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Powers of Criminal Courts (Sentencing) Act 2000
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- 2000 c. 6
- SCHEDULE 11
- Part II
- Sections 37, 41, 46 and 79 and Schedules 2, 3 and 6: consent requirements
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Changes and effects yet to be applied to Schedule 11 Part II Crossheading Sections-37-41-46-and-79-and-schedules-2-3-and-6-consent-requirements:
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- s. 1-1D substituted for s. 1 2 by 2003 c. 44 Sch. 23 para. 1
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by 2007 c. 2 s. 8(8)
- Act transfer of functions by 2007 c. 17 s. 30(3)(b)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 12 modified by S.I. 2005/643 art. 2
- s. 1A(2)(a) text amended by S.I. 2008/912 Sch. 1 para. 14(3)
- s. 3A amendment to earlier affecting provision 2003 c. 44 Sch. 3 para. 23 by 2008 c. 4 Sch. 13 para. 9
- s. 3A-3C inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 23
- s. 4A inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 25
- s. 5A and heading(s) inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 27
- s. 27A inserted by 2008 c. 4 s. 36(2)
- s. 27B inserted by 2008 c. 4 s. 37(2)
- s. 64A inserted by 2003 c. 38 Sch. 2 para. 3
- s. 106A inserted by 2003 c. 44 Sch. 32 Pt. 1 para. 113
- s. 106A modified by 2006 c. 52 s. 213(1)(2)
- s. 106A modified by S.I. 2009/1059 Sch. 1 para. 45(2)
- s. 106A(1) text amended by 2006 c. 52 Sch. 16 para. 165(2)
- s. 106A(8)(b) text amended by 2006 c. 52 Sch. 16 para. 165(3)(a)
- s. 106A(8)(d) and word added by 2006 c. 52 Sch. 16 para. 165(3)(b)
- s. 147A 147B inserted by 2009 c. 25 Sch. 16 para. 5(1)
Commencement Orders yet to be applied to the Powers of Criminal Courts (Sentencing) Act 2000:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2009/616 art. 2 3 amendment to earlier commencing SI 2005/950 and SI 2007/391
Commencement Orders bringing legislation that affects this Act into force:
- 2008 c. 4 Sch. 28 Pt. 2 amendment to earlier commencing SI 2005/950
- S.I. 2003/333 art. 2 commences (2002 c. 29)
- S.I. 2003/2268 art. 2 commences (2001 c. 19)
- S.I. 2003/3103 art. 2 commences (2003 c. 41)
- S.I. 2004/81 art. 2-5 commences (2003 c. 44)
- S.I. 2004/829 art. 2-4 commences (2003 c. 44)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/2168 art. 2-5 commences (2003 c. 38)
- S.I. 2004/2171 art. 2 commences (2000 c. 43)
- S.I. 2004/2624 art. 2 commences (2003 c. 32)
- S.I. 2004/3033 art. 2-4 commences (2003 c. 44)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/579 art. 2 3 commences (2004 c. 28)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1267 art. 2 Sch. commences (2003 c. 44)
- S.I. 2005/1432 art. 2 commences (2005 c. 12)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/2491 art. 2 commences (2006 c. 9)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2006/3364 art. 2 commences (2006 c. 48)
- S.I. 2007/391 art. 2 commences (2003 c. 44)
- S.I. 2007/602 art. 2 commences (2004 c. 28)
- S.I. 2007/858 art. 2 3 commences (2006 c. 38)
- S.I. 2007/3001 art. 2 commences (2007 c. 21)
- S.I. 2007/3340 art. 2 commences (2003 c. 44)
- S.I. 2008/1466 art. 2 commences (2008 c. 4)
- S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/2712 art. 2 Sch. commences (2008 c. 4)
- S.I. 2008/3009 art. 2 3 commences (2003 c. 32)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/860 art. 2 commences (2008 c. 4)
- S.I. 2009/1058 art. 3 4 commences (2001 c. 12)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1357 art. 2 commences (S.I. 2009/1182)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
- S.I. 2009/3111 art. 2 amendment to earlier commencing SI 2005/950
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2010/1858 art. 2 3 commences (2009 c. 25)
- S.S.I. 2004/138 art. 2 commences (2003 c. 42)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
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
(a)section 37 of this Act shall have effect as if at the end of subsection (10) (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 ”;
(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.
(2)In relation to an offence committed before 1st October 1997, Schedule 3 to this Act shall have effect as if—
(a)for paragraph (b) of each of paragraphs 4(2) and 5(2) there were substituted the following paragraph—
“(b)may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.”;
(b)paragraph 19(2)(b)(i) were omitted; and
(c)at the end of paragraph 20(2)(b) there were inserted “ , being treatment of a kind to which he could be required to submit in pursuance of a probation or combination order ”.
(3)In relation to an offence committed before 1st October 1997, paragraph 3(4) of Schedule 6 to this Act shall have effect as if for paragraph (c) there were substituted the following paragraph—
“(c)the offender or, if he is a child, his parent or guardian, consents to their inclusion.”
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