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Schedule 27 | |
Section 276 | |
Default orders: modification of provisions relating to community orders | |
General | |
1 Any reference to the offender is, in relation to a default order, to be read as | |
a reference to the person in default. | 5 |
Unpaid work requirement | |
2 (1) In its application to a default order, section 181 (unpaid work requirement) | |
is modified as follows. | |
(2) In subsection (2), for paragraphs (a) and (b) there is substituted— | |
“(a) not less than 20 hours, and | 10 |
(b) in the case of an amount in default which is specified in the | |
first column of the following Table, not more than the | |
number of hours set out opposite that amount in the second | |
column. | |
| | Amount | Number of | | 15 | | | | Hours | | | | | An amount not exceeding | 40 hours | | | | | £200 | | | | | | An amount exceeding £200 | 60 hours | | | | | but not exceeding £500 | | | 20 | | | An amount exceeding £500 | 100 hours” | | |
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(3) Subsection (5) is omitted. | |
Curfew requirement | |
3 (1) In its application to a default order, section 186 (curfew requirement) is | |
modified as follows. | 25 |
(2) After subsection (2) there is inserted— | |
“(2A) In the case of an amount in default which is specified in the first | |
column of the following Table, the number of days on which the | |
person in default is subject to the curfew requirement must not | |
exceed the number of days set out opposite that amount in the | 30 |
second column. | |
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| | Amount | Number of | | | | | | days | | | | | An amount not exceeding | 20 days | | | | | £200 | | | | | | An amount exceeding £200 | 30 days | | 5 | | | but not exceeding £500 | | | | | | An amount exceeding £500 | 60 days | | | | | but not exceeding £1,000 | | | | | | An amount exceeding | 90 days | | | | | £1,000 but not exceeding | | | 10 | | | £2,500 | | | | | | An amount exceeding | 180 days” | | | | | £2,500 | | | |
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Enforcement, revocation and amendment of default order | |
4 (1) In its application to a default order, Schedule 7 (breach, revocation or | 15 |
amendment of community orders) is modified as follows. | |
(2) Any reference to the offence in respect of which the community order was | |
made is to be taken to be a reference to the default in respect of which the | |
default order was made. | |
(3) Any power of the court to deal with the offender in any way in which it | 20 |
could deal with him if he had just been convicted of the offence is to be taken | |
to be a power to deal with him in any way in which the court which made | |
the default order could deal with him for his default in paying the sum in | |
question. | |
(4) In paragraph 4 the reference to the Crown Court is to be taken as a reference | 25 |
to a magistrates’ court. | |
(5) The following provisions are omitted— | |
(a) paragraph 9(1)(c), (5) and (8), | |
(b) paragraph 12, | |
(c) paragraph 13(5), | 30 |
(d) paragraph 15, | |
(e) paragraph 17(5), | |
(f) paragraph 21(4), and | |
(g) paragraph 23(2)(b). | |
Power to alter amount of money or number of hours or days | 35 |
5 The Secretary of State may by order amend paragraph 2 or 3 by substituting | |
for any reference to an amount of money or a number of hours or days there | |
specified a reference to such other amount or number as may be specified in | |
the order. | |
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Transfer of default orders to Scotland or Northern Ireland | |
6 In its application to a default order, Schedule 8 (transfer of community | |
orders to Scotland or Northern Ireland) is modified as follows. | |
7 After paragraph 8 there is inserted— | |
“8A Nothing in paragraph 8 affects the application of section 276(7) to | 5 |
a default order made or amended in accordance with paragraph 1 | |
or 3.” | |
8 In paragraph 10, after paragraph (b) there is inserted— | |
“(bb) any power to impose a fine on the offender.” | |
Schedule 28 | 10 |
Section 280 | |
Amendments relating to sentencing | |
Part 1 | |
General | |
Piracy Act 1837 (c. 88) | |
1 Section 3 of the Piracy Act 1837 (punishment for offence under certain | 15 |
repealed Acts relating to piracy) shall cease to have effect. | |
Children and Young Persons Act 1933 (c. 12) | |
2 (1) Section 49 of the Children and Young Persons Act 1933 (restrictions on | |
reports of proceedings in which young persons are concerned) is amended | |
as follows. | 20 |
(2) In subsection (4A)(d), for “section 62(3) of the Powers of Criminal Courts | |
(Sentencing) Act 2000” there is substituted “section 204(1)(d) or (e) of the | |
Criminal Justice Act 2003”. | |
(3) In subsection (11)— | |
(a) in the definition of “sexual offence”, for “has the same meaning as in | 25 |
the Powers of Criminal Courts (Sentencing) Act 2000” there is | |
substituted “means an offence listed in Part 2 of Schedule 14 to the | |
Criminal Justice Act 2003”, and | |
(b) in the definition of “violent offence”, for “has the same meaning as in | |
