Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 33 — Transitory, transitional and saving provisions
Part 10 — Miscellaneous
301

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”
5
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
Act).
Part 9
10
Special immigration status
Conditions on designated persons
27
In the application of section 160 to England and Wales in relation to an
offence committed before the commencement of section 281(5) of the
Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the
15
reference in section 160(6)(b) to 51 weeks is to be read as a reference to six
months.
Part 10
Miscellaneous
Persistent sales of tobacco to persons under 18
20
28
The new sections 12A and 12B inserted into the Children and Young Persons
Act 1933 (c. 12) by section 168 do not apply where any of the offences
mentioned in those new sections were committed before the commencement
of that section.
Sexual offences
25
29
The amendment made by sub-paragraph (1) of paragraph 26 of Schedule 32
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 (c. 42) before the commencement of that sub-paragraph.
30

Criminal Justice and Immigration Bill
Schedule 34 — Repeals and revocations
Part 1 — Youth rehabilitation orders
302

Schedule 34
Section 172

Repeals and revocations
Part 1
Youth rehabilitation orders

Title
Extent of repeal or revocation

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

Social Work (Scotland) Act 1968
In section 94(1), in the definition of “supervision

(c. 49)
order”, the words “the Powers of Criminal

Courts (Sentencing) Act 2000 or”.

Children and Young Persons
Section 25.

Act 1969 (c. 54)
In section 70(1), the definition of “supervision

20

order”.

Northern Ireland (Modification
In Schedule 1, the entry relating to section 25(2)

of Enactments — No. 1)
of the Children and Young Persons Act 1969.

Order 1973 (S.I. 1973/2163)

Transfer of Functions (Local
In Schedule 2, the entry relating to section 25 of

25

Government, etc.) (Northern
the Children and Young Persons Act 1969.

Ireland) Order 1973 (S.R. &

O. 1973 No. 256)

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

30

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

(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 and Immigration Bill
Schedule 34 — Repeals and revocations
Part 1 — Youth rehabilitation orders
303

Title
Extent of repeal or revocation

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

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

the meaning of Part 12 of the Criminal

Justice Act 2003)”;

5

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

the meaning of Part 12 of the Criminal

Justice Act 2003”;

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

section 177 of the Criminal Justice Act

10

2003”;

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

the meaning of Part 12 of the Criminal

Justice Act 2003)”;

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

15

the meaning of the Part 12 of the

Criminal Justice Act 2003)”;

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

the meaning of Part 12 of the Criminal

Justice Act 2003)”.

20

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”.

Health and Social Services and
In Schedule 2, paragraphs 15(b) and 16.

Social Security Adjudications

25

Act 1983 (c. 41)

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

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

30

sub-paragraph.

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

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

In Schedule 13, paragraph 35(3).

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

35

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

“under section 177 of the Criminal

Justice Act 2003”;

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

section 177 of the Criminal Justice Act

40

2003”.

In Schedule 11, paragraph 3.

Children (Prescribed Orders —
In regulation 8(1)—

Northern Ireland, Guernsey
(a)
sub-paragraph (a)(ii);

and Isle of Man) Regulations
(b)
sub-paragraph (b)(i), (ii), (iv) and (v);

45

1991 (S.I. 1991/ 2032)
(c)
sub-paragraph (c)(ii) and (iii).

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

Act 1995 (c. 16)

Criminal Justice and Immigration Bill
Schedule 34 — Repeals and revocations
Part 1 — Youth rehabilitation orders
304

Title
Extent of repeal or revocation

Children (Northern Ireland
Article 7(2) and (3).

Consequential Amendments)

Order 1995 (S.I. 1995/ 756)

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

5

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

(b)
in paragraph (h), the words “or a

supervision order”.

In Schedule 8, paragraph 13(1).

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

10

(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

subject”.

In section 75, the words “action plan orders

15

and” and “so far as relating to reparation

orders”.

In section 137(2)—

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

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

20

order or”.

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

or 18(1) of Schedule 3 to this Act,”,

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

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

25

or”.

In section 160—

(a)
subsection (2);

(b)
in subsection (3)(a), “40(2)(a)”;

(c)
subsection (5).

30

In section 163, the definitions of—

(a)
“action plan order”;

(b)
“affected person”;

(c)
“attendance centre”;

(d)
“attendance centre order”;

35

(e)
“community sentence”;

(f)
“curfew order”;

(g)
“exclusion order”;

(h)
“supervision order”;

(i)
“supervisor”;

40

(j)
“youth community order”;

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

of “responsible officer”.

Schedules 3 and 5 to 7.

Criminal Justice and Immigration Bill
Schedule 34 — Repeals and revocations
Part 1 — Youth rehabilitation orders
305

Title
Extent of repeal or revocation

Powers of Criminal Courts
In Schedule 8—

(Sentencing) Act 2000 (c. 6)—
(a)
in the heading, the words “action plan

cont.
orders and”;

(b)
paragraph 1 and the heading preceding

5

that paragraph;

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

the words “action plan order or”;

(d)
in paragraph 2—

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

10

paragraph (a), sub-paragraphs

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

and (c) the words “action plan

order or”;

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

15

words “action plan order or”;

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

“or action plan order” in both

places;

(d)
paragraphs 3 and 4;

20

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

the words “action plan order or”;

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

plan order or”;

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

25

words “action plan order or”.

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

28(2), 33, 34(b), 39, 41, 42, 49, 80, 93(a), 126(b),

127, 129, 131 and 132.

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

30

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

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.

35

Section 70(5).

Criminal Justice and Immigration Bill
Schedule 34 — Repeals and revocations
Part 2 — Sentencing
306

Title
Extent of repeal or revocation

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 37(b), 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), 14,

40

64(3)(a)(ii), 70(5)(a) and (7), 73, 89(2), 95 to

105, 106(2), 107, 122, 123(3), (5) and (8), 125,

127, 128, 129, 131(3) 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 34 — Repeals and revocations
Part 2 — Sentencing
307

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;

(b)
subsection (5).

Section 92(3).

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

20

conviction”.

Section 254(3) to (5).

In section 256—

(a)
in subsection (2), “or (b)”;

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

25

In section 260—

(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

30

(3)(e)” and paragraphs (b) and (c).

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

to the end.

In section 300—

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

35

with the word “or” immediately

preceding it;

(b)
in subsection (2)—

(a)
the words from “or, as the case

may be” to “young offender)”;

40

(b)
the word “or” at the end of

paragraph (a).

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

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

Referral Conditions)

45

Regulations 2003 (S.I. 2003/

1605)