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Powers of Criminal Courts (Sentencing) Act 2000

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163 General definitions.E+W

In this Act, except where the contrary intention appears—

  • action plan order” means an order under section 69(1) above;

  • the appropriate officer of the court” means, in relation to a magistrates’ court, the clerk of the court;

  • associated”, in relation to offences, shall be construed in accordance with section 161(1) above;

  • attendance centre” has the meaning given by section 62(2) above;

  • attendance centre order” means an order under section 60(1) above (and, except where the contrary intention is shown by paragraph 8 of Schedule 3 or paragraph 4 of Schedule 7 or 8 to this Act, includes orders made under section 60(1) by virtue of paragraph 4(1)(c) or 5(1)(c) of Schedule 3 or paragraph 2(2)(a) of Schedule 7 or 8);

  • child” means a person under the age of 14;

  • F1. . .

  • community order” has the meaning given by section 33(1) above;

  • [F2community [F3punishment] order[F4has the meaning given by section 44 of the Criminal Justice and Court Services Act 2000] (and, except where the contrary intention is shown by section 59 above or paragraph 7 of Schedule 3 to this Act or section 35 of the M1Crime (Sentences) Act 1997, includes orders made under section 46(1) by virtue of section 59 or paragraph 4(1)(b) or 5(1)(b) of Schedule 3 or the said section 35)]

  • [F5community punishment and rehabilitation order” has the meaning given by section 45 of the Criminal Justice and Court Services Act 2000]

  • [F6community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000]

  • [F7community rehabilitation period” means the period for which a person subject to a community rehabilitation or community punishment and rehabilitation order is placed under supervision by the order]

  • community sentence” has the meaning given by section 33(2) above;

  • compensation order” has the meaning given by section 130(1) above;

  • “court” does not include a court-martial;

  • curfew order” means an order under section 37(1) above (and, except where the contrary intention is shown by section 59 above or paragraph 3 of Schedule 7 or 8 to this Act or section 35 of the M2Crime (Sentences) Act 1997, includes orders made under section 37(1) by virtue of section 59or paragraph 2(2)(a) of Schedule 7 or 8 or the said section 35);

  • custodial sentence” has the meaning given by section 76 above;

  • detention and training order” has the meaning given by section 100(3) above;

  • [F8drug abstinence order” means an order under section 58A(1) above]

  • drug treatment and testing order” means an order under section 52(1) above;

  • falling to be imposed under section 109(2), 110(2) or 111(2)” shall be construed in accordance with section 164(3) below;

  • guardian” has the same meaning as in the M3Children and Young Persons Act 1933;

  • local authority accommodation” means accommodation provided by or on behalf of a local authority, and “accommodation provided by or on behalf of a local authority” here has the same meaning as it has in the M4Children Act 1989 by virtue of section 105 of that Act;

  • [F7local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000]

  • offence punishable with imprisonment” shall be construed in accordance with section 164(2) below;

  • operational period”, in relation to a suspended sentence, has the meaning given by section 118(3) above;

  • order for conditional discharge” has the meaning given by section 12(3) above;

  • period of conditional discharge” has the meaning given by section 12(3) above;

  • pre-sentence report” has the meaning given by section 162 above;

  • F1. . .

  • F1. . .

  • protecting the public from serious harm” shall be construed in accordance with section 161(4) above;

  • referral order” means an order under section 16(2) or (3) above;

  • the register” means the register of proceedings before a magistrates’ court required by rules under section 144 of the M5Magistrates’ Courts Act 1980 to be kept by the [F9justices’ chief executive for] the court;

  • reparation order” means an order under section 73(1) above;

  • “responsible officer”—

    (a)

    in relation to a curfew order, has the meaning given by section 37(12) above;

    (b)

    in relation to a [F10community rehabilitation order], has the meaning given by section 41(6) above;

    (c)

    in relation to a [F11community punishment order], has the meaning given by section 46(13) above;

