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Power to include drug treatment and testing requirement in certain orders in respect of young | |
offenders | |
257 Drug treatment and testing requirement in action plan order or supervision | |
order | |
Schedule 22 (which enables a requirement as to drug treatment and testing to | 5 |
be included in an action plan order or a supervision order) shall have effect. | |
Alteration of penalties for offences | |
258 Alteration of penalties for specified summary offences | |
(1) The summary offences listed in Schedule 23 are no longer punishable with | |
imprisonment. | 10 |
(2) Schedule 24 (which contains amendments increasing the maximum term of | |
imprisonment for certain summary offences from 4 months or less to 51 weeks) | |
shall have effect. | |
(3) This section does not affect the penalty for any offence committed before the | |
commencement of this section. | 15 |
259 Alteration of penalties for other summary offences | |
(1) Subsection (2) applies to any summary offence which— | |
(a) is an offence under a relevant enactment, | |
(b) is punishable with a maximum term of imprisonment of five months or | |
less, and | 20 |
(c) is not listed in Schedule 23 or Schedule 24. | |
(2) The Secretary of State may by order amend any relevant enactment so as to— | |
(a) provide that any summary offence to which this subsection applies is | |
no longer punishable with imprisonment, or | |
(b) increase to 51 weeks the maximum term of imprisonment to which a | 25 |
person is liable on conviction of the offence. | |
(3) An order under subsection (2) may make such supplementary, incidental or | |
consequential provision as the Secretary of State considers necessary or | |
expedient, including provision amending any relevant enactment. | |
(4) Subsection (5) applies to any summary offence which— | 30 |
(a) is an offence under a relevant enactment, and | |
(b) is punishable with a maximum term of imprisonment of six months. | |
(5) The maximum term of imprisonment to which a person is liable on conviction | |
of an offence to which this subsection applies is, by virtue of this subsection, 51 | |
weeks (and the relevant enactment in question is to be read as if it had been | 35 |
amended accordingly). | |
(6) Neither of the following— | |
(a) an order under subsection (2), or | |
(b) subsection (5), | |
affects the penalty for any offence committed before the commencement of that | 40 |
order or subsection (as the case may be). | |
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(7) In this section and section 260 “relevant enactment” means any enactment | |
contained in— | |
(a) an Act passed before or in the same Session as this Act, or | |
(b) any subordinate legislation made before the passing of this Act. | |
(8) In subsection (7) “subordinate legislation” has the same meaning as in the | 5 |
Interpretation Act 1978 (c. 30). | |
260 Increase in maximum term that may be imposed on summary conviction of | |
offence triable either way | |
(1) In section 32 of the Magistrates’ Courts Act 1980 (c. 43) (penalties on summary | |
conviction for offences triable either way) in subsection (1) (offences listed in | 10 |
Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “not | |
exceeding 12 months”. | |
(2) Subsection (3) applies to any offence triable either way which— | |
(a) is an offence under a relevant enactment, | |
(b) is punishable with imprisonment on summary conviction, and | 15 |
(c) is not listed in Schedule 1 to the Magistrates’ Courts Act 1980. | |
(3) The maximum term of imprisonment to which a person is liable on summary | |
conviction of an offence to which this subsection applies is by virtue of this | |
subsection 12 months (and the relevant enactment in question is to be read as | |
if it had been amended accordingly). | 20 |
(4) Nothing in this section affects the penalty for any offence committed before the | |
commencement of this section. | |
261 Enabling powers: power to alter maximum penalties | |
(1) The Secretary of State may by order, in accordance with subsection (2) or (3), | |
amend any relevant enactment which confers a power (however framed or | 25 |
worded) by subordinate legislation to make a person— | |
(a) as regards a summary offence, liable on conviction to a term of | |
imprisonment, | |
(b) as regards an offence triable either way, liable on summary conviction | |
to a term of imprisonment. | 30 |
(2) An order made by virtue of paragraph (a) of subsection (1) may amend the | |
