Criminal Justice Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Schedule 20 — Increase in maximum term for certain summary offences
    261

Official Secrets Act 1989 (c. 6)
  39       In section 10 of the Official Secrets Act 1989 (penalties), in subsection (2), for
“three months” there is substituted “51 weeks”.
Human Organ Transplants Act 1989 (c. 31)
  40       In section 1 of the Human Organ Transplants Act 1989 (prohibition of
5
commercial dealings in human organs), in subsection (5), for “three months”
there is substituted “51 weeks”.
Football Spectators Act 1989 (c. 37)
  41       In section 2 of the Football Spectators Act 1989 (unauthorised attendance at
designated football matches), in subsection (3), for “one month” there is
10
substituted “51 weeks”.
Food Safety Act 1990 (c. 16)
  42       In section 35 of the Food Safety Act 1990 (punishment of offences), in
subsection (1), for “three months” there is substituted “51 weeks”.
Deer Act 1991 (c. 54)
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  43       In section 9 of the Deer Act 1991 (penalties for offences relating to deer), in
subsection (1), for “three months” there is substituted “51 weeks”.
Social Security Administration Act 1992 (c. 5)
  44       In section 112 of the Social Security Administration Act 1992 (false
representations for obtaining benefit etc.), in subsection (2), for “3 months”
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there is substituted “51 weeks”.
Criminal Justice and Public Order Act 1994 (c. 33)
  45      (1)      The Criminal Justice and Public Order Act 1994 is amended as follows.
          (2)      In section 60 (failing to stop), in subsection (8), for “one month” there is
substituted “51 weeks”.
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          (3)      In section 60AA (powers to require removal of disguises), in subsection (7),
for “one month” there is substituted “51 weeks”.
          (4)      In section 61 (power to remove trespasser on land), in subsection (4), for
“three months” there is substituted “51 weeks”.
          (5)      In section 63 (powers to remove persons attending or preparing for a rave),
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in subsection (6), for “three months” there is substituted “51 weeks”.
          (6)      In section 68 (offence of aggravated trespass), in subsection (3), for “three
months” there is substituted “51 weeks”.
          (7)      In section 69 (powers to remove persons committing or participating in
aggravated trespass), in subsection (3), for “three months” there is
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substituted “51 weeks”.

Criminal Justice Bill
Schedule 20 — Increase in maximum term for certain summary offences
    262

London Local Authorities Act 1995 (c. x)
  46       In section 24 of the London Local Authorities Act 1995 (enforcement), in
subsection (1), for “three months” there is substituted “51 weeks”.
Police Act 1996 (c. 16)
  47       In section 89 of the Police Act 1996 (assaults on constables etc.), in subsection
5
(2), for “one month” there is substituted “51 weeks”.
Treasure Act 1996 (c. 24)
  48       In section 8 of the Treasure Act 1996 (duty of finder of treasure to notify
coroner), in subsection (3)(a), for “three months” there is substituted “51
weeks”.
10
Education Act 1996 (c. 56)
  49      (1)      The Education Act 1996 is amended as follows.
          (2)      In section 444 (failure to secure regular attendance at school), in subsection
(8A)(b), for “three months” there is substituted “51 weeks”.
          (3)      In section 559 (prohibition or restriction on employment of children), in
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subsection (4)(b), for “one month” there is substituted “51 weeks”.
Government of Wales Act 1998 (c. 38)
  50       In section 75 of the Government of Wales Act 1998 (witnesses and
documents: supplementary), in subsection (3)(b), for “three months” there is
substituted “51 weeks”.
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Access to Justice Act 1999 (c. 22)
  51       In section 21 of the Access to Justice Act 1999 (misrepresentation etc), in
subsection (2)(b), for “three months” there is substituted “51 weeks”.
Greater London Authority Act 1999 (c. 29)
  52       In section 64 of the Greater London Authority Act 1999 (failure to attend
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proceedings etc), in subsection (2)(b), for “three months” there is substituted
“51 weeks”.
Immigration and Asylum Act 1999 (c. 33)
  53      (1)      The Immigration and Asylum Act 1999 is amended as follows.
          (2)      In section 105 (false representation), in subsection (2), for “three months”
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there is substituted “51 weeks”.
          (3)      In section 108 (failure of sponsor to maintain), in subsection (2), for “3
months” there is substituted “51 weeks”.
Financial Services and Markets Act 2000 (c. 8)
  54      (1)      The Financial Services and Markets Act 2000 is amended as follows.
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Criminal Justice Bill
Schedule 20 — Increase in maximum term for certain summary offences
    263

