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Powers of Criminal Courts (Sentencing) Act 2000
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- 2000 c. 6
- Part VII
- Restitution orders
- Section 149
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Changes and effects yet to be applied to Section 149:
Changes and effects
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- s. 1-1D substituted for s. 1 2 by 2003 c. 44 Sch. 23 para. 1
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- 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)
149 Restitution orders: supplementary.E+W
(1)The following provisions of this section shall have effect with respect to section 148 above.
(2)The powers conferred by subsections (2)(c) and (4) of that section shall be exercisable without any application being made in that behalf or on the application of any person appearing to the court to be interested in the property concerned.
(3)Where an order is made under that section against any person in respect of an offence taken into consideration in determining his sentence—
(a)the order shall cease to have effect if he successfully appeals against his conviction of the offence or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made;
(b)he may appeal against the order as if it were part of the sentence imposed in respect of the offence or, if more than one, any of the offences, of which he was so convicted.
(4)Any order under that section made by a magistrates’ court shall be suspended—
(a)in any case until the end of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates’ court;
(b)where notice of appeal is given within the period so prescribed, until the determination of the appeal;
but this subsection shall not apply where the order is made under section 148(2)(a) or (b) and the court so directs, being of the opinion that the title to the goods to be restored or, as the case may be, delivered or transferred under the order is not in dispute.
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