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Schedules

Schedule 5Repeal of provisions relating to supervision after end of sentence: consequential provision

Section 34(3)

Part 1Amendments consequential on repeals made by section 34

Crime (Sentences) Act 1997

1

Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

2 (1)

Paragraph 6 (effect of transfer) is amended as follows.

(2)

In sub-paragraph (2)(b), for “, possible recall following release and any supervision default order” substitute “and possible recall following release”.

(3)

In sub-paragraph (2)(c), for “, possible recall and any supervision default order” substitute “and possible recall”.

(4)

In sub-paragraph (3), omit paragraph (c).

(5)

In sub-paragraph (4), omit the definition of “supervision default order”.

3 (1)

Paragraph 8 (restricted transfers from England and Wales to Scotland) is amended as follows.

(2)

In sub-paragraph (2)(a)—

(a)

omit “19A,”;

(b)

for “, 242 and 247” substitute “and 242”.

(3)

In sub-paragraph (4)(a)—

(a)

omit “19A,”;

(b)

for “sections 242 and 247” substitute “section 242”.

(4)

In sub-paragraph (8)—

(a)

omit paragraphs (b) and (c) (and the “and” at the end of paragraph (b));

(b)

in the words after paragraph (c), for “paragraphs 8A, 19A and 19B” substitute “paragraph 19A”.

(5)

In sub-paragraph (9)—

(a)

in paragraph (a), for “256AA to 256E of, and Schedule 19A to,” substitute “256B to 256E of”;

(b)

omit paragraphs (b) and (c) (and the “and” at the end of paragraph (b)).

(6)

In the Table in sub-paragraph (10), omit the entry for “Young offender institution”.

(7)

Omit sub-paragraphs (11) and (12).

4

Omit paragraph 8A (further provision about supervision default orders) and the italic heading before it.

5 (1)

Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows.

(2)

In sub-paragraph (2)(a), for “, 242 and 247” substitute “and 242”.

(3)

In sub-paragraph (4)(a), for “sections 242 and 247” substitute “section 242”.

(4)

Omit sub-paragraphs (9) to (12).

6

Omit paragraph 19B (electronic monitoring in Scotland of requirements in supervision default order) and the italic heading before it.

7

In paragraph 20(1) (interpretation), in the definition of “supervision”, omit paragraph (d) (but not the “or” at the end of it).

Crime and Disorder Act 1998

8

In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice services”)—

(a)

omit paragraph (ha);

(b)

omit paragraph (ib).

Criminal Justice Act 2003

9 (1)

The Criminal Justice Act 2003 is amended as follows.

(2)

In section 256D (drug testing requirements), in subsections (1) and (2), for “this Chapter” substitute “section 256B”.

(3)

In section 256E (drug appointment requirements), in subsections (1) and (2), for “this Chapter” substitute “section 256B”.

(4)

In section 264 (consecutive terms)—

(a)

in subsection (3C), omit paragraph (b);

(b)

omit subsection (3D).

(5)

In section 268 (interpretation)—

(a)

in subsection (1)—

(i)

omit the definition of “offender subject to supervision under this Chapter”;

(ii)

omit the definition of “supervision default order”;

(iii)

omit the definition of “the supervision period”;

(iv)

in the definition of “the supervisor”, omit paragraph (a) (and the “and” at the end of that paragraph);

(b)

in subsection (2), omit “256AA(1),”.

(6)

In section 302 (execution of process between England and Wales and Scotland)—

(a)

omit “section 256AC(1) or (3),”;

(b)

omit “paragraph 8(1) or 10(5) of Schedule 19A,” (and the “or” that appears before those words).

(7)

In section 330(5)(a) (orders subject to affirmative procedure)—

(a)

omit “section 256AB(4),”;

(b)

omit “paragraph 6 of Schedule 19A,”.

(8)

In Schedule 20B (modifications of Chapter 6 of Part 12 in certain transitional cases)—

(a)

in paragraph 22, omit sub-paragraph (3A);

(b)

in paragraph 33, omit sub-paragraph (4).

Offender Management Act 2007

10

In section 4(3) of the Offender Management Act 2007 (restriction on arrangements for the provision of probation services)—

(a)

at the end of paragraph (a) insert “or”;

(b)

omit paragraph (c) (and the “or” before it).

Sentencing Code

11 (1)

The Sentencing Code is amended as follows.

(2)

In section 45 (occasions where criminal courts charge duty arises), omit paragraph (c).

(3)

In section 46(2) (criminal courts charge duty), in the definition of “relevant failure”—

(a)

at the end of paragraph (a), insert “or”;

(b)

omit paragraph (c) (and the “or” before it).

(4)

In section 238(3) (offender subject to more than one order), omit “and 247”.

(5)

In section 248(2) (interpretation), for “, 242 and 247” substitute “and 242”.

Part 2Repeal of provision which inserts or amends provision repealed by section 34 or Part 1 of this Schedule

Offender Rehabilitation Act 2014

12 (1)

The Offender Rehabilitation Act 2014 is amended as follows.

(2)

In section 2, omit subsections (2) and (4)(a).

(3)

Omit section 3.

(4)

In section 5, omit subsections (6) to (8).

(5)

In Schedule 1, omit Part 1.

(6)

Omit Schedule 2.

(7)

In Schedule 3, omit—

(a)

paragraph 2(2), (3) and (5);

(b)

paragraph 4;

(c)

paragraph 5(5);

(d)

paragraph 9(2);

(e)

in paragraph 23(4)—

(i)

the definition of “offender subject to supervision under this Chapter”;

(ii)

the definition of “supervision default order”;

(iii)

the definition of “the supervision period”;

(f)

paragraph 24(4);

(g)

paragraph 25.

Criminal Justice and Courts Act 2015

13 (1)

The Criminal Justice and Courts Act 2015 is amended as follows.

(2)

In Schedule 1, omit paragraph 18.

(3)

In Schedule 12, omit paragraph 14.

Sentencing Act 2020

14 (1)

Schedule 24 to the Sentencing Act 2020 is amended as follows.

(2)

In paragraph 149, omit—

(a)

sub-paragraph (3)(d) to (f);

(b)

sub-paragraph (4)(c);

(c)

sub-paragraph (5)(c).

(3)

In paragraph 154—

(a)

omit paragraph (c);

(b)

omit paragraph (e).

(4)

Omit paragraphs 229 to 231.

(5)

Omit paragraph 248.

(6)

In paragraph 262, omit paragraph (c).

Terrorist Offenders (Restriction of Early Release) Act 2020

15

In the Terrorist Offenders (Restriction of Early Release) Act 2020, omit section 7(3).

Police, Crime, Sentencing and Courts Act 2022

16

In the Police, Crime, Sentencing and Courts Act 2022, omit section 150(8).