Office of Public Sector Information
SCHEDULE 32 continued PART 1 continued
“(2) Subsection (1) above applies to any probation order made under section 228 unless the order includes requirements which are more onerous than those which a court in England and Wales could impose on an offender under section 177 of the Criminal Justice Act 2003.”
(4) In subsection (3), the words from “or to vary” to “one hundred” are omitted.
(5) In subsection (4)—
(a) in paragraph (a)—
(i) for “paragraph 5(3) of Schedule 2 to the 2000 Act” there is substituted “section 207(2) of the Criminal Justice Act 2003”,
(ii) for “or, as the case may be, community rehabilitation orders” there is substituted “or, as the case may be, community orders under Part 12 of that Act”, and
(iii) for “paragraph 5 of the said Schedule 2” there is substituted “section 207 of the Criminal Justice Act 2003”, and
(b) in paragraph (b), for “sub-paragraphs (5) to (7) of the said paragraph 5” there is substituted “sections 207(4) and 208(1) and (2) of the Criminal Justice Act 2003”.
(6) After subsection (4) there is inserted—
“(4A) A probation order made or amended under this section must specify as the corresponding requirements for the purposes of this section requirements which could be included in a community order made under section 177 of the Criminal Justice Act 2003.”
(7) In subsection (5), for “Schedule 3” onwards there is substituted “Schedule 8 to the Criminal Justice Act 2003 shall apply as if it were a community order made by a magistrates' court under section 177 of that Act and imposing the requirements specified under subsection (4A) above”.
(8) For subsection (6) there is substituted—
“(6) In its application to a probation order made or amended under this section, Schedule 8 to the Criminal Justice Act 2003 has effect subject to the following modifications—
(a) any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,
(b) in paragraph 9—
(i) paragraphs (b) and (c) of sub-paragraph (1) are omitted,
(ii) in sub-paragraph (6), the first reference to the Crown Court has effect as a reference to a court in Scotland, and
(iii) any other reference in sub-paragraphs (6) or (7) to the Crown Court has effect as a reference to the court in Scotland, and
(c) Parts 3 and 5 are omitted.”
(9) In subsection (10)—
(a) for the words from “paragraph 6” to “community rehabilitation orders” there is substituted “paragraph 8 of Schedule 9 (which relates to community orders”, and
(b) for “an order made under section 41” there is substituted “a community order made under Part 12”.
71 In section 242 (community service orders: persons residing in England and Wales)—
(a) in subsection (1)—
(i) in paragraph (a)(ii), for “a community punishment order” there is substituted “an unpaid work requirement imposed by a community order (within the meaning of Part 12 of the Criminal Justice Act 2003)”, and
(ii) in paragraph (a)(iii), for “community punishment orders made under section 46 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “unpaid work requirements imposed by community orders made under section 177 of the Criminal Justice Act 2003”,
(b) in subsection (2)(b), for “community punishment orders made under section 46 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “unpaid work requirements imposed by community orders made under section 177 of the Criminal Justice Act 2003”, and
(c) in subsection (3)(b), for “in respect of community punishment orders conferred on responsible officers by the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “conferred on responsible officers by Part 12 of the Criminal Justice Act 2003 in respect of unpaid work requirements imposed by community orders (within the meaning of that Part)”.
72 In section 244 (community service orders: provisions relating to persons living in England and Wales or Northern Ireland)—
(a) in subsection (3)(a)—
(i) for “community punishment order” there is substituted “community order (within the meaning of Part 12 of the Criminal Justice Act 2003)”, and
(ii) for “community punishment orders” there is substituted “such community orders”,
(b) in subsection (4)(a), for “community punishment orders” there is substituted “community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)”,
(c) in subsection (5), for “community punishment order” there is substituted “a community order (within the meaning of Part 12 of the Criminal Justice Act 2003)”, and
(d) in subsection (6)—
(i) for “community punishment orders”, where first occurring, there is substituted “community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)”, and
(ii) in paragraph (b)(ii), for “the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “Part 12 of the Criminal Justice Act 2003”.
73 In section 562 of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “probation order” there is substituted “community order under section 177 the Criminal Justice Act 2003”.
74 The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
75 In Article 2 (interpretation) after paragraph (8) there is inserted—
“(9) For the purposes of this Order, a sentence falls to be imposed under paragraph (2) of Article 52A of the Firearms (Northern Ireland) Order 1981 if it is required by that paragraph and the court is not of the opinion there mentioned.”
76 In Article 4 (absolute and conditional discharge), in paragraph (1), for “(not being an offence for which the sentence is fixed by law)” there is substituted “(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)”.
77 In Article 10 (probation orders), in paragraph (1) for “(not being an offence for which the sentence is fixed by law)” there is substituted “(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)”.
