Office of Public Sector Information
Section 304
1 Section 3 of the Piracy Act 1837 (punishment for offence under certain repealed Acts relating to piracy) shall cease to have effect.
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.
(2) In subsection (4A)(d), for “section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “section 222(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 the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “means an offence listed in Part 2 of Schedule 15 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 substituted “means an offence listed in Part 1 of Schedule 15 to the Criminal Justice Act 2003”.
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 “section 221 of the Criminal Justice Act 2003”.
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 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 207 of that Act or make an order under”.
6 In section 104 (general provisions as to interpretation)_
(a) in subsection (1), the definition of “suspended sentence” is omitted, and
(b) subsection (2) is omitted.
7 The Criminal Appeal Act 1968 is amended as follows.
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 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 12 of the Criminal Justice Act 2003”, and
(b) paragraph (c) and the word “or” immediately preceding it are omitted.
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 is substituted “Section 240 of the Criminal Justice Act 2003 (crediting of periods of remand in custody: terms of imprisonment and detention) shall apply”.
11 The Firearms Act 1968 is amended as follows.
12 (1) Section 21 (possession of firearms by persons previously convicted of crime) is amended as follows.
(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 183(1)(b) of the Criminal Justice Act 2003 relates, the date of his final release.”
(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 183 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 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—
(a) a community order within the meaning of Part 12 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 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—
(a) a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England and Wales, or
(b) a probation order made in Scotland.”
14 In section 94 of the Social Work (Scotland) Act 1968 (interpretation), in the definition of “probation order” in subsection (1), for “community rehabilitation order” there is substituted “community order within the meaning of Part 12 of the Criminal Justice Act 2003”.
15 In section 23 of the Children and Young Persons Act 1969 (remands and 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 15 to the Criminal Justice Act 2003;
“violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003;”.
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 240 of the Criminal Justice Act 2003”.
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”.
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—
“(f) a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, a sentence of detention for public protection under section 226 of that Act or an extended sentence under section 227 or 228 of that Act”
(3) In subsection (4A), after the words “probation order” there is inserted “or a community order under section 177 of the Criminal Justice Act 2003”.
19 (1) Section 8 of the Armed Forces Act 1976 (powers of Standing Civilian Courts in relation to civilians) is amended as follows.
(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”.
20 The Bail Act 1976 is amended as follows.
21 (1) Section 2 (other definitions) is amended as follows.
(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 177 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 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 8 to the Criminal Justice Act 2003 (breach 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 8 to the Criminal Justice Act 2003 (breach of requirement of order)”.
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 163 of the Criminal Justice Act 2003”.
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 12 to the Criminal Justice Act 2003”.
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 300(2) of 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 183 of the 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 2000,” there is substituted “Subject to section 265 of the Criminal Justice Act 2003,”.
31 In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (ineligibility for and disqualification and excusal from jury service), in Part 2, in paragraph (bb), for sub-paragraph (v) there is substituted—
“(v) a community order within the meaning of section 177 of the Criminal Justice Act 2003;
(va) a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;”.
32 (1) In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary provisions as to qualifications for PSV operators licence), paragraph 1 is amended as follows.
(2) In sub-paragraph (4)(a), for “a community service order for more than sixty hours” there is substituted “a community order requiring the offender to perform unpaid work for more than sixty hours”.
(3) In sub-paragraph (6), for the words from ““a community” onwards there is substituted ““a community order” means an order under section 177 of the Criminal Justice Act 2003, a community punishment order made before the commencement of that section or a community service order under the Community Service by Offenders (Scotland) Act 1978”.
33 In section 4 of the Criminal Attempts Act 1981 (trials and penalties), in subsection (5)(b), for sub-paragraph (ii) there is substituted—
“(ii) in section 154(1) and (2) (general limit on magistrates' court’s powers to impose imprisonment) of the Criminal Justice Act 2003.”.
34 The Criminal Justice Act 1982 is amended as follows.
35 In section 32 (early release of prisoners), in subsection (1)(a), after “life” there is inserted “, imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or an extended sentence under section 227 of that Act”.
36 (1) Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland): persons residing in England and Wales or Scotland) is amended as follows.
(2) In paragraph 7—
(a) in sub-paragraph (2)(b), 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)”, and
(b) in sub-paragraph (3)(b), for the words from “community service orders” onwards there is substituted “community orders within the meaning of Part 12 of the Criminal Justice Act 2003 conferred on responsible officers by that Part of that Act.”.
(3) For paragraph 9(3) there is substituted—
“(3) Subject to the following provisions of this paragraph—
(a) a community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a community order made in England and Wales under section 177 of the Criminal Justice Act 2003 and the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly; and
(b) a community service order made or amended in the circumstances specified in paragraph 8 above shall be treated as if it were a community service order made in Scotland and the legislation relating to community service orders in Scotland shall apply accordingly.”
(4) In paragraph 9(4)(a), after “community service orders” there is inserted “or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)”.
(5) In paragraph 9(5), after “a community service order” there is inserted “or, as the case may be, a community order (within the meaning of Part 12 of the Criminal Justice Act 2003)”.
