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Powers of Criminal Courts (Sentencing) Act 2000

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Version Superseded: 30/11/2009

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Part IE+W Preliminary

DefinitionsE+W

1(1)In this Schedule “relevant order” means any of the following orders—E+W

(a)a curfew order;

[F1(aa)an exclusion order;]

(b)a [F2community rehabilitation order];

(c)a [F3community punishment order];

(d)a [F4community punishment and rehabilitation order];

(e)a drug treatment and testing order.

[F5(f)a drug abstinence order.]

(2)In this Schedule “the [F6local justice area] concerned” means—

(a)in relation to a curfew order, the [F6local justice area] in which the place for the time being specified in the order is situated; and

(b)in relation to [F7an exclusion, community rehabilitation, community punishment, community punishment and rehabilitation, drug treatment and testing or drug abstinence] order, the [F6local justice area] for the time being specified in the order.

(3)In this Schedule, references to the court responsible for a drug treatment and testing order [F8or drug abstinence order] shall be construed in accordance with section 54(7) of this Act [F9(or that subsection as applied by section 58B(2) of this Act)].

(4)In this Schedule—

(a)references to the [F10community rehabilitation element] of a [F4community punishment and rehabilitation order] are references to the order in so far as it imposes such a requirement as is mentioned in section 51(1)(a) of this Act (and in so far as it imposes any additional requirements included in the order by virtue of section 42); and

(b)references to the [F11community punishment element] of such an order are references to the order in so far as it imposes such a requirement as is mentioned in section 51(1)(b).

Textual Amendments

F1Sch. 3 para. 1(1)(aa) inserted (2.7.2001 for specified purposes and 2.9.2004 in so far as not already in force) by Criminal Justice and Courts Services Act 2000 (c. 43), s. 80(1), Sch. 7 para. 199(2)(a)(i); S.I. 2004/2171, art. 2

F2Words in Sch. 3 para. 1(1)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F3Words in Sch. 3 para. 1(1)(c) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 2(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F4Words in Sch. 3 para. 1(1)(d)(4)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 3(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F5Sch. 3 para. 1(1)(f) inserted (20.6.2001 and 2.7.2001 for specified purposes and 2.9.2004 in so far as not already in force) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(2)(a)(ii); S.I. 2001/2232, art. 2(m)(viii); S.I. 2004/2171, art. 2

F7Words in Sch. 3 para. 1(2)(b) substituted (1.4.2001, 20.6.2001, 2.7.2001 for specified purposes and 2.9.2004 in so far as not already in force) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(2)(b); S.I. 2001/2232, art. 2(m)(viii); S.I. 2004/2171, art. 2

F8Words in Sch. 3 para. 1(3) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(2)(c)(i); S.I. 2001/2232, art. 2(m)(viii)

F9Words in Sch. 3 para. 1(3) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(2)(c)(ii); S.I. 2001/2232, art. 2(m)(viii)

F10Words in Sch. 3 para. 1(4)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(3); S.I. 2001/919, art. 2(f)(iv)

F11Words in Sch. 3 para. 1(4)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(4); S.I. 2001/919, art. 2(f)(iv)

Orders made on appealE+W

2(1)Where a curfew, [F12exclusion, community rehabilitation, community punishment, community punishment and rehabilitation or drug abstinence] order has been made on appeal, for the purposes of this Schedule it shall be deemed—E+W

(a)if it was made on an appeal brought from a magistrates’ court, to have been made by a magistrates’ court;

(b)if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.

(2)Where a drug treatment and testing order has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court.

Textual Amendments

F12Words in Sch. 3 para. 2(1) substituted (1.4.2001, 20.6.2001, 2.7.2001 for specified purposes and 2.9.2004 in so far as not already in force) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(5); S.I. 2001/919, art. 2(f)(iv); S.I. 2001/2232, art. 2(m)(viii); S.I. 2004/2171, art. 2

Prospective

Functions of responsible officerE+W

2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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