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

(The document as of February, 2008)

-- Back --

Page 16

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

(2) In subsection (1), for "section 31(1) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(1) of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (2)--

(a) for "section 31 of the 1973 Act" there shall be substituted "section 139 of the 2000 Act"; and

(b) for "subsection (3A)" there shall be substituted "subsection (4)".

168 (1) Section 15 of the Drug Trafficking Act 1994 (revised assessment of proceeds of drug trafficking) shall be amended as follows.

(2) In subsection (13), for "section 31(2) of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139(2) of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (14), for "section 31(3A) of the 1973 Act" there shall be substituted "section 139(4) of the 2000 Act".

169 In section 16(4) of the Drug Trafficking Act 1994 (increase in realisable property)--

(a) for "section 31 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "subsection (3A)" there shall be substituted "subsection (4)".

170 In section 17(4) of the Drug Trafficking Act 1994 (inadequacy of realisable property), for "section 31 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 139 of the Powers of Criminal Courts (Sentencing) Act 2000".

171 (1) Section 19 of the Drug Trafficking Act 1994 (powers of High Court where defendant has absconded or died) shall be amended as follows.

(2) In subsection (7)--

(a) for "the 1973 Act" there shall be substituted "the 2000 Act"; and

(b) for "section 32(1)(b)" there shall be substituted "section 140(1)(b)".

(3) In subsection (8), for "sections 31(1) and 32(1) of the 1973 Act" there shall be substituted "sections 139(1) and 140(1) of the 2000 Act".

172 In section 20(1) of the Drug Trafficking Act 1994 (effect of conviction where High Court has acted under section 19), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".

173 In section 21(5) of the Drug Trafficking Act 1994 (variation of confiscation orders made by virtue of section 19), for "section 31(2) of the Powers of Criminal Courts Act 1973" there shall be substituted "subsection (2) of section 139 of the Powers of Criminal Courts (Sentencing) Act 2000".

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

174 In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), in paragraph 3(3), for "section 14 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 46 of the Powers of Criminal Courts (Sentencing) Act 2000".

Children (Scotland) Act 1995 (c. 36)

175 In section 33 of the Children (Scotland) Act 1995 (effect of orders etc. made in different parts of the United Kingdom), in subsection (5)(b), after "the Children and Young Persons Act 1969" there shall be inserted "or sections 63 to 67 of and Schedules 6 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000".

Criminal Procedure (Scotland) Act 1995 (c. 46)

176 (1) Section 234 of the Criminal Procedure (Scotland) Act 1995 (probation orders: persons residing in England and Wales) shall be amended as follows.

(2) In subsection (2)--

(a) for "Schedule 1A to the 1973 Act" there shall be substituted "Schedule 2 to the 2000 Act"; and

(b) for "3(3)(a)" there shall be substituted "3(4)(a)".

(3) In subsection (4)--

(a) for "Schedule 1A to the 1973 Act" there shall be substituted "Schedule 2 to the 2000 Act"; and

(b) for "Schedule 1A", in the second place where it occurs, there shall be substituted "Schedule 2".

(4) In subsection (5)--

(a) for "Schedule 2 to the 1991 Act" there shall be substituted "Schedule 3 to the 2000 Act";

(b) for "section 2 of the 1973 Act" there shall be substituted "section 41 of that Act"; and

(5) In subsection (6)--

(a) for "Schedule 2 to the 1991 Act" there shall be substituted "Schedule 3 to the 2000 Act";

(b) for "sub-paragraphs (3) and (4) of paragraph 3" there shall be substituted "sub-paragraphs (4) and (5) of paragraph 4"; and

(6) In subsection (10)--

(a) for "section 10 of the 1973 Act" there shall be substituted "paragraph 6 of Schedule 4 to the 2000 Act";

(b) for "that section" there shall be substituted "that Schedule"; and

(7) For subsection (11) there shall be substituted the following subsection--

" (11) In this section "the 2000 Act" means the Powers of Criminal Courts (Sentencing) Act 2000. "

177 (1) Section 242 of the Criminal Procedure (Scotland) Act 1995 (community service orders: persons residing in England and Wales) shall be amended as follows.

(2) In subsection (1), in the paragraph (d) treated as substituted in section 238(2) of that Act, for "section 14 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 46 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (2), for "section 14 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 46 of the Powers of Criminal Courts (Sentencing) Act 2000".

(4) In subsection (3), for "relevant officers by the Powers of Criminal Courts Act 1973" there shall be substituted "responsible officers by the Powers of Criminal Courts (Sentencing) Act 2000".

