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93 In section 111 (minimum of three years for third domestic burglary) | |
subsection (3) is omitted. | |
94 Sections 116 and 117 (return to prison etc. where offence committed during | |
original sentence) shall cease to have effect. | |
95 In section 130 (compensation orders against convicted persons), in | 5 |
subsection (2), for “109(2), 110(2) or 111(2) above,” there is substituted | |
“110(2) or 111(2) above or section 207, 208, 209 or 210 of the Criminal Justice | |
Act 2003,”. | |
96 In section 136 (power to order statement as to financial circumstances of | |
parent or guardian) in subsection (2), for “section 126 above” there is | 10 |
substituted “section 147 of the Criminal Justice Act 2003”. | |
97 (1) Section 138 (fixing of fine or compensation to be paid by parent or guardian) | |
is amended as follows. | |
(2) In subsection (1)(a), for “section 128 above” there is substituted “section 149 | |
of the Criminal Justice Act 2003”. | 15 |
(3) In subsection (2), for “sections 128(1) (duty to inquire into financial | |
circumstances) and” there is substituted “section 149(1) of the Criminal | |
Justice Act 2003 and section”. | |
(4) In subsection (4)— | |
(a) for “section 129 above” there is substituted “section 150 of the | 20 |
Criminal Justice Act 2003”, | |
(b) for “section 129(1)” there is substituted “section 150(1)”, and | |
(c) for “section 129(2)” there is substituted “section 150(2)”. | |
98 In section 146 (driving disqualification for any offence), in subsection (2), for | |
“109(2), 110(2) or 111(2) above” there is substituted “110(2) or 111(2) above | 25 |
or section 207, 208, 209 or 210 of the Criminal Justice Act 2003”. | |
99 In section 154 (commencement of Crown Court sentence), in subsection (2), | |
for “section 84 above” there is substituted “section 242 of the Criminal Justice | |
Act 2003”. | |
100 (1) Section 163 (interpretation) is amended as follows. | 30 |
(2) In the definition of “attendance centre” for “section 62(2) above” there is | |
substituted “section 203(2) of the Criminal Justice Act 2003”. | |
(3) In the definition of “community order”, for “section 33(1) above” there is | |
substituted “section 161(1) of the Criminal Justice Act 2003”. | |
(4) In the definition of “operational period”, for “section 118(3) above” there is | 35 |
substituted “section 172(1)(b)(ii) of the Criminal Justice Act 2003”. | |
(5) In the definition of “suspended sentence”, for “section 118(3) above” there is | |
substituted “section 172(7) of the Criminal Justice Act 2003”. | |
(6) At the end there is inserted— | |
““youth community order” has the meaning given by section 33(1) | 40 |
above.”. | |
101 (1) Schedule 3 (breach, revocation and amendment of certain community | |
orders) is amended as follows. | |
(2) For the heading to the Schedule there is substituted “Breach, revocation and | |
amendment of curfew orders and exclusion orders”. | 45 |
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(3) In paragraph 1(2), for paragraph (b) there is substituted— | |
“(b) in relation to an exclusion order, the petty sessions area for | |
the time being specified in the order.”. | |
(4) In paragraph 2(1), for the words from the beginning to “order” there is | |
substituted “Where a curfew order or an exclusion order”. | 5 |
(5) In paragraph 3(2)(c), for “neither a drug treatment and testing order a drug | |
abstinence order nor” there is substituted “not”. | |
(6) In paragraph 4— | |
(a) in sub-paragraph (1C), for “him”, where first occurring, there is | |
substituted “the offender”, | 10 |
(b) in paragraph (d), for the words from “the court could deal” onwards | |
there is substituted “he could have been dealt with for that offence by | |
the court which made the order if the order had not been made”, and | |
(c) in sub-paragraph (2)(b), for “79(2) of this Act” there is substituted | |
“136(2) of the Criminal Justice Act 2003”. | 15 |
(7) In paragraph 5— | |
(a) in sub-paragraph (1C)— | |
(i) for “him”, where first occurring, there is substituted “the | |
offender”, and | |
(ii) in paragraph (d), for the words from “Crown Court” | 20 |
onwards, there is substituted “he could have been dealt with | |
for that offence by the court which made the order if the order | |
had not been made”, and | |
(b) in sub-paragraph (2)(b), for “79(2) of this Act” there is substituted | |
“136(2) of the Criminal Justice Act 2003”. | 25 |
(8) For paragraph 6A there is substituted— | |
“Curfew orders imposed for breach of relevant order | |
6A (1) Section 37 of this Act (curfew orders) shall apply for the purposes | |
of paragraphs 4(1C)(a) and 5(1C)(a) above as if for the words from | |
