|
| |
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“(5) In relation to a person serving a sentence of imprisonment to which | |
an intermittent custody order under section 167 of the Criminal | |
Justice Act 2003 relates, any reference in this section to his detention | |
or to his release shall be construed in accordance with section | |
14E(7).” | 5 |
Children Act 1989 (c. 41) | |
51 The Children Act 1989 is amended as follows. | |
52 (1) Section 68 (persons disqualified from being foster parents) is amended as | |
follows. | |
(2) In subsection (2)(d), the words “a probation order has been made in respect | 10 |
of him or he has been” are omitted. | |
(3) After subsection (2) there is inserted— | |
“(2A) A conviction in respect of which a probation order was made before | |
1st October 1992 (which would not otherwise be treated as a | |
conviction) is to be treated as a conviction for the purposes of | 15 |
subsection (2)(d).” | |
53 (1) In Schedule 9A (child minding and day care for young children), paragraph | |
4 is amended as follows. | |
(2) In paragraph (2)(g), the words “placed on probation or” are omitted. | |
(3) At the end there is inserted— | 20 |
“(7) A conviction in respect of which a probation order was made before | |
1st October 1992 (which would not otherwise be treated as a | |
conviction) is to be treated as a conviction for the purposes of this | |
paragraph.”. | |
Criminal Justice Act 1991 (c. 53) | 25 |
54 The Criminal Justice Act 1991 is amended as follows. | |
55 Section 65 (supervision of young offenders after release) is omitted. | |
56 (1) Schedule 3 (reciprocal enforcement of certain orders) is amended as follows. | |
(2) In paragraph 10(3)(d), for the words from “paragraph 3 of Schedule 2” | |
onwards there is substituted “section 183 of the Criminal Justice Act 2003”. | 30 |
(3) In paragraph 11(2) — | |
(a) in paragraph (a)— | |
(i) for “probation order” there is substituted “community | |
order”, and | |
(ii) after “England and Wales” there is inserted “under section | 35 |
161 of the Criminal Justice Act 2003”, and | |
(b) for paragraph (b) there is substituted— | |
“(b) the provisions of Part 12 of that Act (so far as | |
relating to such orders) shall apply accordingly.”. | |
(4) In paragraph 11(3), for paragraphs (a) and (b) there is substituted— | 40 |
“(a) the requirements of Part 12 of the Criminal Justice Act 2003 | |
relating to community orders (within the meaning of that | |
Part); | |
| |
| |
|
| |
| |
(b) the powers of the home court under Schedule 7 to that Act, | |
as modified by this paragraph; and”. | |
(5) In paragraph 11(4), for the words from “probation order made by a court” | |
onwards there is substituted “community order made by a court in England | |
and Wales under section 161 of the Criminal Justice Act 2003, except a power | 5 |
conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 7 to that Act”. | |
(6) In paragraph 11(5), for “the Powers of Criminal Courts (Sentencing) Act | |
2000” there is substituted “Part 12 of the Criminal Justice Act 2003”. | |
Aggravated Vehicle-Taking Act 1992 (c. 11) | |
57 In section 1 of the Aggravated Vehicle-Taking Act 1992 (new offence of | 10 |
aggravated vehicle taking), in subsection (2)(a), for “section 127 of the | |
Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | |
“section 148 of the Criminal Justice Act 2003”. | |
Criminal Justice and Public Order Act 1994 (c. 33) | |
58 In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for | 15 |
defendants charged with or convicted of homicide or rape after previous | |
conviction of such offences), in subsection 3(c)— | |
(a) the words “placing the offender on probation or” are omitted, and | |
(b) for “him” there is substituted “the offender”. | |
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) | 20 |
59 (1) In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 | |
(qualifications for standard licence), paragraph 3 is amended as follows. | |
(2) In sub-paragraph (2)(a), for “exceeding three months” there is substituted | |
“of 12 months or more or, before the commencement of section 165 of the | |
Criminal Justice Act 2003, a term exceeding 3 months”. | 25 |
(3) In sub-paragraph (2)(c), for “community service order” there is substituted | |
“community order”. | |
(4) For sub-paragraph (3)(b), there is substituted— | |
“(b) “community order” means a community order under | |
section 161 of the Criminal Justice Act 2003, a community | 30 |
punishment order made under section 46 of the Powers of | |
Criminal Courts (Sentencing) Act 2000 or a community | |
