Police, Crime, Sentencing and Courts Act 2022

Section 152

SCHEDULE 13 Removal of attendance centre requirements for adults: related amendments

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

1 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

2 (1) Section 60 (attendance centre orders) is amended as follows (but see sub-paragraph (4)).

(2) In subsection (1)—

(a) in paragraph (b), for “21” substitute “18”;

(b) omit paragraph (c) and the word “or” before it.

(3) In subsection (4)(b), for the words from “16 or over” to the end, substitute “16 or 17”.

(4) Sub-paragraphs (1) to (3) have no effect if paragraph 102 of Schedule 32 to the Criminal Justice Act 2003 (which confines the effect of section 60 to persons aged under 16) is in force when this paragraph comes into force.

3 In Schedule 5 (further provision about attendance centre orders), in paragraph 7(1), omit “or (c)”.

Criminal Justice Act 2003 (c. 44)

4 The Criminal Justice Act 2003 (the “2003 Act”) is amended as follows.

5 (1) Section 221 (provision of attendance centres) is amended as follows.

(2) In subsection (2), omit “aged under 25”.

(3) After subsection (3) insert—

“(4) In this section “relevant order” means—

(a) an order under section 177(1) (community order) or 189(1) (suspended sentence order);

(b) a relevant order within the meaning given by section 397 of the Sentencing Code, made in respect of an offence of which the offender was convicted before the day on which paragraph 5 of Schedule 13 to the Police, Crime, Sentencing and Courts Act 2022 came into force.”

6 (1) In section 300(2) (power to impose attendance centre requirement on fine defaulter)—

(a) if the relevant amendment is not in force when this paragraph comes into force, in paragraph (c) for “under 25” substitute “under 18”;

(b) if the relevant amendment is in force when this paragraph comes into force, omit paragraph (c) and the word “or” before it.

(2) In sub-paragraph (1) the “relevant amendment” means paragraph 2(3)(a)(i) of Schedule 26 to the Criminal Justice and Immigration Act 2008 (which confines the application of section 300(2) of the 2003 Act to those over 18).

7 If paragraph 102 of Schedule 32 is not in force when this paragraph comes into force, in sub-paragraph (2)(b) of that paragraph 102 (amendment of section 61(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000), for “21” substitute “18”.

Sentencing Code

8 The Sentencing Code is amended as follows.

9 (1) Schedule 11 (transfer of community orders to Scotland or Northern Ireland) is amended as follows.

(2) In paragraph 12(2)—

(a) at the end of paragraph (g) insert “, where such a requirement is available (see section 207(3))”;

(b) at the end of paragraph (h) insert “, where such a requirement is available (see section 207(4))”.

(3) In paragraph 25(3), omit paragraph (b) (but not the “or” at the end of that paragraph).

10 (1) Schedule 17 (transfer of suspended sentence orders to Scotland or Northern Ireland) is amended as follows.

(2) In paragraph 9(2)—

(a) at the end of paragraph (g) insert “, where such a requirement is available (see section 291(3))”;

(b) at the end of paragraph (h) insert “, where such a requirement is available (see section 291(4))”.

(3) In paragraph 32—

(a) in sub-paragraph (2), omit paragraph (b) (but not the “or” at the end of that paragraph);

(b) in sub-paragraph (5)—

(i) at the end of paragraph (g) insert “, where such a requirement is available (see section 291(3))”;

(ii) at the end of paragraph (h) insert “, where such a requirement is available (see section 291(4))”.