|
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| |
| |
|
| | “35A | An offence under section 64 of the Criminal Justice and |
|
| | Immigration Act 2008 (possession of extreme pornographic |
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| | |
| | |
| | (b) | is sentenced in respect of the offence to imprisonment for a |
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| | term of at least 2 years.” |
|
| | (3) | After paragraph 92 insert— |
|
| | “92A | An offence under section 64 of the Criminal Justice and |
|
| | Immigration Act 2008 (possession of extreme pornographic |
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| | |
| | |
| | (b) | is sentenced in respect of the offence to imprisonment for a |
|
| | term of at least 2 years.” |
|
| | (4) | In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “35A”. |
|
| | (5) | This paragraph extends to England and Wales and Northern Ireland only.’. |
|
| |
| Schedule 21, page 225, line 12, at end insert— |
|
| | ‘16A | In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain |
|
| | time periods relating to bail and custody under Part 10), before paragraph (a) |
|
| | |
| | |
| |
| Schedule 21, page 225, line 12, at end insert— |
|
| | ‘16B (1) | Section 325 (arrangements for assessing etc risks posed by certain offenders) |
|
| | |
| | (2) | In subsection (8), for “section 326” substitute “sections 326 and 327A”. |
|
| | (3) | After that subsection insert— |
|
| | “(8A) | Responsible authorities must have regard to any guidance issued under |
|
| | subsection (8) in discharging those functions.” |
|
| | 16C | In section 326(5)(a) (review of arrangements), for “and this section” substitute |
|
| | “, this section and section 327A”.’. |
|
| |
| Schedule 21, page 225, line 15, at end insert— |
|
| | ‘Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving |
|
| | Provisions) Order 2005 (S.I. 2005/950) |
|
| | 17A | In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 |
|
| | (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 |
|
| | (saving from certain provisions of the Criminal Justice Act 2003 for sentences |
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| | of imprisonment of less than 12 months), for “sections 244 to 268” substitute |
|
| | “sections 244 to 264 and 266 to 268”.’. |
|
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|
| |
| |
|
| |
| Schedule 21, page 225, line 15, at end insert— |
|
| | ‘Terrorism Act 2006 (c. 11) |
|
| | 17A(1) | Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as |
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| | |
| | (2) | In the cross-heading before paragraph 6 (offences involving nuclear material), |
|
| | after “material” add “or nuclear facilities”. |
|
| | (3) | In paragraph 6(1), after “section 1(1)” insert “(a) to (d)”. |
|
| | (4) | For paragraph 6(2) and (3) substitute— |
|
| | “(2) | An offence mentioned in section 1(1)(a) or (b) of that Act where the |
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| | act making the person guilty of the offence (whether done in the |
|
| | United Kingdom or elsewhere)— |
|
| | (a) | is directed at a nuclear facility or interferes with the |
|
| | operation of such a facility, and |
|
| | (b) | causes death, injury or damage resulting from the emission |
|
| | of ionising radiation or the release of radioactive material. |
|
| | (3) | An offence under any of the following provisions of that Act— |
|
| | (a) | section 1B (offences relating to damage to environment); |
|
| | (b) | section 1C (offences of importing or exporting etc. nuclear |
|
| | material: extended jurisdiction); |
|
| | (c) | section 2 (offences involving preparatory acts and threats). |
|
| | (4) | Expressions used in this paragraph and that Act have the same |
|
| | meanings in this paragraph as in that Act.” |
|
| | (5) | After paragraph 6 insert— |
|
| | “6A(1) | Any of the following offences under the Customs and Excise |
|
| | |
| | (a) | an offence under section 50(2) or (3) (improper importation |
|
| | of goods) in connection with a prohibition or restriction |
|
| | relating to the importation of nuclear material; |
|
| | (b) | an offence under section 68(2) (exportation of prohibited or |
|
| | restricted goods) in connection with a prohibition or |
|
| | restriction relating to the exportation or shipment as stores |
|
| | |
| | (c) | an offence under section 170(1) or (2) (fraudulent evasion |
|
| | of duty etc.) in connection with a prohibition or restriction |
|
| | relating to the importation, exportation or shipment as |
|
| | stores of nuclear material. |
|
| | (2) | In this paragraph “nuclear material” has the same meaning as in the |
|
| | Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”’. |
|
| |
| Schedule 21, page 225, line 28, at end insert— |
|
| | ‘Armed Forces Act 2006 (c. 52) |
|
| | 19A | In paragraph 12(ah) of Schedule 2 to the Armed Forces Act 2006 (offences)— |
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|
|
| |
| |
|
