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Mr Secretary Blunkett
351
Page 180, line 13 [Schedule 3], at end insert—
| '(2A) | In paragraph 2, sub-paragraphs (4) and (5) are omitted.'. |
Mr Secretary Blunkett
261
Page 181, line 28 [Schedule 3], leave out lines 28 to 43 and insert 'any reference to a previous conviction is a reference to—
| (a) | a previous conviction by a court in the United Kingdom, or |
| (b) | a previous finding of guilt in— |
| (i) | any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or |
| (ii) | any proceedings before a Standing Civilian Court.' |
Mr Secretary Blunkett
352
Page 183, line 6 [Schedule 3], after 'plea)' insert ', but not section 20(7) of that Act,'.
Mr Secretary Blunkett
353
Page 183, line 26 [Schedule 3], leave out 'or 33'.
Mr Secretary Blunkett
354
Page 185, line 28 [Schedule 3], at end insert—
| '(3A) | After subsection (1) there is inserted— |
"(1A) But this section does not apply to an offence as regards which this section is excluded by section 17D of that Act (certain offences where value involved is small).".'.
Mr Secretary Blunkett
299
Page 293, line 35 [Schedule 25], at end insert—
| '(d) | For the purposes of this Part a person is to be treated as being under guardianship under section 7 of the Mental Health Act 1983 at any time while he is subject to guardianship pursuant to an order under section 116A(2)(b) of the Army Act 1955, section 116A(2)(b) of the Air Force Act 1955 or section 63A(2)(b) of the Naval Discipline Act 1957.'. |
Mr Secretary Blunkett
300
Page 293, line 38 [Schedule 25], leave out paragraphs 5 to 7 and insert—
| | '5 | A person who is on bail in criminal proceedings (within the meaning of the Bail Act 1976). |
| | 6 | A person who has at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man— |
(a) to imprisonment for life, detention for life or custody for life,
(b) to detention during her Majesty's pleasure or during the pleasure of the Secretary of State,
(c) to imprisonment for public protection or detention for public protection,
(d) to an extended sentence under section 209 or 210 of the Criminal Justice Act 2003 or section 210A of the Criminal Procedure (Scotland) Act 1995, or
(e) to a term of imprisonment of five years or more or a term of detention of five years or more.
| | 7 | A person who at any time in the last ten years has— |
(a) in the United Kingdom, the Channel Islands or the Isle of Man—
| (i) | served any part of a sentence of imprisonment or a sentence of detention, or |
| (ii) | had passed on him a suspended sentence of imprisonment or had made in respect of him a suspended order for detention, |
(b) in England and Wales, had made in respect of him a community order under section 161 of the Criminal Justice Act 2003, a community rehabilitation order, a community punishment order, a community punishment and rehabilitation order, a drug treatment and testing order or a drug abstinence order, or
(c) had made in respect of him any corresponding order under the law of Scotland, Northern Ireland, the Isle of Man or any of the Channel Islands.
| | 8 | For the purposes of this Part of this Schedule— |
(a) a sentence passed by a court-martial is to be treated as having been passed in the United Kingdom, and
(b) a person is sentenced to a term of detention if, but only if—
| (i) | a court passes on him, or makes in respect of him on conviction, any sentence or order which requires him to be detained in custody for any period, and |
| (ii) | the sentence or order is available only in respect of offenders below a certain age, |
and any reference to serving a sentence of detention is to be construed accordingly.'.
Mr Secretary Blunkett
202
Page 154, line 1 [Clause 272], leave out 'section 152' and insert 'section (Sentencing Guidelines Council: supplementary provisions)'.
Mr Secretary Blunkett
253
Page 154, line 19 [Clause 272], at end insert—
'section 146(7)'.
Mr Secretary Blunkett
225
Page 154, line 26 [Clause 272], at end insert—
'section (Determination of minimum term in relation to mandatory life sentence) (6)'.
Mr Secretary Blunkett
432
Page 154, line 26 [Clause 272], at end insert—
'section (Power by order to exclude application of minimum sentence to those under 18)'.
Mr Secretary Blunkett
254
Page 154, line 29 [Clause 272], after 'Schedule 23' insert—
| '(aa) | an order making any provision by virtue of section 275(2)(b) which adds to, replaces or omits any part of the text of an Act,'. |
Mr Secretary Blunkett
452
Page 297, line 31 [Schedule 27], leave out paragraph 1 and insert—
'1 The Bail Act 1976 is amended as follows.
| 1A | (1) | Section 5(6A)(a) (supplementary provisions about decisions on bail) is amended as follows. |
| (2) | After "examination)" there is inserted ", section 52(5) of the Crime and Disorder Act 1998 (adjournment of proceedings under section 51 etc)". |
| (3) | After sub-paragraph (ii) there is inserted— |
"(iia) section 17C (intention as to plea: adjournment), or".
| (4) | After sub-paragraph (iii) there is inserted "or |
(iiia) section 24C (intention as to plea by child or young person: adjournment),".
| | 1B | In Part 3 of Schedule 1 (interpretation) for paragraph 2 there is substituted— |
| | "2 | References in this Schedule to previous grants of bail include— |
(a) bail granted before the coming into force of this Act;
(b) as respects the reference in paragraph 2A of Part 1 of this Schedule (as substituted by section 12(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph;
(c) as respects the references in paragraph 6 of Part 1 of this Schedule (as substituted by section (Absconding by persons released on bail)(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph;
(d) as respects the references in paragraph 9AA of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;
(e) as respects the reference in paragraph 5 of Part 2 of this Schedule (as substituted by section 11(5) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph."'
Mr Secretary Blunkett
453
Page 298, line 9 [Schedule 27], at end insert—
| | 2A | In section 38(2A) of the Police and Criminal Evidence Act 1984 (bail granted by custody officer after charge)— |
(a) for "2" there is substituted "2(1)", and
(b) after "1976" there is inserted "(disregarding paragraph 2(2) of that Part)".'
Mr Secretary Blunkett
103
Page 302, line 22 [Schedule 27], at end insert—
| | '33A (1) | Section 77 (orders and regulations) is amended as follows. |
(a) after "No", there is inserted "regulations or" and
(b) after "section" there is inserted "6A or".
| (3) | In subsection (6)(b) after "regulations" there is inserted "(other than regulations under section 6A)".' |
Mr Secretary Blunkett
214
Page 303, line 9 [Schedule 27], at end insert—
| | 38A | In section 6(3) of the Criminal Law Act (Northern Ireland) 1967 (trial of offences) after "jury" there is inserted "or otherwise act".'. |
Mr Secretary Blunkett
215
Page 303, line 14 [Schedule 27], at end insert—
| 39A | (1) | Section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial on indictment) is amended as follows. |
| (2) | In subsection (6A) for "the jury are sworn" there is substituted "the time when the jury are sworn". |
| (3) | After subsection (6A) there is inserted— |
"(6B) The reference in subsection (6A) to the time when the jury are sworn includes the time when the jury would be sworn but for—
| (a) | the making of an order under Part 7 of the Criminal Justice Act 2003, or |
| (b) | the application of section 75 of the Terrorism Act 2000." |
| | 39B | In section 6(3)(c) of the Criminal Appeal (Northern Ireland) Act 1980 (power to order retrial) for "the jury were discharged from giving a verdict" there is substituted "no verdict was given".'. |
Mr Secretary Blunkett
216
Page 303, [Schedule 27], leave out lines 22 to 24 and insert 'includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.".'.
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