Criminal Justice Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Schedule 10 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order
    222

           the court may, in relation to the order, extend the period of twelve months
specified in section 182(2).
Supplementary
  18       No application may be made under paragraph 12, 14 or 17, and no order
may be made under paragraph 13, while an appeal against the suspended
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sentence is pending
  19      (1)      Subject to sub-paragraph (2), where a court proposes to exercise its powers
under paragraph 14, otherwise than on the application of the offender, the
court—
              (a)             must summon him to appear before the court, and
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              (b)             if he does not appear in answer to the summons, may issue a warrant
for his arrest.
          (2)      This paragraph does not apply to an order cancelling any community
requirement of a suspended sentence order.
  20       Paragraphs 7(2)(c) and 14(1)(b) have effect subject to the provisions
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mentioned in subsection (2) of section 173, and to subsections (3) and (5) of
that section.
  21      (1)      On the making under this Schedule of an order amending a suspended
sentence order, the proper officer of the court must—
              (a)             provide copies of the amending order to the offender and the
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responsible officer,
              (b)             in the case of an amending order which substitutes a new petty
sessions area, provide a copy of the amending order to—
                    (i)                   the local probation board acting for that area, and
                    (ii)                  the magistrates’ court acting for that area, and
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              (c)             in the case of an amending order which imposes or amends a
requirement specified in the first column of Schedule 11, provide a
copy of so much of the amending order as relates to that requirement
to the person specified in relation to that requirement in the second
column of that Schedule.
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          (2)      Where under sub-paragraph (1)(b) the proper officer of the court provides a
copy of an amending order to a magistrates’ court acting for a different area,
the officer must also provide to that court such documents and information
relating to the case as it considers likely to be of assistance to a court acting
for that area in the exercise of its functions in relation to the order.
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          (3)      In this paragraph “proper officer” means—
              (a)             in relation to a magistrates’ court, the justices’ chief executive for the
court; and
              (b)             in relation to the Crown Court, the appropriate officer.

Criminal Justice Bill
Schedule 12 — Specified offences for purposes of Chapter 5 of Part 12
Part 1 — Specified violent offences
    223

Schedule 11
Section 201

Persons to whom copies of requirements to be provided in particular cases

Requirement
Person to whom copy of requirement is to be

given

An activity requirement.
The person specified under section

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183(1)(a).

An exclusion requirement imposed for
The person intended to be protected.

the purpose (or partly for the purpose)

of protecting a person from being

approached by the offender.

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A residence requirement relating to
The person in charge of the institution.

residence in an institution.

A mental health treatment requirement.
The person specified under section

189(2)(c) or the person in charge of the

institution or place specified under

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section 189(2)(a) or (b).

A drug rehabilitation requirement.
The person in charge of the institution

or place specified under section

191(4)(a) or (b).

An alcohol treatment requirement.
The person specified under section

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194(5)(c) or the person in charge of the

institution or place specified under

section 194(5)(a) or (b).

An attendance centre requirement.
The officer in charge of the attendance

centre specified in the requirement.

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An electronic monitoring requirement.
Any person who by virtue of section

An electronic monitoring requirement.
Any person who by virtue of section

Schedule 12
Section 206

Specified offences for purposes of Chapter 5 of Part 12
Part 1
Specified violent offences
30
  1        Manslaughter.

Criminal Justice Bill
Schedule 12 — Specified offences for purposes of Chapter 5 of Part 12
Part 1 — Specified violent offences
    224

  2        Kidnapping.
  3        False imprisonment.
  4        An offence under section 4 of the Offences against the Person Act 1861
(c. 100) (soliciting murder).
  5        An offence under section 16 of that Act (threats to kill).
5
  6        An offence under section 18 of that Act (wounding with intent to cause
grievous bodily harm).
  7        An offence under section 20 of that Act (malicious wounding).
  8        An offence under section 21 of that Act (attempting to choke, suffocate or
strangle in order to commit or assist in committing an indictable offence).
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  9        An offence under section 22 of that Act (using chloroform etc. to commit or
assist in the committing of any indictable offence).
  10       An offence under section 23 of that Act (maliciously administering poison
etc. so as to endanger life or inflict grievous bodily harm).
  11       An offence under section 27 of that Act (abandoning children).
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  12       An offence under section 28 of that Act (causing bodily injury by explosives).
  13       An offence under section 29 of that Act (using explosives etc. with intent to
do grievous bodily harm).
  14       An offence under section 30 of that Act (placing explosives with intent to do
bodily injury).
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  15       An offence under section 31 of that Act (setting spring guns etc. with intent
to do grievous bodily harm).
  16       An offence under section 32 of that Act (endangering the safety of railway
passengers).
  17       An offence under section 35 of that Act (injuring persons by furious driving).
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  18       An offence under section 37 of that Act (assaulting officer preserving wreck).
  19       An offence under section 38 of that Act (assault with intent to resist arrest).
  20       An offence under section 47 of that Act (assault occasioning actual bodily
harm).
  21       An offence under section 2 of the Explosive Substances Act 1883 (c. 3)
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(causing explosion likely to endanger life or property).
  22       An offence under section 3 of that Act (attempt to cause explosion, or
making or keeping explosive with intent to endanger life or property).
  23       An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34)
(child destruction).
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  24       An offence under section 1 of the Children and Young Persons Act 1933
(c. 12) (cruelty to children).
  25       An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).

