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(4) At the end there is inserted— | |
“(5) The Secretary of State may by order made by statutory instrument— | |
(a) amend subsection (1)(a) by substituting for the reference to 12 | |
months a reference to 18 months, and | |
(b) amend subsection (2) by substituting for the reference to 65 | 5 |
weeks a reference to 24 months. | |
(6) Section 272(4) of the Criminal Justice Act 2003 (power to make | |
supplementary provision etc.) applies in relation to an order under | |
subsection (5) as it applies in relation to an order under section 140 | |
of that Act (power to increase limits on sentencing powers of | 10 |
magistrates’ courts). | |
(7) A statutory instrument containing an order under subsection (5) may | |
only be made if a draft of the statutory instrument has been laid | |
before, and approved by a resolution of, each House of Parliament.” | |
Bail Act 1976 (c. 63) | 15 |
21 The Bail Act 1976 is amended as follows. | |
22 (1) Section 2 (other definitions) is amended as follows. | |
(2) In subsection (1)(d)— | |
(a) the words “placing the offender on probation or” are omitted, and | |
(b) for “him” there is substituted “the offender”. | 20 |
(3) In subsection (2), in the definition of “probation hostel”, for the words from | |
“by” onwards there is substituted “by a community order under section 161 | |
of the Criminal Justice Act 2003”. | |
23 In section 4 (general right to bail of accused persons and others), in | |
subsection (3), for the words from “Part II” onwards there is substituted | 25 |
“Part 2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement | |
of order)”. | |
24 In Part 3 of Schedule 1 (interpretation), in the definition of “default” in | |
paragraph 4, for the words from “Part II” onwards there is substituted “Part | |
2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement of | 30 |
order)”. | |
Criminal Law Act 1977 (c. 45) | |
25 In section 3 of the Criminal Law Act 1977 (penalties for conspiracy), in | |
subsection (1), for “section 127 of the Powers of Criminal Courts | |
(Sentencing) Act 2000” there is substituted “section 148 of the Criminal | 35 |
Justice Act 2003”. | |
Magistrates’ Courts Act 1980 (c. 43) | |
26 The Magistrates’ Courts Act 1980 is amended as follows. | |
27 In section 11 (non appearance of accused), in subsection (3), for “section 119 | |
of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | 40 |
“paragraph 7(2)(a) or (b) of Schedule 10 to the Criminal Justice Act 2003”. | |
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28 In section 33 (maximum penalties on summary conviction in pursuance of | |
section 22), in subsection (1)(a), for “3 months” there is substituted “51 | |
weeks”. | |
29 In section 85 (power to remit fine), in subsection (2A), for “section 35(2)(a) or | |
(b) of the Crime (Sentences) Act 1997” there is substituted “section 254(2) of | 5 |
the Criminal Justice Act 2003”. | |
30 In section 133 (consecutive terms of imprisonment), in subsection (1), for | |
“Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act | |
2000,” there is substituted “Subject to section 242 of the Criminal Justice Act | |
2003,”. | 10 |
Public Passenger Vehicles Act 1981 (c. 14) | |
31 (1) In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary | |
provisions as to qualifications for PSV operators licence), paragraph 1 is | |
amended as follows. | |
(2) In sub-paragraph (4)(a), for “a community service order for more than sixty | 15 |
hours” there is substituted “a community order requiring the offender to | |
perform unpaid work for more than sixty hours”. | |
(3) In sub-paragraph (6), for the words from ““a community” onwards there is | |
substituted ““a community order” means an order under section 161 of the | |
Criminal Justice Act 2003, a community punishment order made before the | 20 |
commencement of that section or a community service order under the | |
Community Service by Offenders (Scotland) Act 1978”. | |
Criminal Attempts Act 1981 (c. 47) | |
32 In section 4 of the Criminal Attempts Act 1981 (trials and penalties), in | |
subsection (5)(b), for sub-paragraph (ii) there is substituted— | 25 |
“(ii) in section 138(1) and (2) (general limit on magistrates’ court’s | |
powers to impose imprisonment) of the Criminal Justice Act | |
2003.”. | |
Criminal Justice Act 1982 (c. 48) | |
33 The Criminal Justice Act 1982 is amended as follows. | 30 |
34 In section 32 (early release of prisoners), in subsection (1)(a), after “life” there | |
is inserted “, imprisonment for public protection under section 207 of the | |
Criminal Justice Act 2003 or an extended sentence under section 209 of that | |
Act”. | |
35 (1) Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland): persons | 35 |
residing in England and Wales or Scotland) is amended as follows. | |
(2) In paragraph 7— | |
(a) in sub-paragraph (2)(b), for “such orders” there is substituted “an | |
unpaid work requirement of a community order (within the | |
meaning of Part 12 of the Criminal Justice Act 2003)”, and | 40 |
(b) in sub-paragraph (3)(b), for the words from “community service | |
orders” onwards there is substituted “community orders within the | |
meaning of Part 12 of the Criminal Justice Act 2003 conferred on | |
responsible officers by that Part of that Act.”. | |
