Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 33 — Transitory, transitional and saving provisions
Part 1 — Youth justice
294

Schedule 33
Section 171

Transitory, transitional and saving provisions
Part 1
Youth justice
Abolition of certain youth orders and related amendments
5
1     (1)
Section 1, subsections (1) and (2) of section 6, the amendments in Part 1 of
Schedule 4 and the repeals and revocations in Part 1 of Schedule 34 do not
have effect in relation to—
(a)
any offence committed before they come into force, or
(b)
any failure to comply with an order made in respect of an offence
10
committed before they come into force.
      (2)
So far as an amendment in Part 2 of Schedule 4 relates to any of the following
orders, the amendment has effect in relation to orders made before, as well
as after, the amendment comes into force—
(a)
a referral order made under the Powers of Criminal Courts
15
(Sentencing) Act 2000 (c. 6);
(b)
a reparation order made under that Act;
(c)
a community order made under section 177 of the Criminal Justice
Act 2003 (c. 44).
Reparation orders
20
2     (1)
Sub-paragraph (2) applies if the amendments of Schedule 8 to the Powers of
Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation
orders) made by paragraph 106(1) to (5) of Schedule 4 (reparation orders:
court before which offender to appear or be brought) come into force before
the amendments of Schedule 8 to that Act made by paragraph 62 of that
25
Schedule.
      (2)
After paragraph 106(1) to (5) of Schedule 4 comes into force, and until
paragraph 62 of that Schedule comes into force, paragraph 3 of Schedule 8 to
the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—
(a)
in sub-paragraph (5)(a) and (c), for “the appropriate court” there
30
were substituted “a youth court”, and
(b)
in sub-paragraph (6), for “appropriate” there were substituted
“youth”.
      (3)
Sub-paragraph (4) applies if the amendments of Schedule 8 to the Powers of
Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation
35
orders) made by paragraph 62 of Schedule 4 come into force before the
amendments of Schedule 8 to that Act made by paragraph 106(1) to (5) of
that Schedule (reparation orders: court before which offender to appear or
be brought).
      (4)
After paragraph 62 of Schedule 4 comes into force, and until paragraph
40
106(1) to (5) of that Schedule comes into force, paragraph 1 of Schedule 8 to
the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—
(a)
for “an action plan order or” there were substituted “a”, and
(b)
the words “69(8) or, as the case may be,” were omitted.

Criminal Justice and Immigration Bill
Schedule 33 — Transitory, transitional and saving provisions
Part 2 — Sentencing
295

Making of youth rehabilitation orders: other existing orders
3
In paragraph 28(3)(c) of Schedule 1 (requirements not to conflict with other
obligations), 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
5
immediately before the commencement of paragraph 72 of Schedule 4 to this
Act).
Instructions: other existing orders
4
In section 5(3)(c) (instructions not to conflict with other obligations), the
reference to a youth rehabilitation order is to be read as including a reference
10
to any youth community order within the meaning of section 147(2) of the
Criminal Justice Act 2003 (as it has effect immediately before the
commencement of paragraph 72 of Schedule 4 to this Act).
Fine default: section 35 of the Crime (Sentences) Act 1997
5
The amendments, repeals and revocations in section 6, Schedule 4 and Part
15
1 of Schedule 34 of provisions which are necessary to give effect to section
35 of the Crime (Sentences) Act 1997 (c. 43) (fine defaulters) do not have
effect in relation to a sum ordered to be paid where—
(a)
the sum is treated as adjudged to be paid on conviction, and
(b)
the act or omission to which the sum relates occurred, or the order
20
was made, before the commencement of those repeals and
amendments.
Restrictions on imposing community sentences
6
In subsection (5) of section 148 of the Criminal Justice Act 2003 (restrictions
on imposing community sentences), as inserted by section 11 of this Act, the
25
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 (as it has effect immediately before the
commencement of paragraph 72 of Schedule 4 to this Act).
Attendance centre rules
30
7
The reference in paragraph 1(2)(a)(ii) of Schedule 2 to rules made under
subsection (1)(d) or (e) of section 222 of the Criminal Justice Act 2003
includes a reference to rules made, or having effect as if made, before the
coming into force of that section under section 62(3) of the Powers of
Criminal Courts (Sentencing) Act 2000 (c. 6) (provision, regulation and
35
management of attendance centres).
Part 2
Sentencing
Abolition of suspended sentences
8
If section 10 is to come into force before the day on which section 61 of the
40
Criminal Justice and Court Services Act 2000 (c. 43) (abolition of sentences of
detention in a young offender institution, custody for life, etc.) comes into