          (2)      In section 177 (offences), in subsection (6), for “three months” there is
substituted “51 weeks”.
          (3)      In section 352 (offences), in subsection (5), for “three months” there is
substituted “51 weeks”.
Terrorism Act 2000 (c. 11)
5
  55      (1)      The Terrorism Act 2000 is amended as follows.
          (2)      In section 36 (police powers), in subsection (4)(a), for “three months” there is
substituted “51 weeks”.
          (3)      In section 51 (offences in relation to parking), in subsection (6)(a), for “three
months” there is substituted “51 weeks”.
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          (4)      In Schedule 5 (terrorist investigations: information)—
              (a)             in paragraph 3(8)(a), and
              (b)             in paragraph 15(5)(a),
                   for “three months” there is substituted “51 weeks”.
          (5)      In Schedule 7 (ports and border controls), in paragraph 18(2)(a), for “three
15
months” there is substituted “51 weeks”.
Criminal Justice and Police Act 2001 (c. 16)
  56      (1)      The Criminal Justice and Police Act 2001 is amended as follows.
          (2)      In section 25 (enforcement of closure orders)—
              (a)             in subsection (3)(a), for “one month” there is substituted “51 weeks”,
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and
              (b)             in subsections (4) and (5), for “three months” there is substituted “51
weeks”.
          (3)      In section 42 (prevention of intimidation), in subsection (7), for “three
months” there is substituted “51 weeks”.
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Police Reform Act 2002 (c. 30)
  57       In section 46 of the Police Reform Act 2002 (offences against designated and
accredited persons etc.), in subsection (2), for “one month” there is
substituted “51 weeks”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
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  58       In section 137 of the Nationality, Immigration and Asylum Act 2002
(offences relating to the disclosure of information), in subsection (2)(a), for
“three months” there is substituted “51 weeks”.

Criminal Justice Bill
Schedule 21 — Enabling powers: alteration of maximum penalties etc.
    264

Schedule 21
Section 251

Enabling powers: alteration of maximum penalties etc.
Plant Health Act 1967 (c. 8)
  1       (1)      Section 3 of the Plant Health Act 1967 (control of spread of pests in Great
Britain) is amended as follows.
5
          (2)      In subsection (4A), for “three months” there is substituted “the prescribed
term”.
          (3)      After that subsection there is inserted—
              “(4B)                In subsection (4A) above, “the prescribed term” means—
                    (a)                   in relation to England and Wales, 51 weeks,
10
                    (b)                   in relation to Scotland, three months.”
Agriculture Act 1967 (c. 22)
  2       (1)      Section 9 of the Agriculture Act 1967 (powers to meet future developments
in livestock and livestock products industries) is amended as follows.
          (2)      In subsection (10), for “three months” there is substituted “the prescribed
15
term”.
          (3)      After that subsection there is inserted—
              “(10A)                In subsection (10), “the prescribed term” means—
                    (a)                   in relation to England and Wales, 51 weeks,
                    (b)                   in relation to Scotland, three months.”
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European Communities Act 1972 (c. 68)
  3       (1)      Paragraph 1 of Schedule 2 to the European Communities Act 1972
(provisions as to powers conferred by section 2(2)) is amended as follows.
          (2)      In sub-paragraph (1)(d), for “three months” there is substituted “the
prescribed term”.
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          (3)      After sub-paragraph (2) there is inserted—
          “(3)                                   In sub-paragraph (1)(d), “the prescribed term” means—
                      (a)                     in relation to England and Wales, where the offence is a
summary offence, 51 weeks,
                      (b)                     in relation to England and Wales, where the offence is
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triable either way—
                             (i)                            for offences 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), 12
35
months, and
                             (ii)                           for offences committed after that commencement,
18 months or, if less, the maximum term of
imprisonment to which the offender would be
liable on conviction on indictment of the offence,
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Criminal Justice Bill
Schedule 21 — Enabling powers: alteration of maximum penalties etc.
    265

                      (c)                     in relation to Scotland and Northern Ireland, three
months.”
Slaughterhouses Act 1974 (c. 3)
  4        In section 38(5) of the Slaughterhouses Act 1974 (maximum penalties to be
prescribed by regulations), the words “or imprisonment for a term of three
5
months or both” are omitted.
Anatomy Act 1984 (c. 14)
  5       (1)      Section 11 of the Anatomy Act 1984 (offences) is amended as follows.
          (2)      In subsection (7), for “3 months” there is substituted “the prescribed term”.
          (3)      After that subsection there is inserted—
10
              “(7A)                In subsection (7), “the prescribed term” means—
                    (a)                   in relation to England and Wales, 51 weeks,
                    (b)                   in relation to Scotland, 3 months.”
Environmental Protection Act 1990 (c. 43)
  6       (1)      Section 141 of the Environmental Protection Act 1990 (power to prohibit or
15
restrict the importation or exportation of waste) is amended as follows.
          (2)      In paragraph (g) of subsection (5), for “six months” there is substituted “the
prescribed term”.
          (3)      After that subsection there is inserted—
              “(5A)                In subsection (5)(g), “the prescribed term” means—
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                    (a)                   in relation to England and Wales, where the offence is a
summary offence, 51 weeks,
                    (b)                   in relation to England and Wales, where the offence is triable
either way—
                           (i)                          for offences committed before the commencement of
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an order under section 140(a) of the Criminal Justice
Act 2003 (power to increase general limit on
magistrates’ power to impose imprisonment), 12
months, and
                           (ii)                         for offences committed after that commencement, 18
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months or, if less, the maximum term of
imprisonment to which the offender would be liable
on conviction on indictment of the offence,
                    (c)                   in relation to Scotland and Northern Ireland, six months.”
Regulatory Reform Act 2001 (c. 6)
35
  7       (1)      Section 3 of the Regulatory Reform Act 2001 (limitations on order-making
power) is amended as follows.
          (2)      In paragraph (b) of subsection (3), for “six months” there is substituted “the
prescribed term”.
          (3)      After that subsection there is inserted—
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© Parliamentary copyright 2003	Revised 6 March 2003