service order under the Community Service by Offenders | |
(Scotland) Act 1978.”. | |
Criminal Procedure (Scotland) Act 1995 (c. 46) | 35 |
60 The Criminal Procedure (Scotland) Act 1995 is amended as follows. | |
61 (1) Section 234 (probation orders: persons residing in England and Wales) is | |
amended as follows. | |
(2) For subsection (2) there is substituted— | |
“(2) Subsection (1) above applies to any probation order made under | 40 |
section 228 unless the order includes requirements which are more | |
onerous than those which a court in England and Wales could | |
| |
| |
|
| |
| |
impose on an offender under section 161 of the Criminal Justice Act | |
2003.” | |
(3) In subsection (4)— | |
(a) in paragraph (a)— | |
(i) for “paragraph 5(3) of Schedule 2 to the 2000 Act” there is | 5 |
substituted “section 189(2) of the Criminal Justice Act 2003”, | |
(ii) for “or, as the case may be, community rehabilitation orders” | |
there is substituted “or, as the case may be, community | |
orders under Part 12 of that Act”, and | |
(iii) for “paragraph 5 of the said Schedule 2” there is substituted | 10 |
“section 189 of the Criminal Justice Act 2003”, and | |
(b) in paragraph (b), for “sub-paragraphs (5) to (7) of the said paragraph | |
5” there is substituted “sections 189(4) and 190(1) and (2) of the | |
Criminal Justice Act 2003”. | |
(4) In subsection (5), for “Schedule 3” onwards there is substituted “Schedule 7 | 15 |
to the Criminal Justice Act 2003 shall apply as if it were a community order | |
made under section 161 of that Act”. | |
(5) In subsection (6)— | |
(a) for “Schedule 3 to the 2000 Act” there is substituted “Schedule 7 to | |
the Criminal Justice Act 2003”, | 20 |
(b) for “sub-paragraphs (4) and (5) of paragraph 4” there is substituted | |
“sub-paragraphs (6) and (7) of paragraph 9”, and | |
(c) for “sub-paragraph (4)” there is substituted “sub-paragraph (6)”. | |
(6) In subsection (10)— | |
(a) for the words from “paragraph 6” to “community rehabilitation | 25 |
orders” there is substituted “paragraph 8 of Schedule 8 (which | |
relates to community orders”, and | |
(b) for “an order made under section 41” there is substituted “a | |
community order made under Part 12”. | |
62 In section 242 (community service orders: persons residing in England and | 30 |
Wales)— | |
(a) in subsection (1)— | |
(i) in paragraph (a)(ii), for “community punishment order” | |
there is substituted “under an unpaid work requirement | |
imposed by a community order (within the meaning of Part | 35 |
12 of the Criminal Justice Act 2003)”, and | |
(ii) in paragraph (a)(iii), for “community punishment orders | |
made under section 46 of the Powers of Criminal Courts | |
(Sentencing) Act 2000” there is substituted “unpaid work | |
requirements imposed by community orders made under | 40 |
section 161 of the Criminal Justice Act 2003”, | |
(b) in subsection (2)(b), for “community punishment orders made under | |
section 46 of the Powers of Criminal Courts (Sentencing) Act 2000” | |
there is substituted “unpaid work requirements imposed by | |
community orders made under section 161 of the Criminal Justice | 45 |
Act 2003”, and | |
(c) in subsection (3)(b), for “the Powers of Criminal Courts (Sentencing) | |
Act 2000” there is substituted “Part 12 of the Criminal Justice Act | |
2003”. | |
| |
| |
|
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63 In section 244 (community service orders: provisions relating to persons | |
living in England and Wales or Northern Ireland)— | |
(a) in subsection (3)(a)— | |
(i) for “community punishment order” there is substituted | |
“community order (within the meaning of Part 12 of the | 5 |
Criminal Justice Act 2003)”, and | |
(ii) for “community punishment orders” there is substituted | |
“such community orders”, | |
(b) in subsection (4)(a), for “community punishment orders” there is | |
substituted “community orders (within the meaning of Part 12 of the | 10 |
Criminal Justice Act 2003)”, | |
(c) in subsection (5), for “community punishment order” there is | |
substituted “a community order (within the meaning of Part 12 of the | |
Criminal Justice Act 2003)”, and | |
(d) in subsection (6)— | 15 |
(i) for “community punishment orders”, where first occurring, | |
there is substituted “community orders (within the meaning | |
of Part 12 of the Criminal Justice Act 2003)”, and | |
(ii) in paragraph (b)(ii), for “the Powers of Criminal Courts | |
(Sentencing) Act 2000” there is substituted “Part 12 of the | 20 |
Criminal Justice Act 2003”. | |
Education Act 1996 (c. 56) | |
