Criminal Justice Bill

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Schedule 28 — Repeals
Part 6 — Sentencing: general
    314

Short title and chapter
Extent of repeal

Powers of Criminal Courts
In Schedule 3—

(Sentencing) Act 2000 (c. 6)—
     (a)    in paragraph 1, sub-paragraphs (1)(b) to

cont.—cont.
(f), (1A), (3) and (4).

     (b)    paragraph 2(2),

5

     (c)    paragraph 2A,

     (d)    in paragraph 3(2), paragraph (a) and in

paragraph (b) the word “other”.

     (e)    in paragraph 4, sub-paragraphs (1A) and

(1B), in sub-paragraph (1C) the words from

10

the beginning to “that sub-paragraph”,

paragraph (b) and in paragraph (c) the words

“where the offender is aged under 21,”, in

sub-paragraph (4) the word “,(b)” and in sub-

paragraph (6) the words “(1A) or”,

15

     (f)    in paragraph 5, sub-paragraphs (1A) and

(1B), in sub-paragraph (1C) the words from

the beginning to “that sub-paragraph”,

paragraph (b) and in paragraph (c) the words

“where the offender is aged under 21,” and in

20

sub-paragraph (3) the words “(1A) or”,

     (g)    paragraph 6(2) and (3),

     (h)    paragraph 7,

     (i)    in paragraph 9, in sub-paragraph (1) “,

(b)” in each place where it occurs and sub-

25

paragraph (3).

     (j)    paragraph 10(4),

     (k)    paragraph 11(3),

     (l)    paragraph 12,

     (m)    paragraph 16,

30

     (n)    in paragraph 18, in sub-paragraph (1)

the words “(other than a drug treatment and

testing order)”, in sub-paragraph (2) the

words “to (5)”, in sub-paragraph (3) the

words “community rehabilitation or” and

35

sub-paragraphs (4) to (7),

     (o)    paragraphs 20 to 22,

     (p)    in paragraph 23 the words from “or 22”

to “paragraph 21 above,”,

     (q)    in paragraph 25(1), the words “other

40

than a drug treatment and testing order”, and

     (r)    paragraph 26.

Schedule 4.

In Schedule 7, paragraph 3(4).

In Schedule 8, paragraph 3(4).

45

In Schedule 9, paragraphs 7, 24(a), 26(2), 28, 29,

52, 54(3), 55, 61, 76, 81, 82, 89(2), 90(2), 137 to

145, 147(2) and (3)(a) to (d) and (e)(i), 151, 184,

185, 187(2), 174, 176(2) to (5) and (7), 177(2)

and (3), 196 and 202.

50

Terrorism Act 2000 (c. 11)
In Schedule 15, paragraph 20.

Criminal Justice Bill
Schedule 28 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    315

Short title and chapter
Extent of repeal

Child Support, Pensions and
Section 62(10).

Social Security Act 2000

(c. 19)

Criminal Justice and Court
Section 48.

5

Services Act 2000 (c. 43)
Section 55.

Section 63.

Section 64(5)(e).

In section 78(1), the definition of “community

order”.

10

In Schedule 7, paragraphs 139 and 140.

Anti-terrorism, Crime and
Section 39(7).

Security Act 2001 (c. 24)

Proceeds of Crime Act 2002
In Schedule 11, paragraph 32.

(c. 29)

15

Part 7
Abolition of imprisonment for certain summary offences

Short title and chapter
Extent of repeal

Vagrancy Act 1824 (c. 83)
Section 5.

Section 10.

20

Railway Regulation Act 1842
In section 17, the words from “be imprisoned”

(c. 55)
(where first occurring) to “discretion of such

justice, shall”.

London Hackney Carriages Act
In section 28, the words from “; or it shall be

1843 (c. 86)
lawful” to the end.

25

Town Police Clauses Act 1847
In section 28, the words from “, or, in the

(c. 89)
discretion” to “fourteen days”.

In section 29, the words from “, or, in the

discretion” to the end.

In section 36, the words from “, or, in the

30

discretion” to “one month”.

Ecclesiastical Courts
In section 2, the words from “, or may, if the

Jurisdiction Act 1860 (c. 32)
justices” to the end.

Town Gardens Protection Act
In section 5, the words “, or to imprisonment for

1863 (c. 13)
any period not exceeding fourteen days”.

35

Public Stores Act 1875 (c. 25)
In section 8, the words from “, or, in the

discretion” to the end.

North Sea Fisheries Act 1893
In section 2—

(c. 17)
     (a)    in paragraph (a), the words from “, or, in

the discretion” to the end, and

40

     (b)    in paragraph (b), the words from “, or in

the discretion” to the end.

In section 3(a), the words from “, or, in the

discretion” to the end.

Criminal Justice Bill
Schedule 28 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    316

Short title and chapter
Extent of repeal

Children and Young Persons
In section 4(1), the words from “, or

Act 1933 (c. 12)
alternatively” to the end.

Protection of Animals Act 1934
In section 2, the words from “, or, alternatively”

(c. 21)
to the end.

