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252 Increase in penalties for drug-related offences | |
(1) Schedule 22 (increase in penalties for certain drug-related offences) shall have | |
effect. | |
(2) That Schedule does not affect the penalty for any offence committed before the | |
commencement of that Schedule. | 5 |
Term of detention and training order | |
253 Term of detention and training order | |
(1) Section 101 of the Sentencing Act (which relates to detention and training | |
orders) is amended as follows. | |
(2) In subsection (1), for “subsection (2)” there is substituted “subsections (2) and | 10 |
(2A)”. | |
(3) After subsection (2) there is inserted— | |
“(2A) Where— | |
(a) the offence is a summary offence, | |
(b) the maximum term of imprisonment that a court could (in the | 15 |
case of an offender aged 18 or over) impose for the offence is 51 | |
weeks, | |
the term of a detention and training order may not exceed 6 months.” | |
Fine defaulters | |
254 Power to impose unpaid work requirement or curfew requirement on fine | 20 |
defaulter | |
(1) Subsection (2) applies in any case where, in respect of a person aged 16 or over, | |
a magistrates’ court— | |
(a) has power under Part 3 of the Magistrates’ Courts Act 1980 (c. 43) to | |
issue a warrant of commitment for default in paying a sum adjudged to | 25 |
be paid by a conviction (other than a sum ordered to be paid under | |
section 6 of the Proceeds of Crime Act 2002 (c. 29)), or | |
(b) would, but for section 89 of the Sentencing Act (restrictions on custodial | |
sentences for persons under 18), have power to issue such a warrant for | |
such default. | 30 |
(2) The magistrates’ court may, instead of issuing a warrant of commitment or, as | |
the case may be, proceeding under section 81 of the Magistrates’ Courts Act | |
1980 (enforcement of fines imposed on young offender), order the person in | |
default to comply with— | |
(a) an unpaid work requirement (as defined by section 181), or | 35 |
(b) a curfew requirement (as defined by section 186). | |
(3) In this Part “default order” means an order under subsection (2). | |
(4) Subsections (3) and (4) of section 161 (which relate to electronic monitoring) | |
have effect in relation to a default order as they have effect in relation to a | |
community order. | 40 |
| |
| |
|
| |
| |
(5) Where a magistrates’ court has power to make a default order, it may, if it | |
thinks it expedient to do so, postpone the making of the order until such time | |
and on such conditions (if any) as it thinks just. | |
(6) Schedule 7 (breach, revocation or amendment of community order), Schedule | |
8 (transfer of community orders to Scotland or Northern Ireland) and Chapter | 5 |
4 (further provisions about orders under Chapters 2 and 3) have effect in | |
relation to default orders as they have effect in relation to community orders, | |
but subject to the modifications contained in Schedule 23. | |
(7) Where a default order has been made for default in paying any sum— | |
(a) on payment of the whole sum to any person authorised to receive it, the | 10 |
order shall cease to have effect, and | |
(b) on payment of a part of the sum to any such person, the total number | |
of hours or days to which the order relates is to be taken to be reduced | |
by a proportion corresponding to that which the part paid bears to the | |
whole sum. | 15 |
(8) In calculating any reduction required by subsection (7)(b), any fraction of a day | |
or hour is to be disregarded. | |
255 Fine defaulters: driving disqualification | |
(1) Subsection (2) applies in any case where a magistrates’ court— | |
(a) has power under Part 3 of the Magistrates’ Courts Act 1980 (c. 43) to | 20 |
issue a warrant of commitment for default in paying a sum adjudged to | |
be paid by a conviction (other than a sum ordered to be paid under | |
section 6 of the Proceeds of Crime Act 2002 (c. 29)), or | |
(b) would, but for section 89 of the Sentencing Act (restrictions on custodial | |
sentences for persons under 18), have power to issue such a warrant for | 25 |
such default. | |
(2) The magistrates’ court may, instead of issuing a warrant of commitment or, as | |
the case may be, proceeding under section 81 of the Magistrates’ Courts Act | |
1980 (enforcement of fines imposed on young offenders), order the person in | |
default to be disqualified, for such period not exceeding twelve months as it | 30 |
thinks fit, for holding or obtaining a driving licence. | |
(3) Where an order has been made under subsection (2) for default in paying any | |
sum— | |
