§ 16B.—(1) The provisions of section 12 of the Criminal Justice Act 1991 (curfew orders) shall apply for the purposes of section 15(3)(a) of this Act but as if—
- (a) in subsection (1), for the words from the beginning to "before which he is convicted" there were substituted the words "Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of section 15(3)(a) of the Children and Young Persons Act 1969, the court"; and
- (b) in subsection (8), for the words "on conviction" there were substituted the words "on the date on which his failure to comply with a requirement included in the supervision order was proved to the court".
§ (2) Schedule 2 to the Criminal Justice Act 1991 (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that section but as if—
- (a) the power conferred on the magistrates' court by each of paragraphs 3(1)(d) and 7(2)(a)(ii) 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 a requirement included in the supervision order, in any manner in which the relevant court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;
- (b) the power conferred on the Crown Court by paragraph 4(1)(d) 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 such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;
- (c) the reference in paragraph 7(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
- (d) the power conferred on the Crown Court by paragraph 8(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 a requirement included in the supervision order, in any manner in which the relevant court (if that order was made by a magistrates' court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.
§ (3) For the purposes of the provisions mentioned in subsection (2)(a) and (d) above, as applied by that subsection, if the supervision order is no longer in force the relevant court's powers shall be determined on the assumption that it is still in force.
§ (4) In this section "relevant court" has the same meaning as in section 15 above."'.
§
No. 91, in page 137, line 35, after 'years' insert
'when the order is made'.
§
No. 92, in page 137, line 36, leave out from 'by' to end of line 37 and insert
'a local authority specified in the order.
( ) After that subsection there shall be inserted the following subsection—
(2A) The local authority specified as mentioned in subsection (2)(b) above shall be the local authority within whose area it appears to the court that the offender resides or will reside."'.
§ No. 93, in page 138, line 3, leave out 'After subsection (8)' and insert 'In subsection (4)'.
§
No. 94, in page 138, line 4, after 'orders)' insert
', for the words from "a probation officer" to the end there shall be substituted the following paragraphs—
(a) a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of Part IV of Schedule 2 to the Criminal Justice Act 1991);
(b) a person appointed for the purposes of those provisions by the probation committee for that area; or
(c) in the case of an offender under the age of 18 years when the order is made, a member of a youth offending team established by a local authority for the time being specified in the order (whether under this subsection or by virtue of that Part).
934
( ) After that subsection there shall be inserted the following subsection—
(4A) The local authority specified as mentioned in subsection (4)(c) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.
( ) After subsection (8) of that section'.
§ No. 95, in page 138, leave out lines 8 to 13.
§
No. 38, in page 138, line 13, at end insert—
' . In subsection (2) of section 21 of the 1973 Act (restriction on imposing sentences of imprisonment etc. on persons not legally represented)—
- (a) after the words "sentence or trial," there shall be inserted the words "or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998,"; and
- (b) for the words "which committed him" there shall be substituted the words "which committed or sent him".
. In subsection (1)(b) of section 32 of the 1973 Act (enforcement etc. of fines imposed and recognizances forfeited by Crown Court), after the words "or dealt with" there shall be inserted the words ", or by which he was sent to that Court for trial under section 51 of the Crime and Disorder Act 1998".'.
§
No. 39, in page 139, line 40, at end insert—
'36A. In subsection (4)(c) of section 125 of the 1980 Act (warrants)—
- (a) the word "and" at the end of sub-paragraph (ii) shall cease to have effect;
- (b) in sub-paragraph (iii), for the words "or 97 above" there shall be substituted the words ", 97 or 97A above; and"; and
- (c) after that sub-paragraph there shall be inserted the following sub-paragraph—
(iv) paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998.
36B. In section 126 of the 1980 Act (execution of certain warrants outside England and Wales)—
(a) the word "and" at the end of paragraph (c) shall cease to have effect;
(b) after that paragraph there shall be inserted the following paragraph—
(cc) warrants of arrest issued under section 97A above;"; and
(c) after paragraph (d) there shall be inserted the words "; and
(e) warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act I998."'.
§
No. 40, in page 140, line 11, at end insert—
' . In subsection (2) of section 1 of the 1982 Act (general restriction on custodial sentences), for the words from "remanded in custody" to the end there shall be substituted the following paragraphs—
§
No. 41, in page 140, line 30, at end insert—
'( ) In subsection (2) of that section—
§
No. 117, in page 144, line 20, leave out from 'prisons)' to end of line 21 and insert'—
(a) in subsection (7)—
(b) after that subsection there shall be inserted the following subsections—
(7AA) Additional days shall not be awarded under rules made under subsection (7) above in respect of a sentence where the prisoner has at any time been released on licence, in relation to that sentence, under Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and any reference to a sentence in such rules shall be construed in accordance with section 27(5) of that Act.'.
§
No. 96, in page 149, line 13, at beginning insert
'in the case of a person under the age of 18 years on his release,'.
