Powers of Criminal Courts (Sentencing) Act 2000

Drug Trafficking Act 1994 (c. 37)

163 In section 2 of the Drug Trafficking Act 1994 (confiscation orders), in subsection (5), for “section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000”.

164 In section 3(10) of the Drug Trafficking Act 1994 (variation of sentence on postponed determination), for “section 47(2) or (3) of the Supreme Court Act 1981” there shall be substituted “section 155(1) or (2) of the Powers of Criminal Courts (Sentencing) Act 2000”.

165 In section 6(3) of the Drug Trafficking Act 1994 (meaning of “realisable property”), for “section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000”.

166 (1) Section 9 of the Drug Trafficking Act 1994 (application of procedure for enforcing fines) shall be amended as follows.

(2) In subsection (1), for the words from “sections 31(1)” to “1973” there shall be substituted “sections 139(1) to (4) and 140(1) to (3) of the Powers of Criminal Courts (Sentencing) Act 2000”.

(3) In subsection (2), for “section 9 of the Criminal Justice Act 1982” there shall be substituted “section 108 of the 2000 Act”.

(4) In subsection (3)—

(a) for the words “, detention in a young offender institution, or detention under section 4 of the 1982 Act” there shall be substituted “or detention in a young offender institution”;

(b) for “section 22(1) of the 1973 Act” there shall be substituted “section 118(1) of the 2000 Act”; and

(c) for “section 31(2) of the 1973 Act” there shall be substituted “section 139(2) of the 2000 Act”.

167 (1) Section 10 of the Drug Trafficking Act 1994 (interest on sums unpaid under confiscation orders) shall be amended as follows.

(2) In subsection (1), for “section 31(1) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 139(1) of the Powers of Criminal Courts (Sentencing) Act 2000”.

(3) In subsection (2)—

(a) for “section 31 of the 1973 Act” there shall be substituted “section 139 of the 2000 Act”; and

(b) for “subsection (3A)” there shall be substituted “subsection (4)”.

168 (1) Section 15 of the Drug Trafficking Act 1994 (revised assessment of proceeds of drug trafficking) shall be amended as follows.

(2) In subsection (13), for “section 31(2) of the Powers of Criminal Courts Act 1973” there shall be substituted “section 139(2) of the Powers of Criminal Courts (Sentencing) Act 2000”.

(3) In subsection (14), for “section 31(3A) of the 1973 Act” there shall be substituted “section 139(4) of the 2000 Act”.

169 In section 16(4) of the Drug Trafficking Act 1994 (increase in realisable property)—

(a) for “section 31 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 139 of the Powers of Criminal Courts (Sentencing) Act 2000”; and

(b) for “subsection (3A)” there shall be substituted “subsection (4)”.

170 In section 17(4) of the Drug Trafficking Act 1994 (inadequacy of realisable property), for “section 31 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 139 of the Powers of Criminal Courts (Sentencing) Act 2000”.

171 (1) Section 19 of the Drug Trafficking Act 1994 (powers of High Court where defendant has absconded or died) shall be amended as follows.

(2) In subsection (7)—

(a) for “the 1973 Act” there shall be substituted “the 2000 Act”; and

(b) for “section 32(1)(b)” there shall be substituted “section 140(1)(b)”.

(3) In subsection (8), for “sections 31(1) and 32(1) of the 1973 Act” there shall be substituted “sections 139(1) and 140(1) of the 2000 Act”.

172 In section 20(1) of the Drug Trafficking Act 1994 (effect of conviction where High Court has acted under section 19), for “section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000”.

173 In section 21(5) of the Drug Trafficking Act 1994 (variation of confiscation orders made by virtue of section 19), for “section 31(2) of the Powers of Criminal Courts Act 1973” there shall be substituted “subsection (2) of section 139 of the Powers of Criminal Courts (Sentencing) Act 2000”.