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Criminal Justice Act 2003
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Changes to legislation:
Criminal Justice Act 2003, Section 283 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 283:
- specified provision(s) amendment to earlier commencing SI 2012/2574, Sch. by S.I. 2012/2761 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 150(aa) inserted by 2012 c. 10 Sch. 26 para. 19(2) (This amendment not applied to legislation.gov.uk. Sch. 26 para. 19 omitted (11.12.2013) by virtue of 2013 c. 22, Sch. 16 para. 23(2); S.I. 2013/2981, art. 2(d))
- s. 150(ba) inserted by 2012 c. 10 Sch. 26 para. 19(3) (This amendment not applied to legislation.gov.uk. Sch. 26 para. 19 omitted (11.12.2013) by virtue of 2013 c. 22, Sch. 16 para. 23(2); S.I. 2013/2981, art. 2(d))
- s. 151(A1) inserted by 2008 c. 4 s. 11(3)
- s. 151(1A) inserted by 2008 c. 4 s. 11(5)
- s. 151(1A)(b) word substituted by 2008 c. 4 Sch. 4 para. 76(3) (This amendment not applied to legislation.gov.uk. S. 151(1A) is still only prospectively inserted by 2008 c. 4, s. 11(5))
- s. 151(1A)(c) substituted by 2009 c. 25 Sch. 17 para. 8(3) (This amendment not applied to legislation.gov.uk. S. 151(1A) is still only prospectively inserted by 2008 c. 4, s. 11(5))
- s. 151(2A)(b) substituted by 2009 c. 25 Sch. 17 para. 8(4)
- s. 151(4A) inserted by 2009 c. 25 Sch. 17 para. 8(5)
- s. 151(8)(a) words substituted by 2009 c. 25 Sch. 17 para. 8(6)(a)
- s. 151(8)(b) words inserted by 2009 c. 25 Sch. 17 para. 8(6)(b)(i)
- s. 151(8)(b) words substituted by 2009 c. 25 Sch. 17 para. 8(6)(b)(ii)
- s. 151(8)(c)-(f) inserted by 2009 c. 25 Sch. 17 para. 8(6)(c)
- s. 165(5) inserted by 2014 c. 12 s. 179(3)
- s. 237(1A) inserted by 2006 c. 48 s. 34(3)
- s. 237(1B)(f)(g) inserted by 2021 c. 11 Sch. 13 para. 40(b)
- s. 239A inserted by 2015 c. 2 s. 8(1)
- s. 239A cross-heading inserted by 2015 c. 2 Sch. 3 para. 5
- s. 250(5C) inserted by 2015 c. 2 Sch. 3 para. 7(4)
- s. 255A(4A) inserted by 2015 c. 2 s. 9(2)
- s. 255B(3A) inserted by 2015 c. 2 s. 9(3)(b)
- s. 255B(4A)-(4C) inserted by 2015 c. 2 s. 9(3)(d)
- s. 255C(3A) inserted by 2015 c. 2 s. 9(4)(b)
- s. 255C(4A)-(4C) inserted by 2015 c. 2 s. 9(4)(d)
- s. 256A(1)-(1B) substituted for s. 256A(1) by 2015 c. 2 s. 9(6)(a)
- s. 256A(4A)(4B) inserted by 2015 c. 2 s. 9(6)(f)
- s. 256A(5)(6) substituted for s. 256A(5) by 2015 c. 2 s. 9(6)(g)
- s. 256AZA inserted by 2015 c. 2 s. 10(1)
- s. 257(3) inserted by 2006 c. 48 s. 34(4)
- s. 258(1A) inserted by 2006 c. 48 s. 34(5)
- s. 260(4)(aa) substituted for word by 2008 c. 4 s. 34(7)(b) (This amendment not applied to legislation.gov.uk. S. 34(2)(4)(b)(7)(10) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(b); S.I. 2012/2906, art. 2(d))
- Sch. 15B para. 49A omitted by S.I. 2019/780 reg. 26(4)(c) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
- Sch. 15B para. 49B omitted by S.I. 2019/780 reg. 26(4)(d) (This amendment not applied to legislation.gov.uk. Regs. 21, 25, 26, 27, 30 revoked (1.12.2020) by 2020 c. 17, Sch. 28; S.I. 2020/1236, reg. 2)
- Sch. 20B para. 34(6)(7) substituted for Sch. 20B para. 34(6) by 2015 c. 2 Sch. 3 para. 10
283Enabling powers: power to alter maximum penaltiesE+W
This section has no associated Explanatory Notes
(1)The Secretary of State may by order, in accordance with subsection (2) F1..., amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person—
(a)as regards a summary offence, liable on conviction to a term of imprisonment;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to—
(a)restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or
(b)increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power.
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Schedule 27 (which amends the maximum penalties which may be imposed by virtue of certain enabling powers) shall have effect.
(5)The power conferred by subsection (1) shall not apply to the enactments amended under Schedule 27.
(6)An order under subsection (1) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.
(7)None of the following—
(a)an order under subsection (1), or
(b)Schedule 27,
affects the penalty for any offence committed before the commencement of that order or Schedule (as the case may be).
(8)In subsection (1) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(9)In this section “relevant enactment” means any enactment contained in an Act passed before or in the same Session as this Act.
Textual Amendments
F1Words in s. 283(1) omitted (14.7.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 19(3)(a)(i); S.I. 2022/816, regs. 1(2), 3(d)
F2S. 283(1)(b) omitted (14.7.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 19(3)(a)(ii); S.I. 2022/816, regs. 1(2), 3(d)
F3S. 283(3) omitted (14.7.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 19(3)(b); S.I. 2022/816, regs. 1(2), 3(d)
Commencement Information
I1S. 283(4)(7) in force at 2.5.2022 for specified purposes by S.I. 2022/500, reg. 3(b)(ii)
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