The Criminal Justice and Courts Act 2015 (Consequential Amendment) Regulations 2019

Draft Regulations laid before Parliament under section 93(5) of the Criminal Justice and Courts Act 2015, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2019 No.

Criminal Law, England And Wales

The Criminal Justice and Courts Act 2015 (Consequential Amendment) Regulations 2019

Made

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Coming into force in accordance with Regulation 1

The Secretary of State, in exercise of the powers conferred by section 93(1) and (2) of the Criminal Justice and Courts Act 2015(1), makes the following Regulations. In accordance with section 93(5) of that Act, a draft of the instrument was laid before Parliament, and approved by a resolution of each House of Parliament.

Citation and commencement

1.  These Regulations may be cited as the Criminal Justice and Courts Act 2015 (Consequential Amendment) Regulations 2019 and shall come into force on the day after the day on which they are made.

Amendment to section 267 of the Criminal Justice Act 2003

2.  In section 267 of the Criminal Justice Act 2003(2) (alteration by order of relevant proportion of sentence) for “section 264(6)(a)(ii)” substitute “section 264(6)(d)”.

Secretary of State for Justice

Ministry of Justice

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make a consequential amendment to section 267 of the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”). Section 267 allows for an order to modify the application of sections 264 (consecutive terms) of the 2003 Act, to alter the percentage of the proportion of a prisoner’s consecutive sentence that is to be served in custody.

The Criminal Justices and Courts Act 2015 (c.2) (“the 2015 Act”) introduced the sentence for persons of particular concern, inserting sections 236A and 244A into the 2003 Act. Schedule 1 of the 2015 Act also made consequential amendments in respect of the insertions, but a consequential amendment to section 267 was not made under Schedule 1 of the 2015 Act, nor on commencement of the provisions. That amendment is now being made in these Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2015 c.2.

(2)

2003 c.44. Section 267 of the Criminal Justice Act 2003 was amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 s 111(2), Sch 14, paras 5, 6(1), (3)(a), s 89(2), Sch 10, paras 12, 21(1), (3)(a), (3)(b), the Offender Rehabilitation Act 2014 s 7(1), Sch 3, paras 14, 18, and the Domestic Violence, Crime and Victims Act 2004, s 31, Sch 6, paras 1, 2(b).