relevant enactment in question so as to— | |
(a) restrict the power so that a person may no longer be made liable on | |
conviction of a summary offence to a term of imprisonment, or | |
(b) increase to 51 weeks the maximum term of imprisonment to which a | 35 |
person may be made liable on conviction of a summary offence under | |
the power. | |
(3) An order made by virtue of paragraph (b) of that subsection may amend the | |
relevant enactment in question so as to increase the maximum term of | |
imprisonment to which a person may be made liable on summary conviction | 40 |
of an offence under the power to 12 months. | |
(4) Schedule 25 (which amends the maximum penalties which may be imposed by | |
virtue of certain enabling powers) shall have effect. | |
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(5) The power conferred by subsection (1) shall not apply to the enactments | |
amended under Schedule 25. | |
(6) An order under subsection (1) may make such supplementary, incidental or | |
consequential provision as the Secretary of State considers necessary or | |
expedient, including provision amending any relevant enactment. | 5 |
(7) None of the following— | |
(a) an order under subsection (1), or | |
(b) Schedule 25, | |
affects the penalty for any offence committed before the commencement of that | |
order or Schedule (as the case may be). | 10 |
(8) In subsection (1) “subordinate legislation” has the same meaning as in the | |
Interpretation Act 1978 (c. 30). | |
(9) In this section “relevant enactment” means any enactment contained in an Act | |
passed before or in the same Session as this Act. | |
262 Increase in penalties for drug-related offences | 15 |
(1) Schedule 26 (increase in penalties for certain drug-related offences) shall have | |
effect. | |
(2) That Schedule does not affect the penalty for any offence committed before the | |
commencement of that Schedule. | |
263 Increase in penalties for certain driving-related offences | 20 |
(1) In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in | |
subsection (4), for ‘five years’ there is substituted ‘fourteen years’. | |
(2) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution | |
and punishment of offences) is amended in accordance with subsections (3) | |
and (4). | 25 |
(3) In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing | |
death by dangerous driving), in column 4, for “10 years” there is substituted | |
“14 years”. | |
(4) In the entry relating to section 3A of that Act (causing death by careless driving | |
when under influence of drink or drugs), in column 4, for “10 years” there is | 30 |
substituted “14 years”. | |
(5) Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order | |
1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is | |
amended in accordance with subsections (6) and (7). | |
(6) In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order | 35 |
1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by | |
dangerous driving), in column 4, for “10 years” there is substituted “14 years”. | |
(7) In the entry relating to Article 14 of that Order (causing death or grievous | |
bodily injury by careless driving when under the influence of drink or drugs), | |
in column 4, for “10 years” there is substituted “14 years”. | 40 |
(8) This section does not affect the penalty for any offence committed before the | |
commencement of this section. | |
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264 Increase in penalties for offences under s. 174 of Road Traffic Act 1988 | |
(1) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) | |
(prosecution and punishment of offences), in the entry relating to section 174 | |
of the Road Traffic Act 1988 (false statements and withholding material | |
information), for columns (3) and (4) there is substituted— | 5 |
| | "(a) Summarily | (a) 6 months | | | | | | or the | | | | | | statutory | | | | | | maximum | | | | | | or both | | 10 | | | (b) On | (b) 2 years or a | | | | | indictment | fine or | | | | | | both.” | | |
|
(2) Section 260(3) (increase in maximum term that may be imposed on summary | |
conviction of offence triable either way) has effect in relation to the entry | 15 |
amended by subsection (1) as it has effect in relation to any other enactment | |
contained in an Act passed before this Act. | |
(3) This section does not apply in relation to any offence committed before the | |
commencement of this section. | |
Firearms offences | 20 |
265 Minimum sentence for certain firearms offences | |
