(113-119)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  113  )
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

community orders), or

(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

substituted—

“(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

2000;”.”
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

Wales.

      (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

or more.

      (4)
In this paragraph—


“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

2003;

(  114  )


“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

Act 2003.””
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

principal Act,

(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)—

(a)
in subsection (1)—

(i)
in paragraph (a), sub-paragraph (i), and the succeeding

“or”, are omitted, and

(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

(  115  )

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

Justice Act 2003;”, and

(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

Schedule, but

(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

Schedule.”; and

(c)
in subsection (5)(b)—

(i)
for “the Crime (Sentences) Act 1997” there is substituted

“the 1997 Act”, and

(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

Act 2003,”.”
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

omitted.”
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

Act 2003.””
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

subsection (4A) above”

(  116  )
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

subsection (1)(a) above,

(b)
in paragraph 9—

(i)
paragraphs (b) and (c) of sub-paragraph (1) are

omitted,

(ii)
in sub-paragraph (6), the first reference to the

Crown Court has effect as a reference to a court in

Scotland, and

(iii)
any other reference in sub-paragraphs (6) or (7) to

the Crown Court has effect as a reference to the

court in Scotland, and

(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

follows.

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

Ireland) Order 1981)”.

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

1981)”.

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

(  117  )

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

Board”.

(3)
Subsection (4) is omitted.

(4)
In”
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)

there is substituted—

“(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

direction.””
427
Page 313, line 45, at end insert—

“68B (1)
Schedule 1 (transfers of prisoners within the British Islands) is amended

as follows.

(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

174(4) of that Act;


“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

Scotland)—

(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

(  118  )

28 to 34 of this Act (life sentences) shall apply to

him in place of the corresponding provisions of

the law of Scotland;

(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

Scotland;

(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

law of Scotland;

(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

Scotland;

(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”,

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

1989,

(b)
except in section 103(2), any reference to the Secretary of State

were a reference to the Scottish Ministers,

(  119  )

(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

may—

(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

Ireland)—

(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

Northern Ireland;

(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