Criminal Justice and Immigration Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 22 — Transitory, transitional and saving provisions
Part 5 — International co-operation in relation to criminal justice matters
226


after the commencement of section 68.
      (2)
Section 69(3) applies in relation to things done as mentioned in—
(a)
article 3(1) of the Protection of Children (Northern Ireland) Order
1978 (S.I. 1978/1047 (N.I. 17)) (offences relating to indecent
photographs of children), or
5
(b)
article 15(1) of the Criminal Justice (Evidence, Etc.) (Northern
Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (offence of possession
of indecent photographs of children),

after the commencement of section 69.
Maximum penalty for publication etc. of obscene articles
10
17
Section 70 does not apply to offences committed before the commencement
of that section.
Loitering etc. for purposes of prostitution
18
In determining for the purposes of section 1 of the Street Offences Act 1959
(c. 57) (as amended by section 71) whether a person’s conduct is persistent,
15
any conduct that takes place before the commencement of section 71 is to be
disregarded.
Offences relating to nuclear material and nuclear facilities
19
The new section 2 inserted into the Nuclear Material (Offences) Act 1983
(c. 18) by paragraph 4 of Schedule 15 and the repeal in Part 4 of Schedule 23
20
of section 14 of the Terrorism Act 2006 (c. 11) do not apply in relation to
anything done before the date on which Schedule 15 comes into force.
Imprisonment for unlawfully obtaining etc. personal data
20
The amendments made by section 75 do not apply in relation to an offence
committed before the commencement of that section.
25
Part 5
International co-operation in relation to criminal justice matters
Mutual recognition of financial penalties
21    (1)
The amendments made by subsection (1) of section 76, and subsection (2) of
that section, do not apply in relation to financial penalties (within the
30
meaning of that section) imposed before that section comes into force.
      (2)
Section 78 does not apply in relation to financial penalties (within the
meaning of that section) imposed before that section comes into force.

Criminal Justice and Immigration Bill
Schedule 22 — Transitory, transitional and saving provisions
Part 8 — Special immigration status
227

Part 6
Violent offender orders
Penalties for offences
22
In section 98(6)(a) the reference to 12 months is to be read as a reference to 6
months in relation to an offence committed before the commencement of
5
section 154(1) of the Criminal Justice Act 2003 (c. 44).
Part 7
Anti-social behaviour
Review of anti-social behaviour orders etc.
23    (1)
The amendments made by section 108 do not apply in relation to an anti-
10
social behaviour order, or a section 1B or 1C order, made more than 9
months before the day on which that section comes into force, unless the
order has been varied by a further order made no more than 9 months before
that day.
      (2)
In sub-paragraph (1) “section 1B or 1C order” means an order under section
15
1B or section 1C of the Crime and Disorder Act 1998 (c. 37).
Individual support orders
24    (1)
The amendments made by section 109 do not apply in relation to an anti-
social behaviour order, or a section 1B or 1C order, made more than 9
months before the day on which that section comes into force, unless the
20
order has been varied by a further order made no more than 9 months before
that day.
      (2)
In sub-paragraph (1) “section 1B or 1C order” means an order under section
1B or section 1C of the Crime and Disorder Act 1998.
Part 8
25
Special immigration status
Conditions on designated persons
25
In the application of section 118 to England and Wales in relation to an
offence committed before the commencement of section 281(5) of the
Criminal Justice Act 2003 (51 week maximum term of sentences) the
30
reference in section 118(6)(b) to 51 weeks is to be read as a reference to six
months.

Criminal Justice and Immigration Bill
Schedule 23 — Repeals and revocations
Part 1 — Youth rehabilitation orders
228

Schedule 23
Section 125

Repeals and revocations
Part 1
Youth rehabilitation orders

Title
Extent of repeal

5

Children and Young Persons
In section 34(7), the words “section 163 of the

Act 1933 (c. 12)
Powers of Criminal Courts (Sentencing) Act

2000 or”.

In section 49—

(a)
in subsection (4A), paragraph (d) (but

10

not the word “and” immediately

following it);

(b)
in subsection (13)(c), sub-paragraph (i)

together with the word “and”

immediately following it.

15

Children and Young Persons
In section 70(1), the definition of “supervision

Act 1969 (c. 54)
order”.

Bail Act 1976 (c. 63)
In section 4(3), the words “to be dealt with”.

Magistrates’ Courts Act 1980
In Schedule 6A, the entries relating to Schedules

(c. 43)
3, 5 and 7 to the Powers of Criminal Courts

20

(Sentencing) Act 2000 (c. 6).

Contempt of Court Act 1981
In section 14, the subsection (2A) inserted by the

(c. 49)
Criminal Justice Act 1982 (c. 48).

