Criminal Justice Bill – in a Public Bill Committee am 4:34 pm ar 4 Mawrth 2003.
General
1 Any reference to the offender is, in relation to a default order, to be read as a reference to the person in default.
Unpaid work requirement
2 (1) In its application to a default order, section 179 (unpaid work requirement) is modified as follows.
(2) In subsection (2), for paragraphs (a) and (b) there is substituted—
''(a) not less than 20 hours, and
(b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column
Amount Number of Hours An amount not exceeding £200 40 hours An amount exceeding £200 but not exceeding £500 60 hours An amount exceeding £500 100 hours''
(3) Subsection (5) is omitted.
Curfew requirement
3 (1) In its application to a default order, section 184 (curfew requirement) is modified as follows.
(2) After subsection (2) there is inserted—
''(2A) In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.
Amount Number of Days An amount not exceeding £200 20 days An amount exceeding £200 but not exceeding £500 30 days An amount exceeding £500 but not exceeding £1,000 60 days An amount exceeding £1,000 but not exceeding £2,500 90 days An amount exceeding £2,500 180 days''
Enforcement, revocation and amendment of default order
4 (1) In its application to a default order, Schedule 7 (breach, revocation or amendment of community orders) is modified as follows.
(2) Any reference to the offence in respect of which the community order was made is to be taken to be a reference to the default in respect of which the default order was made.
(3) Any power of the court to deal with the offender in any way in which it could deal with him if he had just been convicted of the offence is to be taken to be a power to deal with him in any way in which the court which made the default order could deal with him for his default in paying the sum in question.
(4) In paragraph 4 the reference to the Crown Court is to be taken as a reference to a magistrates' court.
(5) The following provisions are omitted—
(a) paragraph 9(1)(c), (5) and (8),
(b) paragraph 12,
(c) paragraph 13(5),
(d) paragraph 15,
(e) paragraph 17(5),
(f) paragraph 21(4), and
(g) paragraph 23(2)(b).
Power to alter numbers of hours or days
5 The Secretary of State may by order amend paragraph 2 or 3 by substituting for any number of hours or days there specified such other number as may be specified in the order.'
Transfer of default orders to Scotland or Northern Ireland
6 In its application to a default order, Schedule (Transfer of community orders to Scotland or Northern Ireland) (transfer of community orders to Scotland or Northern Ireland) is modified as follows.
7 After paragraph 8 there is inserted—
''8A Nothing in paragraph 8 affects the application of section (Power to impose unpaid work requirement or curfew requirement on fine defaulter)(7) to a default order made or amended in accordance with paragraph 1 or 3.''
8 In paragraph 10, for paragraphs (a) and (b) there is substituted—
''(a) section 232(2)(b), 233, 239(5)(a) or (b), 240(1)(c) or (d), or 240 of, or paragraph 1 of Schedule 6 to, the Criminal Procedure (Scotland) Act 1995;
(b) paragraph 3(1)(a) or (d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996; and''.'—[Hilary Benn.]
Brought up, read the First and Second time, and added to the Bill.