the Powers of Criminal Courts (Sentencing) Act 2000” there is | 30 |
substituted “means an offence listed in Part 1 of Schedule 14 to the | |
Criminal Justice Act 2003”. | |
Prison Act 1952 (c. 52) | |
3 In section 53 of the Prison Act 1952 (interpretation), for “section 62 of the | |
Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | 35 |
“section 203 of the Criminal Justice Act 2003”. | |
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Criminal Justice Act 1967 (c.80) | |
4 The Criminal Justice Act 1967 is amended as follows. | |
5 In section 32 (amendments of costs in Criminal Cases Act 1952), in | |
subsection (3)(a), for “make an order under paragraph 5 of Schedule 2 to the | |
Powers of Criminal Courts (Sentencing) Act 2000 (probation orders | 5 |
requiring treatment for mental condition) or” there is substituted “include in | |
a community order (within the meaning of Part 12 of the Criminal Justice | |
Act 2003) a mental health requirement under section 189 of that Act or make | |
an order under”. | |
6 In section 104 (general provisions as to interpretation)_ | 10 |
(a) in subsection (1), the definition of “suspended sentence” is omitted, | |
and | |
(b) subsection (2) is omitted. | |
Criminal Appeal Act 1968 (c. 19) | |
7 The Criminal Appeal Act 1968 is amended as follows. | 15 |
8 (1) Section 10 (appeal against sentence in cases dealt with by Crown Court | |
otherwise than on conviction on indictment) is amended as follows. | |
(2) In subsection (2) — | |
(a) in paragraph (b), for “or a community order within the meaning of | |
the Powers of Criminal Courts (Sentencing) Act 2000” there is | 20 |
substituted “a youth community order within the meaning of the | |
Powers of Criminal Courts (Sentencing) Act 2000 or a community | |
order within the meaning of Part 11 of the Criminal Justice Act 2003”, | |
and | |
(b) paragraph (c) and the word “or” immediately preceding it are | 25 |
omitted. | |
(3) In subsection (3)(c), for paragraph (iii) there is substituted— | |
“(iii) an order under paragraph 8(2)(a) or (b) of Schedule 11 to the | |
Criminal Justice Act 2003 (powers of court on breach of | |
community requirement or conviction of further offence in | 30 |
relation to suspended sentence);”. | |
9 In section 11 (supplementary provisions as to appeal against sentence), | |
subsection (4) is omitted. | |
10 In Schedule 2 (procedural and other provisions applicable on order for | |
retrial), in paragraph 2(4), for the words from the beginning to “apply” there | 35 |
is substituted “Section 222 of the Criminal Justice Act 2003 (crediting of | |
periods of remand in custody: terms of imprisonment and detention) shall | |
apply”. | |
Firearms Act 1968 (c. 27) | |
11 The Firearms Act 1968 is amended as follows. | 40 |
12 (1) Section 21 (possession of firearms by persons previously convicted of crime) | |
is amended as follows. | |
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(2) In subsection (2A), after paragraph (c) there is inserted— | |
“(d) in the case of a person who has been subject to a sentence of | |
imprisonment to which an intermittent custody order under | |
section 165(1)(b) of the Criminal Justice Act 2003 relates, the | |
date of his final release.” | 5 |
(3) After subsection (2A) there is inserted— | |
“(2B) A person who is serving a sentence of imprisonment to which an | |
intermittent custody order under section 165 of the Criminal Justice | |
Act 2003 relates shall not during any licence period specified for the | |
purposes of subsection (1)(b)(i) of that section have a firearm or | 10 |
ammunition in his possession.”. | |
(4) In subsection (3)(b), for “probation order” there is substituted “community | |
order”. | |
(5) After subsection (3) there is inserted— | |
“(3ZA) In subsection (3)(b) above, “community order” means— | 15 |
(a) a community order within the meaning of Part 11 of the | |
Criminal Justice Act 2003 made in England and Wales, or | |
(b) a probation order made in Scotland.” | |
(6) In subsection (6), after “(2)” there is inserted “, (2B)”. | |
13 (1) Section 52 (forfeiture and disposal of firearms; cancellation of certificate by | 20 |
convicting court) is amended as follows. | |
(2) In subsection (1)(c), for “probation order” there is substituted “community | |
order”. | |
(3) After subsection (1) there is inserted — | |
“(1A) In subsection (1)(c) “community order” means— | 25 |
(a) a community order within the meaning of Part 11 of the | |
Criminal Justice Act 2003 made in England and Wales, or | |
(b) a probation order made in Scotland.” | |
Social Work (Scotland) Act 1968 (c. 49) | |
14 In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in the | 30 |
definition of “probation order” in subsection (1), for “community | |
rehabilitation order” there is substituted “community order within the | |
meaning of Part 11 of the Criminal Justice Act 2003”. | |
Children and Young Persons Act 1969 (c. 54) | |
15 In section 23 of the Children and Young Persons Act 1969 (remands and | 35 |
committals to local authority accommodation), for the definition of “sexual | |
offence” and “violent offence” in subsection (12) there is substituted— | |