Criminal Justice Act 1982 (c. 48)
In Schedule 13—

(a)
in paragraph 7(2)(b), the words “(within

25

the meaning of Part 12 of the Criminal

Justice Act 2003)”;

(b)
in paragraph 7(3)(b), the words “within

the meaning of Part 12 of the Criminal

Justice Act 2003”;

30

(c)
in paragraph 9(3)(a), the words “under

section 177 of the Criminal Justice Act

2003”;

(d)
in paragraph 9(4)(a), the words “(within

the meaning of Part 12 of the Criminal

35

Justice Act 2003)”;

(e)
in paragraph 9(5), the words “(within

the meaning of the Part 12 of the

Criminal Justice Act 2003)”;

(f)
in paragraph 9(6), the words “(within

40

the meaning of Part 12 of the Criminal

Justice Act 2003)”.

In Schedule 14, paragraph 60.

Mental Health Act 1983 (c. 20)
In section 37(8)(c), the words “a supervision

order (within the meaning of that Act) or”.

45

Criminal Justice and Immigration Bill
Schedule 23 — Repeals and revocations
Part 1 — Youth rehabilitation orders
229

Title
Extent of repeal

Health and Social Services and
In Schedule 2, paragraph 16.

Social Security Adjudications

Act 1983 (c. 41)

Children Act 1989 (c. 41)
In section 21(2)(c), in sub-paragraph (i), the

5

words “paragraph 7(5) of Schedule 7 to the

Powers of Criminal Courts (Sentencing) Act

2000 or” and the word “or” at the end of that

sub-paragraph.

In section 105(6), in paragraph (b), the words

10

from “or an” to the end of that paragraph.

Criminal Justice Act 1991 (c. 53)
In paragraph 11 of Schedule 3—

(a)
in sub-paragraph (2)(a), the words

“under section 177 of the Criminal

Justice Act 2003”;

15

(b)
in sub-paragraph (4), the words “under

section 177 of the Criminal Justice Act

2003”.

In Schedule 11, paragraph 3.

Prisoners (Return to Custody)
Section 2(2)(b).

20

Act 1995 (c. 16)

Crime and Disorder Act 1998
In section 38(4)—

(c. 37)
(a)
paragraph (g);

(b)
in paragraph (h), the words “or a

supervision order”.

25

In Schedule 8, paragraph 13(1).

Powers of Criminal Courts
Chapters 1, 2, 4 and 5 of Part 4.

(Sentencing) Act 2000 (c. 6)
In section 74(3)(a), the words “or with the

requirements of any community order or any

youth community order to which he may be

30

subject”.

In section 75, the words “action plan orders

and” and “so far as relating to reparation

orders”.

In section 137(2)—

35

(a)
paragraphs (a) to (c);

(b)
in paragraph (d), the words “action plan

order or”.

In section 159, the words “paragraph 3(1), 10(6)

or 18(1) of Schedule 3 to this Act,”,

40

“paragraph 1(1) of Schedule 5 to this Act,”

and “paragraph 7(2) of Schedule 7 to this Act,

or”.

In section 160—

(a)
subsection (2);

45

(b)
in subsection (3)(a), “40(2)(a)”;

(c)
subsection (5).

Criminal Justice and Immigration Bill
Schedule 23 — Repeals and revocations
Part 1 — Youth rehabilitation orders
230

Title
Extent of repeal

Powers of Criminal Courts
In section 163, the definitions of—

(Sentencing) Act 2000 (c. 6)—
(a)
“action plan order”;

cont.
(b)
“affected person”;

(c)
“attendance centre”;

5

(d)
“attendance centre order”;

(e)
“community sentence”;

(f)
“curfew order”;

(g)
“exclusion order”;

(h)
“supervision order”;

10

(i)
“supervisor”;

(j)
“youth community order”;

and paragraphs (a), (aa) and (f) of the definition

of “responsible officer”.

Schedules 3 and 5 to 7.

15

In Schedule 8—

(a)
in the heading, the words “action plan

orders and”;

(b)
paragraph 1 and the heading preceding

that paragraph;

20

(c)
in the cross-heading before paragraph 2,

the words “action plan order or”;

(d)
in paragraph 2—

(i)
in sub-paragraph (2), in

paragraph (a), sub-paragraphs

25

(ii) and (iii) and in paragraphs (b)

and (c) the words “action plan

order or”;

(ii)
in sub-paragraphs (5) and (7), the

words “action plan order or”;

30

(iii)
in sub-paragraph (8), the words

“or action plan order” in both

places;

(e)
paragraphs 3 and 4;

(f)
in the cross-heading before paragraph 5,

35

the words “action plan order or”;

(g)
in paragraph 5(1)(a), the words “action

plan order or”;

(h)
in paragraph 6(9)(a), (b) and (c), the

words “action plan order or”.