    (d)

    in relation to a [F12community punishment and rehabilitation order], has (by virtue of section 51(4) above) the meaning given by section 41(6) or 46(13) above;

    (e)

    in relation to a drug treatment and testing order, has the meaning given by section 54(3) above;

    (ee)

    [F13in relation to a drug abstinence order, has the meaning given by section 58A(5) above]

    (f)

    in relation to an action plan order, has the meaning given by section 69(4) above; and

    (g)

    in relation to a reparation order, has the meaning given by section 74(5) above;

    except that in section 47 above references to “the responsible officer” shall be construed in accordance with that section;

  • review hearing”, in relation to a drug treatment and testing order, has the meaning given by section 54(6) above;

  • “sentence of imprisonment” does not include a committal—

    (a)

    in default of payment of any sum of money;

    (b)

    for want of sufficient distress to satisfy any sum of money; or

    (c)

    for failure to do or abstain from doing anything required to be done or left undone;

    and references to sentencing an offender to imprisonment shall be construed accordingly;

  • sexual offence” has the meaning given by section 161(2) above;

  • [F14specified Class A drug” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000]

  • supervision order” means an order under section 63(1) above;

  • supervisor”, in relation to a supervision order, has the meaning given by section 63(3) above;

  • suspended sentence” has the meaning given by section 118(3) above;

  • suspended sentence supervision order” has the meaning given by section 122(1) above;

  • the testing requirement”, in relation to a drug treatment and testing order, has the meaning given by section 53(4) above;

  • the treatment provider”, in relation to such an order, has the meaning given by section 53(1) above;

  • the treatment requirement”, in relation to such an order, has the meaning given by section 53(1) above;

  • the treatment and testing period”, in relation to such an order, has the meaning given by section 52(1) above;

  • [F15trigger offence” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000]

  • violent offence” has the meaning given by section 161(3) above;

  • young person” means a person aged at least 14 but under 18;

  • youth offending team” means a team established under section 39 of the M6Crime and Disorder Act 1998.

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Amendments (Textual)

F1Definitions of “combination order”, “probation order” and “probation period” in s. 163 repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 197(b), Sch. 8; S.I. 2001/919, art. 2(f)(iii)(g)

F2Definition of “community punishment order” in s. 163 moved (1.4.2001) by 2000 c. 43, s. 44(5); S.I. 2001/919, art. 2(b)

F3Definition of “community punishment order” in s. 163 substituted (1.4.2001) for definition of “community service order” by 2000 c. 43, s. 44(5)(a); S.I. 2001/919, art. 2(b)

F4Words in the definition of “community punishment order” in s. 163 substituted (1.4.2001) by 2000 c. 43, s. 44(5)(b); S.I. 2001/919, art. 2(b)

F5Definition of “community punishment and rehabilitation order” in s. 163 inserted (1.4.2001) by 2000 c. 43, s. 45(5)

F6Definition of “community rehabilitation order” in s. 163 inserted (1.4.2001) by 2000 c. 43, s. 43(5); S.I. 2001/919, art. 2(b)

F7Definitions of

community rehabilitation period

and

local probation board

in s. 163 inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 197(f); S.I. 2001/919, art. 2(f)(iii)

F8Definition of

drug abstinence order

in s. 163 inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 197(f); S.I. 2001/2232, art. 2(m)(vii)

F9S. 163: words in the definition of

the register

substituted (1.4.2001) by S.I. 2001/618, art. 5(5)

F10Words in para. (b) of the definition of “responsible officer” in s. 163 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)

F11Words in para. (c) in the definition of “responsible officer” in s. 163 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)

F12Words in para. (d) of the definition of “responsible officer” in s. 163 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)

F13Para. (ee) in the definition of “responsible officer” in s. 163 inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 197(g)(ii); S.I. 2001/2232, art. 2(m)(vii)

F14Definition of “specified Class A drug” in s. 163 inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 70(4); S.I. 2001/2232, art. 2(j)

F15Definition of “trigger offence” in s. 163 inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 70(4); S.I. 2001/2232, art. 2(j)

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