Criminal Justice Act 2003 (c. 44)

(The document as of February, 2008)

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(a) in the case of any relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and

(b) in the case of a relevant order which is not an order to which paragraph (a) above applies, before a magistrates' court acting for the petty sessions area concerned.

(3) Where a summons issued under sub-paragraph (1)(a) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a further summons requiring the offender to appear at the place and time specified in it.

(4) Where a summons issued under sub-paragraph (1)(a) above or a further summons issued under sub-paragraph (3) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a warrant for the arrest of the offender.

Powers of magistrates' court

4 (1) This paragraph applies if it is proved to the satisfaction of a magistrates' court before which an offender appears or is brought under paragraph 3 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order.

(2) The magistrates' court may deal with the offender in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)--

(a) by making a curfew order in respect of him (subject to paragraph 7 below);

(b) by making an attendance centre order in respect of him (subject to paragraph 8 below); or

(c) where the relevant order was made by a magistrates' court, by dealing with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(3) In dealing with an offender under sub-paragraph (2)(c) above, a magistrates' court--

(a) shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

(b) in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence (where the relevant order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2) of the Criminal Justice Act 2003.

(4) Where a magistrates' court deals with an offender under sub-paragraph (2)(c) above, it shall revoke the relevant order if it is still in force.

(5) Where a relevant order was made by the Crown Court and a magistrates' court has power to deal with the offender under sub-paragraph (2)(a) or (b) above, it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(6) A magistrates' court which deals with an offender's case under sub-paragraph (5) above shall send to the Crown Court--

(a) a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the relevant order in the respect specified in the certificate; and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

(7) A person sentenced under sub-paragraph (2)(c) above for an offence may appeal to the Crown Court against the sentence.

Powers of Crown Court

5 (1) This paragraph applies where under paragraph 3 or by virtue of paragraph 4(5) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of that court that he has failed without reasonable excuse to comply with any of the requirements of the relevant order.

(2) The Crown Court may deal with the offender in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)--

(a) by making a curfew order in respect of him (subject to paragraph 7 below);

(b) by making an attendance centre order in respect of him (subject to paragraph 8 below); or

(c) by dealing with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(3) In dealing with an offender under sub-paragraph (2)(c) above, the Crown Court--

(a) shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

(4) Where the Crown Court deals with an offender under sub-paragraph (2)(c) above, it shall revoke the relevant order if it is still in force.

(5) In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.

Exclusions from paragraphs 4 and 5

6 Without prejudice to paragraphs 10 and 11 below, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 4 or 5 in respect of a failure to comply with any requirement of the order.

Curfew orders imposed for breach of relevant order

7 (1) Section 37 of this Act (curfew orders) shall apply for the purposes of paragraphs 4(2)(a) and 5(2)(a) above as if for the words from the beginning to "make" there were substituted "Where a court has power to deal with an offender under Part 2 of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may make in respect of the offender".

(2) The following provisions of this Act, namely--

(a) section 37(3) to (12), and

(b) so far as applicable, sections 36B and 40 and this Schedule so far as relating to curfew orders;

have effect in relation to a curfew order made by virtue of paragraphs 4(2)(a) and 5(2)(a) as they have effect in relation to any other curfew order, subject to sub-paragraph (3) below.

(3) This Schedule shall have effect in relation to such a curfew order as if--

(a) the power conferred on the court by each of paragraphs 4(2)(c), 5(2)(c) and 10(3)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with the relevant order, in any way in which the appropriate court could deal with him for that failure if it had just been proved to the satisfaction of the court;

(b) the reference in paragraph 10(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and

(c) the power conferred on the Crown Court by paragraph 11(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with the relevant order, in any way in which the appropriate court (if the relevant order was made by the magistrates' court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure if it had just been proved to its satisfaction.

