Crime and Disorder Act 1998

Crime (Sentences) Act 1997 (c.43) E+W

47 Section 1 of the 1997 Act (conditions relating to mandatory and minimum custodial sentences) shall cease to have effect.

48 (1) In subsection (2) of section 3 of the 1997 Act (minimum of seven years for third class A drug trafficking offence)—

(a) for the words “specific circumstances” there shall be substituted the words “ particular circumstances ”; and

(b) for the words “the prescribed custodial sentence unjust” there shall be substituted the words “ it unjust to do so ”.

(2) In subsection (3) of that section, for the words “specific circumstances” there shall be substituted the words “ particular circumstances ”.

49 (1) In subsection (2) of section 4 of the 1997 Act (minimum of three years for third domestic burglary)—

(a) for the words “specific circumstances” there shall be substituted the words “ particular circumstances ”; and

(b) for the words “the prescribed custodial sentence unjust” there shall be substituted the words “ it unjust to do so ”.

(2) In subsection (3) of that section, for the words “specific circumstances” there shall be substituted the words “ particular circumstances ”.

50 (1) In subsection (2)(a) of section 35 of the 1997 Act (community sentences for fine defaulters), for the words “and (11)” there shall be substituted the words “ , (10) and (11) ”.

(2) In subsection (5) of that section, paragraph (c) shall cease to have effect.

(3) In that subsection, the word “and” at the end of paragraph (d) shall cease to have effect and after paragraph (e) there shall be added the following paragraphs—

“(f) the reference in paragraph 7(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(g) the power conferred by paragraph 7(2)(a)(ii) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(h) paragraph 8(2)(b) of that Schedule shall not apply.”

(4) In subsection (7) of that section, for the words “section 12(5)” there shall be substituted the words “ section 12(6) ”.

(5) In subsection (8) of that section, the word “and” at the end of paragraph (a) shall cease to have effect and after paragraph (b) there shall be added the following paragraphs—

“(c) the reference in paragraph 7(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;

(d) the power conferred by paragraph 7(2)(a)(ii) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and

(e) paragraph 8(2)(b) of that Schedule shall not apply.”

(6) In subsection (10) of that section, for the words “subsection (2)(b)” there shall be substituted the words “ subsection (2)(a) or (b) ”.

51 (1) In subsection (3) of section 37 of the 1997 Act (community sentences for persistent petty offenders)—

(a) in paragraph (a), for the words “(4) and (6)” there shall be substituted the words “ (4), (5A) and (6) ”; and

(b) in paragraph (b), for the words “(5) and (6)” there shall be substituted the words “ (5), (5A) and (6) ”.

(2) For subsections (4) and (5) of that section there shall be substituted the following subsections—

“(4) In this section “community service order” has the same meaning as in the 1973 Act and—

(a) section 14(2) of that Act; and

(b) so far as applicable, the other provisions of that Act relating to community service orders and the provisions of Part I of the 1991 Act so relating,

shall have effect in relation to an order under subsection (3)(a) above as they have effect in relation to a community service order made under the 1973 Act in respect of an offender.

(5) In this section “curfew order” has the same meaning as in Part I of the 1991 Act and—

(a) section 12(6) of that Act; and

(b) so far as applicable, the other provisions of that Part relating to curfew orders,

shall have effect in relation to an order under subsection (3)(b) above as they have effect in relation to a curfew order made under that Act in respect of an offender.

(5A) A court shall not make an order under subsection (3)(a) or (b) above in respect of a person who on conviction is under 16.”

52 In section 50 of the 1997 Act (disclosure of pre-sentence reports), after subsection (6) there shall be added the following subsection—

“(7) In this section “guardian” has the same meaning as in the 1933 Act.”

53 E+W In section 54 of the 1997 Act (general interpretation), after subsection (3) there shall be added the following subsection—

“(4) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence.”

54 E+W In section 55(2) of the 1997 Act (interpretation of minor and consequential amendments), for the words “in any case where” (in both places where they occur) there shall be substituted the word “ and ”.