5

Public Health Act 1936 (c. 49)
In section 287(5), the words from “or to

imprisonment” to the end.

Essential Commodities
In section 4(2), the words from “or to

Reserves Act 1938 (c. 51)
imprisonment” to the end.

London Building Acts
In section 142(5), the words from “or to

10

(Amendment) Act 1939 (c.
imprisonment” to the end.

xcvii)

Cancer Act 1939 (c. 13)
In section 4(2), the words from “or to

imprisonment” to the end.

Civil Defence Act 1939 (c. 31)
In section 77, the words from “or to

15

imprisonment” to the end.

Hill Farming Act 1946 (c. 73)
In section 19—

     (a)    in subsection (2), the words from “, or to

imprisonment” to the end, and

     (b)    in subsection (3), the words from “or to

20

imprisonment” to the end.

Agriculture Act 1947 (c. 48)
In section 14(7) (as remaining in force for the

purposes of section 95), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

25

     (b)    “or to both such imprisonment and such

fine”.

In section 95(3), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

30

     (b)     “or to both such imprisonment and such

fine”.

Civil Defence Act 1948 (c. 5)
In section 4(4), the words from “or to

imprisonment” to the end.

Agricultural Wages Act 1948
In section 12(7), the words from “or to

35

(c. 47)
imprisonment” to the end.

Wireless Telegraphy Act 1949
In section 14(1B), the words—

(c. 54)
     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)     “, or both”.

40

Prevention of Damage by Pests
In section 22(5), the words from “or to

Act 1949 (c. 55)
imprisonment” to the end.

Coast Protection Act 1949 (c. 74)
In section 25(9), the words from “or to

imprisonment” to the end.

Pet Animals Act 1951 (c. 35)
In section 5—

45

Criminal Justice Bill
Schedule 28 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    317

Short title and chapter
Extent of repeal

Pet Animals Act 1951 (c. 35)—
     (a)    in subsection (1), the words “other than

cont.
the last foregoing section” and the words

from “or to imprisonment” to the end, and

     (b)    subsection (2).

5

Cockfighting Act 1952 (c. 59)
In section 1(1), the words—

     (a)     “to imprisonment for a term not

exceeding three months, or”, and

     (b)     “, or to both such imprisonment and

such fine”.

10

Agricultural Land (Removal of
In section 2(1)—

Surface Soil) Act 1953 (c. 10)
     (a)    paragraph (a) of the proviso,

     (b)    the word “; or” immediately preceding

paragraph (b) of the proviso, and

     (c)    the words “or to both”.

15

Accommodation Agencies Act
In section 1(5), the words from “or to

1953 (c. 23)
imprisonment” to the end.

Army Act 1955 (3 & 4 Eliz. 2
In section 19(1), the words “to imprisonment for

c. 18)
a term not exceeding three months or”.

In section 161, the words from “, or to

20

imprisonment” to the end.

In section 171(1), the words from “, or to

imprisonment” to the end.

In section 191, the words from “or to

imprisonment” to the end.

25

In section 193, the words from “or to

imprisonment” to the end.

In section 196(3), the words from “or to

imprisonment” to the end.

In section 197(3), the words from “or to

30

imprisonment” to the end.

Air Force Act 1955 (3 & 4 Eliz. 2
In section 19(1), the words “to imprisonment for

c. 19)
a term not exceeding three months or”.

In section 161, the words from “, or to

imprisonment” to the end.

35

In section 171(1), the words from “, or to

imprisonment” to the end.

In section 191, the words from “or to

imprisonment” to the end.

In sections 193, the words from “or to

40

imprisonment” to the end.

In section 196(3), the words from “or to

imprisonment” to the end.

In section 197(3), the words from “or to

imprisonment” to the end.

45

Naval Discipline Act 1957
In section 96, the words from “or to

(c. 53)
imprisonment” to the end.

In section 99(3), the words from “or to

imprisonment” to the end.

Criminal Justice Bill
Schedule 28 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    318

Short title and chapter
Extent of repeal

Agricultural Marketing Act
In section 45(6), the words—

1958 (c. 47)
     (a)    “to imprisonment for a term not

exceeding one month, or”, and

     (b)    “, or to both such imprisonment and

5

such fine”.

Rivers (Prevention of Pollution)
In section 12(2), the words from “or to

Act 1961 (c. 50)
imprisonment” to the end.

Betting, Gaming and Lotteries
In section 8(1), the words—

Act 1963 (c. 2)
     (a)     “or to imprisonment for a term not

10

exceeding three months, or to both”, and

     (b)    “in any case”.

Children and Young Persons
In section 40—

Act 1963 (c. 37)
     (a)    in subsection (1), the words from “or

imprisonment” to the end, and

15

     (b)    in subsection (2), the words from “or

imprisonment” to the end.

Animal Boarding
In section 3—

Establishments Act 1963
     (a)    in subsection (1), the words “other than

(c. 43)
the last foregoing section” and the words

20

from “or to imprisonment” to the end, and

     (b)    subsection (2).

Agriculture and Horticulture
In section 20(2), the words from “or to

Act 1964 (c. 28)
imprisonment” to the end.

