) (which relates to community orders", and
(b) for "an order made under section 41" there is substituted "a community order made under Part 12".'
Hilary Benn
793
Schedule 21, page 257, line 14, leave out from '2003' to the end of line 15.
Hilary Benn
794
Schedule 21, page 257, line 15, at end insert—
| | | The Crime (Sentences) Act 1997 is amended as follows. |
| | | In section 31 (duration and conditions of licences), in subsection (6), for "section 46(3) of the 1991 Act" there is substituted "section 236(2) of the Criminal Justice Act 2003".' |
Hilary Benn
795
Schedule 21, page 257, line 28, leave out from beginning to '(4)(g)' and insert—
| '(1) | Section 38 (local provision of youth justice services) is amended as follows. |
Hilary Benn
796
Schedule 21, page 257, line 31, at end insert—
| '(3) | In subsection (4)(i), after "1997 Act")" there is inserted "or by virtue of conditions imposed under section 229 of the Criminal Justice Act 2003".' |
Hilary Benn
797
Schedule 21, page 257, line 33, at end insert—
| '(1) | Section 6 (committal for sentence in certain cases where offender committed in respect of another offence) is amended as follows. |
| (2) | In subsection (3)(b), for "section 120(1) below" there is substituted "paragraph 10(1) of Schedule 9 to the Criminal Justice Act 2003". |
| (3) | For subsection (4)(e), there is substituted— |
| "(e) | paragraph 10(2) of Schedule 9 of the Criminal Justice Act 2003 (committal to Crown Court where offender convicted during operational period of suspended sentence).". |
| | | In section 7 (power of Crown Court on committal for sentence under section 6), in subsection (2), for "section 119 below" there is substituted "paragraphs 7 and 8 of Schedule 9 to the Criminal Justice Act 2003".' |
Hilary Benn
798
Schedule 21, page 257, line 34, after "discharge)" insert '—
| (a) | in subsection (1) for "109(2), 110(2) or 111(2) below" there is substituted "section 110(2) or 111(2) below or section 205, 206, 207 or 208 of the Criminal Justice Act 2003)", and |
Hilary Benn
799
Schedule 21, page 259, line 37, at end insert—
| | | 'In section 82A (determination of tariffs), in subsection (3)(c), for "sections 33(2) and 35(1) of the Criminal Justice Act 1991" there is substituted "section 224(1) of the Criminal Justice Act 2003".' |
Hilary Benn
800
Schedule 21, page 260, line 13, at end insert—
| | | 'Sections 116 and 117 (return to prison etc. where offence committed during original sentence) shall cease to have effect.' |
Hilary Benn
801
Schedule 21, page 260, line 13, at end insert—
| | | 'In section 130 (compensation orders against convicted persons), in subsection (2), for "109(2), 110(2) or 111(2) above," there is substituted "110(2) or 111(2) above or section 205, 206, 207 or 208 of the Criminal Justice Act 2003,".'. |
Hilary Benn
802
Schedule 21, page 260, line 28, at end insert—
| | | 'In section 146 (driving disqualification for any offence), in subsection (2), for "109(2), 110(2) or 111(2) above" there is substituted "110(2) or 111(2) above or section 205, 206, 207 or 208 of the Criminal Justice Act 2003".' |
Hilary Benn
803
Schedule 21, page 260, line 28, at end insert—
| | | 'In section 154 (commencement of Crown Court sentence), in subsection (2), for "section 84 above" there is substituted "section (Restriction on consecutive sentences for released prisoners) of the Criminal Justice Act 2003".' |
Hilary Benn
804
Schedule 21, page 260, line 36, leave out sub-paragraph (5).
Hilary Benn
805
Schedule 21, page 263, line 23, leave out 'section 230(c) or (d)' and insert 'section 202(c) or (d)'.
Hilary Benn
807
Schedule 21, page 264, line 8, leave out from beginning to 'for' in line 9 and insert—
| | | 'The Criminal Justice and Court Services Act 2000 is amended as follows. |
| | | In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8), for paragraph (a) there is substituted— |
| "(a) | murder or an offence specified in Schedule 11 to the Criminal Justice Act 2003." |
| | | In section 70 (general interpretation), in subsection (5),'. |
Hilary Benn
806
Schedule 21, page 264, line 6, at end insert—
| (1) | Section 62 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit for breach of community order) is amended as follows. |
| (2) | In subsection (8), for the definition of "relevant community order" there is substituted— |
Hilary Benn
892
Schedule 21, page 264, line 22, at end insert—
| | | In section 30 of the Armed Forces Act 2001 (conditional release from custody), in subsection (6)(a) for "six months" there is substituted "the term specified in subsection (1)(a) of section 8 of the Armed Forces Act 1976 (powers of courts in relation to civilians)".' |
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