Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(The document as of February, 2008)

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(2) Sub-paragraph (1) above has effect subject to paragraph 6 below.

(3) Where an application under sub-paragraph (1) above for the revocation of an action plan order or reparation order is dismissed, no further application for its revocation shall be made under that sub-paragraph by any person except with the consent of the appropriate court.

Presence of offender in court, remands etc.

6 (1) Where the responsible officer makes an application under paragraph 2(1) or 5(1) above to the appropriate court he may bring the offender before the court; and, subject to sub-paragraph (9) below, a court shall not make an order under paragraph 2 or 5(1) above unless the offender is present before the court.

(2) Without prejudice to any power to issue a summons or warrant apart from this sub-paragraph, the court to which an application under paragraph 2(1) or 5(1) above is made may issue a summons or warrant for the purpose of securing the attendance of the offender before it.

(3) Subsections (3) and (4) of section 55 of the [1980 c. 43.] Magistrates' Courts Act 1980 (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under sub-paragraph (2) above as they apply to a warrant under that section, but as if in subsection (3) after the word "summons" there were inserted the words "cannot be served or".

(4) Where the offender is arrested in pursuance of a warrant issued by virtue of sub-paragraph (2) above and cannot be brought immediately before the appropriate court, the person in whose custody he is--

(a) may make arrangements for his detention in a place of safety for a period of not more than 72 hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

(b) shall within that period bring him before a youth court;

and in paragraph (a) above "place of safety" has the same meaning as in the [1933 c. 12.] Children and Young Persons Act 1933.

(5) Where an offender is under sub-paragraph (4)(b) above brought before a youth court other than the appropriate court, the youth court may--

(a) direct that he be released forthwith; or

(b) subject to sub-paragraph (7) below, remand him to local authority accommodation.

(6) Subject to sub-paragraph (7) below, where an application is made to a court under paragraph 5(1) above, the court may remand (or further remand) the offender to local authority accommodation if--

(a) a warrant has been issued under sub-paragraph (2) above for the purpose of securing the attendance of the offender before the court; or

(b) the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under paragraph 5(1) above.

(7) Where the offender is aged 18 or over at the time when he is brought before a youth court other than the appropriate court under sub-paragraph (4)(b) above, or is aged 18 or over at a time when (apart from this sub-paragraph) the appropriate court could exercise its powers under sub-paragraph (6) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded--

(a) to a remand centre, if the court has been notified that such a centre is available for the reception of persons under this sub-paragraph; or

(b) to a prison, if it has not been so notified.

(8) A court remanding an offender to local authority accommodation under this paragraph shall designate, as the authority who are to receive him, the local authority for the area in which the offender resides or, where it appears to the court that he does not reside in the area of a local authority, the local authority--

(a) specified by the court; and

(b) in whose area the offence or an offence associated with it was committed.

(9) A court may make an order under paragraph 5(1) above in the absence of the offender if the effect of the order is confined to one or more of the following, that is to say--

(a) revoking the action plan order or reparation order;

(b) cancelling a requirement included in the action plan order or reparation order;

(d) changing the responsible officer.

Appeals

7 The offender may appeal to the Crown Court against--

(a) any order made under paragraph 2(2) or 5(1) above except an order made or which could have been made in his absence (by virtue of paragraph 6(9) above);

(b) the dismissal of an application under paragraph 5(1) above to revoke an action plan order or reparation order.

Section 165.

SCHEDULE 9 Consequential amendments

Children and Young Persons Act 1933 (c. 12)

1 In section 34 of the Children and Young Persons Act 1933 (attendance at court of parent of child or young person charged with an offence etc.), in subsection (7), for "section 11 of the Children and Young Persons Act 1969" there shall be substituted "section 163 of the Powers of Criminal Courts (Sentencing) Act 2000".

2 (1) Section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned) shall be amended as follows.

(2) In subsection (2)--

(a) for "section 15 or 16 of the Children and Young Persons Act 1969" there shall be substituted "Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "section 15 or 16 of that Act" there shall be substituted "Schedule 7 to that Act".