Criminal Justice Bill
Schedule 12 — Specified offences for purposes of Chapter 5 of Part 12
Part 1 — Specified violent offences
    225

  26       An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of
firearm with intent to endanger life).
  27       An offence under section 16A of that Act (possession of firearm with intent
to cause fear of violence).
  28       An offence under section 17(1) of that Act (use of firearm to resist arrest).
5
  29       An offence under section 17(2) of that Act (possession of firearm at time of
committing or being arrested for offence specified in Schedule 1 to that Act).
  30       An offence under section 18 of that Act (carrying a firearm with criminal
intent).
  31       An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault
10
with intent to rob).
  32       An offence under section 9 of that Act of burglary with intent to—
              (a)             inflict grievous bodily harm on a person, or
              (b)             do unlawful damage to a building or anything in it.
  33       An offence under section 10 of that Act (aggravated burglary).
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  34       An offence under section 12A of that Act (aggravated vehicle-taking)
involving an accident which caused the death of any person.
  35       An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).
  36       An offence under section 1(2) of that Act (destroying or damaging property)
other than an offence of arson.
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  37       An offence under section 1 of the Taking of Hostages Act 1982 (c. 28)
(hostage-taking).
  38       An offence under section 1 of the Aviation Security Act 1982 (c. 36)
(hijacking).
  39       An offence under section 2 of that Act (destroying, damaging or
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endangering safety of aircraft).
  40       An offence under section 3 of that Act (other acts endangering or likely to
endanger safety of aircraft).
  41       An offence under section 4 of that Act (offences in relation to certain
dangerous articles).
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  42       An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-
treatment of patients).
  43       An offence under section 1 of the Prohibition of Female Circumcision Act
1985 (c. 38) (prohibition of female circumcision).
  44       An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).
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  45       An offence under section 2 of that Act (violent disorder).
  46       An offence under section 3 of that Act (affray).
  47       An offence under section 134 of the Criminal Justice Act 1988 (c. 33)
(torture).

Criminal Justice Bill
Schedule 12 — Specified offences for purposes of Chapter 5 of Part 12
Part 2 — Specified sexual offences
    226

  48       An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death
by dangerous driving).
  49       An offence under section 3A of that Act (causing death by careless driving
when under influence of drink or drugs).
  50       An offence under section 1 of the Aviation and Maritime Security Act 1990
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(c. 31) (endangering safety at aerodromes).
  51       An offence under section 9 of that Act (hijacking of ships).
  52       An offence under section 10 of that Act (seizing or exercising control of fixed
platforms).
  53       An offence under section 11 of that Act (destroying fixed platforms or
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endangering their safety).
  54       An offence under section 12 of that Act (other acts endangering or likely to
endanger safe navigation).
  55       An offence under section 13 of that Act (offences involving threats).
  56       An offence under section 4 of the Protection from Harassment Act 1997
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(c. 40) (putting people in fear of violence).
  57       An offence under section 29 of the Crime and Disorder Act 1998 (c. 37)
(racially or religiously aggravated assaults).
  58       An offence falling within section 31(1)(a) or (b) of that Act (racially or
religiously aggravated offences under section 4 or 4A of the Public Order
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Act 1986 (c. 64)).
  59       An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I.
1994/570) (offences relating to Channel Tunnel trains and the tunnel
system).
  60       An offence under section 51 or 52 of the International Criminal Court Act
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2001 (c. 17) (genocide, crimes against humanity, war crimes and related
offences), other than one involving murder.
  61       An offence of—
              (a)             aiding, abetting, counselling, procuring or inciting the commission
of an offence specified in this Part of this Schedule,
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              (b)             conspiring to commit an offence so specified, or
              (c)             attempting to commit an offence so specified.
  62       An attempt to commit murder or a conspiracy to commit murder.
Part 2
Specified sexual offences
35
  63       An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).
  64       An offence under section 2 of that Act (procurement of woman by threats).
  65       An offence under section 3 of that Act (procurement of woman by false
pretences).