64 In section 562 of the Education Act 1996 (Act not to apply to persons | |
detained under order of a court), for “probation order” there is substituted | |
“community order under section 161 the Criminal Justice Act 2003”. | 25 |
Crime (Sentences) Act 1997 (c. 43) | |
65 The Crime (Sentences) Act 1997 is amended as follows. | |
66 In section 31 (duration and conditions of licences), in subsection (6), for | |
“section 46(3) of the 1991 Act” there is substituted “section 238(2) of the | |
Criminal Justice Act 2003”. | 30 |
Sex Offenders Act 1997 (c. 51) | |
67 In section 6(1) of the Sex Offenders Act 1997, in paragraph (a) of the | |
definition of “community order”, after “2000” there is inserted “(as that Act | |
had effect before the passing of the Criminal Justice Act 2003)”. | |
Crime and Disorder Act 1998 (c. 37) | 35 |
68 The Crime and Disorder Act 1998 is amended as follows. | |
69 In section 18 (interpretation etc. of Chapter 1)— | |
(a) after the definition of “responsible officer” in subsection (1) there is | |
inserted— | |
“ “serious harm” shall be construed in accordance with section | 40 |
206 of the Criminal Justice Act 2003;”; and | |
(b) subsection (2) is omitted. | |
70 (1) Section 38 (local provision of youth justice services) is amended as follows. | |
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(2) In subsection (4)(g), for “probation order, a community service order or a | |
combination order” there is substituted “community order under section 161 | |
of the Criminal Justice Act 2003”. | |
(3) In subsection (4)(i), after “1997 Act”)” there is inserted “or by virtue of | |
conditions imposed under section 231 of the Criminal Justice Act 2003”. | 5 |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | |
71 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. | |
72 (1) Section 6 (committal for sentence in certain cases where offender committed | |
in respect of another offence) is amended as follows. | |
(2) In subsection (3)(b), for “section 120(1) below” there is substituted | 10 |
“paragraph 10(1) of Schedule 10 to the Criminal Justice Act 2003”. | |
(3) For subsection (4)(e), there is substituted— | |
“(e) paragraph 10(2) of Schedule 10 to the Criminal Justice Act | |
2003 (committal to Crown Court where offender convicted | |
during operational period of suspended sentence).”. | 15 |
73 In section 7 (power of Crown Court on committal for sentence under section | |
6), in subsection (2), for “section 119 below” there is substituted “paragraphs | |
7 and 8 of Schedule 10 to the Criminal Justice Act 2003”. | |
74 In section 12 (absolute and conditional discharge)— | |
(a) in subsection (1) for “109(2), 110(2) or 111(2) below” there is | 20 |
substituted “section 110(2) or 111(2) below or section 207, 208, 209 or | |
210 of the Criminal Justice Act 2003)”, and | |
(b) subsection (4) (duty to explain effect of order for conditional | |
discharge) is omitted. | |
75 In the heading to Part 4, and the heading to Chapter 1 of that Part, for | 25 |
“COMMUNITY ORDERS” there is substituted “YOUTH COMMUNITY | |
ORDERS”. | |
76 For section 33 there is substituted— | |
“33 Meaning of “youth community order” and “community sentence” | |
(1) In this Act “youth community order” means any of the following | 30 |
orders— | |
(a) a curfew order; | |
(b) an exclusion order; | |
(c) an attendance centre order; | |
(d) a supervision order; | 35 |
(e) an action plan order. | |
(2) In this Act “community sentence” means a sentence which consists | |
of or includes— | |
(a) a community order under section 161 of the Criminal Justice | |
Act 2003, or | 40 |
(b) one or more youth community orders.” | |
77 (1) Section 36B (electronic monitoring of requirements in community orders) is | |
amended as follows. | |
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| |
|
| |
| |
(2) In the heading for “community orders” there is substituted “youth | |
community orders”, and | |
(3) In subsection (1)— | |
(a) for “to (4)” there is substituted “and (3)”, and | |
(b) for “community order” there is substituted “youth community | 5 |
order”. | |
(4) In subsection (2) and (6)(a), for “community order” there is substituted | |
“youth community order”. | |
78 (1) Section 37 (curfew orders) is amended as follows. | |
(2) In subsection (1)— | 10 |
(a) after the word “person” there is inserted “aged under 16”, and | |
(b) for “sections 34 to 36 above” there is substituted “sections 132, 134 | |
and 141 of the Criminal Justice Act 2003”. | |
(3) In subsection (3)(a), for “six” there is substituted “three”. | |
