The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012
S.I. 2012/2824 · Made 8 November 2012 · Extends to United Kingdom
Children And Young Persons, England And Wales
Criminal Law, England And Wales
Defence
Made 8th November 2012
Laid before Parliament 12th November 2012
Coming into force 3rd December 2012
The Secretary of State makes the following Regulations in exercise of the power conferred by section 149(1) and (2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f1.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Amendments of the Children (Secure Accommodation) Regulations 1991 and saving provision
- 3Amendments of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005
- 4Amendments of the Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008
- 5Amendments of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 Repealed
- 6Amendments of the Criminal Justice Act 2003 (Surcharge) Order 2012
- Signature
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 and come into force on 3rd December 2012.
2Amendments of the Children (Secure Accommodation) Regulations 1991 and saving provisionI1
The Children (Secure Accommodation) Regulations 1991f1 are amended as follows.
In regulation 6(1)(b) (modification of section 25 of the Children Act 1989f2 in relation to children looked after by a local authority by virtue of being remanded to local authority accommodation), for “section 23 of the Children and Young Persons Act 1969 (remand to local authority accommodation)” substitute “section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children to local authority accommodation)”.
In regulation 13 (maximum periods of authorisation by court for remanded children), for “section 23 of the Children and Young Persons Act 1969” substitute “section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
The amendments made by paragraphs (2) and (3) are of no effect in relation to proceedings in which a child is subject to a pre-commencement remand.
A pre-commencement remand is a remand which—
commenced before 3rd December 2012; and
is a remand—
to prison by virtue of section 27(1) of the Criminal Justice Act 1948f3;
to local authority accommodation by virtue of section 23(1) or (1A) of the Children and Young Persons Act 1969f4; or
to prison by virtue of section 23(1) of the Children and Young Persons Act 1969 as modified by section 98 of the Crime and Disorder Act 1998f5.
3Amendments of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005I1
In article 3 of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005f1, omit—
paragraph (4)(b) and (c); and
paragraph (5).
The coming into force of paragraph (1) is of no effect in relation to a person convicted before 3rd December 2012.
4Amendments of the Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008I1
Omit article 2(2) and (3) of the Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008f1.
The coming into force of paragraph (1) is of no effect in relation to a person convicted before 3rd December 2012.
5Amendments of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6Amendments of the Criminal Justice Act 2003 (Surcharge) Order 2012I1
In table 2 in the Schedule to the Criminal Justice Act 2003 (Surcharge) Order 2012f1—
in the fifth entry, in column 1 (which relates to suspended sentences of imprisonment), omit the words “but not more than 12 months”; and
omit the penultimate entry (which relates to sentences of imprisonment for public protection or detention in a young offender institution for public protection).
The coming into force of paragraph (1)(b) is of no effect in relation to a person convicted before 3rd December 2012.
Signature
Signed by the authority of the Secretary of State
Jeremy Wright
Parliamentary Under Secretary of State
Ministry of Justice
8th November 2012
Explanatory note
(This note is not part of the Regulations)
These Regulations are made under section 149(1) and (2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (“the Act”).
Regulation 2 makes amendments which are consequential on Chapter 3 of Part 3 of the Act (remand of children otherwise than on bail). Regulation 2(1) to (3) updates the references in regulations 6 and 13 of the Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) in light of the commencement of section 91 of the Act. Regulation 2(4) to (5) disapplies the changes in regulation 2(2) and (3) for children remanded to certain accommodation before 3rd December 2012.
Regulations 3 and 4 make amendments which are consequential on section 123 of the Act (abolition of certain sentences for dangerous offenders).
Regulation 5(1), (2) and (4) makes amendments which are consequential on the commencement of provisions in Schedule 22 to the Act (dangerous offenders subject to service law etc) relating to new sections 218A and 219A of the Armed Forces Act 2006. Regulation 5(3) is consequential on Schedule 13 to the Act.
Regulation 6(a) makes an amendment which is consequential on section 68 of the Act (changes to powers to make suspended sentence order). Regulation 6(b) makes an amendment which is consequential on section 123 of the Act (abolition of certain sentences for dangerous offenders).