40

In Schedule 9, paragraphs 1, 2(2), (3)(a) and (4),

28(2), 33, 41, 42, 49, 80, 93(a), 126(b), 127, 129

and 131.

In Schedule 10, paragraphs 4 to 6 and 12 to 15.

In Schedule 11, paragraphs 4(1)(a), (2) and (3)

45

and 5.

Care Standards Act 2000 (c. 14)
In Schedule 4, paragraph 28(3).

Criminal Justice and Court
Section 46.

Services Act 2000 (c. 43)
Section 52.

Section 70(5).

50

Criminal Justice and Immigration Bill
Schedule 23 — Repeals and revocations
Part 2 — Sentencing
231

Title
Extent of repeal

Criminal Justice and Court
In Schedule 7—

Services Act 2000 (c. 43)—
(a)
in paragraph 4(2), in the entry relating to

cont.
the Powers of Criminal Courts

(Sentencing) Act 2000, the entries

5

beginning “sections 63(1)(b)” and “in

section 69”;

(b)
paragraphs 69, 163, 164, 174, 175 and

192;

(c)
in paragraph 196, paragraphs (a), (b),

10

(c)(i) and (iii) and (d);

(d)
in paragraph 197—

(i)
paragraph (a);

(ii)
paragraph (d);

(iii)
in paragraph (f), the definitions

15

of “affected person” and

“exclusion order”;

(iv)
paragraph (g)(i);

(e)
paragraphs 201, 202(2) and 204.

Anti-social Behaviour Act 2003
Section 88.

20

(c. 38)
Schedule 2.

Criminal Justice Act 2003 (c. 44)
In section 147, subsections (1)(b) and (2).

In section 148—

(a)
in subsection (2), the words “which

consists of or includes a community

25

order”;

(b)
subsection (3).

In section 156(2), “or (3)(a)”.

In section 176, the definition of “youth

community order”.

30

In section 197(1)(b), the words “the offender is

aged 18 or over and”.

Section 199(4).

Section 211(5).

In section 221(2), paragraph (b) together with

35

the word “or” immediately preceding it.

Section 279.

In Schedule 8, paragraphs 12, 15 and 17(5).

Schedule 24.

In Schedule 32, paragraphs 2(2), 8(2)(a),

40

64(3)(a)(ii), 73, 89(2), 95 to 105, 106(2), 107,

122, 123(3), (5) and (8), 125, 127, 128, 129 and

138.

Part 2
Sentencing
45

Title
Extent of repeal or revocation

Criminal Justice Act 1991 (c. 53)
Section 46(1).

Criminal Justice and Immigration Bill
Schedule 23 — Repeals and revocations
Part 2 — Sentencing
232

Title
Extent of repeal or revocation

Criminal Justice Act 1991
In section 46A—

(c. 53)—cont.
(a)
in subsection (1), the words “Subject to

subsection (2) below,”;

(b)
subsection (2);

5

(c)
in subsection (5), the words “three

months or more but”;

(d)
subsection (8).

In section 50(2), the words from “but nothing” to

the end.

10

Crime (Sentences) Act 1997
In section 31(1), “(1) or (2)”.

(c. 43)
In Schedule 5, in paragraph 7, the words “the

corresponding subsection of”.

Powers of Criminal Courts
In section 17—

(Sentencing) Act 2000 (c. 6)
(a)
in subsection (1), paragraph (c) together

15

with the word “and” immediately

preceding it, and

(b)
subsection (5).

Criminal Justice Act 2003 (c. 44)
In section 142(2)(a), the words “at the time of

conviction”.

20

Section 254(3) to (5).

In section 256—

(a)
in subsection (2), “or (b)”;

(b)
subsections (3) and (5).

In section 260—

25

(a)
in subsection (1), the words “Subject to

subsections (2) and (3) below,”;

(b)
subsections (2) and (3);

(c)
in subsection (6), in paragraph (a), “or

(3)(e)” and paragraphs (b) and (c).

30

In section 264A(3), the words from “and none”

to the end.

In section 300—

(a)
in subsection (1), paragraph (b) together

with the word “or” immediately

35

preceding it;

(b)
in subsection (2)—

(a)
the words from “or, as the case

may be” to “young offender)”;

(b)
the word “or” at the end of

40

paragraph (a).

In Schedule 31, in paragraph 4(5)(a), “, (5)”.

Referral Orders (Amendment of
Regulation 2(2) and (3).

Referral Conditions)

Regulations 2003 (S.I. 2003/

45

1605)