|
|
|
409 | Page 306, line 6, leave out from “from” to end of line 8 and insert ““to be dealt with” |
|
| onwards there is substituted “or the Crown Court to be dealt with under— |
|
| (a) | Part 2 of Schedule 3 to the Powers of Criminal Courts |
|
| (Sentencing) Act 2000 (breach of certain youth |
|
| |
| (b) | Part 2 of Schedule 7 to the Criminal Justice Act 2003 |
|
| (breach of requirement of community order).”” |
|
410 | Page 306, line 39, at end insert— |
|
| “Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) |
|
| 31A | In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) |
|
| Act 1980 (ineligibility for and disqualification and excusal from jury |
|
| service), in Part 2, in paragraph (bb), for sub-paragraph (v) there is |
|
| |
| “(v) | a community order within the meaning of section 170 |
|
| of the Criminal Justice Act 2003; |
|
| (va) | a youth community order as defined by section 33 of |
|
| the Powers of Criminal Courts (Sentencing) Act |
|
| |
411 | Page 308, line 42, at end insert— |
|
| “Repatriation of Prisoners Act 1984 (c. 47) |
|
| 39A | The Repatriation of Prisoners Act 1984 is amended as follows. |
|
| 39B | In section 2 (transfer out of the United Kingdom), in subsection (4)(b), for |
|
| sub-paragraph (i) there is substituted— |
|
| “(i) | released on licence under section 28(5) of the |
|
| Crime (Sentences) Act 1997 or under section 235 |
|
| or 236 of the Criminal Justice Act 2003; or”. |
|
| 39C | In section 3 (transfer into the United Kingdom), subsection (9) is omitted. |
|
| 39D (1) | The Schedule (operation of certain enactments in relation to the prisoner) |
|
| is amended as follows in relation to prisoners repatriated to England and |
|
| |
| (2) | In paragraph 2, for sub-paragraphs (1A) and (2) there is substituted— |
|
| “(2) | If the warrant specifies a period to be taken into account for the |
|
| purposes of this paragraph, the amount of time the prisoner |
|
| has served shall, so far only as the question whether he has |
|
| served a particular part of a life sentence is concerned, be |
|
| deemed to be increased by that period. |
|
| (3) | Where the prisoner’s sentence is for a term of less than twelve |
|
| months, Chapter 6 of Part 12 of the Criminal Justice Act 2003 |
|
| shall apply as if the sentence were for a term of twelve months |
|
| |
| |
| | “the enactments relating to release on licence” means |
|
| section 28(5) and (7) of the Crime (Sentences) Act 1997 |
|
| and Chapter 6 of Part 12 of the Criminal Justice Act |
|
| |
|
|
|
|
| | “sentence”, means the provision included in the warrant |
|
| which is equivalent to sentence.”. |
|
| (3) | Paragraph 3 is omitted.” |
|
412 | Page 309, line 8, leave out paragraph 42 and insert— |
|
| “42 | In section 36 (reviews of sentencing), in subsection (2), for the words |
|
| from “erred in law” onwards there is substituted— |
|
| “(a) | erred in law as to his powers of sentencing; or |
|
| (b) | failed to impose a sentence required by— |
|
| (i) | section 51A(2) of the Firearms Act 1968; |
|
| (ii) | section 110(2) or 111(2) of the Powers of Criminal |
|
| Courts (Sentencing) Act 2000; or |
|
| (iii) | any of sections 216 to 219 of the Criminal Justice |
|
| |
413 | Page 309, line 15, at end insert— |
|
| “Firearms (Amendment) Act 1988 (c. 45) |
|
| 43A | The Firearms (Amendment) Act 1988 is amended as follows. |
|
| 43B | In section 1 (prohibited weapons and ammunition), in subsection (4A) |
|
| after paragraph (b) there is inserted— |
|
| “(bb) | may amend subsection (1A)(a) of section 91 of the Powers |
|
| of Criminal Courts (Sentencing) Act 2000 (offenders |
|
| under 18 convicted of certain serious offences: power to |
|
