Powers of Criminal Courts (Sentencing) Act 2000

Criminal Justice Act 1988 (c. 33)

102 In section 36(2) of the Criminal Justice Act 1988 (review of sentencing), for “section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997” there shall be substituted “section 109(2), 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000”.

103 In section 50 of the Criminal Justice Act 1988 (suspended sentences on certain civilians in military courts), in subsection (3)(b), for “the Powers of Criminal Courts Act 1973” there shall be substituted “the Powers of Criminal Courts (Sentencing) Act 2000”.

104 In section 60(1) of the Criminal Justice Act 1988 (periods of imprisonment for default), for “Tables in section 31(3A) of the Powers of Criminal Courts Act 1973 and” there shall be substituted “Table in”.

105 In section 71(9A) of the Criminal Justice Act 1988 (power to make confiscation orders on committal for sentence), for the words from “section 38” to “1967” there shall be substituted “section 3, 4 or 6 of the Powers of Criminal Courts (Sentencing) Act 2000”.

106 (1) Section 72 of the Criminal Justice Act 1988 (making of confiscation orders) shall be amended as follows.

(2) In subsection (5)—

(a) 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”; and

(b) 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”.

(3) In subsection (7), 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”.

107 In section 72A(9A) of the Criminal Justice Act 1988 (variation of sentence on postponed determination), for “section 47(2) or (3) of the Supreme Court Act 1981” there shall be substituted “section 155(1) or (2) of the Powers of Criminal Courts (Sentencing) Act 2000”.

108 In section 74(2) of the Criminal Justice Act 1988 (meaning of “realisable property”), 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”.

109 In section 74A(6) of the Criminal Justice Act 1988 (review of cases where proceeds of crime not assessed), 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”.

110 (1) Section 74C of the Criminal Justice Act 1988 (revision of assessment of amount to be recovered) shall be amended as follows.

(2) In subsection (7), 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”.

(3) In subsection (8), for “section 31(3A) of that Act of 1973” there shall be substituted “section 139(4) of that Act of 2000”.

111 (1) Section 75 of the Criminal Justice Act 1988 (application of procedure for enforcing fines) shall be amended as follows.

(2) In subsection (1), for the words from “sections 31(1)” to “1973” there shall be substituted “sections 139(1) to (4) and 140(1) to (3) of the Powers of Criminal Courts (Sentencing) Act 2000”.

(3) In subsection (2), for “section 31(3) of the Magistrates' Courts Act 1980” there shall be substituted “section 78(4) of that Act of 2000”.

(4) In subsection (3), for “section 9 of the Criminal Justice Act 1982” there shall be substituted “section 108 of that Act of 2000”.

(5) In subsection (4)—

(a) for “section 22(1) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 118(1) of that Act of 2000”; and

(b) for “section 31(2) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 139(2) of that Act of 2000”.

112 (1) Section 75A of the Criminal Justice Act 1988 (interest on sums unpaid under confiscation orders) shall be amended as follows.

(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(2) of that Act of 1973” there shall be substituted “section 139(2) of that Act of 2000”; and

(b) for “section 31(3A) of that Act of 1973” there shall be substituted “section 139(4) of that Act of 2000”.

113 In section 83(4) of the Criminal Justice Act 1988 (variation of confiscation orders), 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”.

114 In Schedule 15 to the Criminal Justice Act 1988 (minor and consequential amendments), in paragraph 80, for “that Act” there shall be substituted “the Supreme Court Act 1981”.