(3) In subsection (4A)--

(a) for "section 16(3) of the Criminal Justice Act 1982" there shall be substituted "section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "section 76(6)(b) of the Crime and Disorder Act 1998" there shall be substituted "section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000".

(4) In subsection (10), for "section 15 or 16 of the Children and Young Persons Act 1969" there shall be substituted "Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000".

(5) In subsection (11), in each of the definitions of "sexual offence" and "violent offence", for "section 31(1) of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

3 (1) Section 58 of the Children and Young Persons Act 1933 (power of Secretary of State to send certain young offenders to approved schools) shall be amended as follows.

(2) In the first paragraph (b), for the words "with respect to whom he is authorised to give directions under subsection (3) of section fifty-three of this Act" there shall be substituted "sentenced to be detained under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 with respect to whom he is authorised to give directions under section 92 of that Act".

(3) In the second paragraph (a), for "subsection (3)" there shall be substituted "section 91".

Prison Act 1952 (c. 52)

4 In section 13(2) of the Prison Act 1952 (legal custody of prisoner), for "or the Criminal Justice Act 1982" there shall be substituted "or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000".

5 (1) Section 43 of the Prison Act 1952 (institutions for young offenders) shall be amended as follows.

(2) In subsection (1)(d), for "section 73 of the Crime and Disorder Act 1998" there shall be substituted "section 100 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (7), for "section 12 of the Criminal Justice Act 1982" there shall be substituted "section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000".

6 In section 49(5) of the Prison Act 1952 (meaning of "secure accommodation" for purposes of section 49), for "section 75(7) of the Crime and Disorder Act 1998" there shall be substituted "section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000".

7 In section 53(1) of the Prison Act 1952 (interpretation), in the definition of "attendance centre", for "section 16 of the Criminal Justice Act 1982" there shall be substituted "section 62 of the Powers of Criminal Courts (Sentencing) Act 2000".

Army Act 1955 (c. 18)

8 In section 70(3A) of the Army Act 1955 (civil offences), for "section 2, 3 or 4 of the Crime (Sentences) Act 1997" there shall be substituted "section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000".

9 In section 71A(1A) of the Army Act 1955 (juveniles), for "section 2 of the Crime (Sentences) Act 1997" there shall be substituted "section 109 of the Powers of Criminal Courts (Sentencing) Act 2000".

10 In section 71AA(6)(a) of the Army Act 1955 (young service offenders: custodial orders) for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".

11 In section 71B(2) of the Army Act 1955 (maximum periods of imprisonment or detention for default in payment of fines), for "section 31(3A) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000".

12 In Schedule 5A to the Army Act 1955 (powers of court on trial of civilian), in paragraph 10(6)(a), for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".

Air Force Act 1955 (c. 19)

13 In section 70(3A) of the Air Force Act 1955 (civil offences), for "section 2, 3 or 4 of the Crime (Sentences) Act 1997" there shall be substituted "section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000".

14 In section 71A(1A) of the Air Force Act 1955 (juveniles), for "section 2 of the Crime (Sentences) Act 1997" there shall be substituted "section 109 of the Powers of Criminal Courts (Sentencing) Act 2000".

15 In section 71AA(6)(a) of the Air Force Act 1955 (young service offenders: custodial orders) for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".

16 In section 71B(2) of the Air Force Act 1955 (maximum periods of imprisonment or detention for default in payment of fines), for "section 31(3A) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000".

17 In Schedule 5A to the Air Force Act 1955 (powers of court on trial of civilian), in paragraph 10(6)(a), for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".

Naval Discipline Act 1957 (c. 53)

18 In section 42(1A) of the Naval Discipline Act 1957 (civil offences), for "section 2, 3 or 4 of the Crime (Sentences) Act 1997" there shall be substituted "section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000".

19 In section 43A(1A) of the Naval Discipline Act 1957 (juveniles), for "section 2 of the Crime (Sentences) Act 1997" there shall be substituted "section 109 of the Powers of Criminal Courts (Sentencing) Act 2000".

20 In section 43AA(6)(a) of the Naval Discipline Act 1957 (young service offenders: custodial orders) for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".