the beginning to “make” there were substituted “Where a court | 30 |
has power to deal with an offender under Part 2 of Schedule 3 to | |
this Act for failure to comply with any of the requirements of a | |
relevant order, the court may make in respect of the offender”. | |
(2) The following provisions of this Act, namely— | |
(a) section 37(3) to (12), and | 35 |
(b) so far as applicable, sections 36B and 40 and this Schedule | |
so far as relating to curfew orders | |
have effect in relation to a curfew order made by virtue of | |
paragraphs 4(1C)(a) or 5(1C)(a) as they have effect in relation to | |
any other curfew order, subject to sub-paragraph (3) below. | 40 |
(3) This Schedule shall have effect in relation to such a curfew order | |
as if— | |
(a) the power conferred on the court by each of paragraphs | |
4(1C)(d), 5(1C)(d) and 10(3)(b) to deal with the offender for | |
the offence in respect of which the order was made were a | 45 |
power to deal with the offender, for his failure to comply | |
with the relevant order, in any way in which the | |
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(a) appropriate court could deal with him for that failure if it | |
had just been proved to the satisfaction of the court; | |
(b) the reference in paragraph 10(1)(b) to the offence in respect | |
of which the order was made were a reference to the failure | |
to comply in respect of which the curfew order was made; | 5 |
and | |
(c) the power conferred on the Crown Court by paragraph | |
11(2)(b) to deal with the offender for the offence in respect | |
of which the order was made were a power to deal with the | |
offender, for his failure to comply with the relevant order, | 10 |
in any way in which the appropriate court (if the relevant | |
order was made by the magistrates’ court) or the Crown | |
Court (if that order was made by the Crown Court) could | |
deal with him for that failure if it had just been proved to | |
its satisfaction. | 15 |
(4) For the purposes of the provisions mentioned in paragraphs (a) | |
and (c) of sub-paragraph (3) above, as applied by that sub- | |
paragraph, if the relevant order is no longer in force the | |
appropriate court’s powers shall be determined on the | |
assumption that it is still in force.” | 20 |
(9) In paragraph 8(3), for “Sections 35 and 36 of this Act” there is substituted | |
“Sections 132 and 141 of the Criminal Justice Act 2003”. | |
(10) In paragraph 10— | |
(a) in sub-paragraph (2), for paragraphs (a) and (b) there is substituted | |
“a magistrates’ court acting for the petty sessions area concerned”, | 25 |
and | |
(b) in sub-paragraph (3)(b)(ii), for the words from “it could deal” | |
onwards, there is substituted “he could have been dealt with for that | |
offence by the court which made the order if the order had not been | |
made”. | 30 |
(11) In paragraph 11(2)(b)(ii), for the words from “the court which made”, where | |
first occurring, onwards there is substituted “he could have been dealt with | |
for that offence by the court which made the order if the order had not been | |
made”. | |
(12) In paragraph 13(2), for paragraphs (a) and (b) there is substituted “a | 35 |
magistrates’ court not acting for the petty sessions area concerned”. | |
(13) For paragraph 19 and the heading immediately preceding it there is | |
substituted— | |
“Amendment of requirements of curfew order or exclusion order | |
19 (1) Without prejudice to the provisions of paragraph 18 above but | 40 |
subject to the following provisions of this paragraph, a | |
magistrates’ court acting for the petty sessions area concerned | |
may, on the application of an eligible person, by order amend a | |
curfew order or an exclusion order— | |
(a) by cancelling any of the requirements of the order; or | 45 |
(b) by inserting in the order (either in addition to or in | |
substitution for any of its requirements) any requirement | |
which the court could include if it were then making the | |
order. | |
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(2) A magistrates’ court shall not under sub-paragraph (1) above | |
amend a curfew order by extending the curfew periods beyond | |
the end of three months from the date of the original order. | |
(3) A magistrates’ court shall not under sub-paragraph (1) above | |
amend an exclusion order by extending the period for which the | 5 |
offender is prohibited from entering the place in question beyond | |
the end of three months from the date of the original order. | |
(4) For the purposes of this paragraph the eligible persons are— | |
(a) the offender; | |
(b) the responsible officer; | 10 |
(c) in relation to an exclusion order, any affected person. | |
But an application under sub-paragraph (1) by a person such as is | |
