Powers of Criminal Courts (Sentencing) Act 2000

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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .