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“(3A) In subsection (3)(b), “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 triable | |
either way— | 5 |
(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 | |
months, and | 10 |
(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, | |
(c) in relation to Scotland and Northern Ireland, six months.” | 15 |
Schedule 22 | |
Section 252 | |
Increase in penalties for drug-related offences | |
Misuse of Drugs Act 1971 (c. 38) | |
1 (1) Schedule 4 to the Misuse of Drugs Act 1971 (prosecution and punishment of | |
offences) is amended as follows. | 20 |
(2) In column 6 of that Schedule (punishments for offences under that Act | |
committed in relation to Class C drugs), in each of the following entries, for | |
“5 years” there is substituted “14 years”. | |
(3) Those entries are the entries relating to the punishment, on conviction on | |
indictment, of offences under the following provisions of that Act— | 25 |
(a) section 4(2) (production, or being concerned in the production, of a | |
controlled drug), | |
(b) section 4(3) (supplying or offering to supply a controlled drug or | |
being concerned in the doing of either activity by another), | |
(c) section 5(3) (having possession of a controlled drug with intent to | 30 |
supply it to another), | |
(d) section 8 (being the occupier, or concerned in the management, of | |
premises and permitting or suffering certain activities to take place | |
there), | |
(e) section 12(6) (contravention of direction prohibiting practitioner etc | 35 |
from possessing, supplying etc controlled drugs), and | |
(f) section 13(3) (contravention of direction prohibiting practitioner etc | |
from prescribing, supplying etc controlled drugs). | |
Customs and Excise Management Act 1979 (c. 2) | |
2 In Schedule 1 to the Customs and Excise Management Act 1979 (controlled | 40 |
drugs: variation of punishments for certain offences under that Act), in | |
paragraph 2(c) (punishment on conviction on indictment of offences under | |
that Act committed in relation to Class C drugs), for “5 years” there is | |
substituted “14 years”. | |
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Criminal Justice (International Co-operation) Act 1990 (c. 5) | |
3 In section 19 of the Criminal Justice (International Co-operation) Act 1990 | |
(ships used for illicit traffic), in subsection (4)(c)(ii) (punishment on | |
conviction on indictment of offences under that section committed in | |
relation to Class C drugs), for “five years” there is substituted “fourteen | 5 |
years”. | |
Schedule 23 | |
Section 254 | |
Default orders: modification of provisions relating to community orders | |
General | |
1 Any reference to the offender is, in relation to a default order, to be read as | 10 |
a reference to the person in default. | |
Unpaid work requirement | |
2 (1) In its application to a default order, section 181 (unpaid work requirement) | |
is modified as follows. | |
(2) In subsection (2), for paragraphs (a) and (b) there is substituted— | 15 |
“(a) not less than 20 hours, and | |
(b) in the case of an amount in default which is specified in the | |
first column of the following Table, not more than the | |
number of hours set out opposite that amount in the second | |
column | 20 |
| | Amount | Number of | | | | | | Hours | | | | | An amount not exceeding | 40 hours | | | | | £200 | | | | | | An amount exceeding £200 | 60 hours | | 25 | | | but not exceeding £500 | | | | | | An amount exceeding £500 | 100 hours” | | |
|
. | |
(3) Subsection (5) is omitted. | |
Curfew requirement | 30 |
3 (1) In its application to a default order, section 186 (curfew requirement) is | |
modified as follows. | |
(2) After subsection (2) there is inserted— | |
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| |
“(2A) In the case of an amount in default which is specified in the first | |
column of the following Table, the number of days on which the | |
person in default is subject to the curfew requirement must not | |
exceed the number of days set out opposite that amount in the | |
second column. | 5 |
| | Amount | Number of | | | | | | days | | | | | An amount not exceeding | 20 days | | | | | £200 | | | | | | An amount exceeding £200 | 30 days | | 10 | | | but not exceeding £500 | | | | | | An amount exceeding £500 | 60 days | | | | | but not exceeding £1,000 | | | | | | An amount exceeding | 90 days | | | | | £1,000 but not exceeding | | | 15 | | | £2,500 | | | | | | An amount exceeding | 180 days” | | | | | £2,500 | | | |
|
Enforcement, revocation and amendment of default order | |
4 (1) In its application to a default order, Schedule 7 (breach, revocation or | 20 |
amendment of community orders) is modified as follows. | |
(2) Any reference to the offence in respect of which the community order was | |
made is to be taken to be a reference to the default in respect of which the | |
default order was made. | |
(3) Any power of the court to deal with the offender in any way in which it | 25 |