mentioned in paragraph (c) above must be for the cancellation of | |
a requirement which was included in the order by virtue of his | |
consent or for the purpose (or partly for the purpose) of protecting | 15 |
him from being approached by the offender, or for the insertion of | |
a requirement which will, if inserted, be such a requirement.” | |
102 In Schedule 5 (breach, revocation and amendment of attendance centre | |
orders)— | |
(a) in paragraph 1(1)(b), for “section 62(3) of this Act” there is | 20 |
substituted “section 204(1)(d) or (e) of the Criminal Justice Act 2003”. | |
(b) in paragraph 2(5)(b), for “section 79(2) of this Act” there is | |
substituted “section 136(2) of the Criminal Justice Act 2003”, and | |
(c) in paragraph 3(3)(b), for “section 79(2) of this Act” there is | |
substituted “section 136(2) of the Criminal Justice Act 2003”. | 25 |
103 In Schedule 6 (requirements which may be included in supervision | |
orders)— | |
(a) in paragraph 2(7)(a), after the word “other” there is inserted “youth | |
community order or any”, and | |
(b) in paragraph 3(6)(a), for “community order” there is substituted | 30 |
“youth community order”. | |
104 In Schedule 7 (breach, revocation and amendment of supervision orders)— | |
(a) in paragraph 3— | |
(i) in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there is | |
substituted “sub-paragraph (5)”, | 35 |
(ii) in sub-paragraph (3), for “Sections 35 and 36 of this Act” there | |
is substituted “Sections 132 and 141 of the Criminal Justice | |
Act 2003”, and | |
(iii) sub-paragraph (4) is omitted, and | |
(b) in paragraph 4(3), for “Sections 35 and 36 of this Act” there is | 40 |
substituted “Sections 132 and 141 of the Criminal Justice Act 2003”. | |
105 In Schedule 8 (breach, revocation and amendment of action plan orders and | |
reparation orders)— | |
(a) in paragraph 3— | |
(i) in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there is | 45 |
substituted “sub-paragraph (5)”, | |
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(ii) in sub-paragraph (3), for “Sections 35 and 36 of this Act” there | |
is substituted “Sections 132 and 141 of the Criminal Justice | |
Act 2003”, and | |
(iii) sub-paragraph (4) is omitted, and | |
(b) in paragraph 4(3), for “Sections 35 and 36 of this Act” there is | 5 |
substituted “Sections 132 and 141 of the Criminal Justice Act 2003”. | |
Child Support, Pensions and Social Security Act 2000 (c. 19) | |
106 (1) Section 62 of the Child Support, Pensions and Social Security Act 2000 (loss | |
of benefit for breach of community order) is amended as follows. | |
(2) In subsection (8), for the definition of “relevant community order” there is | 10 |
substituted— | |
““relevant community order” means— | |
(a) a community order made under section 161 of the | |
Criminal Justice Act 2003; or | |
(b) any order falling in England or Wales to be treated as | 15 |
such an order.” | |
(3) In subsection (11)(c)(ii), for “to (e)” there is substituted “and (b)”. | |
Criminal Justice and Court Services Act 2000 (c. 43) | |
107 The Criminal Justice and Court Services Act 2000 is amended as follows. | |
108 In section 69 (duties of local probation boards in connection with victims of | 20 |
certain offences), in subsection (8), for paragraph (a) there is substituted— | |
“(a) murder or an offence specified in Schedule 12 to the Criminal | |
Justice Act 2003,”. | |
109 In section 70 (general interpretation), in subsection (5), for the words “any | |
community order” there is substituted “a curfew order, an exclusion order, | 25 |
a community rehabilitation order, a community punishment order, a | |
community punishment and rehabilitation order, a drug treatment and | |
testing order, a drug abstinence order, an attendance centre order, a | |
supervision order or an action plan order”. | |
International Criminal Court Act 2001 (c. 17) | 30 |
110 (1) Schedule 7 to the International Criminal Court Act 2001 (domestic | |
provisions not applicable to ICC prisoners), is amended as follows. | |
(2) In paragraph 2(1), for paragraph (a) there is substituted— | |
“(a) section 222 of the Criminal Justice Act 2003 (crediting of | |
periods of remand in custody).” | 35 |
(3) In paragraph 3(1), for “Part 2 of the Criminal Justice Act 1991” there is | |
substituted “sections 226 to 241 of the Criminal Justice Act 2003”. | |
Armed Forces Act 2001 (c. 19) | |
111 In section 30 of the Armed Forces Act 2001 (conditional release from | |
custody), in subsection (6)(a) for “six months” there is substituted “the term | 40 |
specified in subsection (1)(a) of section 8 of the Armed Forces Act 1976 | |
(powers of courts in relation to civilians)”. | |
