UNITED KINGDOM STATUTORY INSTRUMENT
2022 No. 500 (C. 18)
Criminal Law
The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022
Made 28th April 2022
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of—
(a) the powers conferred by sections 333(1) and 336(3) and (4) of the Criminal Justice Act 2003;
(b) the power conferred by section 104(1)(a) of the Deregulation Act 2015; and
(c) the powers conferred by sections 407(6), 417(1) and 419(1) and (2) of the Sentencing Act 2020.
S-1
Citation, commencement and extentCitation, commencement and extent
1.—(1) These Regulations may be cited as the Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022.
(2) Subject to paragraph (3), these Regulations come into force when they are made.
(3) Regulation 6 (amendment of the 2020 Act to state the effect of regulation 4) comes into force at 12.01am on 2nd May 2022.
(4) Subject to paragraph (5), these Regulations extend to England and Wales only.
(5) An amendment made by these Regulations has the same extent as the provision amended.
Interpretation
2. In these Regulations—
“the 2003 Act” means the Criminal Justice Act 2003; and
“the 2020 Act” means the Sentencing Act 2020.
S-3
Commencement of provisions in the 2003 ActCommencement of provisions in the 2003 Act
3. The following provisions of the 2003 Act come into force on 2nd May 2022—
(a) section 282 (increase in maximum term that may be imposed on summary conviction of offence triable either way); and
(b) in section 283 (maximum terms that may be provided for under enabling powers)—
(i) subsections (1)(b) and (3); and
(ii) subsections (4) and (7), insofar as they relate to paragraphs 6 and 7 of Schedule 27 (enabling powers: alteration of maximum penalties etc.).
S-4
Commencement of provisions in the 2020 ActCommencement of provisions in the 2020 Act
4. Paragraph 24 of Schedule 22 to the 2020 Act (amendments to the general limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution) comes into force on 2nd May 2022 but only for the purposes of offences which are triable either way.
S-5
Amendment of provisions expressed by reference to commencementAmendment of provisions expressed by reference to commencement
5.—(1) In a provision listed in column 1 of the table in Part 1 of the Schedule, for the words in the corresponding entry in column 2 of the table substitute “2 May 2022”.
(2) In a provision listed in column 1 of the table in Part 2 of the Schedule, for the words in the corresponding entry in column 2 of the table substitute “2nd May 2022”.
(3) In a provision listed in column 1 of the table in Part 3 of the Schedule, for the words in the corresponding entry in column 2 of the table substitute “2 Mai 2022”.
S-6
Amendment of the 2020 Act to state the effect of regulation 4Amendment of the 2020 Act to state the effect of regulation 4
6.—(1) In section 224 of the 2020 Act (general limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution)—
(a)
(a) in subsection (1), for the words after “more than” substitute “6 months in the case of any one summary offence or 12 months in respect of any one offence triable either way”; and
(b)
(b) in subsection (2), for the words after “more than” substitute “6 months or (as the case may be) 12 months”.
(2) In paragraph 24 of Schedule 22 to the 2020 Act (amendments to the general limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution), after “institution)” insert “, as amended by the Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022.”.
Amendment of the Environmental Protection Act 1990
7.—(1) The Environmental Protection Act 1990is amended as follows.
(2) In section 141 (power to regulate the importation or exportation of waste or the transit of waste for export) after subsection (5A) there is inserted—
“
5AA Regulations under this section that—
(a) make provision for a summary offence under the law of England and Wales to be punishable with imprisonment for more than 6 months (“the relevant provision”), and
(b) are made—
(i) on or after 2 May 2022, but
(ii) before the day on which section 281(5) of the Criminal Justice Act 2003 comes into force,
must also provide that, in relation to an offence committed before the day referred to in paragraph (b)(ii), any reference in the relevant provision to a term of imprisonment of more than 6 months is to be read as a reference to a term of imprisonment of 6 months.
Amendment of the Scotland Act 1998
8.—(1) The Scotland Act 1998is amended as follows.
(2) In section 113 (subordinate legislation: scope of powers) after subsection (10A) there is inserted—
“
10AA If a power—
(a) is exercised so as to make provision for a summary offence under the law of England and Wales to be punishable with imprisonment for more than 6 months (“the relevant provision”) and
(b) is so exercised—
(i) on or after 2 May 2022, but
(ii) before the day on which section 281(5) of the Criminal Justice Act 2003 comes into force,
the power must also be exercised so as to provide that, in relation to an offence committed before the day referred to in paragraph (b)(ii), any reference in the relevant provision to a term of imprisonment of more than 6 months is to be read as a reference to a term of imprisonment of 6 months.