78 (1) Article 13 (community service orders) is amended as follows.
(2) In paragraph (1) for “(not being an offence for which the sentence is fixed by law)” there is substituted “(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)”.
(3) In paragraph (4)(b) as it has effect pursuant to paragraph 7(1) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for “such orders” there is substituted “an unpaid work requirement of a community order (within the meaning of Part 12 of the Criminal Justice Act 2003)”.
79 In Article 15 (orders combining probation and community service), in paragraph (1) for “(not being an offence for which the sentence is fixed by law)” there is substituted “(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)”.
80 In Article 19 (restrictions on imposing custodial sentences), at the end of paragraph (1) there is inserted “or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981”.
81 (1) In Article 20 (length of custodial sentences), at the end of paragraph (1) there is inserted “or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981”.
(2) In Article 24 (custody probation orders), in paragraph (1) for “other than one fixed by law” there is substituted “, other than an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981,”.
82 The Crime (Sentences) Act 1997 is amended as follows.
83 (1) Section 31 (duration and conditions of licences) is amended as follows.
(2) In subsection (3), for the words from “except” onwards there is substituted “except in accordance with recommendations of the Parole Board”.
(3) Subsection (4) is omitted.
(4) In subsection (6), for “section 46(3) of the 1991 Act” there is substituted “section 259 of the Criminal Justice Act 2003”.
84 In section 32 (recall of life prisoners while on licence) for subsection (5) there is substituted—
“(5) Where on a reference under subsection (4) above the Parole Board directs the immediate release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.”
85 (1) Schedule 1 (transfers of prisoners within the British Islands) is amended as follows.
(2) In paragraph 6, after sub-paragraph (3) there is inserted—
“(4) In this Part of this Schedule—
“the 2003 Act” means the Criminal Justice Act 2003;
“custody plus order” has the meaning given by section 181(4) of that Act;
“intermittent custody order” has the meaning given by section 183(2) of that Act.”
(3) In paragraph 8 (restricted transfers from England and Wales to Scotland)—
(a) for sub-paragraph (2)(a) there is substituted—
“(a) sections 241, 244, 247 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;
(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;
(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule 11 to that Act); and”,
(b) for sub-paragraph (4)(a) there is substituted—
“(a) sections 241, 249 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;
(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;
(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule 11 to that Act); and”, and
(c) for sub-paragraphs (5) to (7) there is substituted—
“(5) Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a relevant officer of such local authority as may be specified in the licence”.
“(6) Any provision of sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if—
(a) any reference to secure accommodation were a reference to secure accommodation within the meaning of Part 2 of the Children (Scotland) Act 1995 or a young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989,
(b) except in section 103(2), any reference to the Secretary of State were a reference to the Scottish Ministers,
(c) any reference to an officer of a local probation board were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993,
(d) any reference to a youth court were a reference to a sheriff court,
(e) in section 103, any reference to a petty sessions area were a reference to a local government area within the meaning of the Local Government etc. (Scotland) Act 1994,
(f) in section 103(3), for paragraphs (b) and (c) there were substituted a reference to an officer of a local authority constituted under that Act for the local government area in which the offender resides for the time being,
(g) section 103(5) were omitted,
(h) in section 104, for subsection (1) there were substituted—
“(1) Where a detention and training order is in force in respect of an offender and it appears on information to a sheriff court having jurisdiction in the locality in which the offender resides that the offender has failed to comply with requirements under section 103(6)(b), the court may—
(a) issue a citation requiring the offender to appear before it at the time specified in the citation, or
(b) issue a warrant for the offender’s arrest.”,
(i) section 104(2) were omitted, and
(j) in section 104(6), the reference to the Crown Court were a reference to the High Court of Justiciary.”
(4) In paragraph 9 (restricted transfers from England and Wales to Northern Ireland)—
(a) for sub-paragraph (2)(a) there is substituted—
“(a) sections 241, 244, 247 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule 11 to that Act); and”,
(b) for sub-paragraph (4)(a) there is substituted—
“(a) sections 241, 249 to 252 and 254 to 264 of the 2003 Act (fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(aa) sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(ab) where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule 11 to that Act); and”,
(c) for sub-paragraphs (5) to (7) there is substituted—
“(5) Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words “a probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides”.”
(5) In paragraph 15 (unrestricted transfers: general provisions), sub-paragraph (5) is omitted.
86 In Schedule 2 (repatriation of prisoners to the British Islands) paragraphs 2 and 3 are omitted.
87 The Crime and Disorder Act 1998 is amended as follows.
88 In section 18 (interpretation etc. of Chapter 1)—
(a) after the definition of “responsible officer” in subsection (1) there is inserted—
““serious harm” shall be construed in accordance with section 224 of the Criminal Justice Act 2003;”; and
(b) subsection (2) is omitted.
