Part IIE+W Specific provisions: replication of old transitional provisions
Sections 37, 41, 46 and 79 and Schedules 2, 3 and 6: consent requirementsE+W
4(1)In relation to an offence committed before 1st October 1997—E+W
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)section 41 of this Act shall have effect as if at the end of subsection (7) (but not as part of paragraph (c)) there were added the words “ and the court shall not make the order unless he expresses his willingness to comply with its requirements ”;
(c)section 46(4) of this Act shall have effect as if after the word “unless” there were inserted “ the offender consents and ”;
(d)section 79(3) of this Act shall have effect as if for the words from “he fails to” onwards there were substituted “ he refuses to give his consent to a community sentence which is proposed by the court and requires that consent ”; and
(e)Schedule 2 to this Act shall have effect as if there were omitted from each of paragraphs 5(4) and 6(5) paragraph (b) and the word “and” immediately preceding it.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 11 para. 4(1)(a) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 64(a)(i), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(u)(xiii)
F2Sch. 11 para. 4(2) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 64(a)(ii), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(u)(xiii)
F3Sch. 11 para. 4(3) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 64(a)(iii), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(u)(xiii)
Section 37: minimum age for curfew orderE+W
F45E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 11 para. 5 repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 64(b), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(u)(xiii)
Custodial sentences for young offenders: section 98 and re-sentencing powersE+W
6E+WIn relation to an offender sentenced to detention in a young offender institution before 1st April 2000, section 98(2) of this Act shall have effect as if at the end there were inserted “ , but if he is under 18 at the time of the direction, only for a temporary purpose ”.
7E+WA court to which it falls after the commencement of this Act to determine for the purposes of any enactment how a previous court could or might have dealt with an offender shall in the case of an offender aged under 18 make that determination—
(a)as if sections 100 to 107 of this Act (detention and training orders) and section 96 of this Act (detention in a young offender institution available only if offender is at least 18) had been in force; and
(b)as if sections 1 to 4 of the M1Criminal Justice and Public Order Act 1994 (secure training orders, repealed by the M2Crime and Disorder Act 1998) had not been in force.
Sections 143, 147, 148 and 150: miscellaneous transitional provisionsE+W
8E+WThe following provisions of this Act, namely—
(a)subsections (6) and (7) of section 143, and
(b)subsections (2) and (4) of section 147,
do not apply in relation to an offence committed before 1st July 1992.
9E+WIn relation to an offence into which a criminal investigation began before 1st April 1997, section 148 of this Act shall have effect as if for paragraph (b) of subsection (6) there were substituted the following paragraph—
“(b)the depositions taken at any committal proceedings and any written statements or admissions used as evidence in those proceedings.”
10E+WIn relation to an offence committed before 3rd February 1995, section 150 of this Act shall have effect as if there were omitted from subsection (2) the words from “and where the court” onwards.