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Powers of Criminal Courts (Sentencing) Act 2000

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This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Magistrates’ Courts Act 1980 (c. 43)E+W+S+N.I.

61In section 11(3) of the Magistrates’ Courts Act 1980 (non-appearance of accused), for “section 23 of the Powers of Criminal Courts Act 1973” there shall be substituted “ section 119 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

62In section 17A(4) of the Magistrates’ Courts Act 1980 (initial procedure: accused to indicate intention as to plea), for “section 38 below” there shall be substituted “ section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

63In section 20(2) of the Magistrates’ Courts Act 1980 (procedure where summary trial appears more suitable), for “section 38 below” there shall be substituted “ section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

64(1)Section 24 of the Magistrates’ Courts Act 1980 (summary trial of information against child or young person for indictable offence) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1)(a), for “subsection (2) of section 53 of the Children and Young Persons Act 1933” there shall be substituted “ subsection (1) or (2) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

(3)In subsection (3), for “section 1(1) of the Criminal Justice Act 1982” there shall be substituted “ section 89(1) of the said Act of 2000 ”.

65In section 33 of the Magistrates’ Courts Act 1980 (maximum penalties on summary conviction in pursuance of section 22), in subsection (1)(b), for “section 38 below” there shall be substituted “ section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (committal to Crown Court for sentence) ”.E+W+S+N.I.

66In section 77(2) of the Magistrates’ Courts Act 1980 (postponement of issue of warrant of commitment)—E+W+S+N.I.

(a)for “section 9 of the Criminal Justice Act 1982” there shall be substituted “ section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 ”; and

(b)for “17” there shall be substituted “ 18 ”.

67(1)Section 81 of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on young offenders) shall be amended as follows.E+W+S+N.I.

(2)In subsection (1), for “section 1 of the Criminal Justice Act 1982” there shall be substituted “ section 89 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

(3)In subsection (3), for “section 17(1) of the Criminal Justice Act 1982” there shall be substituted “ section 60(1) of the said Act of 2000 ”.

(4)in subsection (8), for “section 35 of the Powers of Criminal Courts Act 1973” there shall be substituted “ section 130 of the said Act of 2000 ”.

68In section 88(4) of the Magistrates’ Courts Act 1980 (supervision pending payment), for “section 9 of the Criminal Justice Act 1982” there shall be substituted “ section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

69In section 91(3) of the Magistrates’ Courts Act 1980 (transfer of fines from Scotland or Northern Ireland), for “section 32(1) of the Powers of Criminal Courts Act 1973” there shall be substituted “ section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

70In section 96A of the Magistrates’ Courts Act 1980 (application of Part III to persons aged 18 to 20), for “section 9 of the Criminal Justice Act 1982” there shall be substituted “ section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

71In section 108(1A) of the Magistrates’ Courts Act 1980 (right of appeal where offender absolutely or conditionally discharged), for “Section 1C of the Powers of Criminal Courts Act 1973” there shall be substituted “ Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

72In section 113 of the Magistrates’ Courts Act 1980 (bail on appeal or case stated), in subsection (3), for “or 38 above” there shall be substituted “ above or section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

73In section 125(4)(c) of the Magistrates’ Courts Act 1980 (warrants which constable may execute when not in his possession), as amended by paragraph 8 of Schedule 4 to the M1Youth Justice and Criminal Evidence Act 1999, in sub-paragraph (v), for “the Youth Justice and Criminal Evidence Act 1999” there shall be substituted “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

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Marginal Citations

74In section 126 of the Magistrates’ Courts Act 1980 (execution of certain warrants in Channel Islands and Isle of Man), as amended by paragraph 9 of Schedule 4 to the M2Youth Justice and Criminal Evidence Act 1999, in paragraph (f), for “the Youth Justice and Criminal Evidence Act 1999” there shall be substituted “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

75In section 128(6) of the Magistrates’ Courts Act 1980 (remand in custody or on bail), for “or 30 above” there shall be substituted “ above or section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

76In section 133(1) of the Magistrates’ Courts Act 1980 (consecutive terms of imprisonment and detention), for “Subject to section 102 of the Crime and Disorder Act 1998,” there shall be substituted “ Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act 2000, ”.E+W+S+N.I.

77In section 135(3) of the Magistrates’ Courts Act 1980 (detention of offender for one day in court-house or police station), for “section 9 of the Criminal Justice Act 1982” there shall be substituted “ section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

78In section 136(4) of the Magistrates’ Courts Act 1980 (committal to custody overnight at police station), for “section 9 of the Criminal Justice Act 1982” there shall be substituted “ section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.E+W+S+N.I.

79In section 143(2) of the Magistrates’ Courts Act 1980 (power to alter sums specified in certain provisions)—E+W+S+N.I.

(a)for paragraphs (cb) and (d) there shall be substituted the following paragraphs—

(cb)section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on compensation order of magistrates’ court);

(d)section 135 of that Act; (limit on fine imposed on young offender by magistrates’ court);;

(b)in paragraph (j), for “section 31(3A) of the Powers of Criminal Courts Act 1973” there shall be substituted “ section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000 ”; and

(c)in paragraph (p), for “section 58(2) and (3) of the Criminal Justice Act 1991” there shall be substituted “ section 150(2) and (3) of the Powers of Criminal Courts (Sentencing) Act 2000 ”.

80(1)In Schedule 6A to the Magistrates’ Courts Act 1980 (fines that may be altered under section 143), the entries relating to—E+W+S+N.I.

(a)the Children and Young Persons Act 1969,

(b)the Powers of Criminal Courts Act 1973,

(c)the Criminal Justice Act 1982, and

(d)the Criminal Justice Act 1991,

shall be omitted.

(2)At the end of that Schedule there shall be inserted the following entry—

POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000
Section 123(3) (failure to comply with suspended sentence supervision order)£1,000
In Schedule 3, paragraphs 4(1) and 5(1) (failure to comply with certain community orders)£1,000
In Schedule 5, paragraph 2(1) (failure to comply with attendance centre order or attendance centre rules)£1,000
In Schedule 7, paragraph 2(2) (failure to comply with supervision order)£1,000

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