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PART 12 continued CHAPTER 8 continued
Schedule 29 (which contains amendments of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) relating to sentencing) shall have effect.
(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) there is substituted—
“(5A) In the case of—
(a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with 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”.”
(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—
(a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981,
subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “10 years”.”
(4) In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A) there is substituted—
“(4A) In the case of—
(a) an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(b) any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(c) any such offence committed in connection with the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981,
subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “10 years”.”
(5) This section does not affect the penalty for any offence committed before the commencement of this section.
(1) Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows.
(2) In subsection (1), for “the expiration of that person’s sentence” there is substituted “his release date”.
(3) For subsections (2) and (3) there is substituted—
“(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
(3) In this section, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded—
(a) any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and
(b) any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution.”.
In section 74 of the Mental Health Act 1983 (restricted patients subject to restriction directions) after subsection (5) there is inserted—
“(5A) Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction—
(a) the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and
(b) if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released.”
(1) Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as follows.
(2) In paragraph (1), for “the expiration of that person’s sentence” there is substituted “his release date”.
(3) For paragraphs (2) and (3) there is substituted—
“(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
(3) In this Article, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given; and in determining that day any powers that would be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded.”
In Article 79 of the Mental Health (Northern Ireland) Order 1986 (restricted patients subject to restriction directions) after paragraph (5) there is inserted—
“(5A) Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction—
(a) the fact that the restriction direction remains in force does not prevent—
(i) the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or
(ii) the making of any application by him to the Sentence Review Commissioners, and
(b) if—
(i) the Life Sentence Review Commissioners give a direction by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or
(ii) the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled,
the restriction direction shall cease to have effect at the time at which he would become so entitled.”.
(1) Section 101 of the Sentencing Act (which relates to detention and training orders) is amended as follows.
(2) In subsection (1), for “subsection (2)” there is substituted “subsections (2) and (2A)”.
(3) After subsection (2) there is inserted—
“(2A) Where—
(a) the offence is a summary offence,
(b) the maximum term of imprisonment that a court could (in the case of an offender aged 18 or over) impose for the offence is 51 weeks,
the term of a detention and training order may not exceed 6 months.”
Schedule 30 (which contains amendments of Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43) relating to disqualification orders under that Part) shall have effect.
(1) Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court—
(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or
(b) would, but for section 89 of the Sentencing Act (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.
(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—
(a) an unpaid work requirement (as defined by section 199), or
(b) a curfew requirement (as defined by section 204).
(3) In this Part “default order” means an order under subsection (2).
(4) Subsections (3) and (4) of section 177 (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation to a community order.
(5) Where a magistrates' court has power to make a default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.
(6) Schedule 8 (breach, revocation or amendment of community order), Schedule 9 (transfer of community orders to Scotland or Northern Ireland) and Chapter 4 (further provisions about orders under Chapters 2 and 3) have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31.
(7) Where a default order has been made for default in paying any sum—
(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and
(b) on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
(8) In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.
(1) Subsection (2) applies in any case where a magistrates' court—
(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or
(b) would, but for section 89 of the Sentencing Act (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.
(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.
(3) Where an order has been made under subsection (2) for default in paying any sum—
(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and
(b) on payment of part of the sum to any such person, the total number of weeks or months to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
(4) In calculating any reduction required by subsection (3)(b) any fraction of a week or month is to be disregarded.
(5) The Secretary of State may by order amend subsection (2) by substituting, for the period there specified, such other period as may be specified in the order.
(6) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce—
(a) any such licence held by him together with its counterpart; or
(b) in the case where he holds a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence and its counterpart (if any).
(7) In this section—
“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;
“counterpart”—
in relation to a driving licence, has the meaning given in relation to such a licence by section 108(1) of that Act; and
in relation to a Community licence, has the meaning given by section 99B of that Act.
Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under—
paragraph 7(2) or (4), 13(6) or 25(1) of Schedule 8,
paragraph 12 of Schedule 9,
paragraph 8(1) of Schedule 10, or
paragraph 6(2) or (4), 12(1) or 20(1) of Schedule 12,
as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court.
The following enactments (which are superseded by the provisions of this Part) shall cease to have effect—
(a) Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners),
(b) in the Crime (Sentences) Act 1997 (c. 43)—
(i) section 29 (power of Secretary of State to release life prisoners to whom section 28 of that Act does not apply),
(ii) section 33 (transferred prisoners), and
(iii) sections 35 and 40 (fine defaulters),
(c) sections 80 and 81 of the Crime and Disorder Act 1998 (c. 37) (sentencing guidelines), and
(d) in the Sentencing Act—
(i) Chapter 3 of Part 4 (community orders available only where offender 16 or over),
(ii) section 85 (sexual or violent offences: extension of custodial term for licence purposes),
(iii) sections 87 and 88 (remand in custody),
(iv) section 109 (life sentence for second serious offence), and
(v) Chapter 5 of Part 5 (suspended sentences).