(4) For the purposes of the provisions mentioned in paragraphs (a) and (c) of sub-paragraph (3) above, as applied by that sub-paragraph, if the relevant order is no longer in force the appropriate court's powers shall be determined on the assumption that it is still in force.

(5) Sections 148 and 156 of the Criminal Justice Act 2003 (restrictions and procedural requirements for community sentences) do not apply in relation to a curfew order made by virtue of paragraph 4(2)(a) or 5(2)(a) above.

Attendance centre orders imposed for breach of relevant order

8 (1) Section 60(1) of this Act (attendance centre orders) shall apply for the purposes of paragraphs 4(2)(b) and 5(2)(b) above as if for the words from the beginning to "the court may," there were substituted "Where a court has power to deal with an offender under Part 2 of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may,".

(2) The following provisions of this Act, namely--

(a) subsections (3) to (11) of section 60, and

(b) so far as applicable, section 36B and Schedule 5,

have effect in relation to an attendance centre order made by virtue of paragraph 4(2)(b) or 5(2)(b) above as they have effect in relation to any other attendance centre order, but as if there were omitted from each of paragraphs 2(1)(b), 3(1) and 4(3) of Schedule 5 the words ", for the offence in respect of which the order was made," and "for that offence".

(3) Sections 148 and 156 of the Criminal Justice Act 2003 (restrictions and procedural requirements for community sentences) do not apply in relation to an attendance centre order made by virtue of paragraph 4(2)(b) or 5(2)(b) above.

Supplementary

9 Any exercise by a court of its powers under paragraph 4(2)(a) or (b) or 5(2)(a) or (b) above shall be without prejudice to the continuance of the relevant order.

Part 3 Revocation of order

Revocation of order with or without re-sentencing: powers of magistrates' court

10 (1) This paragraph applies where a relevant order made by a magistrates' court is in force in respect of any offender and on the application of the offender or the responsible officer it appears to the appropriate magistrates' court that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice--

(a) for the order to be revoked; or

(b) for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2) In this paragraph "the appropriate magistrates' court" means a magistrates' court acting for the petty sessions area concerned.

(3) The appropriate magistrates' court may--

(a) revoke the order; or

(b) both--

(i) revoke the order; and

(ii) deal with the offender for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(4) In dealing with an offender under sub-paragraph (3)(b) above, a magistrates' court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

(5) A person sentenced under sub-paragraph (3)(b) above for an offence may appeal to the Crown Court against the sentence.

(6) Where a magistrates' court proposes to exercise its powers under this paragraph otherwise than on the application of the offender, it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

(7) No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.

Revocation of order with or without re-sentencing: powers of Crown Court on conviction etc.

11 (1) This paragraph applies where--

(a) a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made; or

(b) an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates' court to the Crown Court for sentence, is brought or appears before the Crown Court.

(2) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may--

(a) revoke the order; or

(b) both--

(i) revoke the order; and

(3) In dealing with an offender under sub-paragraph (2)(b) above, the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

Revocation following custodial sentence by magistrates' court unconnected with order

12 (1) This paragraph applies where--

(a) an offender in respect of whom a relevant order is in force is convicted of an offence by a magistrates' court unconnected with the order;

(b) the court imposes a custodial sentence on the offender; and

(c) it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to exercise its powers under this paragraph having regard to circumstances which have arisen since the order was made.

(2) In sub-paragraph (1) above "a magistrates' court unconnected with the order" means a magistrates' court not acting for the petty sessions area concerned.

(3) The court may--

(a) if the order was made by a magistrates' court, revoke it;

(b) if the order was made by the Crown Court, commit the offender in custody or release him on bail until he can be brought or appear before the Crown Court.

(4) Where the court deals with an offender's case under sub-paragraph (3)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

13 Where by virtue of paragraph 12(3)(b) above an offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the relevant order was made, the Crown Court may revoke the order.

Supplementary

14 (1) On the making under this Part of this Schedule of an order revoking a relevant order, the proper officer of the court shall forthwith give copies of the revoking order to the responsible officer.