(a) on payment of the whole sum to any person authorised to receive it, the | |
order shall cease to have effect, and | 35 |
(b) on payment of part of the sum to any such person, the total number of | |
weeks or months to which the order relates is to be taken to be reduced | |
by a proportion corresponding to that which the part paid bears to the | |
whole sum. | |
(4) In calculating any reduction required by subsection (3)(b) any fraction of a | 40 |
week or month is to be disregarded. | |
(5) The Secretary of State may by order amend subsection (2) by substituting, for | |
the period there specified, such other period as may be specified in the order. | |
(6) A court which makes an order under this section disqualifying a person for | |
holding or obtaining a driving licence shall require him to produce any such | 45 |
licence held by him together with its counterpart. | |
| |
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(7) In this section— | |
“driving licence” means a licence to drive a motor vehicle granted under | |
Part 3 of the Road Traffic Act 1988 (c. 52); | |
“counterpart”, in relation to a driving licence, has the meaning given in | |
relation to such a licence by section 108(1) of that Act. | 5 |
Chapter 8 | |
Supplementary | |
256 Execution of process between England and Wales and Scotland | |
Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of | |
process of English and Welsh courts in Scotland) applies to any process issued | 10 |
under— | |
paragraph 7(2) of Schedule 7, | |
paragraph 12 of Schedule 8, or | |
paragraph 5(1) or 11(1) of Schedule 10, | |
as it applies to process issued under the Magistrates’ Courts Act 1980 by a | 15 |
magistrates’ court.’ | |
257 Sentencing: repeals | |
The following enactments (which are superseded by the provisions of this Part) | |
shall cease to have effect— | |
(a) Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners), | 20 |
(b) sections 35 and 40 of the Crime (Sentences) Act 1997 (c. 43) (fine | |
defaulters), | |
(c) sections 80 to 82 of the Crime and Disorder Act 1998 (c. 37) (sentencing | |
guidelines), and | |
(d) in the Sentencing Act— | 25 |
(i) Chapter 3 of Part 4 (community orders available only where | |
offender 16 or over), | |
(ii) section 85 (sexual or violent offences: extension of custodial | |
term for licence purposes), | |
(iii) sections 87 and 88 (remand in custody), | 30 |
(iv) section 109 (life sentence for second serious offence), and | |
(v) Chapter 5 of Part 5 (suspended sentences). | |
258 Amendments relating to sentencing | |
Schedule 24 (which contains amendments related to the provisions of this Part) | |
shall have effect. | 35 |
259 Interpretation of Part 12 | |
(1) In this Part, except where the contrary intention appears— | |
“accredited programme” has the meaning given by section 184(2); | |
“activity requirement”, in relation to a community order, custody plus | |
order, intermittent custody order or suspended sentence order, has the | 40 |
meaning given by section 183; | |
| |
| |
|
| |
| |
“alcohol treatment requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | |
order, has the meaning given by section 194; | |
“the appropriate officer of the court” means, in relation to a magistrates’ | |
court, the clerk of the court; | 5 |
“associated”, in relation to offences, is to be read in accordance with | |
section 161(1) of the Sentencing Act; | |
“attendance centre” has the meaning given by section 203(2); | |
“attendance centre requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | 10 |
order, has the meaning given by section 196; | |
“community order” has the meaning given by section 161(1); | |
“community requirement”, in relation to a suspended sentence order, has | |
the meaning given by section 172(7); | |
“community sentence” has the meaning given by section 131(1); | 15 |
“court” (without more) does not include a service court; | |
“curfew requirement”, in relation to a community order, custody plus | |
order, intermittent custody order or suspended sentence order, has the | |
meaning given by section 186; | |
“custodial sentence” has the meaning given by section 76 of the | 20 |
Sentencing Act; | |
“custody plus order” has the meaning given by section 165(4); | |
“default order” has the meaning given by section 254(3); | |
“drug rehabilitation requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | 25 |
order, has the meaning given by section 191; | |
“electronic monitoring requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | |
order, has the meaning given by section 197; | |
“exclusion requirement”, in relation to a community order, custody plus | 30 |
