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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    137

 

     (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

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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

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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

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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

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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

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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);

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                      “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

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order relates, means that order.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Other provisions about sentencing

    138

 

Chapter 7

Other provisions about sentencing

Deferment of sentence

 246   Deferment of sentence

Schedule 17 (deferment of sentence) shall have effect.

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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

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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.

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     (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.

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 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

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           (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

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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—

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           (a)           is an offence under a relevant enactment, and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Other provisions about sentencing

    139

 

           (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).

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     (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).

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     (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

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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

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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”—

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                  (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,

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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.

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     (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

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           (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).

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Other provisions about sentencing

    140

 

     (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

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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.

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     (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

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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

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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

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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.

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     (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

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           (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).

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     (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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