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(4) After subsection (5) there is inserted— | |
“(6) In this section— | |
“appropriate adult”, in relation to a person aged under 17, | |
means— | |
(a) his parent or guardian or, if he is in the care of a local | 5 |
authority or voluntary organisation, a person | |
representing that authority or organisation, | |
(b) a social worker of a local authority social services | |
department, or | |
(c) if no person falling within paragraph (a) or (b) is | 10 |
available, any responsible person aged 18 or over who is | |
not a police officer or a person employed by 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 | 15 |
team; | |
(b) in relation to an offender aged 18 or over, an officer of a | |
local probation board.” | |
Supplemental | |
244 Alteration by order of relevant proportion of sentence | 20 |
The Secretary of State may by order provide that any reference in section | |
226(3)(a), section 228(2) or section 241(6)(a)(ii) to a particular proportion of a | |
prisoner’s sentence is to be read as a reference to such other proportion of a | |
prisoner’s sentence as may be specified in the order. | |
245 Interpretation of Chapter 6 | 25 |
In this Chapter— | |
“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43); | |
“the Board” means the Parole Board; | |
“fixed-term prisoner” has the meaning given by section 219(1); | |
“prison” and “prisoner” are to be read in accordance with section 219(2); | 30 |
“release”, in relation to a prisoner serving a sentence of imprisonment to | |
which an intermittent custody order relates, includes temporary | |
release; | |
“relevant court order”, in relation to a person serving a sentence of | |
imprisonment to which a custody plus order or intermittent custody | 35 |
order relates, means that order. | |
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Chapter 7 | |
Other provisions about sentencing | |
Deferment of sentence | |
246 Deferment of sentence | |
Schedule 17 (deferment of sentence) shall have effect. | 5 |
Power to include drug treatment and testing requirement in certain orders in respect of young | |
offenders | |
247 Inclusion of drug treatment requirement in action plan order or supervision | |
order | |
Schedule 18 (which enables a requirement as to drug treatment and testing to | 10 |
be included in an action plan order or a supervision order) shall have effect. | |
Alteration of penalties for offences | |
248 Alteration of penalties for specified summary offences | |
(1) The summary offences listed in Schedule 19 are no longer punishable with | |
imprisonment. | 15 |
(2) Schedule 20 (which contains amendments increasing the maximum term of | |
imprisonment for certain summary offences from 4 months or less to 51 weeks) | |
shall have effect. | |
(3) This section does not affect the penalty for any offence committed before the | |
commencement of this section. | 20 |
249 Alteration of penalties for other summary offences | |
(1) Subsection (2) applies to any summary offence which— | |
(a) is an offence under a relevant enactment, | |
(b) is punishable with a maximum term of imprisonment of five months or | |
less, and | 25 |
(c) is not listed in Schedule 19 or Schedule 20. | |
(2) The Secretary of State may by order amend any relevant enactment so as to— | |
(a) provide that any summary offence to which this subsection applies is | |
no longer punishable with imprisonment, or | |
(b) increase to 51 weeks the maximum term of imprisonment to which a | 30 |
person is liable on conviction of the offence. | |
(3) An order under subsection (2) may make such supplementary, incidental or | |
consequential provision as the Secretary of State considers necessary or | |
expedient, including provision amending any relevant enactment. | |
(4) Subsection (5) applies to any summary offence which— | 35 |
(a) is an offence under a relevant enactment, and | |
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(b) is punishable with a maximum term of imprisonment of six months. | |
(5) The maximum term of imprisonment to which a person is liable on conviction | |
of an offence to which this subsection applies is, by virtue of this subsection, 51 | |
weeks (and the relevant enactment in question is to be read as if it had been | |
amended accordingly). | 5 |
(6) Neither of the following— | |
(a) an order under subsection (2), or | |
(b) subsection (5), | |
affects the penalty for any offence committed before the commencement of that | |
order or subsection (as the case may be). | 10 |
(7) In this section and section 250 “relevant enactment” means any enactment | |
contained in— | |
