Office of Public Sector Information
SCHEDULE 26 continued PART 2 continued
35 The Youth Justice and Criminal Evidence Act 1999 has effect subject to the following amendments.
36 (1) Section 35 (child complainants and other child witnesses) is amended as follows.
(2) In subsection (3) (offences to which section applies), in paragraph (a)—
(a) before sub-paragraph (v) insert—
“(iva) any of sections 33 to 36 of the Sexual Offences Act 1956,”; and
(b) in sub-paragraph (vi), at end insert “or any relevant superseded enactment”.
(3) After that subsection insert—
“(3A) In subsection (3)(a)(vi) “relevant superseded enactment” means—
(a) any of sections 1 to 32 of the Sexual Offences Act 1956;
(b) the Indecency with Children Act 1960;
(c) the Sexual Offences Act 1967;
(d) section 54 of the Criminal Law Act 1977.”
37 (1) Section 62 (meaning of “sexual offence” and other references to offences) is amended as follows.
(2) In subsection (1) at end insert “or any relevant superseded offence”.
(3) After that subsection insert—
“(1A) In subsection (1) “relevant superseded offence” means—
(a) rape or burglary with intent to rape;
(b) an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);
(c) an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);
(d) an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);
(e) an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).”
38 The amendments made by paragraphs 36 and 37 are deemed to have had effect as from 1 May 2004.
39 Where an order under section 61 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes provision as regards the application of any provision of section 35 or 62 of that Act which is amended or inserted by paragraph 36 or 37, the order may have effect in relation to times before the making of the order.
40 The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.
41 In section 12 (absolute and conditional discharge), in subsection (1) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
42 In section 24(5)(a) (first meeting: duration of contract), after “under paragraph” insert “9ZD,”.
43 In section 28(a) (offender etc. referred back to court), for “Part I” substitute “Parts 1 and 1ZA”.
44 In section 92 (detention under sections 90 and 91: place of detention etc.) omit subsection (3).
45 In section 116 (power to order return to prison where offence committed during original sentence)—
(a) in subsection (1)(b) for “under Part II of the Criminal Justice Act 1991 (early release of prisoners)” substitute “under any provision of Part 2 of the Criminal Justice Act 1991 (early release of prisoners) other than section 33(1A)”, and
(b) in subsection (7), for “section 84 above” substitute “section 265 of the Criminal Justice Act 2003 (restriction on consecutive sentences for released prisoners)”.
46 In section 130 (compensation orders), in subsection (2) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
47 In section 146 (driving disqualification for any offence), in subsection (2) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
48 In section 164 (further interpretative provisions), in subsection (3)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
49 (1) Schedule 1 (youth offender panels: further court proceedings) is amended as follows.
(2) In the heading for Part 1, at the end insert “: REVOCATION OF REFERRAL ORDER”.
(3) In paragraphs 5(3), 9 and 14(2)(b), after “under paragraph” insert “9ZD,”.
50 In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of the Chapter)—
(a) in subsection (1A)(a) for “authorised persons to be given assistance in” substitute “the giving of assistance to persons”, and
(b) in subsection (4) for ““authorised person” and “conditional caution” have” substitute ““conditional caution” has”.
51 In Article 10 of the Life Sentences (Northern Ireland) Order 2001 (life prisoners transferred to Northern Ireland), after paragraph (5) insert—
“(6) The reference in paragraph (4)(b) to a person transferred to Northern Ireland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a person who is detained in Northern Ireland in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).”
52 In section 48(2)(b) of the Crime (International Co-operation) Act 2003 (transfer of EU etc prisoner to assist UK investigation), for the words from “having been” to the end of paragraph (b) substitute “—
(a) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;
(b) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory.”
53 The Sexual Offences Act 2003 has effect subject to the following amendments.
54 (1) In section 83(6)(a) (notification requirements: initial notification) after “court” insert “or kept in service custody”.
(2) This paragraph extends to England and Wales and Northern Ireland only.
55 (1) In section 85(4)(a) (notification requirements: periodic notification) after “court” insert “or kept in service custody”.
(2) This paragraph extends to England and Wales and Northern Ireland only.
56 (1) Section 133 (interpretation) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a) of the definition of “cautioned”, for “by a police officer” substitute “(or, in Northern Ireland, cautioned by a police officer)”;
(b) at the appropriate place insert—
““kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));”.
(3) After subsection (2) insert—
“(3) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).”
(4) This paragraph extends to England and Wales and Northern Ireland only.
57 (1) In section 138 (orders and regulations), at the end insert—
“(4) Orders or regulations made by the Secretary of State under this Act may—
(a) make different provision for different purposes;
(b) include supplementary, incidental, consequential, transitional, transitory or saving provisions.”
(2) The amendment made by sub-paragraph (1), and the repeals in Part 4 of Schedule 28 of sections 86(4) and 87(6) of the Sexual Offences Act 2003 (which are consequential on that amendment), extend to England and Wales and Northern Ireland only.
58 (1) Schedule 3 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows.
(2) After paragraph 35 insert—
“35A An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—
(a) was 18 or over, and
(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”
(3) After paragraph 92 insert—
“92A An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—
(a) was 18 or over, and
(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”
(4) In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “35A”.
(5) This paragraph extends to England and Wales and Northern Ireland only.
59 The Criminal Justice Act 2003 has effect subject to the following amendments.
60 (1) Section 23A (financial penalties) is amended as follows.
(2) In subsection (5), for paragraphs (b) and (c) substitute—
“(b) the person to whom the financial penalty is to be paid and how it may be paid.”
(3) In subsection (6), for “to the specified officer” substitute “in accordance with the provision specified under subsection (5)(b).”