89 (1) Section 38 (local provision of youth justice services) is amended as follows.
(2) In subsection (4)(g), for “probation order, a community service order or a combination order” there is substituted “community order under section 177 of the Criminal Justice Act 2003”.
(3) In subsection (4)(i), after “1997 Act”)” there is inserted “or by virtue of conditions imposed under section 250 of the Criminal Justice Act 2003”.
90 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
91 (1) Section 6 (committal for sentence in certain cases where offender committed in respect of another offence) is amended as follows.
(2) In subsection (3)(b), for “section 120(1) below” there is substituted “paragraph 11(1) of Schedule 12 to the Criminal Justice Act 2003”.
(3) For subsection (4)(e), there is substituted—
“(e) paragraph 11(2) of Schedule 12 to the Criminal Justice Act 2003 (committal to Crown Court where offender convicted during operational period of suspended sentence).”.
92 In section 7 (power of Crown Court on committal for sentence under section 6), in subsection (2), for “section 119 below” there is substituted “paragraphs 8 and 9 of Schedule 12 to the Criminal Justice Act 2003”.
93 In section 12 (absolute and conditional discharge)—
(a) in subsection (1) for “109(2), 110(2) or 111(2) below” there is substituted “section 110(2) or 111(2) below, section 51A(2) of the Firearms Act 1968 or section 225, 226, 227 or 228 of the Criminal Justice Act 2003)”, and
(b) subsection (4) (duty to explain effect of order for conditional discharge) is omitted.
94 In the heading to Part 4, and the heading to Chapter 1 of that Part, for “COMMUNITY ORDERS” there is substituted “YOUTH COMMUNITY ORDERS”.
95 For section 33 there is substituted—
(1) In this Act “youth community order” means any of the following orders—
(a) a curfew order;
(b) an exclusion order;
(c) an attendance centre order;
(d) a supervision order;
(e) an action plan order.
(2) In this Act “community sentence” means a sentence which consists of or includes—
(a) a community order under section 177 of the Criminal Justice Act 2003, or
(b) one or more youth community orders.”
96 (1) Section 36B (electronic monitoring of requirements in community orders) is amended as follows.
(2) In the heading for “community orders” there is substituted “youth community orders”, and
(3) In subsection (1)—
(a) for “to (4)” there is substituted “and (3)”, and
(b) for “community order” there is substituted “youth community order”.
(4) In subsection (2) and (6)(a), for “community order” there is substituted “youth community order”.
97 (1) Section 37 (curfew orders) is amended as follows.
(2) In subsection (1)—
(a) after the word “person” there is inserted “aged under 16”, and
(b) for “sections 34 to 36 above” there is substituted “sections 148, 150 and 156 of the Criminal Justice Act 2003”.
(3) In subsection (5), for “community order” there is substituted “youth community order”.
(4) Subsection (10) is omitted.
98 In section 39 (breach, revocation and amendment of curfew orders), for “community orders” there is substituted “youth community orders”.
99 In section 40 (curfew orders: supplementary), in subsection (3), for “paragraphs 2A(4) and (5) and 19(3)” there is substituted “paragraph 16(2)”.
100 (1) Section 40A (exclusion orders) is amended as follows.
(2) In subsection (1)—
(a) after “person” there is inserted “aged under 16”,
(b) for “sections 34 to 36 above” there is substituted “sections 148, 150 and 156 of the Criminal Justice Act 2003”, and
(c) for “two years” there is substituted “three months”.
(3) In subsection (5), for “community order” there is substituted “youth community order”.
(4) Subsection (10) is omitted.
101 In section 40B (breach, revocation and amendment of exclusion orders), for “community orders” there is substituted “youth community orders”.
102 (1) Section 60 (attendance centre orders) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), for “sections 34 to 36 above” there is substituted “sections 148, 150 and 156 of the Criminal Justice Act 2003” and for “21” there is substituted “16”, and
(b) in paragraph (b), for “21” there is substituted “16”, and
(c) paragraph (c) and the word “or” immediately preceding it are omitted.
(3) In subsection (4), for paragraphs (a) and (b) there is substituted “shall not exceed 24”.
(4) In subsection (7), for “community order” there is substituted “youth community order”.
103 In section 63 (supervision orders), in subsection (1), for “sections 34 to 36 above” there is substituted “sections 148, 150 and 156 of the Criminal Justice Act 2003”.
104 (1) Section 69 (action plan orders) is amended as follows.
(2) In subsection (1), for “sections 34 to 36 above” there is substituted “sections 148, 150 and 156 of the Criminal Justice Act 2003”, and
(3) In subsection (5)(b), for “a community rehabilitation order, a community punishment order, a community punishment and rehabilitation order,” there is substituted “a community order under section 177 of the Criminal Justice Act 2003”.