After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following | |
section— | |
“51A Minimum sentence for certain offences under s. 5 | |
(1) This section applies where— | 25 |
(a) an individual is convicted of— | |
(i) an offence under section 5(1)(a), (ab), (aba), (ac), (ad), | |
(ae) or (c) of this Act, or | |
(ii) an offence under section 5(1A)(a) of this Act, and | |
(b) the offence was committed after the commencement of this | 30 |
section and at a time when he was aged 16 or over. | |
(2) The court shall impose an appropriate custodial sentence (or order for | |
detention) for a term of at least the required minimum term (with or | |
without a fine) unless the court is of the opinion that there are | |
exceptional circumstances relating to the offence or to the offender | 35 |
which justify its not doing so. | |
(3) Where an offence is found to have been committed over a period of two | |
or more days, or at some time during a period of two or more days, it | |
shall be taken for the purposes of this section to have been committed | |
on the last of those days. | 40 |
(4) In this section “appropriate custodial sentence (or order for detention)” | |
means— | |
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(a) in relation to England and Wales— | |
(i) in the case of an offender who is aged 18 or over when | |
convicted, a sentence of imprisonment, and | |
(ii) in the case of an offender who is aged under 18 at that | |
time, a sentence of detention under section 91 of the | 5 |
Powers of Criminal Courts (Sentencing) Act 2000; | |
(b) in relation to Scotland— | |
(i) in the case of an offender who is aged 21 or over when | |
convicted, a sentence of imprisonment, | |
(ii) in the case of an offender who is aged under 21 at that | 10 |
time (not being an offender mentioned in sub-paragraph | |
(iii)), a sentence of detention under section 207 of the | |
Criminal Procedure (Scotland) Act 1995, and | |
(iii) in the case of an offender who is aged under 18 at that | |
time and is subject to a supervision requirement, an | 15 |
order for detention under section 44, or sentence of | |
detention under section 208, of that Act. | |
(5) In this section “the required minimum term” means— | |
(a) in relation to England and Wales— | |
(i) in the case of an offender who was aged 18 or over when | 20 |
he committed the offence, five years, and | |
(ii) in the case of an offender who was under 18 at that time, | |
three years, and | |
(b) in relation to Scotland— | |
(i) in the case of an offender who was aged 21 or over when | 25 |
he committed the offence, five years, and | |
(ii) in the case of an offender who was aged under 21 at that | |
time, three years.” | |
266 Certain firearms offences to be triable only on indictment | |
In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and | 30 |
punishment of offences) for the entries relating to offences under section 5(1) | |
(possessing or distributing prohibited weapons or ammunition) and section | |
5(1A) (possessing or distributing other prohibited weapons) there is | |
substituted— | |
| | “Section | Possessing or | On indictment | 10 years or a | | | 35 | | | 5(1)(a), (ab), | distributing | | fine, or both. | | | | | | (aba), (ac), | prohibited | | | | | | | | (ad), (ae) or (c) | weapons or | | | | | | | | | ammunition. | | | | | | | | Section 5(1)(b) | Possessing or | (a) Summary | 6 months or a | | | 40 | | | | distributing | | fine of the | | | | | | | prohibited | | statutory | | | | | | | weapon | | maximum, or | | | | | | | designed for | | both. | | | | | | | discharge of | | | | | 45 | | | | noxious liquid | | | | | | | | | etc. | | | | | |
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| | | | (b) On indictment | 10 years or a | | | | | | | | | fine or both. | | | | | | Section | Possessing or | On indictment | 10 years or a | | | | | | 5(1A)(a) | distributing | | fine, or both. | | | | | | | firearm | | | | | 5 | | | | disguised as | | | | | | | | | other object. | | | | | | | | Section | Possessing or | (a) Summary | 6 months or a | | | | | | 5(1A)(b), (c), | distributing | | fine of the | | | | | | (d), (e), (f) or | other | | statutory | | | 10 | | | (g) | prohibited | | maximum, or | | | | | | | weapons. | | both. | | | | | | | | (b) On indictment | 10 years or a | | | | | | | | | fine, or both.” | | | |
|
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267 Power to sentence young offender to detention in respect of certain firearms | 15 |
offences: England and Wales | |
