Crime and Disorder Act 1998

Magistrates’ Courts Act 1980 (c.43) U.K.

Valid from 01/04/2000

39 E+W In subsection (3) of section 11 of the 1980 Act (certain sentences and orders not to be made in absence of accused), for the words “secure training order” there shall be substituted the words “ detention and training order ”.

40 (1) In subsection (1)(a) of section 24 of the 1980 Act (summary trial of information against child or young person for indictable offence), for the words “that subsection” there shall be substituted the words “ subsection (3) of that section ”. E+W

(2) In subsection (2) of that section, for the words from “that other offence” to the end there shall be substituted the words “ the charges for both offences could be joined in the same indictment ”.

Commencement Information

I1 Sch. 8 para. 40 wholly in force; Sch. 8 para. 40 not in force at Royal Assent see s. 121; Sch. 8 para. 40(1) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8); Sch. 8 para. 40(2) in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); Sch. 8 para. 40(2) in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)

Valid from 01/04/2000

41 E+W Section 37 of the 1980 Act (committal to Crown Court with a view to greater term of detention in a young offender institution) shall cease to have effect.

42 E+W In subsection (1) of section 65 of the 1980 Act (meaning of “family proceedings”), after paragraph (p) there shall be inserted the following paragraph—

“(q) sections 11 and 12 of the Crime and Disorder Act 1998;”.

Commencement Information

I2 Sch. 8 para. 42 wholly in force; Sch. 8 para. 42 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)

43 E+W In subsection (2) of section 108 of the 1980 Act (right of appeal to the Crown Court), the words “a probation order or” shall cease to have effect.

Commencement Information

I3 Sch. 8 para. 43 wholly in force; Sch. 8 para. 43 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)

44 In subsection (4)(c) of section 125 of the 1980 Act (warrants)—

(a) the word “and” at the end of sub-paragraph (ii) shall cease to have effect;

(b) in sub-paragraph (iii), for the words “or 97 above” there shall be substituted the words “ , 97 or 97A above; and ”; and

(c) after that sub-paragraph there shall be inserted the following sub-paragraph—

“(iv) paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998.”

Commencement Information

I4 Sch. 8 para. 44 wholly in force; Sch. 8 para. 44 not in force at Royal Assent, see s. 121; Sch. 8 para. 44 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); Sch. 8 para. 44 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)

45 U.K. In section 126 of the 1980 Act (execution of certain warrants outside England and Wales)—

(a) the word “and” at the end of paragraph (c) shall cease to have effect;

(b) after that paragraph there shall be inserted the following paragraph—

“(cc) warrants of arrest issued under section 97A above;”; and

(c) after paragraph (d) there shall be inserted the words “; and

(e) warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998.”

Commencement Information

I5 Sch. 8 para. 45 wholly in force; Sch. 8 para. 45 not in force at Royal Assent, see s. 121; Sch. 8 para. 45 in force at 4.1.1999 for the purpose of sending any person for trial under s. 51 from any area specified in Sch. 2 of the said S.I. by S.I. 1998/2327, art. 4(2); Sch. 8 para. 45 in force at 15.1.2001 to the extent that it is not already in force by S.I. 2000/3283, art. 2 (subject to transitional provisions in art. 3)

46 At the beginning of subsection (1) of section 133 of the 1980 Act (consecutive terms of imprisonment) there shall be inserted the words “ Subject to section 102 of the Crime and Disorder Act 1998, ”.

Commencement Information

I6 Sch. 8 para. 46 wholly in force; Sch. 8 para. 46 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)