| detain for specified period) so as to include a reference to |
|
| any provision added by the order to section 5(1) of the |
|
| |
| (bc) | may amend section 50(5A)(a), 68(4A)(a) or 170(4A)(a) of |
|
| the Customs and Excise Management Act 1979 (offences |
|
| relating to improper importation or exportation) so as to |
|
| include a reference to anything added by the order to |
|
| section 5(1) of the principal Act,”. |
|
| 43C | In section 27(4) (which relates to Northern Ireland), after “Except for” |
|
| there is inserted “section 1, so far as enabling provision to be made |
|
| amending the Customs and Excise Management Act 1979, and”.” |
|
414 | Page 311, line 17, at end insert— |
|
| “Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) |
|
| 58A | In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act |
|
| 1993 (life prisoners transferred to Scotland)— |
|
| |
| (i) | in paragraph (a), sub-paragraph (i), and the succeeding |
|
| |
| (ii) | after paragraph (a) (ii) there is inserted “or |
|
| (iii) | subsections (5) to (8) of section 28 |
|
| (early release of life prisoners to |
|
| whom that section applies) of the |
|
| Crime (Sentences) Act 1997 (c. 43) |
|
| (in this section, the “1997 Act”) |
|
| apply by virtue of an order made |
|
|
|
|
|
| under section 28(2)(b) of that Act |
|
| (while that provision was in force) |
|
| or an order made under section |
|
| 254(2) of, or paragraph 3(1)(a) of |
|
| Schedule 18 to, the Criminal |
|
| |
| (iii) | for “28(2)(b) or 82A(2) or paragraph” there is substituted |
|
| “82A(2), 28(2)(b) or 254(2) or paragraph 3(1)(a) or”; |
|
| (b) | after subsection (1) there is inserted— |
|
| “(1AA) | This Part of this Act, except section 2(9), applies also to a |
|
| transferred life prisoner— |
|
| (a) | who is transferred from England and Wales on or |
|
| after the date on which section 254 of the Criminal |
|
| Justice Act 2003 comes into force, |
|
| (b) | in relation to whom paragraph 3 of Schedule 18 to |
|
| that Act applies by virtue of paragraph 2(a) of that |
|
| |
| (c) | in respect of whom, under the paragraph so |
|
| applying, no order has been made, |
|
| | as if the prisoner were a life prisoner within the meaning |
|
| of section 2 of this Act and the punishment part of his |
|
| sentence within the meaning of that section were the |
|
| notified minimum term defined by paragraph 3(4) of that |
|
| |
| (c) | in subsection (5)(b)— |
|
| (i) | for “the Crime (Sentences) Act 1997” there is substituted |
|
| |
| (ii) | after the words “Powers of Criminal Courts (Sentencing) |
|
| Act 2000 (c. 6)” there is inserted “section 254(2) of, or |
|
| paragraph 3(1)(a) of Schedule 18 to, the Criminal Justice |
|
| |
415 | Page 311, line 21, leave out “subsection 3(c)” and insert “in paragraph (c) of the |
|
| definition of “conviction” in subsection (5)” |
|
416 | Page 311, line 42, at end insert— |
|
| “(1A) | In subsection (1), the words after paragraph (b) are omitted.” |
|
417 | Page 312, line 6, at end insert— |
|
| “(2A) | In subsection (3), the words from “or to vary” to “one hundred” are |
|
| |
418 | Page 312, line 18, at end insert— |
|
| “(3A) | After subsection (4) there is inserted— |
|
| “(4A) | A probation order made or amended under this section must |
|
| specify as the corresponding requirements for the purposes of |
|
| this section requirements which could be included in a |
|
| community order made under section 170 of the Criminal Justice |
|
| |
419 | Page 312, line 21, leave out from “made” to end of line and insert “by a magistrates’ |
|
| court under section 170 of that Act and imposing the requirements specified under |
|
| |
|
|
|