Criminal Justice and Immigration Bill
Schedule 33 — Transitory, transitional and saving provisions
Part 3 — Other criminal justice provisions
296

force (or fully into force) the provision that may be made by order under
section 171 includes provision modifying section 10 with respect to
sentences passed, or other things done, at any time before section 61 of that
Act comes into force (or fully into force).
9
Nothing in section 10 affects the power to suspend a sentence of
5
imprisonment under section 189(1) of the Criminal Justice Act 2003 (c. 44)
(suspended sentences) in relation to a summary offence committed before
the commencement of section 10.
Fine defaulters
10    (1)
Section 23 and Schedule 5 do not apply—
10
(a)
in relation to a sum adjudged to be paid by a conviction if the offence
was committed before the commencement of that section, or
(b)
where a sum ordered to be paid is treated as adjudged to be paid by
a conviction, if the act or omission to which the sum relates occurred,
or the order was made, before the commencement of that section.
15
      (2)
Section 24 and paragraph 2(4) and (6) of Schedule 32 do not apply—
(a)
in relation to a sum adjudged to be paid by a conviction if the offence
was committed before the commencement of that section, or
(b)
where a sum ordered to be paid is treated as adjudged to be paid by
a conviction, if the act or omission to which the sum relates occurred,
20
or the order was made, before the commencement of that section.
Part 3
Other criminal justice provisions
Alternatives to prosecution for offenders under 18
11
The amendments made by Schedule 16 do not apply in relation to offences
25
that are committed wholly or partly before the commencement of section 81.
Protection for spent cautions under Rehabilitation of Offenders Act 1974
12    (1)
Subject to the following provisions of this paragraph, the Rehabilitation of
Offenders Act 1974 (c. 53) (as amended by Schedule 17 to this Act) applies to
cautions given before the commencement date as it applies to cautions given
30
on or after that date.
      (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
35
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) applies.
40
      (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

Criminal Justice and Immigration Bill
Schedule 33 — Transitory, transitional and saving provisions
Part 3 — Other criminal justice provisions
297

as a spent caution at the end of that period of three months unless sub-
paragraph (7) applies.
      (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
5
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 period for the offence.
10
      (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
15
end of the rehabilitation period for the offence, and
(b)
the caution shall be regarded as a spent caution at the end of that
rehabilitation period.
      (9)
In this paragraph, “the commencement date” means the date on which
section 82 comes into force.
20
13
In the application of subsection (7) of section 9A of the Rehabilitation of
Offenders Act 1974 (c. 53) (as inserted by paragraph 4 of Schedule 17) to
offences committed before the commencement of section 281(5) of the
Criminal Justice Act 2003 (c. 44), the reference to 51 weeks is to be read as a
reference to 6 months.
25
Extension of powers of non-legal staff
14
A designation made under section 7A of the Prosecution of Offences Act
1985 (c. 23) (powers of non-legal staff) which has effect immediately before
the date on which section 86 comes into force continues to have effect on and
after that date as if made under section 7A as amended by that section.
30
Compensation for miscarriages of justice
15    (1)
Section 92(3) has effect in relation to any application for compensation made
in relation to—
(a)
a conviction which is reversed, and
(b)
a pardon which is given,
35

on or after the commencement date.
      (2)
Section 92(4), (6) and (7) have effect in relation to—
(a)
any application for compensation made on or after the
commencement date, and
(b)
any application for compensation made before that date in relation
40
to which the question whether there is a right to compensation has
not been determined before that date by the Secretary of State under
section 133(3) of the 1988 Act.