James Cartlidge
Parliamentary Under Secretary of State
Ministry of Justice
28th April 2022
SCHEDULE
Regulation 5
Amendment of provisions expressed by reference to commencement
1
Amendments of primary legislationPART 1
Amendments of primary legislation
Column 1 |
Column 2 |
Paragraph 5 of Schedule 4 to the Offender Management Act 2007 |
“the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) (limit on magistrates’ court’s powers to impose imprisonment)” |
| |
|
Section 53(8) of the Space Industry Act 2018 |
“section 154(1) of that Act comes into force” |
| |
|
Section 1207(6)(a) of the Corporation Tax Act 2009 |
“the commencement of section 282 of the Criminal Justice Act 2003 (c. 44)” |
| |
|
Sections 1216CN(6)(a) and 1217CN(6)(a) of the Corporation Tax Act 2009 |
“the commencement of section 282 of the Criminal Justice Act 2003” |
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|
Paragraph 26(1A) of Schedule 1 to the Housing Act 1996 |
“the commencement of section 282 of the Criminal Justice Act 2003 (short sentences)” |
Section 82(6) of the Pensions Act 2004 |
Subsections (1), (2), (3) and (7) of section 55 of the Commissioners for Revenue and Customs Act 2005 |
| |
|
Section 4C(5) of the National Lottery etc. Act 1993 |
“the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (short sentences)” |
Section 5C(4) of the Petroleum Act 1998 |
Section 90(6) of the Education and Skills Act 2008 |
Section 264(4) of the Housing and Regeneration Act 2008 |
| |
|
Section 18(6) of the Borders, Citizenship and Immigration Act 2009 |
“the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum sentence on summary conviction of offence triable either way)” |
| |
|
Paragraph 10(8) of Schedule 7 to the Crime and Courts Act 2013 |
“the commencement of section 282 of the Criminal Justice Act 2003 (increase in maximum sentence on summary conviction of offence triable either way)” |
| |
|
Section 14D(6)(a) of the Hydrocarbon Oil Duties Act 1979 |
“the commencement of section 282 of the Criminal Justice Act 2003 (increase in maximum term that may be imposed on summary conviction of offence triable either way)” |
Section 14F(6) of the Hydrocarbon Oil Duties Act 1979 (as it extends to Northern Ireland and otherwise as to be inserted by paragraph 9(6) of Schedule 11 to the Finance Act 2020) |
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|
Section 76(7) of the Education and Skills Act 2008 |
“the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way)” |
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|
Section 42(5)(b) of the UK Borders Act 2007 |
“the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (imprisonment on summary conviction for certain offences in England and Wales)” |
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|
Paragraph 11(6) of Schedule 5A to the Terrorism Act 2000 |
“the coming into force of section 282 of the Criminal Justice Act 2003 (increase in maximum sentence on summary conviction of offence triable either way)” |
Section 362E(3) of the Proceeds of Crime Act 2002 |
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|
Section 17(9) of the Cultural Property (Armed Conflicts) Act 2017 |
“section 282 of the Criminal Justice Act 2003 comes into force” |
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|
Paragraph 4(a) of Schedule 13 to the Serious Crime Act 2007 |
“the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates’ court from 6 to 12 months for certain offences triable either way)” |
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|
Section 106A(3)(a) of the Taxes Management Act 1970 |
“the commencement of section 282(3) of the Criminal Justice Act 2003” |
Paragraph 2(6)(b) of Schedule 21 to the Environment Act 2021 |
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|
Sections 7(6), 9(6) and 19(10) of the Safeguarding Vulnerable Groups Act 2006 |
“the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44)” |
Paragraph 16 of Schedule 8 to the Wireless Telegraphy Act 2006 |
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|
Section 196D(6) of the Town and Country Planning Act 1990 |
“the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020” |
Section 110(5H) of the Environment Act 1995 |
Paragraph 52(2) of Schedule 11 to the Government of Wales Act 2006 |
Section 22(4)(b) of the Public Bodies Act 2011 |
Section 33C(2) of the Immigration Act 2014 |
Section 75A(5)(a)(i) of the Serious Crime Act 2015 |
Sections 41(7), 50(7), 58(7), 66(13) and 68(11) of the Digital Economy Act 2017 |
Sections 1(5) and 2(5) of the Laser Misuse (Vehicles)... |