420 | Page 312, line 22, leave out sub-paragraph (5) and insert— |
|
| “(5) | For subsection (6) there is substituted— |
|
| “(6) | In its application to a probation order made or amended under |
|
| this section, Schedule 7 to the Criminal Justice Act 2003 has effect |
|
| subject to the following modifications— |
|
| (a) | any reference to the responsible officer has effect as a |
|
| reference to the person appointed or assigned under |
|
| |
| |
| (i) | paragraphs (b) and (c) of sub-paragraph (1) are |
|
| |
| (ii) | in sub-paragraph (6), the first reference to the |
|
| Crown Court has effect as a reference to a court in |
|
| |
| (iii) | any other reference in sub-paragraphs (6) or (7) to |
|
| the Crown Court has effect as a reference to the |
|
| |
| (c) | Parts 3 and 5 are omitted.” |
|
421 | Page 312, line 37, leave out from “for” to end of line 38 and insert ““a community |
|
| punishment order” there is substituted “an unpaid work requirement”” |
|
422 | Page 313, line 35, leave out from beginning to “in” in line 36 and insert— |
|
| “65A | The Criminal Justice (Northern Ireland) Order 1996 is amended as |
|
| |
| 65B | In Article 2 (interpretation) after paragraph (8) there is inserted— |
|
| “(9) | For the purposes of this Order, a sentence falls to be imposed |
|
| under paragraph (2) of Article 52A of the Firearms (Northern |
|
| Ireland) Order 1981 if it is required by that paragraph and the |
|
| court is not of the opinion there mentioned.” |
|
| 65C | In Article 4 (absolute and conditional discharge), in paragraph (1), for |
|
| “(not being an offence for which the sentence is fixed by law)” there is |
|
| substituted “(not being an offence for which the sentence is fixed by law |
|
| or falls to be imposed under Article 52A(2) of the Firearms (Northern |
|
| |
| 65D | In Article 10 (probation orders), in paragraph (1) for “(not being an |
|
| offence for which the sentence is fixed by law)” there is substituted “(not |
|
| being an offence for which the sentence is fixed by law or falls to be |
|
| imposed under Article 52A(2) of the Firearms (Northern Ireland) Order |
|
| |
| 66 (1) | Article 13 (community service orders) is amended as follows. |
|
| (2) | In paragraph (1) for “(not being an offence for which the sentence is fixed |
|
| by law)” there is substituted “(not being an offence for which the |
|
| sentence is fixed by law or falls to be imposed under Article 52A(2) of the |
|
| Firearms (Northern Ireland) Order 1981)”. |
|
423 | Page 313, line 40, at end insert— |
|
| “66A | In Article 15 (orders combining probation and community service), in |
|
| paragraph (1) for “(not being an offence for which the sentence is fixed |
|
| by law)” there is substituted “(not being an offence for which the |
|
|
|
|
|
| sentence is fixed by law or falls to be imposed under Article 52A(2) of the |
|
| Firearms (Northern Ireland) Order 1981)”. |
|
| 66B | In Article 19 (restrictions on imposing custodial sentences), at the end of |
|
| paragraph (1) there is inserted “or falling to be imposed under Article |
|
| 52A(2) of the Firearms (Northern Ireland) Order 1981”. |
|
| 66C | In Article 20 (length of custodial sentences), at the end of paragraph (1) |
|
| there is inserted “or falling to be imposed under Article 52A(2) of the |
|
| Firearms (Northern Ireland) Order 1981”. |
|
| 66D | In Article 24 (custody probation orders), in paragraph (1) for “other than |
|
| one fixed by law” there is substituted “, other than an offence for which |
|
| the sentence is fixed by law or falls to be imposed under Article 52A(2) |
|
| of the Firearms (Northern Ireland) Order 1981,”. |
|
424 | Page 313, line 43, leave out from beginning to “subsection” and insert— |