could deal with him if he had just been convicted of the offence is to be taken | |
to be a power to deal with him in any way in which the court which made | |
the default order could deal with him for his default in paying the sum in | |
question. | |
(4) In paragraph 4 the reference to the Crown Court is to be taken as a reference | 30 |
to a magistrates’ court. | |
(5) The following provisions are omitted— | |
(a) paragraph 9(1)(c), (5) and (8), | |
(b) paragraph 12, | |
(c) paragraph 13(5), | 35 |
(d) paragraph 15, | |
(e) paragraph 17(5), | |
(f) paragraph 21(4), and | |
(g) paragraph 23(2)(b). | |
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Power to alter numbers of hours or days | |
5 The Secretary of State may by order amend paragraph 2 or 3 by substituting | |
for any number of hours or days there specified such other number as may | |
be specified in the order. | |
Transfer of default orders to Scotland or Northern Ireland | 5 |
6 In its application to a default order, Schedule 8 (transfer of community | |
orders to Scotland or Northern Ireland) is modified as follows. | |
7 After paragraph 8 there is inserted— | |
“8A Nothing in paragraph 8 affects the application of section 254(7) to | |
a default order made or amended in accordance with paragraph 1 | 10 |
or 3.” | |
8 In paragraph 10, for paragraphs (a) and (b) there is substituted— | |
“(a) section 232(2)(b), 233, 239(5)(a) or (b), 240(1)(c) or (d), or 240 of, or | |
paragraph 1 of Schedule 6 to, the Criminal Procedure (Scotland) | |
Act 1995; | 15 |
(b) paragraph 3(1)(a) or (d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the | |
Criminal Justice (Northern Ireland) Order 1996; and”. | |
Schedule 24 | |
Section 258 | |
Amendments relating to sentencing | |
Part 1 | 20 |
General | |
Piracy Act 1837 (c. 88) | |
1 Section 3 of the Piracy Act 1837 (punishment for offence under certain | |
repealed Acts relating to piracy) shall cease to have effect. | |
Children and Young Persons Act 1933 (c. 12) | 25 |
2 (1) Section 49 of the Children and Young Persons Act 1933 (restrictions on | |
reports of proceedings in which young persons are concerned) is amended | |
as follows. | |
(2) In subsection (4A)(d), for “section 62(3) of the Powers of Criminal Courts | |
(Sentencing) Act 2000” there is substituted “section 204(1)(d) or (e) of the | 30 |
Criminal Justice Act 2003”. | |
(3) In subsection (11)— | |
(a) in the definition of “sexual offence”, for “has the same meaning as in | |
the Powers of Criminal Courts (Sentencing) Act 2000” there is | |
substituted “means an offence listed in Part 2 of Schedule 12 to the | 35 |
Criminal Justice Act 2003”, and | |
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(b) in the definition of “violent offence”, for “has the same meaning as in | |
the Powers of Criminal Courts (Sentencing) Act 2000” there is | |
substituted “means an offence listed in Part 1 of Schedule 12 to the | |
Criminal Justice Act 2003”. | |
Prison Act 1952 (c. 52) | 5 |
3 In section 53 of the Prison Act 1952 (interpretation), for “section 62 of the | |
Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | |
“section 203 of the Criminal Justice Act 2003”. | |
Children and Young Persons Act 1963 | |
4 In section 16 of the Children and Young Persons Act 1963 (offences | 10 |
committed by children), in subsection (3), after “sentences)” there is inserted | |
“or Chapter 5 of Part 12 of the Criminal Justice Act 2003 (dangerous | |
offenders)”. | |
Criminal Justice Act 1967 (c.80) | |
5 The Criminal Justice Act 1967 is amended as follows. | 15 |
6 In section 32 (amendments of costs in Criminal Cases Act 1952), in | |
subsection (3)(a), for “make an order under paragraph 5 of Schedule 2 to the | |
Powers of Criminal Courts (Sentencing) Act 2000 (probation orders | |
requiring treatment for mental condition) or” there is substituted “include in | |
a community order (within the meaning of Part 12 of the Criminal Justice | 20 |
Act 2003) a mental health requirement under section 189 of that Act or make | |
an order under”. | |
7 In section 104 (general provisions as to interpretation)_ | |
(a) in subsection (1), the definition of “suspended sentence” is omitted, | |
and | 25 |
(b) subsection (2) is omitted. | |
Criminal Appeal Act 1968 (c. 19) | |
8 The Criminal Appeal Act 1968 is amended as follows. | |
9 (1) Section 10 (appeal against sentence in cases dealt with by Crown Court | |
otherwise than on conviction on indictment) is amended as follows. | 30 |
(2) In subsection (2) — | |
(a) in paragraph (b), for “or a community order within the meaning of | |
the Powers of Criminal Courts (Sentencing) Act 2000” there is | |
substituted “a youth community order within the meaning of the | |
Powers of Criminal Courts (Sentencing) Act 2000 or a community | 35 |
order within the meaning of Part 12 of the Criminal Justice Act 2003”, | |
and | |
(b) paragraph (c) and the word “or” immediately preceding it are | |
omitted. | |
(3) In subsection (3)(c), for paragraph (iii) there is substituted— | 40 |
“(iii) an order under paragraph 7(2)(a) or (b) of Schedule 10 to the | |