178 In section 244 of the Criminal Procedure (Scotland) Act 1995 (community service orders: general provisions relating to persons living in England and Wales or Northern Ireland), in subsection (6)(b), for "relevant officer under the Powers of Criminal Courts Act 1973" there shall be substituted "responsible officer under the Powers of Criminal Courts (Sentencing) Act 2000".

London Local Authorities Act 1995 (c. x)

179 In section 26(1) of the London Local Authorities Act 1995 (powers of seizure), for "section 43 of the Powers of Criminal Courts Act 1973" there shall be substituted "section 143 of the Powers of Criminal Courts (Sentencing) Act 2000".

Criminal Evidence (Amendment) Act 1997 (c. 17)

180 In section 1(6) of the Criminal Evidence (Amendment) Act 1997 (meaning of references to person serving sentence of imprisonment), for "section 53 of the Children and Young Persons Act 1933" there shall be substituted "section 92 of the Powers of Criminal Courts (Sentencing) Act 2000".

Social Security (Recovery of Benefits) Act 1997 (c. 27)

181 In Part I of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (exempted payments), in paragraph 2, 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".

Crime (Sentences) Act 1997 (c. 43)

182 (1) Section 28 of the Crime (Sentences) Act 1997 (duty to release certain life prisoners) shall be amended as follows.

(2) In subsection (3), for "section 9 above" there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In subsection (9), for "Part I of the 1991 Act" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

183 (1) Section 34 of the Crime (Sentences) Act 1997 (interpretation of Chapter II of Part II) shall be amended as follows.

(2) In subsection (2)--

(a) for "section 53 of the 1933 Act" there shall be substituted "section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "section 8 of the 1982 Act" there shall be substituted "section 93 or 94 of that Act".

(3) In subsection (3)--

(a) for "section 53 of the 1933 Act" there shall be substituted "section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000";

(b) for "section 8 of the 1982 Act" there shall be substituted "section 93 or 94 of that Act of 2000"; and

(c) for "those sections" there shall be substituted "section 71A of the Army Act 1955 and the Air Force Act 1955 and section 43A of the Naval Discipline Act 1957".

184 (1) Section 35 of the Crime (Sentences) Act 1997 (community orders for fine defaulters) shall be amended as follows.

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

(3) For subsections (4) and (5) there shall be substituted the following subsections--

" (4) Section 46(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders) shall apply for the purposes of subsection (2)(a) above as if for the words from the beginning to "make" there were substituted "Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender"; and--

(a) section 46(3) and (4) of that Act, and

(b) so far as applicable, the following provisions of section 46 of that Act and the other provisions of Part IV of that Act relating to community service orders,

have effect in relation to a community service order made by virtue of this section as they have effect in relation to any community service order made under that Act, subject to the exceptions in subsection (5) below.

(5) The following are the exceptions, namely--

(a) the reference in section 46(3)(a) of that Act to 40 hours shall be construed as a reference to 20 hours;

(b) section 46(8) of that Act shall not apply;

(c) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;

(d) paragraph 4(2)(a) and (3) of that Schedule shall not apply;

(e) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(f) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(g) paragraph 11(2)(b) of that Schedule shall not apply. "

(4) For subsections (7) and (8) there shall be substituted the following subsections--

" (7) Section 37(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (curfew orders) shall apply for the purposes of subsection (2)(b) above as if for the words from the beginning to "make" there were substituted "Where section 35(2) of the Crime (Sentences) Act 1997 applies, the court may make in respect of the offender"; and--

(a) section 37(3), (5) to (8) and (10) to (12) of that Act, and

(b) so far as applicable, the other provisions of Part IV of that Act relating to curfew orders,

have effect in relation to a curfew order made by virtue of this section as they have effect in relation to any curfew order made under that Act, subject to the exceptions in subsection (8) below.

(8) The following are the exceptions, namely--

(a) the power conferred by paragraph 4(1)(d) of Schedule 3 to that Act shall be construed as a power to revoke the order or deal with the person in respect of whom the order was made for his default in paying the sum in question or do both of those things;

(b) paragraph 4(2)(a) and (3) of that Schedule shall not apply;

(c) the reference in paragraph 10(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(d) the power conferred by paragraph 10(3)(b) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(e) paragraph 11(2)(b) of that Schedule shall not apply. "

(5) After subsection (12) there shall be inserted the following subsection--

" (12A) Sections 35 and 36 of the Powers of Criminal Courts (Sentencing) Act 2000 (restrictions and procedural requirements for community sentences) do not apply in relation to an order under subsection (2)(a) or (b) above. "

185 (1) Section 40 of the Crime (Sentences) Act 1997 (driving disqualifications for fine defaulters) shall be amended as follows.