“sexual offence” means an offence specified in Part 2 of Schedule 14 to | |
the Criminal Justice Act 2003; | |
“violent offence” means murder or an offence specified in Part 1 of | 40 |
Schedule 14 to the Criminal Justice Act 2003;”. | |
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Immigration Act 1971 (c. 77) | |
16 In section 7 of the Immigration Act 1971 (exemption from deportation for | |
certain existing residents), in subsection (4), for “section 67 of the Criminal | |
Justice Act 1967” there is substituted “section 222 of the Criminal Justice Act | |
2003”. | 5 |
Thames Barrier and Flood Prevention Act 1972 (c. xiv) | |
17 In section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders | |
for carrying out certain defence works), in subsection (3)(a)(ii), for “six | |
months” there is substituted “12 months”. | |
Rehabilitation of Offenders Act 1974 (c. 53) | 10 |
18 (1) Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods | |
for particular offences) is amended as follows. | |
(2) In subsection (1)— | |
(a) at the end of paragraph (e), there is inserted “and”, and | |
(b) after that paragraph, there is inserted the following paragraph— | 15 |
“(f) a sentence of imprisonment for public protection | |
under section 207 of the Criminal Justice Act 2003, a | |
sentence of detention for public protection under | |
section 208 of that Act or an extended sentence under | |
section 209 or 210 of that Act” | 20 |
(3) In subsection (4A), after the words “probation order” there is inserted “or a | |
community order under section 159 of the Criminal Justice Act 2003”. | |
Armed Forces Act 1976 (c. 52) | |
19 (1) Section 8 of the Armed Forces Act 1976 (powers of Standing Civilian Courts | |
in relation to civilians) is amended as follows. | 25 |
(2) In subsection (1)(a), for “six months” there is substituted “twelve months”. | |
(3) In subsection (2), for “12 months” there is substituted “65 weeks”. | |
Bail Act 1976 (c. 63) | |
20 The Bail Act 1976 is amended as follows. | |
21 (1) Section 2 (other definitions) is amended as follows. | 30 |
(2) In subsection (1)(d)— | |
(a) the words “placing the offender on probation or” are omitted, and | |
(b) for “him” there is substituted “the offender”. | |
(3) In subsection (2), in the definition of “probation hostel”, for the words from | |
“by” onwards there is substituted “by a community order under section 159 | 35 |
of the Criminal Justice Act 2003”. | |
22 In section 4 (general right to bail of accused persons and others), in | |
subsection (3), for the words from “to be dealt with” onwards there is | |
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substituted “or the Crown Court to be dealt with under— | |
(a) Part 2 of Schedule 3 to the Powers of Criminal Courts | |
(Sentencing) Act 2000 (breach of certain youth community | |
orders), or | |
(b) Part 2 of Schedule 7 to the Criminal Justice Act 2003 (breach | 5 |
of requirement of community order).” | |
23 In Part 3 of Schedule 1 (interpretation), in the definition of “default” in | |
paragraph 4, for the words from “Part II” onwards there is substituted “Part | |
2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement of | |
order)”. | 10 |
Criminal Law Act 1977 (c. 45) | |
24 In section 3 of the Criminal Law Act 1977 (penalties for conspiracy), in | |
subsection (1), for “section 127 of the Powers of Criminal Courts | |
(Sentencing) Act 2000” there is substituted “section 145 of the Criminal | |
Justice Act 2003”. | 15 |
Magistrates’ Courts Act 1980 (c. 43) | |
25 The Magistrates’ Courts Act 1980 is amended as follows. | |
26 In section 11 (non appearance of accused), in subsection (3), for “section 119 | |
of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted | |
“paragraph 8(2)(a) or (b) of Schedule 11 to the Criminal Justice Act 2003”. | 20 |
27 In section 33 (maximum penalties on summary conviction in pursuance of | |
section 22), in subsection (1)(a), for “3 months” there is substituted “51 | |
weeks”. | |
28 In section 85 (power to remit fine), in subsection (2A), for “section 35(2)(a) or | |
(b) of the Crime (Sentences) Act 1997” there is substituted “section 276(2) of | 25 |
the Criminal Justice Act 2003”. | |
29 In section 131 (remand of accused already in custody), after subsection (2) | |
there is inserted— | |
“(2A) Where the accused person is serving a sentence of imprisonment to | |
which an intermittent custody order under section 165 of the | 30 |
Criminal Justice Act 2003 relates, the reference in subsection (2) to the | |
expected date of his release is to be read as a reference to the expected | |
date of his next release on licence.”. | |
30 In section 133 (consecutive terms of imprisonment), in subsection (1), for | |
“Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act | 35 |
2000,” there is substituted “Subject to section 243 of the Criminal Justice Act | |
2003,”. | |
Public Passenger Vehicles Act 1981 (c. 14) | |
31 (1) In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary | |
provisions as to qualifications for PSV operators licence), paragraph 1 is | 40 |
amended as follows. | |
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