(6) In paragraph 9(6)—
(a) after “community service orders”, where first occurring, there is inserted “or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)”, and
(b) in paragraph (b)(i), for “the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “Part 12 of the Criminal Justice Act 2003”.
37 The Mental Health Act 1983 is amended as follows.
38 In section 37 (powers of courts to order hospital admission or guardianship)—
(a) in subsection (1), the words “or falls to be imposed under section 109(2) of the Powers of Criminal Courts (Sentencing) Act 2000” are omitted,
(b) for subsections (1A) and (1B) there is substituted —
“(1A) In the case of an offence the sentence for which would otherwise fall to be imposed—
(a) under section 51A(2) of the Firearms Act 1968,
(b) under section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000, or
(c) under any of sections 225 to 228 of the Criminal Justice Act 2003,
nothing in those provisions shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital.
(1B) References in subsection (1A) above to a sentence falling to be imposed under any of the provisions mentioned in that subsection are to be read in accordance with section 305(4) of the Criminal Justice Act 2003.”
(c) in subsection (8), for “probation order” there is substituted “community order (within the meaning of Part 12 of the Criminal Justice Act 2003)”.
39 In section 45A (powers of higher courts to direct hospital admission), in subsection (1)(b), the words from “except” to “1997” are omitted.
40 The Repatriation of Prisoners Act 1984 is amended as follows.
41 In section 2 (transfer out of the United Kingdom), in subsection (4)(b), for sub-paragraph (i) there is substituted—
“(i) released on licence under section 28(5) of the Crime (Sentences) Act 1997 or under section 244 or 246 of the Criminal Justice Act 2003; or”.
42 In section 3 (transfer into the United Kingdom), subsection (9) is omitted.
43 (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows in relation to prisoners repatriated to England and Wales.
(2) In paragraph 2, for sub-paragraphs (1A) and (2) there is substituted—
“(2) If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular part of a life sentence is concerned, be deemed to be increased by that period.
(3) Where the prisoner’s sentence is for a term of less than twelve months, Chapter 6 of Part 12 of the Criminal Justice Act 2003 shall apply as if the sentence were for a term of twelve months or more.
(4) In this paragraph—
“the enactments relating to release on licence” means section 28(5) and (7) of the Crime (Sentences) Act 1997 and Chapter 6 of Part 12 of the Criminal Justice Act 2003;
“sentence”, means the provision included in the warrant which is equivalent to sentence.”.
(3) Paragraph 3 is omitted.
44 In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), for the definitions of “sexual offence” and “violent offence” in subsection (6A) there is substituted—
““sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003;
“violent offence” means murder or an offence specified in Part 1 of that Schedule;”.
45 The Criminal Justice Act 1988 is amended as follows.
46 In section 36 (reviews of sentencing), in subsection (2), for the words from “erred in law” onwards there is substituted—
“(a) erred in law as to his powers of sentencing; or
(b) failed to impose a sentence required by—
(i) section 51A(2) of the Firearms Act 1968;
(ii) section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000; or
(iii) any of sections 225 to 228 of the Criminal Justice Act 2003.”
47 In section 50 (suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts), in subsection (3)(b)(i), for “Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “Criminal Justice Act 2003”.
48 The Firearms (Amendment) Act 1988 is amended as follows.
49 In section 1 (prohibited weapons and ammunition), in subsection (4A) after paragraph (b) there is inserted—
“(bb) may amend subsection (1A)(a) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences: power to detain for specified period) so as to include a reference to any provision added by the order to section 5(1) of the principal Act,
(bc) may amend section 50(5A)(a), 68(4A)(a) or 170(4A)(a) of the Customs and Excise Management Act 1979 (offences relating to improper importation or exportation) so as to include a reference to anything added by the order to section 5(1) of the principal Act,”.
50 In section 27(4) (which relates to Northern Ireland), after “Except for” there is inserted “section 1, so far as enabling provision to be made amending the Customs and Excise Management Act 1979, and”.
51 In section 164 of the Road Traffic Act 1988 (power of constables to require production of driving licence and in certain cases statement of date of birth), in subsection (5), for “section 40 of the Crime (Sentences) Act 1997” there is substituted “section 301 of the Criminal Justice Act 2003”.
52 The Road Traffic Offenders Act 1988 is amended as follows.
53 In section 27 (production of licence), in subsection (3), for “section 40 of the Crime (Sentences) Act 1997” there is substituted “section 301 of the Criminal Justice Act 2003”.
54 In section 46 (combination of disqualification and endorsement with probation orders and orders for discharge), in subsection (1), paragraph (a) and the word “or” following it shall cease to have effect.
55 The Football Spectators Act 1989 is amended as follows.
56 In section 7 (disqualification for membership of scheme), subsection (9) is omitted.
57 In section 14E (banning orders: general), after subsection (6) there is inserted—
“(7) A person serving a sentence of imprisonment to which an intermittent custody order under section 183 of the Criminal Justice Act 2003 relates is to be treated for the purposes of this section as having been detained in legal custody until his final release; and accordingly any reference in this section to release is, in relation to a person serving such a sentence, a reference to his final release.”