(a) an Act passed before or in the same Session as this Act, or | |
(b) any subordinate legislation made before the passing of this Act. | |
(8) In subsection (7) “subordinate legislation” has the same meaning as in the | 15 |
Interpretation Act 1978 (c. 30). | |
250 Increase in maximum term that may be imposed on summary conviction of | |
offence triable either way | |
(1) In section 32 of the Magistrates’ Courts Act 1980 (c. 43) (penalties on summary | |
conviction for offences triable either way) in subsection (1) (offences listed in | 20 |
Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “not | |
exceeding the prescribed term”. | |
(2) In subsection (9) of that section after the definition of “the prescribed sum” | |
there is inserted— | |
““the prescribed term”— | 25 |
(a) in the case of an offence committed before the commencement | |
of an order under section 140(a) of the Criminal Justice Act 2003 | |
(power to increase general limit on magistrates’ power to | |
impose imprisonment), means 12 months, and | |
(b) in the case of an offence committed after that commencement, | 30 |
means 18 months;”. | |
(3) Subsection (4) applies to any offence triable either way which— | |
(a) is an offence under a relevant enactment, | |
(b) is punishable with imprisonment on summary conviction, and | |
(c) is not listed in Schedule 1 to the Magistrates’ Courts Act 1980. | 35 |
(4) The maximum term of imprisonment to which a person is liable on summary | |
conviction of an offence to which this subsection applies is by virtue of this | |
subsection— | |
(a) where the offence is committed before the commencement of an order | |
under section 140(a), 12 months, and | 40 |
(b) where the offence is committed after that commencement, 18 months | |
or, if less, the maximum term of imprisonment to which he would be | |
liable on conviction on indictment of the offence, | |
(and the relevant enactment in question is to be read as if it had been amended | |
accordingly). | 45 |
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(5) Nothing in this section affects the penalty for any offence committed before the | |
commencement of this section. | |
251 Enabling powers: power to alter maximum penalties | |
(1) The Secretary of State may by order, in accordance with subsection (2) or (3), | |
amend any relevant enactment which confers a power (however framed or | 5 |
worded) by subordinate legislation to make a person— | |
(a) as regards a summary offence, liable on conviction to a term of | |
imprisonment, | |
(b) as regards an offence triable either way, liable on summary conviction | |
to a term of imprisonment. | 10 |
(2) An order made by virtue of paragraph (a) of subsection (1) may amend the | |
relevant enactment in question so as to— | |
(a) restrict the power so that a person may no longer be made liable on | |
conviction of a summary offence to a term of imprisonment, or | |
(b) increase to 51 weeks the maximum term of imprisonment to which a | 15 |
person may be made liable on conviction of a summary offence under | |
the power. | |
(3) An order made by virtue of paragraph (b) of that subsection may amend the | |
relevant enactment in question so as to increase the maximum term of | |
imprisonment to which a person may be made liable on summary conviction | 20 |
of an offence under the power— | |
(a) where the offence is committed before the commencement of an order | |
under section 140(a), to 12 months, and | |
(b) where the offence is committed after that commencement, to 18 months | |
or, if less, the maximum term of imprisonment to which he would be | 25 |
liable on conviction on indictment of the offence. | |
(4) Schedule 21(which amends the maximum penalties which may be imposed by | |
virtue of certain enabling powers) shall have effect. | |
(5) The power conferred by subsection (1) shall not apply to the enactments | |
amended under Schedule 21. | 30 |
(6) An order under subsection (1) may make such supplementary, incidental or | |
consequential provision as the Secretary of State considers necessary or | |
expedient, including provision amending any relevant enactment. | |
(7) None of the following— | |
(a) an order under subsection (1), or | 35 |
(b) Schedule 21, | |
affects the penalty for any offence committed before the commencement of that | |
order or Schedule (as the case may be). | |
(8) In subsection (1) “subordinate legislation” has the same meaning as in the | |
Interpretation Act 1978 (c. 30). | 40 |
(9) In this section “relevant enactment” means any enactment contained in an Act | |
passed before or in the same Session as this Act. | |
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