order, intermittent custody order or suspended sentence order, has the | |
meaning given by section 187; | |
“guardian” has the same meaning as in the Children and Young Persons | |
Act 1933 (c. 12); | |
“intermittent custody order” has the meaning given by section 167(2); | 35 |
“licence” means a licence under Chapter 6; | |
“local probation board” means a local probation board established under | |
section 4 of the Criminal Justice and Court Services Act 2000 (c. 43); | |
“mental health treatment requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | 40 |
order, has the meaning given by section 189; | |
“pre-sentence report” has the meaning given by section 143(1); | |
“programme requirement”, in relation to a community order, custody | |
plus order, intermittent custody order or suspended sentence order, | |
has the meaning given by section 184; | 45 |
“prohibited activity requirement”, in relation to a community order, | |
custody plus order, intermittent custody order or suspended sentence | |
order, has the meaning given by section 185; | |
“residence requirement”, in relation to a community order, custody plus | |
order, intermittent custody order or suspended sentence order, has the | 50 |
meaning given by section 188; | |
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| |
|
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| |
“responsible officer”, in relation to an offender to whom a community | |
order, a custody plus order, an intermittent custody order or a | |
suspended sentence order relates, has the meaning given by section | |
179; | |
“sentence of imprisonment” does not include a committal— | 5 |
(a) in default of payment of any sum of money, | |
(b) for want of sufficient distress to satisfy any sum of money, or | |
(c) for failure to do or abstain from doing anything required to be | |
done or left undone, | |
and references to sentencing an offender to imprisonment are to be read | 10 |
accordingly; | |
“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) | |
Act 2000 (c. 6); | |
“service court” means— | |
(a) a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. | 15 |
2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval | |
Discipline Act 1957 (c. 53); | |
(b) a summary appeal court constituted under section 83ZA of the | |
Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 83ZA of the Air Force | |
Act 1955 (3 & 4 Eliz. 2 c. 19) or section 52FF of the Naval | 20 |
Discipline Act 1957 (c. 53); | |
(c) the Courts-Martial Appeal Court; or | |
(d) a Standing Civilian Court; | |
“service disciplinary proceedings” means— | |
(a) any proceedings under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), | 25 |
the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline | |
Act 1957 (c. 53) (whether before a court-martial or any other | |
court or person authorised under any of those Acts to award a | |
punishment in respect of any offence), and | |
(b) any proceedings before a Standing Civilian Court; | 30 |
“supervision requirement”, in relation to a community order, custody | |
plus order, intermittent custody order or suspended sentence order, | |
has the meaning given by section 195; | |
“suspended sentence” and “suspended sentence order” have the meaning | |
given by section 172(7); | 35 |
“unpaid work requirement”, in relation to a community order, custody | |
plus order, intermittent custody order or suspended sentence order, | |
has the meaning given by section 181; | |
“youth offending team” means a team established under section 39 of the | |
Crime and Disorder Act 1998 (c. 37). | 40 |
(2) For the purposes of any provision of this Part which requires the determination | |
of the age of a person by the court or the Secretary of State, his age is to be taken | |
to be that which it appears to the court or (as the case may be) the Secretary of | |
State to be after considering any available evidence. | |
(3) Any reference in this Part to an offence punishable with imprisonment is to be | 45 |
read without regard to any prohibition or restriction imposed by or under any | |
Act on the imprisonment of young offenders. | |
(4) For the purposes of this Part— | |
| |
| |
|
| |
| |
(a) a sentence falls to be imposed under section 110(2) or 111(2) of the | |
Sentencing Act if it is required by that provision and the court is not of | |
the opinion there mentioned, | |
(b) a sentence falls to be imposed under section 207 or 209 if, because the | |
court is of the opinion mentioned in subsection (1)(b) of that section, the | 5 |
court is obliged to pass a sentence complying with that section, | |