(4) Subsection (11) is omitted.
105 In section 70 (requirements which may be included in action plan orders and directions), in subsection (5)(a), after the word “other” there is inserted “youth community order or any”.
106 (1) Section 73 (reparation orders) is amended as follows.
(2) In subsection (4)(b), for “a community punishment order, a community punishment and rehabilitation order,” there is substituted “a community order under section 177 of the Criminal Justice Act 2003”.
(3) Subsection (7) is omitted.
107 In section 74 (requirements and provisions of reparation order, and obligations of person subject to it), in subsection (3)(a), after “community order” there is inserted “or any youth community order”.
108 In section 76 (meaning of custodial sentence), in subsection (1) after paragraph (b) there is inserted—
“(bb) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003;
(bc) a sentence of detention under section 228 of that Act;”.
109 (1) Section 82A (determination of tariffs) is amended as follows.
(2) In subsection (1), for the words from “where” onwards there is substituted “where the sentence is not fixed by law”.
(3) In subsection (3)—
(a) in paragraph (b), for “section 87” there is substituted “section 240 of the Criminal Justice Act 2003”, and
(b) in paragraph (c), for “sections 33(2) and 35(1) of the Criminal Justice Act 1991” there is substituted “section 244(1) of the Criminal Justice Act 2003”.
(4) In subsection (4)—
(a) after “If” there is inserted “the offender was aged 21 or over when he committed the offence and”, and
(b) the words “subject to subsection (5) below” are omitted.
(5) Subsections (5) and (6) are omitted.
110 (1) Section 91 (offenders under 18 convicted of certain serious offences) is amended as follows.
(2) In subsection (3), for “none of the other methods in which the case may legally be dealt with” there is substituted “neither a community sentence nor a detention and training order”.
(3) In subsection (4), for “section 79 and 80 above” there is substituted “section 152 and 153 of the Criminal Justice Act 2003”.
111 (1) Section 100 (detention and training orders) is amended as follows.
(2) In subsection (1)—
(a) for the words from the beginning to “subsection (2)” there is substituted “Subject to sections 90 and 91 above, sections 226 and 228 of the Criminal Justice Act 2003, and subsection (2)”, and
(b) for paragraph (b) there is substituted—
“(b) the court is of the opinion that subsection (2) of section 152 of the Criminal Justice Act 2003 applies or the case falls within subsection (3) of that section,”.
(3) Subsection (4) is omitted.
112 In section 106 (interaction of detention and training orders with sentences of detention in a young offender institution), subsections (2) and (3) are omitted.
113 After section 106 there is inserted—
(1) In this section—
“the 2003 Act” means the Criminal Justice Act 2003;
“sentence of detention” means—
a sentence of detention under section 91 above, or
a sentence of detention under section 228 of the 2003 Act (extended sentence for certain violent or sexual offences: persons under 18).
(2) Where a court passes a sentence of detention in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—
(a) if the offender has at any time been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which the sentence is passed, and
(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.
(3) Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention, the order shall take effect as follows—
(a) if the offender has at any time been released under Chapter 6 of Part 12 of the 2003 Act (release on licence of fixed-term prisoners), at the beginning of the day on which the order is made, and
(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Chapter.
(4) Where an order under section 102(5) above is made in the case of a person in respect of whom a sentence of detention is to take effect as mentioned in subsection (2)(b) above, the order is to be expressed as an order that the period of detention attributable to the detention and training order is to end at the time determined under section 102(5)(a) or (b) above.
(5) In determining for the purposes of subsection (3)(b) the time when an offender would otherwise be released under Chapter 6 of Part 12 of the 2003 Act, section 246 of that Act (power of Secretary of State to release prisoners on licence before he is required to do so) is to be disregarded.
(6) Where by virtue of subsection (3)(b) above a detention and training order made in the case of a person who is subject to a sentence of detention under section 228 of the 2003 Act is to take effect at the time when he would otherwise be released under Chapter 6 of Part 12 of that Act, any direction by the Parole Board under subsection (2)(b) of section 247 of that Act in respect of him is to be expressed as a direction that the Board would, but for the detention and training order, have directed his release under that section.
(7) Subject to subsection (9) below, where at any time an offender is subject concurrently—
(a) to a detention and training order, and
(b) to a sentence of detention,
he shall be treated for the purposes of the provisions specified in subsection (8) below as if he were subject only to the sentence of detention.
(8) Those provisions are—
(a) sections 102 to 105 above,
(b) section 92 above and section 235 of the 2003 Act (place of detention, etc.), and
(c) Chapter 6 of Part 12 of the 2003 Act.
Criminal Justice Act 2003