§
No. 97, in page 149, line 46, at end insert—
'( ) After paragraph 12(4) of that Schedule there shall be inserted the following sub—paragraphs—
(5) Where—
the court shall further amend the order by substituting the other authority for the authority specified in the order.(6) In sub-paragraph (5) above "local authority" has the meaning given by section 42 of the Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section."'.
§
No. 118, in page 150, line 12, at end insert—
(In subsection (2) of that section at the end there shall be added the words "unless he has before that time been so released, in relation to that sentence, under any provision of this Act".'.
§
No. 119, in page 150, line 24, at end insert—
'. In section 5 of the 1993 Act (fine defaulters and persons in contempt of court)—
(4) Where a person has had imposed on him two or more terms of imprisonment or detention mentioned in subsection (1)(a) or (b) above, sections IA and 27(5) of this Act shall apply to those terms as if they were terms of imprisonment."
. In section 7 of the 1993 Act (children detained in solemn proceedings)—
(2A) This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention in a young offenders institution or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.
936
(2B) In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.
(2C) In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years—
(a) section 6 of this Act shall apply to him as if the single term were an equivalent sentence of detention in a young offenders institution, if that term is served in such an institution; and
(b) the provisions of this Act shall apply to him as if the single term were an equivalent sentence of imprisonment, if that term is served in a remand centre or a prison."; and
(c) after subsection (4) there shall be inserted the following subsection—
here an order under subsection (3) above is made, the making of the order shall, if there is in force a licence relating to the person in respect of whom the order is made, have the effect of revoking that licence."; and
(d) in subsection (5) after the word "construed" there shall be inserted the words "and sections I A and 27 shall apply".
. In section 11 of the 1993 Act (duration of licences) subsections (3)(b) and (4) shall cease to have effect.'.
§
No. 120, in page 150, line 31, at end insert—
'( ) Paragraph (b) of that subsection shall cease to have effect.'.
§ No. 42, in page 152, line 46, after 'Ace insert '(compulsory disclosure by accused)'.
§ No. 43, in page 153, line 7, after 'Act' insert '(time limits: transitional)'.
§
No. 44, in page 153, line 12, at end insert—
'. In subsection (1)(a) of section 28 of that Act (introduction to Part III), after the words "committed for trial" there shall be inserted the words ", or sent for trial under section 51 of the Crime and Disorder Act 1998,".
. In subsection (1) of section 39 of that Act (meaning of pre-trial hearing), after the words "committed for trial for the offence concerned" there shall be inserted the words ", after the accused has been sent for trial for the offence under section 51 of the Crime and Disorder Act 1998,".'.—[Mr. Michael.]
§ Amendments made: No 122, in page 155, line 13, leave out 'and (b)(i) and (iii)'and insert '7,'.
§ No. 121, in page 155, line 13, leave out 'to' and insert '1A, 3,'.
§
No. 123, in page 155, line 16, at end insert
'and
(ii) after the word "3," there shall be inserted words "6(1)(b)(i) and (iii)";
( ) in sub-paragraph (2)(b) for the words "sub-paragraphs (3) and (4)" there shall be substituted the words "sub-paragraph (3)";'
§ No. 124, in page 155, line 19, after "'sections' insert ' I A,'
§ No. 125, in page 155, line 36, leave out 'to' and insert '1A, 3,'.
§ No. 126, in page 155, line 36, leave out 'and (b)(i) and (iii)' and insert '7,'.
§
No. 127, in page 155, line 38, at end insert
'and
(ii) after the word "3," there shall be inserted the words "6(1)(b)(i) and (iii),";'.
§ No. 128, in page 155, line 40, after "'sections' insert '1A,'.
937§ No. 129, in page 156, line 27, leave out 'to 3' and insert '1A, 3, 3A'.
§ No. 130, in page 156, line 27, leave out 'and (b)(i) and (iii)' and insert '7,'.
§ No. 131, in page 156, line 28, after '21' insert 26A'.
§
No. 132, in page 156, line 30, after 'Act")";' insert 'and
( ) for the words "the 1989 Act" there shall be substituted the words "the Prisons (Scotland) Act 1989 ("the 1989 Act");'.
§ No. 133, in page 156, line 32, after "'sections' insert '1A,'.
§ No. 134, in page 156, line 32, after '2(4)' insert '3A'.
§ No. 135, in page 156, line 32, after '21' insert 26A'.
§ No. 136, in page 156, line 36, leave out 'to 3' and insert '1A, 3, 3A'.
§ No. 137, in page 156, line 36, leave out 'and (b)(i) and (iii)' and insert '7,'.
§ No. 138, in page 156, line 37, after '21' insert 26A'.
§
No. 139, in page 156, line 38, after 'Act")";' insert 'and
( ) for the words "the 1989 Act" there shall be substituted the words "the Prisons (Scotland) Act 1989 ("the 1989 Act");'.
§ No. 140, in page 156, line 41, after -sections' insert '1A,'.
§ No. 141, in page 156, line 41, after '2(4)' insert '3A'.
§ No. 142, in page 156, line 41, after '21' insert 26A'.—[Mr. Mike O'Brien.]