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(3) For paragraph 9(3) there is substituted— | |
“(3) Subject to the following provisions of this paragraph— | |
(a) a community service order made or amended in the circumstances | |
specified in paragraph 7 above shall be treated as if it were a | |
community order made in England and Wales under section 161 of | 5 |
the Criminal Justice Act 2003 and the provisions of Part 12 of that Act | |
(so far as relating to such orders) shall apply accordingly; and | |
(b) a community service order made or amended in the circumstances | |
specified in paragraph 8 above shall be treated as if it were a | |
community service order made in Scotland and the legislation | 10 |
relating to community service orders in Scotland shall apply | |
accordingly.” | |
(4) In paragraph 9(4)(a), after “community service orders” there is inserted “or, | |
as the case may be, community orders (within the meaning of Part 12 of the | |
Criminal Justice Act 2003)”. | 15 |
(5) In paragraph 9(5), after “a community service order” there is inserted “or, as | |
the case may be, a community order (within the meaning of Part 12 of the | |
Criminal Justice Act 2003)”. | |
(6) In paragraph 9(6)— | |
(a) after “community service orders”, where first occurring, there is | 20 |
inserted “or, as the case may be, community orders (within the | |
meaning of Part 12 of the Criminal Justice Act 2003)”, and | |
(b) in paragraph (b)(i), for “the Powers of Criminal Courts (Sentencing) | |
Act 2000” there is substituted “Part 12 of the Criminal Justice Act | |
2003”. | 25 |
Mental Health Act 1983 (c.20) | |
36 The Mental Health Act 1983 is amended as follows. | |
37 In section 37 (powers of courts to order hospital admission or | |
guardianship)— | |
(a) in subsection (1), the words “or falls to be imposed under section | 30 |
109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are | |
omitted, | |
(b) in subsection (1A), after “2000” there is inserted “or under any of | |
sections 207 to 210 of the Criminal Justice Act 2003”, and for “that | |
subsection” there is substituted “that section”, | 35 |
(c) in subsection (1B), the word “109(2),” is omitted, and | |
(d) in subsection (8), for “probation order” there is substituted | |
“community order (within the meaning of Part 12 of the Criminal | |
Justice Act 2003)”. | |
38 In section 45A (powers of higher courts to direct hospital admission), in | 40 |
subsection (1)(b), the words from “except” to “1997” are omitted. | |
Police and Criminal Evidence Act 1984 (c. 60) | |
39 In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody | |
officer after charge), for the definitions of “sexual offence” and “violent | |
offence” in subsection (6A) there is substituted— | 45 |
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““sexual offence” means an offence specified in Part 2 of Schedule 12 to | |
the Criminal Justice Act 2003; | |
“violent offence” means murder or an offence specified in Part 1 of that | |
Schedule;”. | |
Criminal Justice Act 1988 (c. 33) | 5 |
40 The Criminal Justice Act 1988 is amended as follows. | |
41 In section 36 (reviews of sentencing), in subsection (2)— | |
(a) the words “109(2),” are omitted, and | |
(b) at the end there is inserted “or by section 207, 208, 209 or 210 of the | |
Criminal Justice Act 2003.”. | 10 |
42 In section 50 (suspended and partly suspended sentences on certain civilians | |
in courts-martial and Standing Civilian Courts), in subsection (3)(b)(i), for | |
“Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | |
“Criminal Justice Act 2003”. | |
Road Traffic Act 1988 (c. 52) | 15 |
43 In section 164 of the Road Traffic Act 1988 (power of constables to require | |
production of driving licence and in certain cases statement of date of birth), | |
in subsection (5), for “section 40 of the Crime (Sentences) Act 1997” there is | |
substituted “section 255 of the Criminal Justice Act 2003”. | |
Road Traffic Offenders Act 1988 (c. 53) | 20 |
44 The Road Traffic Offenders Act 1988 is amended as follows. | |
45 In section 27 (production of licence), in subsection (3), for “section 40 of the | |
Crime (Sentences) Act 1997” there is substituted “section 255 of the Criminal | |
Justice Act 2003”. | |
46 In section 46 (combination of disqualification and endorsement with | 25 |
probation orders and orders for discharge), in subsection (1), paragraph (a) | |
and the word “or” following it shall cease to have effect. | |
Football Spectators Act 1989 (c. 37) | |
47 The Football Spectators Act 1989 is amended as follows. | |
48 In section 7 (disqualification for membership of scheme), subsection (9) is | 30 |
omitted. | |
49 In section 14E (banning orders: general), after subsection (6) there is | |
inserted— | |
“(7) A person serving a sentence of imprisonment to which an | |
intermittent custody order under section 167 of the Criminal Justice | 35 |
Act 2003 relates is to be treated for the purposes of this section as | |
having been detained in legal custody until his final release; and | |
accordingly any reference in this section to release is, in relation to a | |
person serving such a sentence, a reference to his final release.” | |
50 In section 18 (information), after subsection (4) there is inserted— | 40 |
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