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

(3) For subsection (6) there shall be substituted the following subsections--

" (6) A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce any such licence held by him together with its counterpart.

(7) In this section--

"driving licence" means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988;
"counterpart", in relation to a driving licence, has the meaning given in relation to such a licence by section 108(1) of that Act. "

186 (1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British islands) shall be amended as follows.

(2) In paragraph 6(3)(aa), 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".

(3) In paragraph 8--

(a) in sub-paragraph (2), for "sections 75 to 77 of the Crime and Disorder Act 1998" there shall be substituted "sections 86 and 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000";

(b) in sub-paragraph (4), for "sections 76 and 77 of the Crime and Disorder Act 1998" there shall be substituted "sections 86, 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(c) in sub-paragraph (6), for "section 9 of this Act" there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

(4) In paragraph 9--

(a) in sub-paragraph (2), for "sections 75 to 77 of the Crime and Disorder Act 1998" there shall be substituted "sections 86, 102 to 104, 116 and 117 of the Powers of Criminal Courts (Sentencing) Act 2000";

(b) in sub-paragraph (4), for "sections 76 and 77 of the Crime and Disorder Act 1998" there shall be substituted "sections 86, 103, 104, 116 and 117 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(c) in sub-paragraph (7), for "section 9 of this Act" there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

(5) In paragraph 20(1), in the definition of "sentence of imprisonment", for "section 8 of the 1982 Act" there shall be substituted "section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000".

187 (1) Schedule 4 to the Crime (Sentences) Act 1997 (minor and consequential amendments) shall be amended as follows.

(2) In paragraph 6(2), in the words to be substituted in paragraph 2(4) of Schedule 2 to the [1968 c. 19.] Criminal Appeal Act 1968, for "Section 9 of the Crime (Sentences) Act 1997" there shall be substituted "Section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In paragraph 7, for the words to be substituted in section 7(4) of the [1971 c. 77.] Immigration Act 1971 (that is to say, the words "section 9 of the Crime (Sentences) Act 1997") there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

(4) In paragraph 14, for the words to be substituted in paragraph 9(5) of Schedule 2 to the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989, (that is to say, the words "section 9 of the Crime (Sentences) Act 1997") there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

(5) In paragraph 15(10), for "that Act" there shall be substituted "the 1991 Act".

188 In Schedule 5 to the Crime (Sentences) Act 1997 (transitional provisions and savings), in paragraph 5(1)--

(a) for "section 9 of this Act" there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) for "section 9 above" there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

Sex Offenders Act 1997 (c. 51)

189 In section 4(1) of the Sex Offenders Act 1997 (young sex offenders)--

(a) in paragraph (f), for "section 53 of the Children and Young Persons Act 1933" there shall be substituted "section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000"; and

(b) in paragraph (g), for "section 8 of the Criminal Justice Act 1982" there shall be substituted "section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000".

190 In section 6(1) of the Sex Offenders Act 1997 (interpretation of Part I), in the definition of "community order", for "Part I of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

Data Protection Act 1998 (c. 29)

191 In section 56 of the Data Protection Act 1998 (prohibition of requirement as to production of certain records), in the Table in subsection (6), in the second column of the entry numbered 2, for "section 53 of the Children and Young Persons Act 1933" there shall be substituted "section 92 of the Powers of Criminal Courts (Sentencing) Act 2000".

Crime and Disorder Act 1998 (c. 37)

192 In section 1 of the Crime and Disorder Act 1998 (anti-social behaviour orders), in subsection (11), for the words from "section 1A" to "Act")" there shall be substituted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".

193 In section 2 of the Crime and Disorder Act 1998 (sex offender orders), in subsection (9), for "section 1A of the 1973 Act" there shall be substituted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".

194 In section 8(2) of the Crime and Disorder Act 1998 (power to make parenting orders), as amended by paragraph 26 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999, for the words from "and to section 4(5) of" to "1999" there shall be substituted "and to section 19(5) of, and paragraph 13(5) of Schedule 1 to, the Powers of Criminal Courts (Sentencing) Act 2000".

195 In section 9(1A) of the Crime and Disorder Act 1998 (parenting orders: supplementary), as inserted by paragraph 27 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999, for the words from "section 4(5) of" onwards there shall be substituted "section 19(5) of, and paragraph 13(5) of Schedule 1 to, the Powers of Criminal Courts (Sentencing) Act 2000".