(2) In sub-paragraph (1) above "proper officer" means--

(a) in relation to a magistrates' court, the justices' chief executive for the court; and

(b) in relation to the Crown Court, the appropriate officer.

(3) A responsible officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.

Part 4 Amendment of order

Amendment by reason of change of residence

15 (1) This paragraph applies where, at any time while a relevant order is in force in respect of an offender, a magistrates' court acting for the petty sessions area concerned is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area.

(2) Subject to sub-paragraph (3) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other petty sessions area for the area specified in the order or, in the case of a curfew order, a place in that other area for the place so specified.

(3) The court shall not amend under this paragraph a curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the petty sessions area concerned unless, in accordance with paragraph 16 below, it either--

(a) cancels those requirements; or

(b) substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.

Amendment of requirements of order

16 (1) Without prejudice to the provisions of paragraph 15 above but subject to the following provisions of this paragraph, a magistrates' court acting for the petty sessions area concerned may, on the application of an eligible person, by order amend a relevant order--

(a) by cancelling any of the requirements of the order; or

(b) by inserting in the order (either in addition to or in substitution for any of its requirements) any requirement which the court could include if it were then making the order.

(2) A magistrates' court shall not under sub-paragraph (1) above amend a curfew order by extending the curfew periods beyond the end of six months from the date of the original order.

(3) A magistrates' court shall not under sub-paragraph (1) above amend an exclusion order by extending the period for which the offender is prohibited from entering the place in question beyond the end of three months from the date of the original order.

(4) For the purposes of this paragraph the eligible persons are--

(a) the offender;

(b) the responsible officer; and

But an application under sub-paragraph (1) by a person such as is mentioned in paragraph (c) above must be for the cancellation of a requirement which was included in the order by virtue of his consent or for the purpose (or partly for the purpose) of protecting him from being approached by the offender, or for the insertion of a requirement which will, if inserted, be such a requirement.

Supplementary

17 No order may be made under paragraph 15 above, and no application may be made under paragraph 16 above, while an appeal against the relevant order is pending.

18 (1) Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court--

(a) shall summon him to appear before the court; and

(b) if he does not appear in answer to the summons, may issue a warrant for his arrest.

(2) This paragraph shall not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement, or to an order under paragraph 15 above substituting a new petty sessions area or a new place for the one specified in a relevant order.

19 (1) On the making under this Part of this Schedule of an order amending a relevant order, the justices' chief executive for the court shall forthwith--

(a) if the order amends the relevant order otherwise than by substituting, by virtue of paragraph 15 above, a new petty session area or a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;

(b) if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the chief executive to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated--

(i) copies of the amending order; and

(ii) such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order;

and in a case falling within paragraph (b) above the chief executive of the justices for that area shall give copies of the amending order to the responsible officer.

(2) A responsible officer to whom in accordance with sub-paragraph (1) above copies of an order are given shall give a copy to the offender and to the person in charge of any institution in which the offender is or was required by the order to reside. "

126 In Schedule 5 (breach, revocation and amendment of attendance centre orders)--

(a) in paragraph 1(1)(b), for "section 62(3) of this Act" there is substituted "section 222(1)(d) or (e) of the Criminal Justice Act 2003",

(b) in paragraph 2(5)(b), for "section 79(2) of this Act" there is substituted "section 152(2) of the Criminal Justice Act 2003", and

(c) in paragraph 3(3)(b), for "section 79(2) of this Act" there is substituted "section 152(2) of the Criminal Justice Act 2003".

127 In Schedule 6 (requirements which may be included in supervision orders)--

(a) in paragraph 2(7)(a), after the word "other" there is inserted "youth community order or any", and

(b) in paragraph 3(6)(a), for "community order" there is substituted "youth community order".