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Proceeds of Crime Act 2002 (c. 29) | |
112 In section 38 of the Proceeds of Crime Act 2002 (provisions about | |
imprisonment or detention), in subsection (4)(a), for “section 118(1) of the | |
Sentencing Act” there is substituted “section 172(1) of the Criminal Justice | |
Act 2003”. | 5 |
Part 2 | |
Offences: abolition of imprisonment and conversion to summary offence | |
Vagrancy Act 1824 (c. 83) | |
113 In section 3 of the Vagrancy Act 1824 (idle and disorderly persons), for the | |
words from “subject to” to the end there is substituted “it shall be lawful for | 10 |
any justice of the peace to impose on such person (being thereof convicted | |
before him by his own view, or by the confession of such person, or by the | |
evidence on oath of one or more credible witnesses) a fine not exceeding | |
level 3 on the standard scale”. | |
114 (1) Section 4 of that Act (rogues and vagabonds) is amended as follows. | 15 |
(2) In that section, for the words from “shall be” to the end there is substituted | |
“commits an offence under this section”. | |
(3) At the end of that section (which becomes subsection (1)) there is inserted— | |
“(2) It shall be lawful for any justice of the peace to impose on any person | |
who commits an offence under this section (being thereof convicted | 20 |
before him by the confession of such person, or by the evidence on | |
oath of one or more credible witnesses)— | |
(a) in the case of a person convicted of the offence of wandering | |
abroad and lodging in any barn or outhouse, or in any | |
deserted or unoccupied building, or in the open air, or under | 25 |
a tent, or in any cart or waggon, and not giving a good | |
account of himself, a fine not exceeding level 1 on the | |
standard scale, and | |
(b) in the case of a person convicted of any other offence under | |
this section, a fine not exceeding level 3 on the standard | 30 |
scale.” | |
London Hackney Carriages Act 1843 (c. 86) | |
115 In section 28 of the London Hackney Carriages Act 1843, after “for every | |
such offence”, there is inserted “of which he is convicted before the justice”. | |
Town Police Clauses Act 1847 (c. 89) | 35 |
116 In section 26 of the Town Police Clauses Act 1847, for the words from | |
“committed by them” to the end, there is substituted “liable to a fine not | |
exceeding level 3 on the standard scale”. | |
117 In section 28 of that Act, after “for each offence”, there is inserted “of which | |
he is convicted before the justice”. | 40 |
118 In section 29 of that Act, after “for every such offence”, there is inserted “of | |
which he is convicted before the justice”. | |
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119 In section 36 of that Act, after “liable”, there is inserted “on conviction before | |
the justices”. | |
Seamen’s and Soldiers’ False Characters Act 1906 (c. 5) | |
120 In section 1 of the Seamen’s and Soldiers’ False Characters Act 1906, for | |
“imprisonment for a term not exceeding three months” there is substituted | 5 |
“a fine not exceeding level 2 on the standard scale”. | |
Aliens Restriction (Amendment) Act 1919 (c. 92) | |
121 In section 3(2) of the Aliens Restriction (Amendment) Act 1919, for | |
“imprisonment for a term not exceeding three months” there is substituted | |
“a fine not exceeding level 3 on the standard scale”. | 10 |
Polish Resettlement Act 1947 (c.19) | |
122 In the Schedule to the Polish Resettlement Act 1947, in paragraph 7, for | |
“imprisonment for a term not exceeding three months” there is substituted | |
“a fine not exceeding level 1 on the standard scale”. | |
Slaughterhouses Act 1974 (c. 3) | 15 |
123 In section 4 of the Slaughterhouses Act 1974, after subsection (5) there is | |
inserted— | |
“(5A) A person guilty of an offence under subsection (5) above shall be | |
liable to a fine not exceeding level 3 on the standard scale.” | |
Water Industry Act 1991 (c. 56) | 20 |
124 In Schedule 6 to the Water Industry Act 1991, in paragraph 5(4), for | |
paragraphs (a) and (b) there is substituted “, on summary conviction, to a | |
fine not exceeding level 5 on the standard scale”. | |
Water Resources Act 1991 (c.57) | |
125 In section 205(6) of the Water Resources Act 1991, for paragraphs (a) and (b) | 25 |
there is substituted “on summary conviction to a fine not exceeding level 5 | |
on the standard scale”. | |
Transport Act 2000 (c. 38) | |
126 In section 82(4) of the Transport Act 2000, after “subsection (1)” there is | |
inserted “or (2)”. | 30 |
Schedule 25 | |
Section 265 | |
Jury service | |
1 The Juries Act 1974 (c. 23) is amended as follows. | |
2 For section 1 (qualification for jury service) there is substituted— | |
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