Criminal Justice Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Schedule 28 — Repeals
Part 7 — Abolition of imprisonment for certain summary offences
    321

Short title and chapter
Extent of repeal

Social Security Administration
In section 105(1), the words—

Act 1992 (c. 5)
     (a)    “to imprisonment for a term not

exceeding 3 months or”, and

     (b)    “or to both”.

5

In section 182(3), the words—

     (a)    “to imprisonment for a term not

exceeding 3 months or”, and

     (b)    “or to both”.

Local Government Finance Act
In section 27(5), the words—

10

1992 (c. 14)
     (a)    “imprisonment for a term not exceeding

three months or”, and

     (b)    “or both”.

Trade Union and Labour
In section 240(3), the words—

Relations (Consolidation) Act
     (a)    “to imprisonment for a term not

15

1992 (c. 52)
exceeding three months or”, and

     (b)    “or both”.

Merchant Shipping Act 1995
In section 57(2)—

(c. 21)
     (a)    in paragraph (a), the words “except in a

case falling within paragraph (b) below,”, and

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     (b)    paragraph (b).

Reserve Forces Act 1996 (c. 14)
In section 75(5), the words—

     (a)    “imprisonment for a term not exceeding

3 months or”, and

     (b)     “(or both)”.

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In section 82(1), the words—

     (a)    “imprisonment for a term not exceeding

3 months”, and

     (b)    “(or both)”.

In section 87(1), the words—

30

     (a)    ”imprisonment for a term not exceeding

3 months or”, and

     (b)    “(or both)”.

In section 99, the words—

     (a)    “imprisonment for a term not exceeding

35

3 months”, and

     (b)    “(or both)”.

In Schedule 1, in paragraph 5(2), the words—

     (a)    “imprisonment for a term not exceeding

3 months or”, and

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     (b)    “(or both)”.

Housing Act 1996 (c. 52)
In Schedule 1—

     (a)    in paragraph 23(6), the words from “or

imprisonment” to “or both”, and

     (b)    in paragraph 24(6), the words from “or

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imprisonment” to “or both”.

Criminal Justice Bill
Schedule 28 — Repeals
Part 8 — Jury service
    322

Short title and chapter
Extent of repeal

Broadcasting Act 1996 (c. 55)
In section 144(4), the words—

     (a)    “to imprisonment for a term not

exceeding three months or”, and

     (b)    “or to both”.

5

Breeding and Sale of Dogs
In section 9—

(Welfare) Act 1999 (c. 11)
     (a)    in subsection (1), paragraph (a), the

word “, or” immediately preceding

paragraph (b) and the words “or to both”, and

     (b)    in subsection (7), paragraph (a), the

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word “, or” immediately preceding

paragraph (b) and the words “or to both”.

Countryside and Rights of Way
In section 81, subsections (2) and (3).

Act 2000 (c. 37)

Transport Act 2000 (c. 38)
In section 82, subsection (5).

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Part 8
Jury service

Short title and chapter
Extent of repeal

Juries Act 1974 (c. 23).
In section 2(5)(a), the word “9(1),”.

In section 9, subsection (1) and in subsection (2)

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the words from “and” to the end.

Criminal Law Act 1977 (c. 45).
In Schedule 12, the entry relating to the Juries

Act 1974.

Criminal Justice Act 1982 (c. 48).
In Schedule 14, paragraph 35.

Mental Health (Amendment)
In Schedule 3, paragraph 48.

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Act 1982 (c. 51).

Mental Health Act 1983 (c. 20).
In Schedule 4, paragraph 37.

Juries (Disqualification) Act
The whole Act.

1984 (c. 34).

Coroners Act 1988 (c. 13).
Section 9(2).

30

Criminal Justice Act 1988 (c. 33).
Section 119.

In Schedule 8, paragraph 8.

Courts and Legal Services Act
In Schedule 17, paragraph 7.

1990 (c. 41).
In Schedule 18, paragraph 5.

Criminal Justice Act 1991 (c. 53).
In Schedule 11, paragraph 18.

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Probation Service Act 1993
In Schedule 3, paragraph 5.

(c. 47).

Police and Magistrates’ Courts
In Schedule 8, paragraph 28.

Act 1994 (c. 29).

Criminal Justice and Public
Section 42.

40

Order Act 1994 (c. 33).
In Schedule 10, paragraph 29.