Criminal Justice Bill
Schedule 12 — Specified offences for purposes of Chapter 5 of Part 12
Part 2 — Specified sexual offences
    227

  66       An offence under section 4 of that Act (administering drugs to obtain or
facilitate intercourse).
  67       An offence under section 5 of that Act (intercourse with girl under thirteen).
  68       An offence under section 6 of that Act (intercourse with girl under 16).
  69       An offence under section 7 of that Act (intercourse with a defective).
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  70       An offence under section 9 of that Act (procurement of a defective).
  71       An offence under section 10 of that Act (incest by a man).
  72       An offence under section 11 of that Act (incest by a woman).
  73       An offence under section 14 of that Act (indecent assault on a woman).
  74       An offence under section 15 of that Act (indecent assault on a man).
10
  75       An offence under section 16 of that Act (assault with intent to commit
buggery).
  76       An offence under section 17 of that Act (abduction of woman by force or for
the sake of her property).
  77       An offence under section 19 of that Act (abduction of unmarried girl under
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eighteen from parent or guardian).
  78       An offence under section 20 of that Act (abduction of unmarried girl under
sixteen from parent or guardian).
  79       An offence under section 21 of that Act (abduction of defective from parent
or guardian).
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  80       An offence under section 22 of that Act (causing prostitution of women).
  81       An offence under section 23 of that Act (procuration of girl under twenty-
one).
  82       An offence under section 24 of that Act (detention of woman in brothel).
  83       An offence under section 25 of that Act (permitting girl under thirteen to use
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premises for intercourse).
  84       An offence under section 26 of that Act (permitting girl under sixteen to use
premises for intercourse).
  85       An offence under section 27 of that Act (permitting defective to use premises
for intercourse).
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  86       An offence under section 28 of that Act (causing or encouraging the
prostitution of, intercourse with or indecent assault on girl under sixteen).
  87       An offence under section 29 of that Act (causing or encouraging prostitution
of defective).
  88       An offence under section 32 of that Act (soliciting by men).
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  89       An offence under section 128 of the Mental Health Act 1959 (c. 72) (sexual
intercourse with patients).

Criminal Justice Bill
Schedule 13 — Scottish offences specified for the purposes of section 211(4)
    228

  90       An offence under section 1 of the Indecency with Children Act 1960 (c. 33)
(indecent conduct towards young child).
  91       An offence under section 4 of the Sexual Offences Act 1967 (c. 60) (procuring
others to commit homosexual acts).
  92       An offence under section 5 of that Act (living on earnings of male
5
prostitution).
  93       An offence under section 9 of the Theft Act 1968 (c. 60) of burglary with
intent to commit rape.
  94       An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl
under sixteen to have incestuous sexual intercourse).
10
  95       An offence under section 1 of the Protection of Children Act 1978 (c. 37)
(indecent photographs of children).
  96       An offence under section 170 of the Customs and Excise Management Act
1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods
prohibited to be imported under section 42 of the Customs Consolidation
15
Act 1876 (c. 36) (indecent or obscene articles).
  97       An offence under section 160 of the Criminal Justice Act 1988 (c. 33)
(possession of indecent photograph of a child).
  98       An offence of—
              (a)             aiding, abetting, counselling, procuring or inciting the commission
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of an offence specified in this Part of this Schedule,
              (b)             conspiring to commit an offence so specified, or
              (c)             attempting to commit an offence so specified.
Schedule 13
Section 211

Scottish offences specified for the purposes of section 211(4)
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  1        Rape.
  2        Clandestine injury to women.
  3        Abduction of woman or girl with intent to rape or ravish.
  4        Assault with intent to rape or ravish.
  5        Indecent assault.
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  6        Lewd, indecent or libidinous behaviour or practices.
  7        Shameless indecency.
  8        Sodomy.
  9        An offence under section 170 of the Customs and Excise Management Act
1979 in relation to goods prohibited to be imported under section 42 of the
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Customs Consolidation Act 1876, but only where the prohibited goods
include indecent photographs of persons.



© Parliamentary copyright 2003	Revised 6 March 2003