1E+WFor the purposes of this Schedule the question whether an offence is one which is punishable with imprisonment shall be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.
[F12E+WReferences in this Schedule to previous grants of bail include—
(a)bail granted before the coming into force of this Act;
(b)as respects the reference in paragraph 2A of Part 1 of this Schedule (as substituted by [F2paragraph 16 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012]), bail granted before the coming into force of that paragraph;
(c)as respects the references in paragraph 6 of Part 1 of this Schedule (as substituted by [F3paragraph 17 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012]), bail granted before the coming into force of that paragraph;
(d)as respects the references in paragraph 9AA of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;
(e)as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;
(f)as respects the reference in paragraph 5 of Part 2 of this Schedule (as substituted by section 13(4) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph][F4;
(g)as respects the reference in paragraph 6 of Part 2 of this Schedule, bail granted before the coming into force of that paragraph.]
Textual Amendments
F1Sch. 1 Pt. III para. 2 substituted (1.1.2007) by Criminal Justice Act 2003 (c. 44), s. 336(3), Sch. 36 para. 3; S.I. 2006/3217, art. 2(b) (with art. 3)
F2Words in Sch. 1 Pt. 3 para. 2(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 31(2); S.I. 2012/2906, art. 2(i)
F3Words in Sch. 1 Pt. 3 para. 2(c) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 31(2); S.I. 2012/2906, art. 2(i)
F4Sch. 1 Pt. 3 para. 2(g) and semicolon inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 11 para. 31(4); S.I. 2012/2906, art. 2(i)
3E+WReferences in this Schedule to a defendant’s being kept in custody or being in custody include (where the defendant is a child or young person) references to his being kept or being in [F5accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation).]
Textual Amendments
F5Words in Sch. 1 Pt. 3 para. 3 substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 17; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
4E+WIn this Schedule—
“court”, in the expression “sentence of a court”, includes a service court as defined in section 12(1) of the M1Visiting Forces Act 1952 and “sentence”, in that expression, shall be construed in accordance with that definition;
“default”, in relation to the defendant, means the default for which he is to be dealt with under [F6Part 2 of [F7Schedule 10 to the Sentencing Code] (breach of requirement of order)];
F8...
Textual Amendments
F6Sch. 1 Pt. 3 para. 4 words substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3), Sch. 32 para. 23; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(12) (with art. 2(2), Sch. 2).
F7Words in Sch. 1 Pt. 3 para. 4 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 37(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F8Words in Sch. 1 Pt. 3 para. 4 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 78(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Marginal Citations