128 In Schedule 7 (breach, revocation and amendment of supervision orders)--

(a) in paragraph 3--

(i) in sub-paragraph (2), for "sub-paragraphs (4) and (5)" there is substituted "sub-paragraph (5)",

(ii) in sub-paragraph (3), for "Sections 35 and 36 of this Act" there is substituted "Sections 148 and 156 of the Criminal Justice Act 2003",

(iii) sub-paragraph (4) is omitted, and

(iv) in sub-paragraph (5)(a), for the words from the beginning to "and" there is substituted "the power conferred on the court by each of paragraphs 4(2)(c) and", and

(b) in paragraph 4(3), for "Sections 35 and 36 of this Act" there is substituted "Sections 148 and 156 of the Criminal Justice Act 2003".

129 In Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders)--

(a) in paragraph 3--

(i) in sub-paragraph (2), for "sub-paragraphs (4) and (5)" there is substituted "sub-paragraph (5)",

(ii) in sub-paragraph (3), for "Sections 35 and 36 of this Act" there is substituted "Sections 148 and 156 of the Criminal Justice Act 2003",

(iii) sub-paragraph (4) is omitted, and

(iv) in sub-paragraph (5)(a), for the words from the beginning to "and" there is substituted "The power conferred on the court by each of paragraphs 4(2)(c) and", and

(b) in paragraph 4(3), for "Sections 35 and 36 of this Act" there is substituted "Sections 148 and 156 of the Criminal Justice Act 2003".

Child Support, Pensions and Social Security Act 2000 (c. 19)

130 The Child Support, Pensions and Social Security Act 2000 is amended as follows.

131 (1) Section 62 (loss of benefit for breach of community order) is amended as follows.

(2) In subsection (8), for the definition of "relevant community order" there is substituted--

" "relevant community order" means--

(a) a community order made under section 177 of the Criminal Justice Act 2003; or

(b) any order falling in England or Wales to be treated as such an order. "

(3) In subsection (11)(c)(ii), for "to (e)" there is substituted "and (b)".

132 In section 64 (information provision), in subsection (6)(a), after "community orders" there is inserted "(as defined by section 177 of the Criminal Justice Act 2003)".

Criminal Justice and Court Services Act 2000 (c. 43)

133 The Criminal Justice and Court Services Act 2000 is amended as follows.

134 In section 1 (purposes of Chapter 1 of Part 1 of the Act), in subsection (2)--

(a) in paragraph (a), after "community orders" there is inserted "(as defined by section 177 of the Criminal Justice Act 2003)", and

(b) after paragraph (c) there is inserted--

" (d) giving effect to suspended sentence orders (as defined by section 189 of the Criminal Justice Act 2003). "

135 In section 42 (interpretation of Part 2), in subsection (2)(a), for "section 119 of the Powers of Criminal Court (Sentencing) Act 2000" there is substituted "paragraph 8(2)(a) or (b) of Schedule 12 of the Criminal Justice Act 2003".

136 (1) Section 62 (release on licence etc: conditions as to monitoring) is amended as follows.

(2) For subsection (3) there is substituted--

" (3) In relation to a prisoner released under section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 253 of that Act (curfew condition). "

(3) In subsection (5) after paragraph (e) there is inserted " , and

(f) a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003 " .

137 In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8), for paragraph (a) there is substituted--

" (a) murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003, " .

138 In section 70 (general interpretation), in subsection (5), for the words "any community order" there is substituted "a curfew order, an exclusion order, a community rehabilitation order, a community punishment order, a community punishment and rehabilitation order, a drug treatment and testing order, a drug abstinence order, an attendance centre order, a supervision order or an action plan order".

International Criminal Court Act 2001 (c. 17)

139 (1) Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), is amended as follows.

(2) In paragraph 2(1), for paragraph (d) there is substituted--

" (d) section 240 of the Criminal Justice Act 2003 (crediting of periods of remand in custody). "

(3) In paragraph 3(1), for "Part 2 of the Criminal Justice Act 1991" there is substituted "sections 244 to 264 of the Criminal Justice Act 2003".