58 In section 18 (information), after subsection (4) there is inserted—
“(5) In relation to a person serving a sentence of imprisonment to which an intermittent custody order under section 183 of the Criminal Justice Act 2003 relates, any reference in this section to his detention or to his release shall be construed in accordance with section 14E(7).”
59 The Children Act 1989 is amended as follows.
60 (1) Section 68 (persons disqualified from being foster parents) is amended as follows.
(2) In subsection (2)(d), the words “a probation order has been made in respect of him or he has been” are omitted.
(3) After subsection (2) there is inserted—
“(2A) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d).”
61 (1) In Schedule 9A (child minding and day care for young children), paragraph 4 is amended as follows.
(2) In sub-paragraph (2)(g), the words “placed on probation or” are omitted.
(3) At the end there is inserted—
“(7) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this paragraph.”.
62 The Criminal Justice Act 1991 is amended as follows.
63 Section 65 (supervision of young offenders after release) is omitted.
64 (1) Schedule 3 (reciprocal enforcement of certain orders) is amended as follows.
(2) In paragraph 10(3)(d), for the words from “paragraph 3 of Schedule 2” onwards there is substituted “section 201 of the Criminal Justice Act 2003”.
(3) In paragraph 11(2) —
(a) in paragraph (a)—
(i) for “probation order” there is substituted “community order”, and
(ii) after “England and Wales” there is inserted “under section 177 of the Criminal Justice Act 2003”, and
(b) for paragraph (b) there is substituted—
“(b) the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly.”.
(4) In paragraph 11(3), for paragraphs (a) and (b) there is substituted—
“(a) the requirements of Part 12 of the Criminal Justice Act 2003 relating to community orders (within the meaning of that Part);
(b) the powers of the home court under Schedule 8 to that Act, as modified by this paragraph; and”.
(5) In paragraph 11(4), for the words from “probation order made by a court” onwards there is substituted “community order made by a court in England and Wales under section 177 of the Criminal Justice Act 2003, except a power conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to that Act”.
(6) In paragraph 11(5), for “the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “Part 12 of the Criminal Justice Act 2003”.
65 In section 1 of the Aggravated Vehicle-Taking Act 1992 (new offence of aggravated vehicle taking), in subsection (2)(a), for “section 127 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “section 163 of the Criminal Justice Act 2003”.
66 In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland)—
(a) in subsection (1)—
(i) in paragraph (a), sub-paragraph (i), and the succeeding “or”, are omitted, and
(ii) after paragraph (a)(ii) there is inserted “or
(iii) subsections (5) to (8) of section 28 (early release of life prisoners to whom that section applies) of the Crime (Sentences) Act 1997 (c. 43) (in this section, the “1997 Act”) apply by virtue of an order made under section 28(2)(b) of that Act (while that provision was in force) or an order made under section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003;”, and
(iii) for “28(2)(b) or 82A(2) or paragraph” there is substituted “82A(2), 28(2)(b) or 269(2) or paragraph 3(1)(a) or”;
(b) after subsection (1) there is inserted—
“(1AA) This Part of this Act, except section 2(9), applies also to a transferred life prisoner—
(a) who is transferred from England and Wales on or after the date on which section 269 of the Criminal Justice Act 2003 comes into force,
(b) in relation to whom paragraph 3 of Schedule 22 to that Act applies by virtue of paragraph 2(a) of that Schedule, but
(c) in respect of whom, under the paragraph so applying, no order has been made,
as if the prisoner were a life prisoner within the meaning of section 2 of this Act and the punishment part of his sentence within the meaning of that section were the notified minimum term defined by paragraph 3(4) of that Schedule.”; and
(c) in subsection (5)(b)—
(i) for “the Crime (Sentences) Act 1997” there is substituted “the 1997 Act”, and
(ii) after the words “Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” there is inserted “section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003,”.
67 In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences), in paragraph (c) of the definition of “conviction” in subsection (5)—
(a) the words “placing the offender on probation or” are omitted, and
(b) for “him” there is substituted “the offender”.
68 (1) In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), paragraph 3 is amended as follows.
(2) In sub-paragraph (2)(a), for “exceeding three months” there is substituted “of 12 months or more or, before the commencement of section 181 of the Criminal Justice Act 2003, a term exceeding 3 months”.
(3) In sub-paragraph (2)(c), for “community service order” there is substituted “community order”.
(4) For sub-paragraph (3)(b), there is substituted—
“(b) “community order” means a community order under section 177 of the Criminal Justice Act 2003, a community punishment order made under section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 or a community service order under the Community Service by Offenders (Scotland) Act 1978.”.
69 The Criminal Procedure (Scotland) Act 1995 is amended as follows.
70 (1) Section 234 (probation orders: persons residing in England and Wales) is amended as follows.
(2) In subsection (1), the words after paragraph (b) are omitted.
(3) For subsection (2) there is substituted—
Criminal Justice Act 2003