196 In section 18 of the Crime and Disorder Act 1998 (interpretation of Chapter I of Part I), for subsection (2) there shall be substituted the following subsection--

" (2) In this Chapter, "protecting the public from serious harm" shall be construed in accordance with section 161(4) of the Powers of Criminal Courts (Sentencing) Act 2000. "

197 In section 38(4) of the Crime and Disorder Act 1998 (meaning of "youth justice services")--

(a) in paragraph (j), for "section 75 below" there shall be substituted "section 102 of the Powers of Criminal Courts (Sentencing) Act 2000 (period of detention and training under detention and training orders)"; and

(b) in paragraph (k), as inserted by paragraph 28 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999, for "Part I of the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

198 In section 66 of the Crime and Disorder Act 1998 (effect of reprimands and warnings), in subsection (4), for "section 1A of the 1973 Act" there shall be substituted "section 12 of the Powers of Criminal Courts (Sentencing) Act 2000".

199 In section 114(3) of the Crime and Disorder Act 1998 (parliamentary procedure for certain orders), for the words from "38(5)," to "76(2)" there shall be substituted "38(5) or 41(6)".

200 In section 117(1) of the Crime and Disorder Act 1998 (general interpretation), in the definition of "custodial sentence", for "Part I of the 1991 Act" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

201 (1) Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons are sent for trial under section 51 of that Act) shall be amended as follows.

(2) In paragraph 10(2), for "section 38 of the 1980 Act" there shall be substituted "section 3 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In paragraph 13(2), for "subsection (2) of section 53 of the 1933 Act" there shall be substituted "subsection (1) or (2) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000".

202 (1) Schedule 8 to the Crime and Disorder Act 1998 (minor and consequential amendments) shall be amended as follows.

(2) In paragraph 86(1), in the subsection (1) to be substituted in section 41 of the [1991 c. 53.] Criminal Justice Act 1991, for "section 9 of the Crime (Sentences) Act 1997" there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

(3) In paragraph 90, in the subsection (2) to be substituted in section 47 of the [1991 c. 53.] Criminal Justice Act 1991, for "section 9 of the Crime (Sentences) Act 1997" there shall be substituted "section 87 of the Powers of Criminal Courts (Sentencing) Act 2000".

203 In Schedule 9 to the Crime and Disorder Act 1998 (transitional provisions and savings), in paragraph 14(2), for "section 40 of the 1991 Act" there shall be substituted "section 116 of the Powers of Criminal Courts (Sentencing) Act 2000".

Access to Justice Act 1999 (c. 22)

204 In section 96 of the Access to Justice Act 1999 (execution by person not in possession of warrant), in the section 125D to be inserted in the [1980 c. 43.] Magistrates' Courts Act 1980, in subsection (3)(f), for "the Youth Justice and Criminal Evidence Act 1999" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

Youth Justice and Criminal Evidence Act 1999 (c. 23)

205 In paragraph 3(9) of Schedule 2 to the Youth Justice and Criminal Evidence Act 1999 (reporting restrictions: miscellaneous amendments), in the subsection (13) to be inserted in section 49 of the [1933 c. 12.] Children and Young Persons Act 1933--

(a) in paragraph (c)(i), 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";

(b) in paragraph (c)(ii), 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"; and

(c) in paragraph (g), for "section 31(1) of the Criminal Justice Act 1991" there shall be substituted "the Powers of Criminal Courts (Sentencing) Act 2000".

Section 165.

SCHEDULE 10 Transitory modifications

Section 8

1 (1) This paragraph applies if paragraph 11 of Schedule 13 to the [1999 c. 22.] Access to Justice Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date section 8(4) and (10) of this Act shall each have effect as if for the words "justices' chief executive for" there were substituted "clerk of".

2 (1) This paragraph applies if paragraph 5 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the appointed day section 8 of this Act shall have effect as if the words from "the case" in subsection (6) to "but" in subsection (8) were omitted.

(3) In this paragraph "the appointed day" means--

(a) if before the commencement of this Act an order has been made appointing a day for the coming into force of paragraph 5 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999, the day so appointed;

(b) otherwise, such day as the Secretary of State may by order appoint.

Section 13

3 (1) This paragraph applies if paragraph 84 of Schedule 13 to the [1999 c. 22.] Access to Justice Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date section 13(5) of this Act shall have effect as if for the words "justices' chief executive" there were substituted "clerk of the court".

Sections 63 and 66 and Schedule 7

4 (1) This paragraph applies if paragraph 63 of Schedule 13 to the [1999 c. 22.] Access to Justice Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date--

(a) sections 63(8) and 66(5) and (10) of this Act, and

(b) paragraph 10 of Schedule 7 to this Act,

shall each have effect as if for the words "justices' chief executive" (wherever occurring) there were substituted "clerk to the justices".