(1) Section 91 of the Sentencing Act (offenders under 18 convicted of certain | |
serious offences: power to detain for specified period) is amended as follows. | |
(2) After subsection (1) there is inserted— | |
“(1A) Subsection (3) below also applies where— | 20 |
(a) a person aged under 18 is convicted on indictment of an | |
offence— | |
(i) under subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (c) | |
of section 5 of the Firearms Act 1968 (prohibited | |
weapons), or | 25 |
(ii) under subsection (1A)(a) of that section, | |
(b) the offence was committed after the commencement of section | |
51A of that Act and at a time when he was aged 16 or over, and | |
(c) the court is of the opinion mentioned in section 51A(2) of that | |
Act (exceptional circumstances which justify its not imposing | 30 |
required custodial sentence).” | |
(3) After subsection (4) there is inserted— | |
“(5) Where subsection (2) of section 51A of the Firearms Act 1968 requires | |
the imposition of a sentence of detention under this section for a term | |
of at least the required minimum term (within the meaning of that | 35 |
section), the court shall sentence the offender to be detained for such | |
period, of at least that term but not exceeding the maximum term of | |
imprisonment with which the offence is punishable in the case of a | |
person aged 18 or over, as may be specified in the sentence.”. | |
268 Power to sentence young offender to detention in respect of certain firearms | 40 |
offences: Scotland | |
(1) The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows. | |
(2) In section 49(3) (children’s hearing for purpose of obtaining advice as to | |
treatment of child), at the end there is added “except that where the | |
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circumstances are such as are mentioned in paragraphs (a) and (b) of section | |
51A(1) of the Firearms Act 1968 it shall itself dispose of the case”. | |
(3) In section 208 (detention of children convicted on indictment), the existing | |
provisions become subsection (1); and after that subsection there is added— | |
“(2) Subsection (1) does not apply where the circumstances are such as are | 5 |
mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms | |
Act 1968.”. | |
269 Power by order to exclude application of minimum sentence to those under 18 | |
(1) The Secretary of State may by order— | |
(a) amend section 51A(1)(b) of the Firearms Act 1968 (c. 27) by substituting | 10 |
for the word “16” the word “18”, | |
(b) repeal section 91(1A)(c) and (5) of the Sentencing Act, | |
(c) amend subsection (3) of section 49 of the Criminal Procedure (Scotland) | |
Act 1995 by repealing the exception to that subsection, | |
(d) repeal section 208(2) of that Act, and | 15 |
(e) make such other provision as he considers necessary or expedient in | |
consequence of, or in connection with, the provision made by virtue of | |
paragraphs (a) to (d). | |
(2) The provision that may be made by virtue of subsection (1)(e) includes, in | |
particular, provision amending or repealing any provision of an Act | 20 |
(whenever passed), including any provision of this Act. | |
270 Increase in penalty for offences relating to importation or exportation of | |
certain firearms | |
(1) The Customs and Excise Management Act 1979 (c. 2) is amended as follows. | |
(2) In section 50 (penalty for improper importation of goods), for subsection (5A) | 25 |
there is substituted— | |
“(5A) In the case of an offence under subsection (2) or (3) above in connection | |
with— | |
(a) a prohibition or restriction on the importation of a firearm | |
falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) or | 30 |
(1A)(a) of the Firearms Act 1968, or | |
(b) the prohibition contained in section 20 of the Forgery and | |
Counterfeiting Act 1981, | |
subsection (4)(b) above shall have effect as if for the words “7 years” | |
there were substituted the words “10 years”.” | 35 |
(3) In section 68 (offences in relation to exportation of prohibited or restricted | |
goods) for subsection (4A) there is substituted— | |
“(4A) In the case of an offence under subsection (2) above in connection | |
with— | |
(a) a prohibition or restriction on the exportation of a firearm | 40 |
falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) or | |
(1A)(a) of the Firearms Act 1968, or | |
(b) the prohibition contained in section 21 of the Forgery and | |
Counterfeiting Act 1981, | |
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