| | (a) | for “and 18 to 23” substitute “, 18 to 23 and 29B to 29G”; and |
|
| | (b) | for “racial or religious hatred” substitute “hatred by reference to race |
|
| | |
| |
| Schedule 22, page 227, line 22, at end insert— |
|
| | ‘5A | In subsection (5) of section 148 of the Criminal Justice Act 2003 (c. 44) |
|
| | (restrictions on imposing community sentences), as inserted by section 11 of |
|
| | this Act, the reference to a youth rehabilitation order is to be read as including |
|
| | a reference to any youth community order within the meaning of section |
|
| | 147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately |
|
| | before the commencement of paragraph 72 of Schedule 4 to this Act).’. |
|
| |
| Schedule 22, page 228, line 19, at end insert— |
|
| | ‘10A (1) | Subject to the following provisions of this paragraph, the Rehabilitation of |
|
| | Offenders Act 1974 (c. 53) (as amended by Schedule 12 to this Act) applies to |
|
| | cautions given before the commencement date as it applies to cautions given |
|
| | |
| | (2) | A caution given before the commencement date shall be regarded as a spent |
|
| | caution at a time determined in accordance with sub-paragraphs (3) to (8). |
|
| | (3) | A caution other than a conditional caution (as defined in section 8A(2)(a) of |
|
| | the 1974 Act) shall be regarded as a spent caution on the commencement date. |
|
| | (4) | If the period of three months from the date on which a conditional caution was |
|
| | given ends on or before the commencement date, the caution shall be regarded |
|
| | as a spent caution on the commencement date unless sub-paragraph (7) |
|
| | |
| | (5) | If the period of three months from the date on which a conditional caution was |
|
| | given ends after the commencement date, the caution shall be regarded as a |
|
| | spent caution at the end of that period of three months unless sub-paragraph (7) |
|
| | |
| | (6) | Sub-paragraph (7) applies if— |
|
| | (a) | before the date on which the caution would be regarded as a spent |
|
| | caution in accordance with sub-paragraph (4) or (5) (“the relevant |
|
| | date”), the person concerned is convicted of the offence in respect of |
|
| | which the caution was given, and |
|
| | (b) | the rehabilitation period for the offence ends after the relevant date. |
|
| | (7) | The caution shall be regarded as a spent caution at the end of the rehabilitation |
|
| | |
| | (8) | If, on or after the date on which the caution becomes regarded as a spent |
|
| | caution in accordance with sub-paragraph (4) or (5), the person concerned is |
|
| | convicted of the offence in respect of which the caution was given— |
|
| | (a) | the caution shall be treated for the purposes of Schedule 2 to the 1974 |
|
| | Act as not having become spent in relation to any period before the end |
|
| | of the rehabilitation period for the offence, and |
|
| | (b) | the caution shall be regarded as a spent caution at the end of that |
|
| | |
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|
| |
| |
|
| | (9) | In this paragraph, “the commencement date” means the date on which section |
|
| | |
| |
| Schedule 22, page 228, leave out lines 25 to 29. |
|
| |
| Schedule 22, page 230, line 33, at end insert— |
|
| | ‘(3) | Section (Requests to other member States: Northern Ireland) does not apply in |
|
| | relation to financial penalties (within the meaning of that section) imposed |
|
| | before that section comes into force. |
|
| | (4) | Section (Requests from other member States: Northern Ireland) does not apply |
|
| | in relation to financial penalties (within the meaning of that section) imposed |
|
| | before that section comes into force.’. |
|
| |
| Schedule 22, page 231, line 24, at end insert— |
|
| | |
| | Police misconduct and performance procedures |
|
| | 24A(1) | This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 19 come |
|
| | into force before the relevant provisions of the Legal Services Act 2007 come |
|
| | |
| | (2) | Until the relevant provisions of the Legal Services Act 2007 come into force— |
|
| | (a) | section 84 of the Police Act 1996 (c. 16) (as substituted by paragraph |
|
| | 7 of that Schedule and as referred to in the subsection (4) of section 85 |
|
| | of that Act substituted by paragraph 8(3) of that Schedule) has effect |
|
| | as if, in subsection (4), for the definition of “relevant lawyer” there |
|
| | |
| | ““relevant lawyer” means counsel or a solicitor;”; and |
|
| | (b) | section 4 of the Ministry of Defence Police Act 1987 (c. 4) (as |
|
| | substituted by paragraph 15 of that Schedule and as referred to in |
|
| | subsection (6) of the section 4A of that Act substituted by paragraph |
|
| | 16 of that Schedule) has effect as if, in subsection (4), for the definition |
|
| | of “relevant lawyer” there were substituted— |
|
| | ““relevant lawyer” means counsel or a solicitor;”. |
|
| | (3) | In this paragraph “the relevant provisions of the Legal Services Act 2007” |
|