Emergency Laws (Re-
In Schedule 1—

25

enactments and Repeals) Act
     (a)    in paragraph 1(3), the words “to

1964 (c. 60)
imprisonment for a term not exceeding three

months or” and “, or to both”, and

     (b)    in paragraph 2(4), the words “to

imprisonment for a term not exceeding three

30

months or” and “, or to both”.

Riding Establishments Act 1964
In section 4(1), the words from “or to

(c. 70)
imprisonment” to the end.

Industrial and Provident
In section 16(5), the words from “or to

Societies Act 1965 (c. 12)
imprisonment” to the end.

35

In section 48(2), the words from “or to

imprisonment” to the end.

Cereals Marketing Act 1965
In section 17(1), the words from “or to

(c. 14)
imprisonment” to the end.

Gas Act 1965 (c. 36)
In Schedule 6, in paragraph 9, the words from

40

“or to imprisonment” to the end.

Armed Forces Act 1966 (c. 45)
In section 8, the words “to imprisonment for a

term not exceeding three months or”.

Agriculture Act 1967 (c. 22)
In section 6(9), the words from “or to

imprisonment” to the end.

45

In section 14(2), the words from “or to

imprisonment” to the end.

Criminal Justice Bill
Schedule 28 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    319

Short title and chapter
Extent of repeal

Agriculture Act 1967 (c. 22)—
In section 69, the words from “or

cont.
imprisonment” to the end.

Sea Fisheries (Shellfish) Act
In section 14(2), the words from “or to

1967 (c. 83)
imprisonment” to the end.

5

Theatres Act 1968 (c. 54)
In section 13(3), the words from “or to

imprisonment” to the end.

Theft Act 1968 (c. 60)
In Schedule 1, in paragraph 2(1), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

10

     (b)    “or to both”.

Agriculture Act 1970 (c. 40)
In section 106(8), the words from “or

imprisonment” to the end.

Breeding of Dogs Act 1973
In section 3(1)—

(c. 60)
     (a)    paragraph (a),

15

     (b)    the word “; or” immediately preceding

paragraph (b), and

     (c)    the words “or to both”.

Slaughterhouses Act 1974 (c. 3)
In section 38(5), the words “or imprisonment for

a term of three months or both”.

20

National Health Service Act
In Schedule 11—

1977 (c. 49)
     (a)    in paragraph 8(3), the words “to

imprisonment for a term not exceeding three

months or” and “, or to both”, and

     (b)    in paragraph 9(4), the words “to

25

imprisonment for a term not exceeding three

months or” and “, or to both”.

Animal Health Act 1981 (c. 22)
In paragraph 6 of Schedule 1, the words—

     (a)    “or to imprisonment for a term not

exceeding 2 months,”, and

30

     (b)    “in either case”.

Fisheries Act 1981 (c. 29)
In section 5(4), the words from “or to

imprisonment” to the end.

British Nationality Act 1981
In section 46(1), the words—

(c. 61)
     (a)    “to imprisonment for a term not

35

exceeding three months or”, and

     (b)    “, or both”.

Civil Aviation Act 1982 (c. 16)
In section 82(2), the words from “or to

imprisonment” to the end.

Criminal Justice Act 1982 (c. 48)
Section 70.

40

Mental Health Act 1983 (c. 20)
In section 103(9), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)     “or both”.

Criminal Justice Bill
Schedule 28 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    320

Short title and chapter
Extent of repeal

Mental Health Act 1983 (c. 20)—
In section 129(3), the words—

cont.
     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

5

Building Act 1984 (c. 55)
In section 96(3), the words “or to imprisonment

for a term not exceeding three months”.

Surrogacy Arrangements Act
In section 4(1)—

1985 (c. 49)
     (a)    paragraph (a), and

     (b)    in paragraph (b), the words “in the case

10

of an offence under section 3”.

Animals (Scientific Procedures)
In section 22(3), the words—

Act 1986 (c. 14)
     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

15

In section 23(2), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

In section 25(3), the words—

20

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

Motor Cycle Noise Act 1987
In the Schedule, in paragraph 1(1), the words

(c. 34)
“to imprisonment for a term not exceeding

25

three months or”.

Human Organ Transplants Act
In section 2(5), the words—

1989 (c. 31)
     (a)    “imprisonment for a term not exceeding

three months or”, and

     (b)    “or both”.

30

Town and Country Planning
In Schedule 15, in paragraph 14(4), the words

Act 1990 (c. 8)
from “or to imprisonment” to the end.

Environmental Protection Act
In section 118(7), the words from “or to

1990 (c. 43)
imprisonment” to the end.

Criminal Justice Act 1991 (c. 53)
Section 26(5).

35

Deer Act 1991 (c. 54)
In section 10(3), the words from “or to

imprisonment” to the end.

Water Industry Act 1991 (c. 56)
In section 206(9), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

40

     (b)     “or to both”.

In Schedule 6, in paragraph 5(5), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

45



© Parliamentary copyright 2003	Revised 6 March 2003