(c) a sentence falls to be imposed under section 208 if, because the court is | |
of the opinion mentioned in subsection (1)(b) of that section and | |
considers that the case falls within subsection (2) or (3) of that section, | |
the court is obliged to pass a sentence complying with that section, and | 10 |
(d) a sentence falls to be imposed under section 210 if, because the court is | |
of the opinion mentioned in subsection (1)(b)(i) and (ii) of that section, | |
the court is obliged to pass a sentence complying with that section. | |
Part 13 | |
Miscellaneous | 15 |
Miscellaneous provisions about criminal proceedings | |
260 Non-appearance of defendant: plea of guilty | |
In section 12 of the Magistrates’ Courts Act 1980 (c. 43) (non-appearance of | |
accused: plea of guilty) subsection (1)(a)(i) (which excludes offences | |
punishable with imprisonment for term exceeding 3 months) is omitted. | 20 |
261 Preparatory hearings for serious offences not involving fraud | |
In section 29 of the Criminal Procedure and Investigations Act 1996 (power to | |
order preparatory hearings) in subsection (1) (preparatory hearing may be held | |
in complex or lengthy trial) after “complexity” there is inserted “a case of such | |
seriousness”. | 25 |
262 Preparatory hearings to deal with severance and joinder of charges | |
(1) In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the | |
purposes of preparatory hearings in fraud cases) after paragraph (d) there is | |
inserted “or | |
“(e) considering questions as to the severance or joinder of charges.” | 30 |
(2) In section 9(3) of that Act (determinations as to the admissibility of evidence | |
etc) after paragraph (c) there is inserted “and | |
(d) any question as to the severance or joinder of charges.” | |
(3) In section 9(11) of that Act (appeals against orders or rulings under section | |
9(3)(b) or (c)) for “or (c)” there is substituted “(c) or (d)”. | 35 |
(4) In section 29(2) of the Criminal Procedure and Investigations Act 1996 (c. 25) | |
(purposes of preparatory hearings in non-fraud cases) after paragraph (d) | |
there is inserted— | |
“(e) considering questions as to the severance or joinder of | |
charges,”. | 40 |
| |
| |
|
| |
| |
(5) In section 31(3) of that Act (rulings as to the admissibility of evidence etc) after | |
paragraph (b) there is inserted— | |
“(c) any question as to the severance or joinder of charges.” | |
263 Reporting restrictions for preparatory hearings | |
(1) The Criminal Justice Act 1987 (c. 38) is amended as follows. | 5 |
(2) In paragraphs (a) and (b) of section 11(1) (restrictions on reporting) for “Great | |
Britain” there is substituted “the United Kingdom”. | |
(3) In section 11A (offences in connection with reporting) after subsection (3) there | |
is inserted— | |
“(3A) Proceedings for an offence under this section shall not be instituted in | 10 |
Northern Ireland otherwise than by or with the consent of the Attorney | |
General for Northern Ireland.” | |
(4) In section 17(3) (extent) after “sections 2 and 3;” there is inserted “sections 11 | |
and 11A;”. | |
(5) The Criminal Procedure and Investigations Act 1996 (c. 25) is amended as | 15 |
follows. | |
(6) In paragraphs (a) and (b) of section 37(1) (restrictions on reporting) for “Great | |
Britain” there is substituted “the United Kingdom”. | |
(7) In section 38 (offences in connection with reporting) after subsection (3) there | |
is inserted— | 20 |
“(3A) Proceedings for an offence under this section shall not be instituted in | |
Northern Ireland otherwise than by or with the consent of the Attorney | |
General for Northern Ireland.” | |
(8) In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for “Great | |
Britain” there is substituted “the United Kingdom”. | 25 |
(9) In section 79(3) (extent) after “Parts III” there is inserted “(other than sections | |
37 and 38)”. | |
(10) In Schedule 4 (modifications for Northern Ireland) paragraph 16 is omitted. | |
264 Awards of costs | |
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows. | 30 |
(2) In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal | |
Justice Act 1987 may be met out of central funds) after “1987“ there is inserted | |
“or section 35(1) of the Criminal Procedure and Investigations Act 1996”. | |
(3) In section 18(2) (award of costs against accused in case of dismissal of appeal | |
under section 9(11) of the Criminal Justice Act 1987 etc) after paragraph (c) | 35 |
there is inserted “or | |
(d) an appeal or application for leave to appeal under section 35(1) | |
of the Criminal Procedure and Investigations Act 1996.” | |
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