Schedule 32 (which contains amendments related to the provisions of this Part) shall have effect.
(1) In this Part, except where the contrary intention appears—
“accredited programme” has the meaning given by section 202(2);
“activity requirement”, in relation to a community order, custody plus order, intermittent custody order or suspended sentence order, has the meaning given by section 201;
“alcohol treatment requirement”, in relation to a community order or suspended sentence order, has the meaning given by section 212;
“the appropriate officer of the court” means, in relation to a magistrates' court, the clerk of the court;
“associated”, in relation to offences, is to be read in accordance with section 161(1) of the Sentencing Act;
“attendance centre” has the meaning given by section 221(2);
“attendance centre requirement”, in relation to a community order, custody plus order, intermittent custody order or suspended sentence order, has the meaning given by section 214;
“community order” has the meaning given by section 177(1);
“community requirement”, in relation to a suspended sentence order, has the meaning given by section 189(7);
“community sentence” has the meaning given by section 147(1);
“court” (without more), except in Chapter 7, does not include a service court;
“curfew requirement”, in relation to a community order, custody plus order, intermittent custody order or suspended sentence order, has the meaning given by section 204;
“custodial sentence” has the meaning given by section 76 of the Sentencing Act;
“custody plus order” has the meaning given by section 181(4);
“default order” has the meaning given by section 300(3);
“drug rehabilitation requirement”, in relation to a community order or suspended sentence order, has the meaning given by section 209;
“electronic monitoring requirement”, in relation to a community order, custody plus order, intermittent custody order or suspended sentence order, has the meaning given by section 215;
“exclusion requirement”, in relation to a community order, custody plus order, intermittent custody order or suspended sentence order, has the meaning given by section 205;
“guardian” has the same meaning as in the Children and Young Persons Act 1933 (c. 12);
“intermittent custody order” has the meaning given by section 183(2);
“licence” means a licence under Chapter 6;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
“mental health treatment requirement”, in relation to a community order or suspended sentence order, has the meaning given by section 207;
“pre-sentence report” has the meaning given by section 158(1);
“programme requirement”, in relation to a community order, custody plus order, intermittent custody order or suspended sentence order, has the meaning given by section 202;
“prohibited activity requirement”, in relation to a community order, custody plus order, intermittent custody order or suspended sentence order, has the meaning given by section 203;
“residence requirement”, in relation to a community order or suspended sentence order, has the meaning given by section 206;
“responsible officer”, in relation to an offender to whom a community order, a custody plus order, an intermittent custody order or a suspended sentence order relates, has the meaning given by section 197;
“sentence of imprisonment” does not include a committal—
in default of payment of any sum of money,
for want of sufficient distress to satisfy any sum of money, or
for failure to do or abstain from doing anything required to be done or left undone,
and references to sentencing an offender to imprisonment are to be read accordingly;
“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
“service court” means—
a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);
a summary appeal court constituted under section 83ZA of the Army Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of the Naval Discipline Act 1957;
the Courts-Martial Appeal Court; or
a Standing Civilian Court;
“service disciplinary proceedings” means—
any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), and
any proceedings before a Standing Civilian Court;
“supervision requirement”, in relation to a community order, custody plus order, intermittent custody order or suspended sentence order, has the meaning given by section 213;
“suspended sentence” and “suspended sentence order” have the meaning given by section 189(7);
“unpaid work requirement”, in relation to a community order, custody plus order, intermittent custody order or suspended sentence order, has the meaning given by section 199;
“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).
(2) For the purposes of any provision of this Part which requires the determination of the age of a person by the court or the Secretary of State, his age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.
(3) Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.
(4) For the purposes of this Part—
(a) a sentence falls to be imposed under subsection (2) of section 51A of the Firearms Act 1968 (c. 27) if it is required by that subsection and the court is not of the opinion there mentioned,
(b) a sentence falls to be imposed under section 110(2) or 111(2) of the Sentencing Act if it is required by that provision and the court is not of the opinion there mentioned,
(c) a sentence falls to be imposed under section 225 or 227 if, because the court is of the opinion mentioned in subsection (1)(b) of that section, the court is obliged to pass a sentence complying with that section,
(d) a sentence falls to be imposed under section 226 if, because the court is of the opinion mentioned in subsection (1)(b) of that section and considers that the case falls within subsection (2) or (3) of that section, the court is obliged to pass a sentence complying with that section, and
(e) a sentence falls to be imposed under section 228 if, because the court is of the opinion mentioned in subsection (1)(b)(i) and (ii) of that section, the court is obliged to pass a sentence complying with that section.
Criminal Justice Act 2003