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After Schedule 8 | |
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BY THE LORD CHANCELLOR | |
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Insert the following new Schedule-- | |
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| | ENFORCEMENT OF COMMUNITY ORDERS MADE BY CROWN COURt | |
| | 1. Schedule 2 to the Criminal Justice Act 1991 (enforcement of community orders) has effect subject to the amendments in paragraphs 2 to 8.
2. In paragraph 2(2) (issue by justice of the peace of summons or warrant to direct offender to appear or be brought, in the case of a drug treatment or testing order, before the court responsible for the order and, in the case of any other relevant order, before a magistrates' court for the petty sessions area concerned), for paragraphs (a) and (b) substitute--
(a) in the case of a drug treatment and testing order, before the court responsible for the order;
(b) in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and
(c) in the case of any other relevant order, before a magistrates' court acting for the petty sessions area concerned."
3. In paragraph 3(1) (powers of magistrates' court), for "the magistrates' court" substitute "a magistrates' court".
4. In paragraph 6(5) (community service orders)--
(a) in paragraph (a), for "7(2)(a)(ii)" substitute "7(2)(b)", and
(b) in paragraph (b), for "reference in paragraph 7(1)(b)" substitute "references in paragraphs 7(1)(b) and 8(1)(a)" and for "a reference" substitute "references".
5.--(1) Paragraph 7 (revocation of order by magistrates' court) is amended as follows.
(2) In sub-paragraph (1)--
(a) after "a relevant order" insert "made by a magistrates' court", and
(b) for "for which a magistrates' court is responsible, to that court" substitute ", to the magistrates' court responsible for the order".
(3) For sub-paragraph (2) substitute--
(b) revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence."
(4) In sub-paragraph (3), for "(2)(a)(i)" substitute "(2)(a)".
(5) In sub-paragraphs (4) and (5), for "(2)(a)(ii)" substitute "(2)(b)".
(6) Omit sub-paragraph (6).
6. For paragraph 8(1) and (1A) (circumstances in which Crown Court may revoke an order) substitute--
8.--(1) This paragraph applies where--
(a) a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made; or
(b) an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates' court to the Crown Court for sentence, is brought or appears before the Crown Court."
7.--(1) Paragraph 8A (replacement of probation order with conditional discharge) is amended as follows.
(2) In sub-paragraph (1), for "it appears to a magistrates' court acting for the petty sessions area concerned" substitute "to a magistrates' court acting for the petty sessions area concerned (where the order was made by a magistrates' court) or the Crown Court (where the order was made by the Crown Court) it appears to the court".
(3) In sub-paragraph (2), after "paragraph 7" insert "or 8".
(4) In sub-paragraph (3)--
(a) omit "and the probation order was made by a magistrates' court", and
(b) for "the magistrates' court" substitute "the court".
(5) Omit sub-paragraphs (4) and (5).
(6) In sub-paragraph (6)--
(a) for "sub-paragraphs (3) and (5)" substitute "sub-paragraph (3)", and | 1991 c. 53. |
| | (b) in the words treated as substituted in section 1A(1) of the Powers of Criminal Courts Act 1973, omit "or (5)".
8. In paragraph 11A (application of paragraph 6A for purposes of paragraphs 6 and 7), for "7(2)(a)(ii)" substitute "7(2)(b)". | 1973 c. 62. |
| | 9.--(1) In each of the provisions specified in sub-paragraph (2) (which refer to paragraph 7 of Schedule 2 to the Criminal Justice Act 1991)--
(a) for "7(2)(a)(ii)" substitute "7(2)(b)",
(b) for "reference in paragraph 7(1)(b)" substitute "references in paragraphs 7(1)(b) and 8(1)(a)", and
(c) for "a reference to the" substitute "references to the".
(2) The provisions referred to in sub-paragraph (1) are-- | 1991 c. 53. |
| | (a) section 16B(2) of the Children and Young Persons Act 1969, | 1969 c. 54. |
| | (b) section 35(5) and (8) of the Crime (Sentences) Act 1997, and | 1997 c. 43. |
| | (c) paragraph 5(4) of Schedule 5 to the Crime and Disorder Act 1998.") | 1998 c. 37. |
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Schedule 10 | |
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BY THE LORD CHANCELLOR | |
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Page 108, line 2, after ("stipendiary") insert ("magistrate") | |
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Page 108, line 4, at end insert--
("(6) This paragraph has effect subject to paragraph 28A.
28A.--(1) If section 55 of this Act has not come into force at the end of the period of two months beginning with the day on which this Act is passed, paragraph 28 shall apply as follows until that section comes into force.
(2) The subsection (3) treated as substituted by sub-paragraph (2)(c) of that paragraph shall have effect as if--
(a) for "Senior District Judge (Chief Magistrate)" there were substituted "chief metropolitan stipendiary magistrate", and
(b) for "District Judges (Magistrates' Courts)" (in both places) there were substituted "metropolitan stipendiary magistrates".
(3) Sub-paragraph (5) of that paragraph shall have effect as if paragraph (a) read--
(a) after the words "chief metropolitan stipendiary magistrate" there were inserted "(if he is a member)", and".")
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Schedule 11 | |
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BY THE LORD CHANCELLOR | |
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Page 112, line 32, at end insert-- | |
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("31 & 32 Vict.
c. 72. |
The Promissory Oaths Act 1868. |
In the Second Part of the Schedule, the words for counties and boroughs".") |
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Page 112, line 44, at end insert-- | |
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("14 & 15 Geo.6 c. 65. |
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. |
In Part II of Schedule 2, paragraph 5(b) and, in paragraph 6(b), in the third column, the words from "and where" to the end.") |
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Page 112, line 44, at end insert-- | |
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("7 & 8 Eliz.2
c. 7. |
The Manoeuvres Act 1958. |
In section 9, the definition of "petty sessions area".") |
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Page 112, column 3, leave out line 45 and insert-- | |
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("In section 2, in subsection (1), the words from ", within" to the end and subsection (2A).") |
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Page 113, line 5, at end insert-- | |
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("1969 c. 54. |
The Children and Young Persons Act 1969. |
In section 70(1), in the definition of "petty sessions area", the words "has the same meaning as in the Magistrates' Courts Act 1980, except that" and the word "it".") |
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Page 113, line 22, at end insert-- | |
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("In Schedule 7, paragraphs 27 and 85. |
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1980 c. 66. |
The Highways Act 1980. |
In section 329(1), the definition of "petty sessions area".") |
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Page 113, line 28, at end insert-- | |
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("1988 c. 52. |
The Road Traffic Act 1988. |
In section 192(1), the definition of "petty sessions area". |
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1988 c. 53. |
The Road Traffic Offenders Act 1988. |
In section 34C(2), the definition of "petty sessions area".
In section 89(1), the definition of "petty sessions area", apart from the word "and" at the end.") |
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Page 113, column 3, leave out line 44 and insert ("2(1), (3) and (7) and 5.") | |
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Page 113, line 47, column 3, leave out from ("Schedule,") to end of line 50 and insert ("paragraph 7.") | |
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Page 114, line 17, column 3, after (""above,"") insert (", the words "or to county justices" and the words "or justices for the City"") | |
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Page 116, line 32, at end insert-- | |
| | ("(3A) ENFORCEMENT OF COMMUNITY ORDERs | |