|
| “(1) | Section 31(duration and conditions of licences) is amended as follows. |
|
| (2) | In subsection (3), for the words from “except” onwards there is |
|
| substituted “except in accordance with recommendations of the Parole |
|
| |
| (3) | Subsection (4) is omitted. |
|
| |
425 | Page 313, line 44, leave out “section 236(5)” and insert “section (Persons liable to |
|
| removal from the United Kingdom)” |
|
426 | Page 313, line 45, at end insert— |
|
| “68A | In section 32 (recall of life prisoners while on licence) for subsection (5) |
|
| |
| “(5) | Where on a reference under subsection (4) above the Parole |
|
| Board directs the immediate release on licence under this section |
|
| of the life prisoner, the Secretary of State shall give effect to the |
|
| |
427 | Page 313, line 45, at end insert— |
|
| “68B (1) | Schedule 1 (transfers of prisoners within the British Islands) is amended |
|
| |
| (2) | In paragraph 6, after sub-paragraph (3) there is inserted— |
|
| “(4) | In this Part of this Schedule— |
|
| | “the 2003 Act” means the Criminal Justice Act 2003; |
|
| | “custody plus order” has the meaning given by section |
|
| |
| | “intermittent custody order” has the meaning given by |
|
| section 176(2) of that Act.” |
|
| (3) | In paragraph 8 (restricted transfers from England and Wales to |
|
| |
| (a) | for sub-paragraph (2)(a) there is substituted— |
|
| “(a) | sections 232, 235, 237 to 241 and 243 to 249 of |
|
| the 2003 Act (fixed-term prisoners) or, as the |
|
| case may require, sections 102 to 104 of the |
|
| Powers of Criminal Courts (Sentencing) Act |
|
| 2000 (detention and training orders) or sections |
|
|
|
|
|
| 28 to 34 of this Act (life sentences) shall apply to |
|
| him in place of the corresponding provisions of |
|
| |
| (aa) | sections 62 and 64 of the Criminal Justice and |
|
| Court Services Act 2000 (which relate to licence |
|
| conditions) shall apply to him in place of the |
|
| corresponding provisions of the law of |
|
| |
| (ab) | where a custody plus order or intermittent |
|
| custody order has effect in relation to him, the |
|
| provisions of Chapters 3 and 4 of Part 12 of the |
|
| 2003 Act relating to such orders shall also apply |
|
| to him (subject to Schedule (Transfer of custody |
|
| plus orders and intermittent custody orders to |
|
| Scotland or Northern Ireland) to that Act); and”, |
|
| (b) | for sub-paragraph (4)(a) there is substituted— |
|
| “(a) | sections 232, 239 to 241 and 243 to 249 of the |
|
| 2003 Act (fixed-term prisoners) or, as the case |
|
| may require, sections 103 and 104 of the Powers |
|
| of Criminal Courts (Sentencing) Act 2000 |
|
| (detention and training orders) or sections 31 to |
|
| 34 of this Act (life sentences) shall apply to him |
|
| in place of the corresponding provisions of the |
|
| |
| (aa) | sections 62 and 64 of the Criminal Justice and |
|
| Court Services Act 2000 (which relate to licence |
|
| conditions) shall apply to him in place of the |
|
| corresponding provisions of the law of |
|
| |
| (ab) | where a custody plus order or intermittent |
|
| custody order has effect in relation to him, the |
|
| provisions of Chapters 3 and 4 of Part 12 of the |
|
| 2003 Act relating to such orders shall also apply |
|
| to him (subject to Schedule (Transfer of custody |
|
| plus orders and intermittent custody orders to |
|
| Scotland or Northern Ireland) to that Act); and”, |
|
| |
| (c) | for sub-paragraphs (5) to (7) there is substituted— |
|
| “(5) | Section 31(2A) of this Act (conditions as to supervision after release), as |
|
| applied by sub-paragraph (2) or (4) above, shall have effect as if for |
|
