C1C4Part 12Sentencing

Annotations:
Modifications etc. (not altering text)
C1

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C4

Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

Chapter 9Supplementary

I1C2302Execution of process between England and Wales and Scotland

Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under—

  • F7section 256AC(1) or (3),

  • section 256C(1) or (3),

  • F18...

  • F18...

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  • F8paragraph 8(1) or 10(5) of Schedule 19A,

as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court.

I2303Sentencing: repeals

The following enactments (which are superseded by the provisions of this Part) shall cease to have effect—

a

Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners),

b

in the Crime (Sentences) Act 1997 (c. 43)—

i

section 29 (power of Secretary of State to release life prisoners to whom section 28 of that Act does not apply),

ii

section 33 (transferred prisoners), and

iii

sections 35 and 40 (fine defaulters),

c

sections 80 and 81 of the Crime and Disorder Act 1998 (c. 37) (sentencing guidelines), and

d

in the Sentencing Act—

i

Chapter 3 of Part 4 (community orders available only where offender 16 or over),

ii

section 85 (sexual or violent offences: extension of custodial term for licence purposes),

iii

sections 87 and 88 (remand in custody),

iv

section 109 (life sentence for second serious offence), and

v

Chapter 5 of Part 5 (suspended sentences).

I3304Amendments relating to sentencing

Schedule 32 (which contains amendments related to the provisions of this Part) shall have effect.

I4C3305Interpretation of Part 12

1

In this Part, except where the contrary intention appears—

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  • “associated”, in relation to offences, is to be read in accordance with F11section 400 of the Sentencing Code;

  • “attendance centre” has the meaning given by section 221(2);

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  • “community order” has the meaning given by F12section 200 of the Sentencing Code;

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  • “court” (without more), except in Chapter 7, does not include a service courtF1, but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006;

  • “curfew requirement”, in relation to a community order, F5... or suspended sentence order, has the meaning given by F13paragraph 9(1) of Schedule 9 to the Sentencing Code;

  • “custodial sentence” has the meaning given by F14section 222 of the Sentencing Code;

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “default order” has the meaning given by section 300(3);

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  • F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “licence” means a licence under Chapter 6;

  • F10...

  • F10...

  • F16“ the PCC(S)A 2000 ” means the Powers of Criminal Courts (Sentencing) Act 2000;

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  • “sentence of imprisonment” does not include a committal—

    1. a

      in default of payment of any sum of money,

    2. b

      for want of sufficient distress to satisfy any sum of money, or

    3. c

      for failure to do or abstain from doing anything required to be done or left undone ,

    and references to sentencing an offender to imprisonment are to be read accordingly;

  • “the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

  • F2“service court” means—

    1. a

      the Court Martial;

    2. b

      the Summary Appeal Court;

    3. c

      the Service Civilian Court;

    4. d

      the Court Martial Appeal Court; or

    5. e

      the Supreme Court on an appeal brought from the Court Martial Appeal Court;

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  • “suspended sentence” and “suspended sentence order” have the meaning given by F15section 286 of the Sentencing Code;

  • F10...

  • “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).

F61A

In this Part any reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

a

there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

b

it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

2

For the purposes of any provision of this Part which requires the determination of the age of a person by the court or the Secretary of State, his age is to be taken to be that which it appears to the court or (as the case may be) the Secretary of State to be after considering any available evidence.

3

Any reference in this Part to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

F174

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