Statutory Instruments
2012 No. 2824
Children And Young Persons, England And Wales
Criminal Law, England And Wales
Defence
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012
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 2012(1).
Citation and commencementI1
1. 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.
Amendments of the Children (Secure Accommodation) Regulations 1991 and saving provisionI2
2.—(1) The Children (Secure Accommodation) Regulations 1991(2) are amended as follows.
(2) In regulation 6(1)(b) (modification of section 25 of the Children Act 1989(3) 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)”.
(3) 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”.
(4) 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.
(5) A pre-commencement remand is a remand which—
(a)commenced before 3rd December 2012; and
(b)is a remand—
(i)to prison by virtue of section 27(1) of the Criminal Justice Act 1948(4);
(ii)to local authority accommodation by virtue of section 23(1) or (1A) of the Children and Young Persons Act 1969(5); or
(iii)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 1998(6).
Amendments of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005I3
3.—(1) In article 3 of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005(7), omit—
(a)paragraph (4)(b) and (c); and
(b)paragraph (5).
(2) The coming into force of paragraph (1) is of no effect in relation to a person convicted before 3rd December 2012.
Amendments of the Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008I4
4.—(1) Omit article 2(2) and (3) of the Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008(8).
(2) The coming into force of paragraph (1) is of no effect in relation to a person convicted before 3rd December 2012.
Amendments of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments of the Criminal Justice Act 2003 (Surcharge) Order 2012I5
6.—(1) In table 2 in the Schedule to the Criminal Justice Act 2003 (Surcharge) Order 2012(9)—
(a)in the fifth entry, in column 1 (which relates to suspended sentences of imprisonment), omit the words “but not more than 12 months”; and
(b)omit the penultimate entry (which relates to sentences of imprisonment for public protection or detention in a young offender institution for public protection).
(2) The coming into force of paragraph (1)(b) is of no effect in relation to a person convicted before 3rd December 2012.
Signed by the authority of the Secretary of State
Jeremy Wright
Parliamentary Under Secretary of State
Ministry of Justice
8th November 2012
S.I. 1991/1505.
1948 c. 58.
1969 c.54.