| paragraphs (a) to (c) there were substituted the words “a relevant officer |
|
| of such local authority as may be specified in the licence”. |
|
| (5A) | Any provision of sections 102 to 104 of the Powers of Criminal Courts |
|
| (Sentencing) Act 2000 which is applied by sub-paragraph (2) or (4) above |
|
| shall have effect (as so applied) as if— |
|
| (a) | any reference to secure accommodation were a reference to |
|
| secure accommodation within the meaning of Part 2 of the |
|
| Children (Scotland) Act 1995 or a young offenders institution |
|
| provided under section 19(1)(b) of the Prisons (Scotland) Act |
|
| |
| (b) | except in section 103(2), any reference to the Secretary of State |
|
| were a reference to the Scottish Ministers, |
|
|
|
|
|
| (c) | any reference to an officer of a local probation board were a |
|
| reference to a relevant officer as defined by section 27(1) of the |
|
| Prisoners and Criminal Proceedings (Scotland) Act 1993, |
|
| (d) | any reference to a youth court were a reference to a sheriff court, |
|
| (e) | in section 103, any reference to a petty sessions area were a |
|
| reference to a local government area within the meaning of the |
|
| Local Government etc. (Scotland) Act 1994, |
|
| (f) | in section 103(3), for paragraphs (b) and (c) there were |
|
| substituted a reference to an officer of a local authority |
|
| constituted under that Act for the local government area in which |
|
| the offender resides for the time being, |
|
| (g) | section 103(5) were omitted, |
|
| (h) | in section 104, for subsection (1) there were substituted— |
|
| “(1) | Where a detention and training order is in force in respect |
|
| of an offender and it appears on information to a sheriff |
|
| court having jurisdiction in the locality in which the |
|
| offender resides that the offender has failed to comply |
|
| with requirements under section 103(6)(b), the court |
|
| |
| (a) | issue a citation requiring the offender to appear |
|
| before it at the time specified in the citation, or |
|
| (b) | issue a warrant for the offender’s arrest.” |
|
| (i) | section 104(2) were omitted, and |
|
| (j) | in section 104(6), the reference to the Crown Court were a |
|
| reference to the High Court of Justiciary.” |
|
| (4) | In paragraph 9 (restricted transfers from England and Wales to Northern |
|
| |
| (a) | for sub-paragraph (2)(a) there is substituted— |
|
| “(a) | sections 232, 235, 237 to 241 and 243 to 249 of |
|
| the 2003 Act (fixed-term prisoners) or, as the |
|
| case may require, sections 102 to 104 of the |
|
| Powers of Criminal Courts (Sentencing) Act |
|
| 2000 (detention and training orders) or sections |
|
| 28 to 34 of this Act (life sentences) shall apply to |
|
| him in place of the corresponding provisions of |
|
| the law of Northern Ireland; |
|
| (aa) | sections 62 and 64 of the Criminal Justice and |
|
| Court Services Act 2000 (which relate to licence |
|
| conditions) shall apply to him in place of the |
|
| corresponding provisions of the law of |
|
| |
| (ab) | where a custody plus order or intermittent |
|
| custody order has effect in relation to him, the |
|
| provisions of Chapters 3 and 4 of Part 12 of the |
|
| 2003 Act relating to such orders shall apply to |
|
| him (subject to Schedule (Transfer of custody plus |
|
| orders and intermittent custody orders to Scotland |
|
| or Northern Ireland) to that Act); and”, |
|
| (b) | for sub-paragraph (4)(a) there is substituted— |
|
| “(a) | sections 232, 239 to 241 and 243 to 249 of the |
|
| 2003 Act (fixed-term prisoners) or, as the case |
|
| may require, sections 103 and 104 of the Powers |
|
| of Criminal Courts (Sentencing) Act 2000 |
|
|