(4) After subsection (6) insert—
“(6A) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.”
(5) Omit subsections (7) to (9).
61 After section 23A insert—
A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a conditional caution by—
(a) modifying or omitting any of the conditions;
(b) adding a condition.”
62 In section 25 (codes of practice) in subsection (2) after paragraph (g) insert—
“(ga) the provision which may be made by a relevant prosecutor under section 23A(5)(b),”.
63 In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain time periods relating to bail and custody under Part 10), before paragraph (a) insert—
“(za) Saturday,”.
64 In section 142 (purposes of sentencing), in subsection (2)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
65 In section 150 (circumstances in which community sentence not available), in paragraph (d) for “any of sections 225 to 228” to the end substitute “section 225(2) or 226(2) of this Act (requirement to impose sentence of imprisonment for life or detention for life)”.
66 In section 152 (general restrictions on imposing custodial sentences), in subsection (1)(b) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
67 In section 153 (length of discretionary custodial sentences: general provision), in subsection (1), omit “falling to be”.
68 In section 163 (general power of Crown Court to fine) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
69 In section 224 (meaning of “specified offence” etc), in subsection (3) the definition of relevant offence is omitted.
70 Section 233 (offences under service law) is omitted.
71 In section 264 (consecutive terms), in subsection (6)(a)(i) after “means” insert “one-half of”.
72 In section 305 (interpretation of Part 12), in subsection (4)—
(a) for paragraphs (c) and (d) substitute—
“(c) a sentence falls to be imposed under subsection (2) of section 225 if the court is obliged to pass a sentence of imprisonment for life under that subsection;
(d) a sentence falls to be imposed under subsection (2) of section 226 if the court is obliged to pass a sentence of detention for life under that subsection;”, and
(b) paragraph (e) is omitted.
73 In section 273 (life prisoners transferred to England and Wales), after subsection (4) insert—
“(5) The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).”
74 (1) Section 325 (arrangements for assessing etc risks posed by certain offenders) is amended as follows.
(2) In subsection (8), for “section 326” substitute “sections 326 and 327A”.
(3) After that subsection insert—
“(8A) Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions.”
75 In section 326(5)(a) (review of arrangements), for “and this section” substitute “, this section and section 327A”.
76 In section 330(5)(a) (orders subject to the affirmative procedure) after “section 223,” insert—
“section 227(6),
section 228(7)”.
77 In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, omit the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.
78 In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (saving from certain provisions of the Criminal Justice Act 2003 for sentences of imprisonment of less than 12 months), for “sections 244 to 268” substitute “sections 244 to 264 and 266 to 268”.
79 (1) Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as follows.
(2) In the cross-heading before paragraph 6 (offences involving nuclear material), after “material” add “or nuclear facilities”.
(3) In paragraph 6(1), after “section 1(1)” insert “(a) to (d)”.
(4) For paragraph 6(2) and (3) substitute—
“(2) An offence mentioned in section 1(1)(a) or (b) of that Act where the act making the person guilty of the offence (whether done in the United Kingdom or elsewhere)—
(a) is directed at a nuclear facility or interferes with the operation of such a facility, and
(b) causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material.
(3) An offence under any of the following provisions of that Act—
(a) section 1B (offences relating to damage to environment);
(b) section 1C (offences of importing or exporting etc. nuclear material: extended jurisdiction);
(c) section 2 (offences involving preparatory acts and threats).
(4) Expressions used in this paragraph and that Act have the same meanings in this paragraph as in that Act.”
(5) After paragraph 6 insert—
“6A (1) Any of the following offences under the Customs and Excise Management Act 1979—
(a) an offence under section 50(2) or (3) (improper importation of goods) in connection with a prohibition or restriction relating to the importation of nuclear material;
(b) an offence under section 68(2) (exportation of prohibited or restricted goods) in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material;
(c) an offence under section 170(1) or (2) (fraudulent evasion of duty etc.) in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material.
(2) In this paragraph “nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”
80 In paragraph 7 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (powers of wildlife inspectors extended to certain other Acts) after paragraph (d) insert—
“(da) section 19XB(1) and (4) (offences in connection with enforcement powers);”.
81 (1) The Police and Justice Act 2006 is amended as follows.
(2) In subsection (1) of section 49 (orders and regulations)—
(a) at the end of paragraph (a) insert “or”;
(b) omit paragraph (c) and the “or” preceding it.
(3) In paragraph 30 of Schedule 1 (National Policing Improvement Agency: inspections) omit sub-paragraph (3).
82 (1) The Armed Forces Act 2006 has effect subject to the following amendments.
(2) In paragraph 12(ah) of Schedule 2 (offences)—
(a) for “and 18 to 23” substitute “, 18 to 23 and 29B to 29G”, and
(b) for “racial or religious hatred” substitute “hatred by reference to race etc”.
(3) In paragraph 1(2) of Schedule 5 (service community orders: general)—
(a) for “12, 13, 15, 16(5), 17(5) and (6)” substitute “13, 16(5), 17(6)”, and
(b) after “21” insert “, 25A”.
(4) In paragraph 10(2)(b) of Schedule 5 (overseas community orders: general)—
(a) for “12, 13, 15, 16(5), 17(5) and (6)” substitute “13, 16(5), 17(6)”, and
(b) for “and 23(1)(a)(ii)” substitute “, 23(1)(a)(ii) and 25A”.
83 In section 1 of the Offender Management Act 2007 (meaning of “the probation purposes”)—
(a) in subsection (1)(b) for “authorised persons to be given assistance in” substitute “the giving of assistance to persons”, and
(b) in subsection (4) for ““authorised person” and “conditional caution” have” substitute ““conditional caution” has”.
Criminal Justice and Immigration Act 2008