21 In section 43B(2) of the Naval Discipline Act 1957 (maximum periods of imprisonment or detention for default in payment of fines), for "section 31(3A) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000".

22 In Schedule 4A to the Naval Discipline Act 1957 (powers of court on trial of civilian), in paragraph 10(6)(a), for "section 1C of the Criminal Justice Act 1982" there shall be substituted "section 98 of the Powers of Criminal Courts (Sentencing) Act 2000".

Children and Young Persons Act 1963 (c. 37)

23 In section 16(3) of the Children and Young Persons Act 1963 (offences committed by children), for "Part I of the Crime (Sentences) Act 1997" there shall be substituted "Chapter III of Part V of the Powers of Criminal Courts (Sentencing) Act 2000".

Criminal Justice Act 1967 (c. 80)

24 In section 32(3) of the Criminal Justice Act 1967 (costs in criminal cases)--

(a) in paragraph (a), for "section 3 of the Powers of Criminal Courts Act 1973" there shall be substituted "paragraph 5 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) in paragraph (b), for "section 30 of the Magistrates' Courts Act 1980" there shall be substituted "section 11 of the Powers of Criminal Courts (Sentencing) Act 2000".

25 (1) Section 67 of the Criminal Justice Act 1967 (computation of sentences of imprisonment or detention passed in England and Wales) shall be amended as follows.

(2) In subsection (2), for "section 23 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 119 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (5), for "section 53(3) of the Children and Young Persons Act 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".

26 (1) In section 104 of the Criminal Justice Act 1967 (interpretation), subsection (1) shall continue to have effect with the amendment made by paragraph 26(a) of Schedule 5 to the Powers of Criminal Courts Act 1973, that is to say, with the substitution for the definition of "extended sentence certificate" of the following definition--

" "extended sentence certificate" means a certificate issued under section 28 of the Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section; " .

(2) In that subsection, for the definition of "suspended sentence" there shall be substituted the following definition--

" "suspended sentence" means a sentence to which an order under section 118(1) of the Powers of Criminal Courts (Sentencing) Act 2000 relates. "

27 In section 106(2) of the Criminal Justice Act 1967 (extent to Scotland), in paragraph (b), for the words from the beginning to "102" there shall be substituted "section 102".

Criminal Appeal Act 1968 (c. 19)

28 (1) Section 10 of the Criminal Appeal Act 1968 (appeal against sentence in cases dealt with by Crown Court otherwise than on conviction on indictment) shall be amended as follows.

(2) In subsection (2)(b), for "Part I of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (3)--

(a) in paragraph (c)(iii), for "section 23 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 119 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) in paragraph (cc), for "section 40(2) or (3A) of the Criminal Justice Act 1991" there shall be substituted "section 116(2) or (4) of the Powers of Criminal Courts (Sentencing) Act 2000".

29 In section 11(4) of the Criminal Appeal Act 1968 (supplementary provision as to appeal against sentence), for the words from "section 23(1)" to "partly" there shall be substituted "section 119(1) of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of a".

30 In section 50(1A) of the Criminal Appeal Act 1968 (right of appeal where offender discharged), for "Section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".

Firearms Act 1968 (c. 27)

31 In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), in subsection (2A)(c), for "section 77 of the Crime and Disorder Act 1998" there shall be substituted "section 104 of the Powers of Criminal Courts (Sentencing) Act 2000".

Health Services and Public Health Act 1968 (c. 46)

32 In section 64 of the Health Services and Public Health Act 1968 (financial assistance by Secretary of State to certain voluntary organisations), at the end of subsection (3)(a) there shall be inserted the following sub-paragraph--

" (xxi) sections 63 to 66 and 92 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000; " .

33 In section 65 of the Health Services and Public Health Act 1968 (financial and other assistance by local authorities to certain voluntary organisations), at the end of subsection (3)(b) there shall be inserted the following sub-paragraph--

" (xxii) sections 63 to 66 of, and Schedules 6 and 7 to, the Powers of Criminal Courts (Sentencing) Act 2000; " .