Criminal Justice Act 2003 (powers of court on breach of | |
| |
| |
|
| |
| |
community requirement or conviction of further offence in | |
relation to suspended sentence);”. | |
10 In section 11 (supplementary provisions as to appeal against sentence), | |
subsection (4) is omitted. | |
11 In Schedule 2 (procedural and other provisions applicable on order for | 5 |
retrial), in paragraph 2(4), for the words from the beginning to “apply” there | |
is substituted “Section 222 of the Criminal Justice Act 2003 (crediting of | |
periods of remand in custody: terms of imprisonment and detention) shall | |
apply”. | |
Firearms Act 1968 (c. 27) | 10 |
12 The Firearms Act 1968 is amended as follows. | |
13 (1) Section 21 (possession of firearms by persons previously convicted of crime) | |
is amended as follows. | |
(2) In subsection (2A), after paragraph (c) there is inserted— | |
“(d) in the case of a person who has been subject to a sentence of | 15 |
imprisonment to which an intermittent custody order under | |
section 167(1)(b) of the Criminal Justice Act 2003 relates, the | |
date of his final release.” | |
(3) After subsection (2A) there is inserted— | |
“(2B) A person who is serving a sentence of imprisonment to which an | 20 |
intermittent custody order under section 167 of the Criminal Justice | |
Act 2003 relates shall not during any licence period specified for the | |
purposes of subsection (1)(b)(i) of that section have a firearm or | |
ammunition in his possession.”. | |
(4) In subsection (3)(b), for “probation order” there is substituted “community | 25 |
order”. | |
(5) After subsection (3) there is inserted— | |
“(3ZA) In subsection (3)(b) above, “community order” means— | |
(a) a community order within the meaning of Part 12 of the | |
Criminal Justice Act 2003 made in England and Wales, or | 30 |
(b) a probation order made in Scotland.” | |
(6) In subsection (6), after “(2)” there is inserted “, (2B)”. | |
14 (1) Section 52 (forfeiture and disposal of firearms; cancellation of certificate by | |
convicting court) is amended as follows. | |
(2) In subsection (1)(c), for “probation order” there is substituted “community | 35 |
order”. | |
(3) After subsection (1) there is inserted — | |
“(1A) In subsection (1)(c) “community order” means— | |
(a) a community order within the meaning of Part 12 of the | |
Criminal Justice Act 2003 made in England and Wales, or | 40 |
(b) a probation order made in Scotland.” | |
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Social Work (Scotland) Act 1968 (c. 49) | |
15 In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in the | |
definition of “probation order” in subsection (1), for “community | |
rehabilitation order” there is substituted “community order within the | |
meaning of Part 12 of the Criminal Justice Act 2003”. | 5 |
Children and Young Persons Act 1969 (c. 54) | |
16 In section 23 of the Children and Young Persons Act 1969 (remands and | |
committals to local authority accommodation), for the definition of “sexual | |
offence” and “violent offence” in subsection (12) there is substituted— | |
“sexual offence” means an offence specified in Part 2 of Schedule 11 to | 10 |
the Criminal Justice Act 2003; | |
“violent offence” means murder or an offence specified in Part 1 of | |
Schedule 11 to the Criminal Justice Act 2003;”. | |
Immigration Act 1971 (c. 77) | |
17 In section 7 of the Immigration Act 1971 (exemption from deportation for | 15 |
certain existing residents), in subsection (4), for “section 67 of the Criminal | |
Justice Act 1967” there is substituted “section 222 of the Criminal Justice Act | |
2003”. | |
Thames Barrier and Flood Prevention Act 1972 (c. xiv) | |
18 In section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders | 20 |
for carrying out certain defence works), in subsection (3)(a)(ii), for “six | |
months” there is substituted “12 months”. | |
Rehabilitation of Offenders Act 1974 (c. 53) | |
19 (1) Section 5 of the Rehabilitation of Offenders Act 1974(rehabilitation periods | |
for particular offences) is amended as follows. | 25 |
(2) In subsection (1)— | |
(a) at the end of paragraph (e), there is inserted “and”, and | |
(b) after that paragraph, there is inserted the following paragraph— | |
“(f) a sentence of imprisonment for public protection | |
under section 207 of the Criminal Justice Act 2003, a | 30 |
sentence of detention for public protection under | |
section 208 of that Act or an extended sentence under | |
section 209 or 210 of that Act” | |
(3) In subsection (4A), after the words “probation order” there is inserted “or a | |
community order under section 161 of the Criminal Justice Act 2003”. | 35 |
Armed Forces Act 1976 (c. 52) | |
20 (1) Section 8 of the Armed Forces Act 1976 (powers of Standing Civilian Courts | |
in relation to civilians) is amended as follows. | |
(2) In subsection (1)(a), for “six months” there is substituted “twelve months”. | |
(3) In subsection (2), for “12 months” there is substituted “65 weeks”. | 40 |
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