Armed Forces Act 2001 (c. 19)

140 In section 30 of the Armed Forces Act 2001 (conditional release from custody), in subsection (6)(a) for "six months" there is substituted "the term specified in subsection (1)(a) of section 8 of the Armed Forces Act 1976 (powers of courts in relation to civilians)".

Proceeds of Crime Act 2002 (c. 29)

141 In section 38 of the Proceeds of Crime Act 2002 (provisions about imprisonment or detention), in subsection (4)(a), for "section 118(1) of the Sentencing Act" there is substituted "section 189(1) of the Criminal Justice Act 2003".

Sexual Offences Act 2003 (c. 42)

142 The Sexual Offences Act 2003 is amended as follows.

143 In section 131 (application of Part 2 to young offenders), after paragraph (j) there is inserted--

" (k) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003,

(l) an extended sentence under section 228 of that Act, " .

144 In section 133 (general interpretation), at the end of paragraph (a) of the definition of "community order" there is inserted "(as that Act had effect before the passing of the Criminal Justice Act 2003)".

Part 2 Offences: abolition of imprisonment and conversion to summary offence

Vagrancy Act 1824 (c. 83)

145 In section 3 of the Vagrancy Act 1824 (idle and disorderly persons), for the words from "subject to" to the end there is substituted "it shall be lawful for any justice of the peace to impose on such person (being thereof convicted before him by his own view, or by the confession of such person, or by the evidence on oath of one or more credible witnesses) a fine not exceeding level 3 on the standard scale".

146 (1) Section 4 of that Act (rogues and vagabonds) is amended as follows.

(2) In that section, for the words from "shall be" to the end there is substituted "commits an offence under this section".

(3) At the end of that section (which becomes subsection (1)) there is inserted--

" (2) It shall be lawful for any justice of the peace to impose on any person who commits an offence under this section (being thereof convicted before him by the confession of such person, or by the evidence on oath of one or more credible witnesses)--

(a) in the case of a person convicted of the offence of wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, and not giving a good account of himself, a fine not exceeding level 1 on the standard scale, and

(b) in the case of a person convicted of any other offence under this section, a fine not exceeding level 3 on the standard scale. "

London Hackney Carriages Act 1843 (c. 86)

147 In section 28 of the London Hackney Carriages Act 1843, after "for every such offence", there is inserted "of which he is convicted before the justice".

Town Police Clauses Act 1847 (c. 89)

148 In section 26 of the Town Police Clauses Act 1847, for the words from "committed by them" to the end, there is substituted "liable to a fine not exceeding level 3 on the standard scale".

149 In section 28 of that Act, after "for each offence", there is inserted "of which he is convicted before the justice".

150 In section 29 of that Act, after "for every such offence", there is inserted "of which he is convicted before the justice".

151 In section 36 of that Act, after "liable", there is inserted "on conviction before the justices".

Seamen's and Soldiers' False Characters Act 1906 (c. 5)

152 In section 1 of the Seamen's and Soldiers' False Characters Act 1906, for "imprisonment for a term not exceeding three months" there is substituted "a fine not exceeding level 2 on the standard scale".

Aliens Restriction (Amendment) Act 1919 (c. 92)

153 In section 3(2) of the Aliens Restriction (Amendment) Act 1919, for "imprisonment for a term not exceeding three months" there is substituted "a fine not exceeding level 3 on the standard scale".

Polish Resettlement Act 1947 (c. 19)

154 In the Schedule to the Polish Resettlement Act 1947, in paragraph 7, for "imprisonment for a term not exceeding three months" there is substituted "a fine not exceeding level 1 on the standard scale".

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

155 In section 61 of the Army Act 1955, for the words from "the like" to "section nineteen of this Act" there is substituted "dismissal from Her Majesty's service with or without disgrace, to detention for a term not exceeding three months,".