(4) In subsection (5), for “community order” there is substituted “youth | 15 |
community order”. | |
(5) Subsection (10) is omitted. | |
79 In section 39 (breach, revocation and amendment of curfew orders), for | |
“community orders” there is substituted “youth community orders”. | |
80 In section 40 (curfew orders: supplementary), in subsection (3), for | 20 |
“paragraphs 2A(4) and (5) and” there is substituted “paragraph”. | |
81 (1) Section 40A (exclusion orders) is amended as follows. | |
(2) In subsection (1)— | |
(a) after “person” there is inserted “aged under 16”, | |
(b) for “sections 34 to 36 above” there is substituted “sections 132, 134 | 25 |
and 141 of the Criminal Justice Act 2003”, and | |
(c) for “two years” there is substituted “three months”. | |
(3) In subsection (5), for “community order” there is substituted “youth | |
community order”. | |
(4) Subsection (10) is omitted. | 30 |
82 In section 40B (breach, revocation and amendment of exclusion orders), for | |
“community orders” there is substituted “youth community orders”. | |
83 (1) Section 60 (attendance centre orders) is amended as follows. | |
(2) In subsection (1)— | |
(a) in paragraph (a), for “sections 34 to 36 above” there is substituted | 35 |
“sections 132, 134 and 141 of the Criminal Justice Act 2003” and for | |
“21” there is substituted “16”, and | |
(b) in paragraph (b), for “21” there is substituted “16”, and | |
(c) paragraph (c) and the word “or” immediately preceding it are | |
omitted. | 40 |
(3) In subsection (4), for paragraphs (a) and (b) there is substituted “shall not | |
exceed 24”. | |
(4) In subsection (7), for “community order” there is substituted “youth | |
community order”. | |
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84 In section 63 (supervision orders), in subsection (1), for “sections 34 to 36 | |
above” there is substituted “sections 132, 134 and 141 of the Criminal Justice | |
Act 2003”. | |
85 (1) Section 69 (action plan orders) is amended as follows. | |
(2) In subsection (1), for “sections 34 to 36 above” there is substituted “sections | 5 |
132, 134 and 141 of the Criminal Justice Act 2003”, and | |
(3) In subsection (5)(b), for “a community rehabilitation order, a community | |
punishment order, a community punishment and rehabilitation order,” | |
there is substituted “a community order under section 161 of the Criminal | |
Justice Act 2003”. | 10 |
(4) Subsection (11) is omitted. | |
86 In section 70 (requirements which may be included in action plan orders and | |
directions), in subsection (5)(a), after the word “other” there is inserted | |
“youth community order or any”. | |
87 (1) Section 73 (reparation orders) is amended as follows. | 15 |
(2) In subsection (4)(b), for “a community punishment order, a community | |
punishment and rehabilitation order,” there is substituted “a community | |
order under section 161 of the Criminal Justice Act 2003”. | |
(3) Subsection (7) is omitted. | |
88 In section 74 (requirements and provisions of reparation order, and | 20 |
obligations of person subject to it), in subsection (3)(a), after “community | |
order” there is inserted “or any youth community order”. | |
89 In section 82A (determination of tariffs), in subsection (3)(c), for “sections | |
33(2) and 35(1) of the Criminal Justice Act 1991” there is substituted “section | |
226(1) of the Criminal Justice Act 2003”. | 25 |
90 (1) Section 91 (offenders under 18 convicted of certain serious offences) is | |
amended as follows. | |
(2) In subsection (3), for “none of the other methods in which the case may | |
legally be dealt with” there is substituted “neither a community sentence nor | |
a detention and training order”. | 30 |
(3) In subsection (4), for “section 79 and 80 above” there is substituted “section | |
136 and 137 of the Criminal Justice Act 2003”. | |
91 (1) Section 100 (detention and training orders) is amended as follows. | |
(2) In subsection (1)— | |
(a) for the words from the beginning to “subsection (2)” there is | 35 |
substituted “Subject to sections 90 and 91 above, sections 208 and 210 | |
of the Criminal Justice Act 2003, and subsection (2)”, and | |
(b) for paragraph (b) there is substituted— | |
“(b) that subsection (2) of section 136 of the Criminal | |
Justice Act 2003 applies or the case falls within | 40 |
subsection (3) of that section,”. | |
(3) Subsection (4) is omitted. | |
92 In section 110 (required custodial sentence for third class A drug trafficking | |
offence), subsection (3) is omitted. | |
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