| | means the provisions of that Act which provide, for the purposes of that Act, |
|
| | for a person to be an authorised person in relation to an activity which |
|
| | constitutes the exercise of a right of audience (within the meaning of that |
|
| | |
| |
| Schedule 22, page 231, line 32, at end insert— |
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|
|
| |
| |
|
| | |
| | Persistent sales of tobacco to persons under 18 |
|
| | 26 | The new sections 12A and 12B inserted into the Children and Young Persons |
|
| | Act 1933 (c. 12) by section (Persistent sales of tobacco to persons under 18) |
|
| | do not apply where any of the offences mentioned in those new sections were |
|
| | committed before the commencement of that section.’. |
|
| |
| Schedule 22, page 231, line 32, at end insert— |
|
| | |
| | 27 | The amendment made by sub-paragraph (1) of paragraph 12B of Schedule 21 |
|
| | is not to be read as affecting the validity of any supplementary, incidental, |
|
| | consequential, transitional, transitory or saving provisions included in orders |
|
| | or regulations made by the Secretary of State under the Sexual Offences Act |
|
| | 2003 before the commencement of that sub-paragraph.’. |
|
| |
| Schedule 23, page 232, line 15, at end insert— |
|
| ‘Social Work (Scotland) Act 1968 |
| In section 94(1), in the definition of “supervision |
| | | | | order”, the words “the Powers of Criminal Courts |
| | | | | (Sentencing) Act 2000 or”.’. |
| | |
|
| |
| Schedule 23, page 232, line 16, column 2, at beginning insert— |
|
|
| |
| Schedule 23, page 232, line 17, at end insert— |
|
| ‘Northern Ireland (Modification of |
| In Schedule 1, the entry relating to section 25(2) of |
| | | | Enactments — No. 1) Order |
| the Children and Young Persons Act 1969. |
| | | | | | | | | Transfer of Functions (Local |
| In Schedule 2, the entry relating to section 25 of the |
| | | | Government, etc.) (Northern |
| Children and Young Persons Act 1969.’. |
| | | | Ireland) Order 1973 (S.R. & O. |
| | | | | | | | |
|
|
|
| |
| |
|
| |
| Schedule 23, page 233, line 2, column 2, leave out ‘paragraph’ and insert |
|
| |
| |
| Schedule 23, page 233, line 11, column 2, at end insert— |
|
| | ‘In Schedule 13, paragraph 35(3).’. |
| | |
|
| |
| Schedule 23, page 233, line 19, at end insert— |
|
| ‘Children (Prescribed Orders — |
| | | | | Northern Ireland, Guernsey and |
| (a) | sub-paragraph (a)(ii); |
| | | | Isle of Man) Regulations 1991 |
| (b) | sub-paragraph (b)(i), (ii), (iv) and (v); and |
| | | | | (c) | sub-paragraph (c)(ii) and (iii).’. |
| | |
|
| |
| Schedule 23, page 233, line 20, column 2, leave out ‘2(2)(b)’ and insert ‘2(2)’. |
|
| |
| Schedule 23, page 233, line 21, at end insert— |
|
| ‘Children (Northern Ireland |
| | | | | Consequential Amendments) |
| | | | | Order 1995 (S.I. 1995/ 756) |
| | | |
|
| |
| Schedule 23, page 234, line 42, column 2, after ‘33,’ insert ‘, 34(b)’. |
|
| |
| Schedule 23, page 234, line 42, column 2, after ‘33,’ insert ‘, 39’. |
|
| |
| Schedule 23, page 234, column 2, leave out line 43 and insert ‘, 131 and 132’. |
|
| |
| Schedule 23, page 235, line 8, column 2, after ‘paragraphs’ insert ‘37(b),’. |
|
| |
| Schedule 23, page 235, line 40, column 2, at end insert ‘14,’. |
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|
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| |
| |
|
| |
| Schedule 23, page 235, line 41, column 2, after ‘64(3)(a)(ii),’ insert ‘70(5)(a) and |
|
| |
| |
| Schedule 23, page 235, line 42, column 2, after ‘129’ insert ‘, 131(3)’. |
|
| |
| Schedule 23, page 236, line 18, column 2, at end insert— |
|
|
| |
| Schedule 23, page 236, line 46, at end insert— |
|
| ‘Criminal Justice Act 2003 |
| Paragraph 30 of Schedule 2.’. |
| | | | | | | | | | | | | | Provisions) Order 2005 (S.I. |
| | | | | | | | |
|
| |
|
| Schedule 23, page 236, line 46, at end insert— |
|
| | |
| | | | | | Criminal Appeal Act 1968 (c. 19) |
| In section 4(2), the words “for the offence of which |
| | | | | he remains convicted on that count”. |
| | | | | | | | | | | | | | | (b) | in subsection (7), the definition of interim |
| | | | | | | | | | | | | | | | | | | | | | | | | (b) | in subsection (7), the definition of interim |
| | | | | | | | | | | | | | | In section 31, in the heading, the words “under Part |
| | | | | | | | | | | | | | Judicature (Northern Ireland) Act |
| | | | | | (a) | in subsection (2), the words from “or, where |
| | | | | subsection (3) applies” to the end; |
| | | | | | | | | Criminal Appeal (Northern |
| | | | | Ireland) Act 1980 (c. 47) |
| | | | | Mental Health Act 1983 (c. 20) |
| In Schedule 4, paragraph 23(d)(ii). |
| | | | Criminal Justice Act 1988 (c. 33) |
| In section 36(9), the word “and” at the end of |
| | | | | | | | | Powers of Criminal Courts |
| | | | | (Sentencing) Act 2000 (c. 6) |
| (a) | in subsection (1), the words from “or, where |
| | | | | subsection (2) below applies” to the end; |
| | | | | (b) | subsections (2) and (3). |
| | | | Criminal Justice Act 2003 (c. 44) |
| | | |
|
|