Powers of Criminal Courts (Sentencing) Act 2000

Section 165.

SCHEDULE 10E+W Transitory modifications

Section 8E+W

1(1)This paragraph applies if paragraph 11 of Schedule 13 to the M1Access to Justice Act 1999 has not come into force before the commencement of this Act.E+W

(2)If this paragraph applies, then until the relevant commencement date section 8(4) and (10) of this Act shall each have effect as if for the words “justices’ chief executive for” there were substituted “ clerk of ”.

2(1)This paragraph applies if paragraph 5 of Schedule 4 to the M2Youth Justice and Criminal Evidence Act 1999 has not come into force before the commencement of this Act.E+W

(2)If this paragraph applies, then until the appointed day section 8 of this Act shall have effect as if the words from “the case” in subsection (6) to “but” in subsection (8) were omitted.

(3)In this paragraph “the appointed day” means—

(a)if before the commencement of this Act an order has been made appointing a day for the coming into force of paragraph 5 of Schedule 4 to the M3Youth Justice and Criminal Evidence Act 1999, the day so appointed;

(b)otherwise, such day as the Secretary of State may by order appoint.

Section 13E+W

3(1)This paragraph applies if paragraph 84 of Schedule 13 to the M4Access to Justice Act 1999 has not come into force before the commencement of this Act.E+W

(2)If this paragraph applies, then until the relevant commencement date section 13(5) of this Act shall have effect as if for the words “justices’ chief executive” there were substituted “ clerk of the court ”.

Sections 63 and 66 and Schedule 7E+W

F14E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 67E+W

F15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 69E+W

F16E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 73E+W

7(1)This paragraph applies if paragraph 29 of Schedule 4 to the M5Youth Justice and Criminal Evidence Act 1999 has not come into force before the commencement of this Act.E+W

(2)If this paragraph applies, then until the appointed day section 73(4) of this Act shall have effect as if for the words “, an action plan order or a referral order” there were substituted “ or an action plan order ”.

(3)In this paragraph “the appointed day” means—

(a)if before the commencement of this Act an order has been made appointing a day for the coming into force of paragraph 29 of Schedule 4 to the M6Youth Justice and Criminal Evidence Act 1999, the day so appointed;

(b)otherwise, such day as the Secretary of State may by order appoint.

Section 83E+W

8(1)This paragraph applies if—E+W

(a)paragraphs 9 and 25 of Schedule 4 to the M7Access to Justice Act 1999, and

(b)the repeals made by Part I of Schedule 15 to that Act in section 21 of the M8Powers of Criminal Courts Act 1973 and section 3 of the M9Criminal Justice Act 1982,

have not come into force before the commencement of this Act.

(2)If this paragraph applies, then until the relevant commencement date section 83 of this Act shall have effect as if—

(a)for paragraph (a) of subsection (3) there were substituted the following paragraph—

“(a)he applied for legal aid and had his application refused on the ground that it did not appear his resources were such that he required assistance; or”;

and

(b)in paragraph (b) of that subsection, for the words “such representation” there were substituted “ legal aid ”.

(3)If this paragraph applies, then until the relevant commencement date section 83 of this Act shall also have effect as if after subsection (4) there were inserted the following subsection—

“(4A)In this section “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to sentence; but in the case of a person committed to the Crown Court for sentence or trial or sent to that court for trial under section 51 of the M10Crime and Disorder Act 1998 it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed or se t him.”

Sections 122 and 124E+W

9(1)This paragraph applies if paragraph 85 of Schedule 13 to the M11Access to Justice Act 1999 has not come into force before the commencement of this Act.E+W

(2)If this paragraph applies, then until the relevant commencement date sections 122(6) and 124(4) of this Act shall each have effect as if for the words “justices’ chief executive” there were substituted “ clerk to the justices ”.

Section 150E+W

10(1)This paragraph applies if paragraph 20 of Schedule 4 to the M12Youth Justice and Criminal Evidence Act 1999 has not come into force before the commencement of this Act.E+W

(2)If this paragraph applies, then until the appointed day section 150(1) of this Act shall have effect as if the words from “but this subsection” onwards were omitted.

(3)In this paragraph “the appointed day” means—

(a)if before the commencement of this Act an order has been made appointing a day for the coming into force of paragraph 20 of Schedule 4 to the M13Youth Justice and Criminal Evidence Act 1999, the day so appointed;

(b)otherwise, such day as the Secretary of State may by order appoint.

Section 155E+W

11(1)This paragraph applies if paragraph 24 of Schedule 4 to the M14Access to Justice Act 1999 has not come into force before the commencement of this Act.E+W

(2)If this paragraph applies, then until the relevant commencement date section 155(8) of this Act shall have effect as if for the words “an order under section 17(2) of the Access to Justice Act 1999” there were substituted “ a contribution order made under section 23 of the M15Legal Aid Act 1988 ”.

Schedule 3E+W

F212E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 5E+W

F213E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 6E+W

F214E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F215E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “the relevant commencement date”, etc.E+W

16(1)Subject to sub-paragraph (2) below, in any of the preceding paragraphs “the relevant commencement date” means such day as the Lord Chancellor may by order made by statutory instrument appoint in relation to that paragraph; and different days may be appointed for different purposes.E+W

(2)Where—

(a)a provision of the M16Access to Justice Act 1999 referred to in sub-paragraph (1) of paragraph 1, 3, 4, 5, 8, 9, 11, 12, 13 or 15 above has not come into force before the commencement of this Act, but

(b)before the commencement of this Act an order under the M17Access to Justice Act 1999 has been made appointing a day for the coming into force of that provision,

17E+WAn order under any of paragraphs 2, 6, 7, 10 and 14 above may appoint different days for different purposes or different areas.

Power to make transitional provisionE+W

18E+WSection 160(6) of this Act does not apply to an order made by the Secretary of State under any of the preceding provisions of this Schedule, but—

(a)an order under paragraph 14 or 16(1) above may make such transitional provisions and savings as appear to the Secretary of State or the Lord Chancellor necessary or expedient; and

(b)an order under any of paragraphs 2, 6, 7 and 10 above may make such provision as, by virtue of section 64(4) of the M18Youth Justice and Criminal Evidence Act 1999 (regulations and orders), is authorised to be made by an order under section 68(3) of that Act (commencement).

Saving for old transitional provisionsE+W

19(1)This paragraph applies to any transitional provision or saving (“the transitional provision”) made in connection with the coming into force of a provision of the Access to Justice Act 1999, the Youth Justice and Criminal Evidence Act 1999 or the M19Crime and Disorder Act 1998 mentioned in sub-paragraph (1) of any of paragraphs 1 to 15 above (“the old enactment”).E+W

(2)If the old enactment is in force before the commencement of the provision of this Act reproducing its effect (“the corresponding provision of this Act”), the transitional provision shall continue to have effect (so far as capable of doing so) in relation to the corresponding provision of this Act.

(3)If—

(a)sub-paragraph (2) above does not apply, but

(b)before the commencement of this Act an order has been made appointing a day for the coming into force of the old enactment,

the transitional provision shall, from the day so appointed, have effect in relation to the corresponding provision of this Act.