Social Work (Scotland) Act 1968 (c. 49)

34 In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)--

(a) in the definition of "probation order", for "has the meaning assigned to it by section 2 of the Powers of Criminal Courts Act 1973" there shall be substituted "has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) in the definition of "supervision order", for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

Theft Act 1968 (c. 60)

35 In section 35(2) of the Theft Act 1968 (application of sections 27 and 28 to proceedings for offences committed before commencement of that Act), for "Sections 27 and 28 of this Act" there shall be substituted "Section 27 of this Act and section 148 of the Powers of Criminal Courts (Sentencing) Act 2000".

Civil Evidence Act 1968 (c. 64)

36 In section 11(5)(a) of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings), for "section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".

Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)

37 In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (convictions as evidence in civil proceedings), for "section 13 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".

Children and Young Persons Act 1969 (c. 54)

38 In section 23 of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation), in subsection (12), in the definition of "sexual offence" and "violent offence", for "Part I of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

39 In each of the following provisions of the Children and Young Persons Act 1969, namely--

(a) subsections (1) and (2) of section 25 (transfers between England or Wales and Northern Ireland), and

(b) subsections (1) and (2) of section 26 (transfers between England or Wales and the Channel Islands or Isle of Man),

for "residence requirement as mentioned in section 12AA of this Act" there shall be substituted "local authority residence requirement as mentioned in paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000".

40 In section 30(1) of the Children and Young Persons Act 1969 (detention of young offenders in community homes), for "section 53 of the Act of 1933" there shall be substituted "section 92 of the Powers of Criminal Courts (Sentencing) Act 2000".

41 (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall be amended as follows.

(2) In subsection (1A)--

(a) for "section 16(3) of this Act" there shall be substituted "paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000";

(b) for "section 12AA of this Act" there shall be substituted "paragraph 5 of Schedule 6 to that Act"; and

(3) In subsection (1C)--

(a) for "section 16(3) of this Act" there shall be substituted "paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "section 12AA, 16(3B) or" there shall be substituted "paragraph 5 of Schedule 6 to that Act, paragraph 7(8) of Schedule 7 to that Act or section".

42 In section 70(1) of the Children and Young Persons Act 1969 (interpretation), for the definitions of "supervision order", "supervised person" and "supervisor" there shall be substituted the following definition--

" "supervision order" has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000; " .

Administration of Justice Act 1970 (c. 31)

43 (1) Part I of Schedule 9 to the Administration of Justice Act 1970 (orders for costs, compensation etc. enforceable as on a summary conviction) shall be amended as follows.

(2) For paragraph 10 there shall be substituted the following paragraph--

" 10 Where under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 a court orders the payment of compensation. "

(3) In paragraph 12, for "section 55 of the Children and Young Persons Act 1933" there shall be substituted "section 137 of the Powers of Criminal Courts (Sentencing) Act 2000".

Attachment of Earnings Act 1971 (c. 32)

44 In section 3(3C) of the Attachment of Earnings Act 1971 (court's power to make order), for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000".

Consumer Credit Act 1974 (c. 39)

45 In section 119(2) of the Consumer Credit Act 1974 (unreasonable refusal to deliver pawn), for the words from "section 28" to "that section," there shall be substituted "section 148 of the Powers of Criminal Courts (Sentencing) Act 2000 (restitution orders)".

Solicitors Act 1974 (c. 47)

46 In section 43 of the Solicitors Act 1974 (control of employment of certain persons), in subsection (7), for the words from "under Part I" to "that Act," there shall be substituted "discharging a person absolutely or conditionally in respect of an offence shall, notwithstanding anything in section 14 of the Powers of Criminal Courts (Sentencing) Act 2000,".

Rehabilitation of Offenders Act 1974 (c. 53)

47 In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions), in subsection (4), for "section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".

48 (1) Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for particular sentences) shall be amended as follows.

(2) In subsection (1)(d)--

(a) after "life" there shall be inserted "under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "or for a term exceeding thirty months, passed under section 53 of the Children and Young Persons Act 1933" there shall be substituted "or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000".

(3) In subsection (2), in Table B, for "section 53 of the said Act of 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".

