Criminal Justice Act 2003

Section 333(6)

SCHEDULE 38 Transitory, transitional and saving provisions

Sentencing of offenders aged 18 but under 21

1 If any provision of Part 12 (“the relevant provision”) is to come into force before the day on which section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life, etc.) comes into force (or fully into force) the provision that may be made by order under section 333(1) includes provision modifying the relevant provision with respect to sentences passed, or other things done, at any time before section 61 of that Act comes into force (or fully into force).

Sentencing guidelines

2 The repeal by this Act of sections 80 and 81 of the Crime and Disorder Act 1998 does not affect the authority of any guidelines with respect to sentencing which have been included in any judgment of the Court of Appeal given before the commencement of that repeal (“existing guidelines”), but any existing guidelines may be superseded by sentencing guidelines published by the Sentencing Guidelines Council under section 170 of this Act as definitive guidelines.

3 (1) Subject to sub-paragraph (2), the repeal by this Act of section 81 of the Crime and Disorder Act 1998 does not affect the operation of subsection (4) of that section in relation to any notification received by the Panel under subsection (2) of that section, or proposal made by the Panel under subsection (3) of that section, before the commencement of the repeal.

(2) In its application by virtue of sub-paragraph (1) after the commencement of that repeal, section 81(4) of that Act is to have effect as if any reference to “the Court” were a reference to the Sentencing Guidelines Council.

(3) In this paragraph “the Panel” means the Sentencing Advisory Panel.

Drug treatment and testing orders

4 A drug treatment and testing order made under section 52 of the Powers of Criminal Courts (Sentencing) Act 2000 before the repeal of that section by this Act is in force (or fully in force) need not include the provision referred to in subsection (6) of section 54 of that Act (periodic review by court) if the treatment and testing period (as defined by section 52(1) of that Act) is less than 12 months.

Drug testing as part of supervision of young offenders after release

5 (1) Until the coming into force of the repeal by this Act of section 65 of the Criminal Justice Act 1991 (c. 53) (supervision of young offenders after release), that section has effect subject to the following modifications.

(2) In subsection (5B)—

(a) in paragraph (a), for “18 years” there is substituted “14 years”,

(b) for paragraph (b) there is substituted—

“(b) a responsible officer is of the opinion—

(i) that the offender has a propensity to misuse specified Class A drugs, and

(ii) that the misuse by the offender of any specified Class A drug caused or contributed to any offence of which he has been convicted, or is likely to cause or contribute to the commission by him of further offences; and”.

(3) After subsection (5D) there is inserted—

“(5E) A person under the age of 17 years may not be required by virtue of subsection (5A) to provide a sample otherwise than in the presence of an appropriate adult.”

(4) For subsection (10) there is substituted—

“(10) In this section—

• “appropriate adult”, in relation to a person aged under 17, means—

  (a)

  his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

  (b)

  a social worker of a local authority social services department, or

  (c)

  if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

• “responsible officer” means—

  (a)

  in relation to an offender aged under 18, an officer of a local probation board or a member of a youth offending team;

  (b)

  in relation to an offender aged 18 or over, an officer of a local probation board;

• “specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43).”

Intermittent custody

6 If section 183 (intermittent custody) is to come into force for any purpose before the commencement of the repeal by this Act of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (which imposes a general limit on the power of a magistrates' court to impose imprisonment), the provision that may be made by order under section 333(1) includes provision modifying any period or number of days specified in section 183 with respect to sentences passed by magistrates' courts before the commencement of that repeal.

Transfer to Scotland of community orders and suspended sentence orders

7 (1) Until the coming into force of the repeal by the Mental Health (Care and Treatment) (Scotland) Act 2003 of the Mental Health (Scotland) Act 1984 (c. 36), in the provisions mentioned in sub-paragraph (2) the reference to the Mental Health (Care and Treatment) (Scotland) Act 2003 has effect as a reference to the Mental Health (Scotland) Act 1984.

(2) Those provisions are—

(a) paragraph 2(4) of Schedule 9 (transfer of community orders to scotland or Northern Ireland), and

(b) paragraph 4 of Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland).