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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 No. 643 URL: https://www.bailii.org/uk/legis/num_reg/2005/20050643.html |
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Made | 10th March 2005 | ||
Laid before Parliament | 14th March 2005 | ||
Coming into force | 4th April 2005 |
(3) In Schedule 8 (breach, revocation or amendment of community order), in paragraphs 9(1)(c), 10(1)(c) and 12(b) for the words "51 weeks" substitute the words "6 months".
(4) In Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) -
(b) in paragraph 9(1) -
Modifications for sentencing of offenders aged 18 but under 21
3.
- (1) In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc.), the provisions of Part 12 of the 2003 Act shall have effect subject to the modifications set out in paragraphs (2) to (17).
(2) In section 189 (suspended sentences of imprisonment) -
(b) in subsection (6), after the words "sentence of imprisonment" insert the words "or in the case of a person aged at least 18 but under 21, a sentence of detention in a young offender institution".
(3) In section 224(2) (meaning of "specified offence" etc.) -
(4) In section 225 (life sentence of imprisonment for public protection for serious offences) -
(5) In section 227 (extended sentence for certain violent or sexual offences: persons 18 or over) -
(b) in subsection (3) after the words "a term of imprisonment" insert the words "or detention in a young offender institution";
(c) in subsection (5) after the words "sentence of imprisonment" insert the words "or detention in a young offender institution".
(6) In section 236 (conversion of sentences of detention into sentences of imprisonment), in section 99(5) of the Powers of Criminal Courts (Sentencing) Act 2000[3] ("the Sentencing Act") (as substituted by section 236) -
(7) In section 237 (meaning of "fixed-term prisoner") in subsection (1)(b) at the end insert the words "or a determinate sentence of detention in a young offender institution under section 96 of the Sentencing Act or section 227 of this Act".
(8) In section 238 (power of court to recommend licence conditions for certain prisoners) in subsection (1) after the words "a term of imprisonment" insert the words "or detention in a young offender institution".
(9) In section 240 (crediting periods of remand in custody: terms of imprisonment and detention), in subsection (10), after the words "of this Act" insert the words "or a sentence of detention in a young offender institution under section 96 of the Sentencing Act or section 227 of this Act".
(10) In section 244(3) (duty to release prisoners), in paragraph (a) after the words "section 91" insert the words "or 96".
(11) In section 250(4) (licence conditions), after the words "sentence of imprisonment" insert the words "or detention in a young offender institution".
(12) In section 258(3) (early release of fine defaulters and contemnors), after the words "sentences of imprisonment" insert the words or detention in a young offender institution".
(13) In section 263(4) (concurrent terms) at the end insert the words "or a sentence of detention in a young offender institution under section 96 of the Sentencing Act or section 227 of this Act".
(14) In section 264(7) (consecutive terms) after the words "of this Act" insert the words "or a sentence of detention in a young offender institution under section 96 of the Sentencing Act or section 227 of this Act".
(15) In section 265(2) (restriction on consecutive sentences for released prisoners) after the words "of this Act" insert the words "or a sentence of detention in a young offender institution under section 96 of the Sentencing Act or under section 227 of this Act".
(16) In Schedule 8 (breach, revocation or amendment of community order) -
(17) In Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) -
Scotland of Asthal, Q.C.
Minister of State
Home Office
10th March 2005
[2] 2000 c.6. Section 78 is prospectively repealed by Part 7 of Schedule 37 to the Criminal Justice Act 2003.back
[5] Section 82A was inserted by section 60 of the Criminal Justice and Court Services Act c.43.back
© Crown copyright 2005