Section 67

5 (1) This paragraph applies if the repeal made by Part V(2) of Schedule 15 to the [1999 c. 22.] Access to Justice Act 1999 of the definition of "petty sessions area" in section 70(1) of the [1969 c. 54.] Children and Young Persons Act 1969 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date section 67(1) of this Act shall have effect as if after the definition of "local authority" there were inserted the following definition--

" "petty sessions area", in relation to a youth court constituted for the metropolitan area within the meaning of Part II of Schedule 2 to the [1963 c. 37.] Children and Young Persons Act 1963, means such a division of that area as is mentioned in paragraph 14 of that Schedule; " .

Section 69

6 (1) This paragraph applies if paragraph 30 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the appointed day section 69(5) of this Act shall have effect as if for the words ", a supervision order or a referral order" there were substituted "or a supervision order".

(3) In this paragraph "the appointed day" means--

(a) if before the commencement of this Act an order has been made appointing a day for the coming into force of paragraph 30 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999, the day so appointed;

(b) otherwise, such day as the Secretary of State may by order appoint.

Section 73

7 (1) This paragraph applies if paragraph 29 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the appointed day section 73(4) of this Act shall have effect as if for the words ", an action plan order or a referral order" there were substituted "or an action plan order".

(3) In this paragraph "the appointed day" means--

(a) if before the commencement of this Act an order has been made appointing a day for the coming into force of paragraph 29 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999, the day so appointed;

(b) otherwise, such day as the Secretary of State may by order appoint.

Section 83

8 (1) This paragraph applies if--

(a) paragraphs 9 and 25 of Schedule 4 to the [1999 c. 22.] Access to Justice Act 1999, and

(b) the repeals made by Part I of Schedule 15 to that Act in section 21 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 and section 3 of the [1982 c. 48.] Criminal Justice Act 1982,

have not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date section 83 of this Act shall have effect as if--

(a) for paragraph (a) of subsection (3) there were substituted the following paragraph--

" (a) he applied for legal aid and had his application refused on the ground that it did not appear his resources were such that he required assistance; or " ; and

(b) in paragraph (b) of that subsection, for the words "such representation" there were substituted "legal aid".

(3) If this paragraph applies, then until the relevant commencement date section 83 of this Act shall also have effect as if after subsection (4) there were inserted the following subsection--

" (4A) In this section "legal aid" means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to sentence; but in the case of a person committed to the Crown Court for sentence or trial or sent to that court for trial under section 51 of the [1998 c. 37.] Crime and Disorder Act 1998 it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed or set him. "

Sections 122 and 124

9 (1) This paragraph applies if paragraph 85 of Schedule 13 to the [1999 c. 22.] Access to Justice Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date sections 122(6) and 124(4) of this Act shall each have effect as if for the words "justices' chief executive" there were substituted "clerk to the justices".

Section 150

10 (1) This paragraph applies if paragraph 20 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the appointed day section 150(1) of this Act shall have effect as if the words from "but this subsection" onwards were omitted.

(3) In this paragraph "the appointed day" means--

(a) if before the commencement of this Act an order has been made appointing a day for the coming into force of paragraph 20 of Schedule 4 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999, the day so appointed;

(b) otherwise, such day as the Secretary of State may by order appoint.

Section 155

11 (1) This paragraph applies if paragraph 24 of Schedule 4 to the [1999 c. 22.] Access to Justice Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date section 155(8) of this Act shall have effect as if for the words "an order under section 17(2) of the Access to Justice Act 1999" there were substituted "a contribution order made under section 23 of the [1988 c. 34.] Legal Aid Act 1988".

Schedule 3

12 (1) This paragraph applies if paragraph 166 of Schedule 13 to the [1999 c. 22.] Access to Justice Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date Schedule 3 to this Act shall have effect as if--

(a) in paragraph 15(1), for the words "proper officer of" there were substituted "clerk to";

(b) paragraph 15(2) were omitted;

(c) in each of sub-paragraphs (1) and (2) of paragraph 25, for the words "justices' chief executive for the court" there were substituted "clerk to the court"; and

(d) in sub-paragraph (1) of that paragraph, for the words "chief executive to the justices" (in both places where they occur) there were substituted "clerk to the justices".

Schedule 5

13 (1) This paragraph applies if paragraph 123 of Schedule 13 to the [1999 c. 22.] Access to Justice Act 1999 has not come into force before the commencement of this Act.

(2) If this paragraph applies, then until the relevant commencement date Schedule 5 to this Act shall have effect as if--

(a) in paragraph 4(5), for the words "proper officer of" there were substituted "clerk to";

(b) paragraph 4(7) were omitted; and

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

-- Back --

Stat