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

156 In section 61 of the Air Force Act 1955, for the words from "the like" to "section nineteen of this Act" there is substituted "dismissal from Her Majesty's service with or without disgrace, to detention for a term not exceeding three months,".

Naval Discipline Act 1957 (c. 53)

157 In section 34A of the Naval Discipline Act 1957, for the words "imprisonment for a term not exceeding three months" there is substituted "dismissal from Her Majesty's service with or without disgrace, detention for a term not exceeding three months,".

Slaughterhouses Act 1974 (c. 3)

158 In section 4 of the Slaughterhouses Act 1974, after subsection (5) there is inserted--

" (5A) A person guilty of an offence under subsection (5) above shall be liable to a fine not exceeding level 3 on the standard scale. "

Water Industry Act 1991 (c. 56)

159 In Schedule 6 to the Water Industry Act 1991, in paragraph 5(4), for paragraphs (a) and (b) there is substituted ", on summary conviction, to a fine not exceeding level 5 on the standard scale".

Water Resources Act 1991 (c. 57)

160 In section 205(6) of the Water Resources Act 1991, for paragraphs (a) and (b) there is substituted "on summary conviction to a fine not exceeding level 5 on the standard scale".

Transport Act 2000 (c. 38)

161 In section 82(4) of the Transport Act 2000, after "subsection (1)" there is inserted "or (2)".

Reserve Forces Act 1996 (c. 14)

162 In paragraph 5(3) of Schedule 1 to the Reserve Forces Act 1996, for the words "imprisonment for a term not exceeding three months" there is substituted "dismissal from Her Majesty's service with or without disgrace, to detention for a term not exceeding 3 months,".

Section 321

SCHEDULE 33 Jury service

1 The Juries Act 1974 (c. 23) is amended as follows.

2 For section 1 (qualification for jury service) there is substituted--

" 1 Qualification for jury service

(1) Subject to the provisions of this Act, every person shall be qualified to serve as a juror in the Crown Court, the High Court and county courts and be liable accordingly to attend for jury service when summoned under this Act if--

(a) he is for the time being registered as a parliamentary or local government elector and is not less than eighteen nor more than seventy years of age;

(b) he has been ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man for any period of at least five years since attaining the age of thirteen;

(d) he is not disqualified for jury service.

(2) In subsection (1) above "mentally disordered person" means any person listed in Part 1 of Schedule 1 to this Act.

(3) The persons who are disqualified for jury service are those listed in Part 2 of that Schedule. "

3 Section 9(1) (certain persons entitled to be excused from jury service) shall cease to have effect.

4 In section 9(2) (discretionary excusal) after "may" there is inserted ", subject to section 9A(1A) of this Act,".

5 After section 9(2) (discretionary excusal) there is inserted--

" (2A) Without prejudice to subsection (2) above, the appropriate officer shall excuse a full-time serving member of Her Majesty's naval, military or air forces from attending in pursuance of a summons if--

(a) that member's commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty, and

(b) subsection (2A) or (2B) of section 9A of this Act applies.

(2B) Subsection (2A) above does not affect the application of subsection (2) above to a full-time serving member of Her Majesty's naval, military or air forces in a case where he is not entitled to be excused under subsection (2A). "

6 In section 9(3) (discretionary excusal) after "above" there is inserted "or any failure by the appropriate officer to excuse him as required by subsection (2A) above".

7 In section 9A(1) (discretionary deferral) after "may" there is inserted ", subject to subsection (2) below,".

8 After section 9A(1) (discretionary deferral) there is inserted--

" (1A) Without prejudice to subsection (1) above and subject to subsection (2) below, the appropriate officer--

(a) shall defer the attendance of a full-time serving member of Her Majesty's naval, military or air forces in pursuance of a summons if subsection (1B) below applies, and

(b) for this purpose, shall vary the dates upon which that member is summoned to attend and the summons shall have effect accordingly.

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