(4) In subsection (4B), as inserted by paragraph 6(3) of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999--

(a) for "Part I of the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000";

(b) for "section 8" there shall be substituted "section 23"; and

(5) In subsection (4C) as so inserted--

(a) for "the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000";

(b) for "section 8" there shall be substituted "section 23"; and

(6) In subsection (5)(e), for "any provision of the Children and Young Persons Act 1969" there shall be substituted "section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000".

(7) In subsection (6)(c), for "section 19 of the Criminal Justice Act 1948" there shall be substituted "section 60 of the Powers of Criminal Courts (Sentencing) Act 2000".

(8) In subsection (6A), for "section 73 of the Crime and Disorder Act 1998" there shall be substituted "section 100 of the Powers of Criminal Courts (Sentencing) Act 2000".

(9) In subsection (9)(b), for "section 53 of the said Act of 1933" there shall be substituted "section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".

(10) In subsection (10)--

(a) for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "the said Act of 1969" there shall be substituted "the Children and Young Persons Act 1969".

49 In section 7(2) of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in paragraph (d), for "the Children and Young Persons Act 1969" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

Bail Act 1976 (c. 63)

50 (1) Section 2 of the Bail Act 1976 (definitions) shall be amended as follows.

(2) In subsection (1)(c), for "section 30(1) of the Magistrates' Courts Act 1980" there shall be substituted "section 11(1) of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (2)--

(a) for the definition of "bail hostel" and "probation hostel" there shall be substituted the following definition--

" "bail hostel" means premises for the accommodation of persons remanded on bail, " ; and

(b) after the definition of "offence" there shall be inserted the following definition--

" "probation hostel" means premises for the accommodation of persons who may be required to reside there by a probation order, " .

51 In section 3 of the Bail Act 1976 (general provisions), in subsection (9), for "subsection (2) of section 30 of the Magistrates' Courts Act 1980" there shall be substituted "subsection (3) of section 11 of the Powers of Criminal Courts (Sentencing) Act 2000".

52 In section 4 of the Bail Act 1976 (general right to bail of accused person and others), in subsection (3), for "Part II of Schedule 2 to the Criminal Justice Act 1991 (breach of requirement of probation, community service, combination or curfew order)" there shall be substituted "Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain community orders)".

53 In section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail), in subsection (6A)(a)--

(a) after the words "in custody under" there shall be inserted "section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand for medical examination) or";

(b) at the end of sub-paragraph (ii) there shall be inserted "or"; and

" (iii) section 18 (initial procedure on information against adult for offence triable either way), " .

54 (1) Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) shall be amended as follows.

(2) In Part I, in paragraph 8(3)--

(a) for "section 30(2) of the Magistrates' Courts Act 1980" there shall be substituted "section 11(3) of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "the said section 30(2)" there shall be substituted "the said section 11(3)".

(3) In Part III, in paragraph 4, in the definition of "default", for "section 6 or 16 of the Powers of Criminal Courts Act 1973" there shall be substituted "Part II of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000".

Criminal Law Act 1977 (c. 45)

55 In section 3(1) of the Criminal Law Act 1977 (penalties for conspiracy), for "section 30(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 127 of the Powers of Criminal Courts (Sentencing) Act 2000".

56 In section 38A of the Criminal Law Act 1977 (execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine), in subsection (5), in the definition of "prison", for "section 12(10) of the Criminal Justice Act 1982" there shall be substituted "section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000".

57 In section 38B of the Criminal Law Act 1977 (further provision for execution of certain warrants of commitment), in subsection (5), in the definition of "prison", for "section 12(10) of the Criminal Justice Act 1982" there shall be substituted "section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000".

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

58 In section 5(2) of the Ancient Monuments and Archaeological Areas Act 1979 (execution of works for preservation of a scheduled monument by Secretary of State), for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000".

59 In section 29 of the Ancient Monuments and Archaeological Areas Act 1979 (compensation orders for damage to monuments under guardianship in England and Wales), for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the Powers of Criminal Courts (Sentencing) Act 2000".

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

60 In section 1(2) of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (exclusion orders), for "sections 1A and 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000".

Magistrates' Courts Act 1980 (c. 43)

61 In section 11(3) of the Magistrates' Courts Act 1980 (non-appearance of accused), for "section 23 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 119 of the Powers of Criminal Courts (Sentencing) Act 2000".