Criminal Justice and Immigration Bill
Schedule 33 — Transitory, transitional and saving provisions
Part 4 — Criminal law
298

      (3)
Section 92(5) has effect in relation to any conviction quashed on an appeal
out of time in respect of which an application for compensation has not been
made before the commencement date.
      (4)
Section 92(5) so has effect whether a conviction was quashed before, on or
after the commencement date.
5
      (5)
In the case of—
(a)
a conviction which is reversed, or
(b)
a pardon which is given,

before the commencement date but in relation to which an application for
compensation has not been made before that date, any such application
10
must be made before the end of the period of 2 years beginning with that
date.
      (6)
But the Secretary of State may direct that an application for compensation in
relation to a case falling within sub-paragraph (5) which is made after the
end of that period is to be treated as if it had been made before the end of
15
that period if the Secretary of State considers that there are exceptional
circumstances which justify doing so.
      (7)
In this paragraph—
“the 1988 Act” means the Criminal Justice Act 1988 (c. 33);
“application for compensation” means an application for compensation
20
made under section 133(2) of the 1988 Act;
“the commencement date” means the date on which section 92 comes
into force;
“reversed” has the same meaning as in section 133 of the 1988 Act (as
amended by section 92(5)).
25
Part 4
Criminal law
Penalties for possession of extreme pornographic images
16
In section 97(4)(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
30
section 154(1) of the Criminal Justice Act 2003 (c. 44).
Indecent photographs of children
17    (1)
Section 99(3) applies in relation to things done as mentioned in—
(a)
section 1(1) of the Protection of Children Act 1978 (c. 37) (offences
relating to indecent photographs of children), or
35
(b)
section 160(1) of the Criminal Justice Act 1988 (offence of possession
of indecent photographs of children),

after the commencement of section 99.
      (2)
Section 100(3) applies in relation to things done as mentioned in—
(a)
article 3(1) of the Protection of Children (Northern Ireland) Order
40
1978 (S.I. 1978/1047 (N.I. 17)) (offences relating to indecent
photographs of children), or

Criminal Justice and Immigration Bill
Schedule 33 — Transitory, transitional and saving provisions
Part 5 — International co-operation in relation to criminal justice matters
299

(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 100.
Maximum penalty for publication etc. of obscene articles
5
18
Section 101 does not apply to offences committed before the commencement
of that section.
Loitering etc. for purposes of prostitution
19
In determining for the purposes of section 1 of the Street Offences Act 1959
(c. 57) (as amended by section 104) whether a person’s conduct is persistent,
10
any conduct that takes place before the commencement of section 104 is to
be disregarded.
Offences relating to nuclear material and nuclear facilities
20
The new section 2 inserted into the Nuclear Material (Offences) Act 1983
(c. 18) by paragraph 4 of Schedule 23 and the repeal in Part 5 of Schedule 34
15
of section 14 of the Terrorism Act 2006 (c. 11) do not apply in relation to
anything done before the date on which Schedule 23 comes into force.
Imprisonment for unlawfully obtaining etc. personal data
21
The amendments made by section 109 do not apply in relation to an offence
committed before the commencement of that section.
20
Part 5
International co-operation in relation to criminal justice matters
Mutual recognition of financial penalties
22    (1)
The amendments made by subsection (1) of section 110, and subsection (2)
of that section, do not apply in relation to financial penalties (within the
25
meaning of that section) imposed before that section comes into force.
      (2)
Section 112 does not apply in relation to financial penalties (within the
meaning of that section) imposed before that section comes into force.
      (3)
Section 114 does not apply in relation to financial penalties (within the
meaning of that section) imposed before that section comes into force.
30
      (4)
Section 117 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 33 — Transitory, transitional and saving provisions
Part 8 — Police
300

Part 6
Violent offender orders
Penalties for offences
23
In section 140(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.
24    (1)
The amendments made by section 150 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
25    (1)
The amendments made by section 151 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
Police
Police misconduct and performance procedures
26    (1)
This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 28 come
into force before the relevant provisions of the Legal Services Act 2007 come
into force.
30
      (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
35
effect as if, in subsection (4), for the definition of “relevant lawyer”
there were substituted—
““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
40