Office of Public Sector Information
PART III continued
(1) This section applies where a court obtains a pre-sentence report within the meaning of Part I of the 1991 Act.
(2) Subject to subsections (3) and (4) below, the court shall give a copy of the report—
(a) to the offender or his counsel or solicitor; and
(b) to the prosecutor, that is to say, the person having the conduct of the proceedings in respect of the offence.
(3) If the offender is under 17 and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.
(4) If the prosecutor is not of a description prescribed by order made by the Secretary of State, a copy of the report need not be given to the prosecutor if the court considers that it would be inappropriate for him to be given it.
(5) No information obtained by virtue of subsection (2)(b) above shall be used or disclosed otherwise than for the purpose of—
(a) determining whether representations as to matters contained in the report need to be made to the court; or
(b) making such representations to the court.
(6) The power to make orders under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
After section 38 of the 1980 Act there shall be inserted the following section—
(1) This section applies where—
(a) a person who is 18 or over appears or is brought before a magistrates' court (“the court”) on an information charging him with an offence triable either way (“the offence”);
(b) he or his representative indicates that he would plead guilty if the offence were to proceed to trial; and
(c) proceeding as if section 9(1) above was complied with and he pleaded guilty under it, the court convicts him of the offence.
(2) If the court has committed the offender to the Crown Court for trial for one or more related offences, that is to say, one or more offences which, in its opinion, are related to the offence, it may, in accordance with section 56 of the Criminal Justice Act 1967, commit him in custody or on bail to the Crown Court to be dealt with in respect of the offence in accordance with the provisions of section 42 of the Powers of Criminal Courts Act 1973.
(3) If the power conferred by subsection (2) above is not exercisable but the court is still to inquire, as examining justices, into one or more related offences—
(a) it shall adjourn the proceedings relating to the offence until after the conclusion of its inquiries; and
(b) if it commits the offender to the Crown Court for trial for one or more related offences, it may then exercise that power.
(4) Where the court—
(a) commits the offender to the Crown Court to be dealt with in respect of the offence; and
(b) does not state that, in its opinion, it also has power so to commit him under section 38(2) above,
the provisions of section 42 of the Powers of Criminal Courts Act 1973 shall not apply unless he is convicted before the Crown Court of one or more of the related offences.
(5) Where those provisions of that section do not apply, the Crown Court shall have power to deal with the offender in respect of the offence in any manner in which the court might have dealt with him.
(6) For the purposes of this section one offence is related to another if, were they both to be prosecuted on indictment, the charges for them could be joined in the same indictment.”
In subsection (1) of section 1 of the [1960 c. 33.] Indecency with Children Act 1960 (indecent conduct towards young child), for the words “two years” there shall be substituted the words “ten years”.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(1) In this Act—
“the 1933 Act” means the [1933 c. 12.] Children and Young Persons Act 1933;
“the 1969 Act” means the [1969 c. 54.] Children and Young Persons Act 1969;
“the 1973 Act” means the [1973 c. 62.] Powers of Criminal Courts Act 1973;
“the 1980 Act” means the [1980 c. 43.] Magistrates' Courts Act 1980;
“the 1982 Act” means the [1982 c. 48.] Criminal Justice Act 1982;
“the 1983 Act” means the [1983 c. 20.] Mental Health Act 1983;
“the 1991 Act” means the [1991 c. 53.] Criminal Justice Act 1991.
(2) Any reference in this Act to the commencement of Chapter I of Part II of this Act is a reference to the commencement of the provisions of that Chapter other than sections 9, 20 and 21 above.
(3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Act to have been committed on the last of those days.
(1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.
(2) For the purposes of any of those enactments as so amended—
(a) a sentence falls to be imposed under subsection (2) of section 2, 3 or 4 above if it is required by that subsection in any case where the court is not of the opinion there mentioned; and
(b) a sentence falls to be imposed under subsection (3A) of section 70 of the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955 or subsection (1A) of section 42 of the [1957 c. 53.] Naval Discipline Act 1957 if it is required by that subsection in any case where the court-martial is not of the opinion there mentioned.
(1) The transitional provisions and savings contained in Schedule 5 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (which relate to the effect of repeals).
(2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(1) This Act may be cited as the Crime (Sentences) Act 1997.
(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
(3) Without prejudice to the provisions of Schedule 5 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.
(4) Subject to subsections (5) to (8) below, this Act extends to England and Wales only.
(5) The following provisions of this Act extend to Scotland, Northern Ireland and the Channel Islands, namely—
(a) section 41 and Schedule 1; and
(b) section 56(2) and Schedule 6 so far as relating to the repeal of Part III of the [1961 c. 39.] Criminal Justice Act 1961.
(6) The following provisions of this Act extend to Scotland, namely—
(a) section 45;
(b) paragraphs 1 and 5 to 8 of Schedule 2 and section 42 so far as relating to those paragraphs;
(c) paragraphs 1 and 6 to 10 of Schedule 3 and section 48 so far as relating to those paragraphs;
(d) paragraph 16 of Schedule 4 to this Act and section 55 so far as relating to that paragraph; and
(e) paragraphs 9, 11 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.
(7) The following provisions of this Act extend to Northern Ireland, namely—
(a) paragraphs 1, 9 and 10 of Schedule 2 and section 42 so far as relating to those paragraphs;
(b) paragraphs 2, 3, 7 and 8 of Schedule 3 and section 48 so far as relating to those paragraphs; and
(c) paragraphs 10 and 12 of Schedule 5 and section 56(1) so far as relating to those paragraphs.
(8) Nothing in subsection (4) above affects the extent of this Act in so far as it—
(a) confers a power or imposes a duty on a court-martial or a Standing Civilian Court; or
(b) amends any provision of the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957.
Crime (Sentences) Act 1997