62 In section 17A(4) of the Magistrates' Courts Act 1980 (initial procedure: accused to indicate intention as to plea), for "section 38 below" there shall be substituted "section 3 of the Powers of Criminal Courts (Sentencing) Act 2000".

63 In section 20(2) of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable), for "section 38 below" there shall be substituted "section 3 of the Powers of Criminal Courts (Sentencing) Act 2000".

64 (1) Section 24 of the Magistrates' Courts Act 1980 (summary trial of information against child or young person for indictable offence) shall be amended as follows.

(2) In subsection (1)(a), for "subsection (2) of section 53 of the Children and Young Persons Act 1933" there shall be substituted "subsection (1) or (2) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (3), for "section 1(1) of the Criminal Justice Act 1982" there shall be substituted "section 89(1) of the said Act of 2000".

65 In section 33 of the Magistrates' Courts Act 1980 (maximum penalties on summary conviction in pursuance of section 22), in subsection (1)(b), for "section 38 below" there shall be substituted "section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (committal to Crown Court for sentence)".

66 In section 77(2) of the Magistrates' Courts Act 1980 (postponement of issue of warrant of commitment)--

(a) for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "17" there shall be substituted "18".

67 (1) Section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders) shall be amended as follows.

(2) In subsection (1), for "section 1 of the Criminal Justice Act 1982" there shall be substituted "section 89 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (3), for "section 17(1) of the Criminal Justice Act 1982" there shall be substituted "section 60(1) of the said Act of 2000".

(4) in subsection (8), for "section 35 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 130 of the said Act of 2000".

68 In section 88(4) of the Magistrates' Courts Act 1980 (supervision pending payment), for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".

69 In section 91(3) of the Magistrates' Courts Act 1980 (transfer of fines from Scotland or Northern Ireland), for "section 32(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000".

70 In section 96A of the Magistrates' Courts Act 1980 (application of Part III to persons aged 18 to 20), for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".

71 In section 108(1A) of the Magistrates' Courts Act 1980 (right of appeal where offender absolutely or conditionally discharged), for "Section 1C of the Powers of Criminal Courts Act 1973" there shall be substituted "Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000".

72 In section 113 of the Magistrates' Courts Act 1980 (bail on appeal or case stated), in subsection (3), for "or 38 above" there shall be substituted "above or section 3 of the Powers of Criminal Courts (Sentencing) Act 2000".

73 In section 125(4)(c) of the Magistrates' Courts Act 1980 (warrants which constable may execute when not in his possession), as amended by paragraph 8 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999, in sub-paragraph (v), for "the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

74 In section 126 of the Magistrates' Courts Act 1980 (execution of certain warrants in Channel Islands and Isle of Man), as amended by paragraph 9 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999, in paragraph (f), for "the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

75 In section 128(6) of the Magistrates' Courts Act 1980 (remand in custody or on bail), for "or 30 above" there shall be substituted "above or section 11 of the Powers of Criminal Courts (Sentencing) Act 2000".

76 In section 133(1) of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment and detention), for "Subject to section 102 of the Crime and Disorder Act 1998," there shall be substituted "Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act 2000,".

77 In section 135(3) of the Magistrates' Courts Act 1980 (detention of offender for one day in court-house or police station), for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".

78 In section 136(4) of the Magistrates' Courts Act 1980 (committal to custody overnight at police station), for "section 9 of the Criminal Justice Act 1982" there shall be substituted "section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".

79 In section 143(2) of the Magistrates' Courts Act 1980 (power to alter sums specified in certain provisions)--

(a) for paragraphs (cb) and (d) there shall be substituted the following paragraphs--

" (cb) section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on compensation order of magistrates' court);

(d) section 135 of that Act; (limit on fine imposed on young offender by magistrates' court); " ;

(b) in paragraph (j), for "section 31(3A) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(c) in paragraph (p), for "section 58(2) and (3) of the Criminal Justice Act 1991" there shall be substituted "section 150(2) and (3) of the Powers of Criminal Courts (Sentencing) Act 2000".

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