Schedule 38: Transitory, transitional and savings provisions
895.Paragraph 1 relates to section 61 of the Criminal Justice and Court Services Act 2000, which (among other things) abolishes the sentences of detention in a young offender institution and custody for life and which is not yet in force. If provisions of Part 12 of the Act come into force before section 61 comes into force, this paragraph enables an order under section 333(1) to modify the provision of the Act in relation to things done before section 61 comes into force. For example, it might be necessary to provide for a reference to a sentence of imprisonment to include a reference to a sentence of detention in a young offender institution, or for a reference to an offender aged 18 or over to have effect as a reference to an offender aged 21 or over.
896.Paragraph 2 provides a transitional provision preserving the authority of any sentencing guidelines issued by the Court of Appeal prior to the repeal of section 80 to 81 of the Crime and Disorder Act 1998 and the establishment of the Sentencing Guidelines Council.
897.Paragraph 4 contains a transitory provision providing that any drug treatment and testing order made under section 52 of the Powers of Criminal Courts (Sentencing) Act (before that section is repealed by this Act) need not include a review provision if the order is for less than 12 months. A community order under the Act including a drug rehabilitation requirement must include a review provision if it is over 12 months, and may include one if the period is less than 12 months.
898.Paragraph 5 makes temporary modifications of the provisions as to drug testing in section 65 of the Criminal Justice Act 1991, pending repeal of that section under this Act.
899.Paragraph 6 would enable a shorter version of intermittent custody to be introduced before the sentencing limit on magistrates’ courts is increased from 6 months to 12 or 18 months.