Criminal Justice Bill
Schedule 28 — Repeals
Part 9 — Miscellaneous
    323

Short title and chapter
Extent of repeal

Criminal Appeal Act 1995
In Schedule 2, paragraph 8.

(c. 35).

Police Act 1996 (c. 16).
In Schedule 7, paragraph 23.

Police Act 1997 (c. 50).
In Schedule 9, paragraph 27.

5

Government of Wales Act 1998
In Schedule 12, paragraph 18.

(c. 38).

Scotland Act 1998 (c. 46).
Section 85(1).

Access to Justice Act 1999
In Schedule 11, paragraph 22.

(c. 22).

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Criminal Justice and Court
In Schedule 7, paragraph 47.

Services Act 2000 (c. 43).

European Parliamentary
In Schedule 3, paragraph 2.

Elections Act 2002 (c. 24).

Part 9
15
Miscellaneous

Short title and chapter
Extent of repeal

Bail Act 1976 (c. 63)
In section 5(1)(c), the words “a court or officer of

a court appoints”.

Magistrates’ Courts Act 1980
In section 1(3), the words “and substantiated on

20

(c. 43)
oath”.

Section 12(1)(a)(i).

In section 13(3)(a), the words “the information

has been substantiated on oath”.

Criminal Appeal (Northern
In section 19(1A)(a), the words “application for

25

Ireland) Act 1980 (c. 47)
leave to”.

Criminal Procedure and
In Schedule 4, paragraph 16.

Investigations Act 1996 (c. 25)

Crime and Disorder Act 1998
In section 8(2), the words from “and to section

(c. 37)
19(5)” to “2000”.

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Youth Justice and Criminal
In Schedule 4, paragraphs 26 and 27.

Evidence Act 1999 (c. 23)

Powers of Criminal Courts
In section 19(5), paragraph (c) and the word “or”

(Sentencing) Act 2000 (c. 6)
immediately preceding it.

In Schedule 9, paragraphs 194 and 195.

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Criminal Justice and Court
Sections 67 and 68.

Services Act 2000 (c. 43)

Criminal Justice Bill
Schedule 29 — Transitory, transitional and saving provisions
    324

Schedule 29
Section 275(5)

Transitory, transitional and saving provisions
Sentencing of offenders aged 18 but under 21
  1        If any provision of Part 12 (“the relevant provision”) is to come into force
before the day on which section 61 of the Criminal Justice and Court Services
5
Act 2000 (c. 43) (abolition of sentences of detention in a young offender
institution, custody for life, etc.) comes into force (or fully into force) the
provision that may be made by order under section 275(1) includes
provision modifying the relevant provision with respect to sentences
passed, or other things done, at any time before section 61 of that Act comes
10
into force (or fully into force).
Sentencing guidelines
  2        The repeal by this Act of sections 80 to 82 of the Crime and Disorder Act 1998
(c. 37) does not affect the authority of any guidelines with respect to
sentencing which have been included in any judgment of the Court of
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Appeal given before the commencement of that repeal (“existing
guidelines”), but any existing guidelines may be superseded by sentencing
guidelines published by the Sentencing Guidelines Council under section
154 of this Act as definitive guidelines.
Drug treatment and testing orders
20
  3        A drug treatment and testing order made under section 52 of the Powers of
Criminal Courts (Sentencing) Act 2000 (c. 6) before the repeal of that section
by this Act is in force (or fully in force) need not include the provision
referred to in subsection (6) of section 54 of that Act (periodic review by
court) if the treatment and testing period (as defined by section 52(1) of that
25
Act) is less than 12 months.
Drug testing as part of supervision of young offenders after release
  4       (1)      Until the coming into force of the repeal by this Act of section 65 of the
Criminal Justice Act 1991 (c. 53) (supervision of young offenders after
release), that section has effect subject to the following modifications.
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          (2)      In subsection (5B)—
              (a)             in paragraph (a), for “18 years” there is substituted “14 years”,
              (b)             for paragraph (b) there is substituted—
                           “(b)                             a responsible officer is of the opinion—
                                 (i)                                that the offender has a propensity to misuse
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specified Class A drugs, and
                                 (ii)                               that the misuse by the offender of any
specified Class A drug caused or contributed
to any offence of which he has been convicted,
or is likely to cause or contribute to the
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commission by him of further offences; and”.
          (3)      After subsection (5D) there is inserted—



© Parliamentary copyright 2003	Revised 6 March 2003