Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill


Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

42

 

56      

Breach of community order

(1)   

Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or amendment

of community order) is amended as follows.

(2)   

In paragraph 9 (powers of magistrates’ court in case of breach), in sub-

paragraph (1)—

5

(a)   

in the opening words, for “must” substitute “may”, and

(b)   

after paragraph (a) insert—

“(aa)   

by ordering the offender to pay a fine of an amount

not exceeding £2,500;”.

(3)   

In sub-paragraph (6) of that paragraph, for the words from “be required to” to

10

“or (c),” substitute “have the power to deal with the offender under sub-

paragraph (1)(a), (aa), (b) or (c),”.

(4)   

In paragraph 10 (powers of Crown Court in case of breach), in sub-paragraph

(1)—

(a)   

in the opening words, for “must” substitute “may”, and

15

(b)   

after paragraph (a) insert—

“(aa)   

by ordering the offender to pay a fine of an amount

not exceeding £2,500;”.

(5)   

After paragraph 11 insert—

“Power to amend amounts of fines

20

11A   (1)  

The Secretary of State may by order amend any sum for the time

being specified in paragraph 9(1)(aa) or 10(1)(aa).

      (2)  

The power conferred by sub-paragraph (1) may be exercised only if

it appears to the Secretary of State that there has been a change in the

value of money since the relevant date which justifies the change.

25

      (3)  

In sub-paragraph (2), “the relevant date” means—

(a)   

if the sum specified in paragraph 9(1)(aa) or 10(1)(aa) (as the

case may be) has been substituted by an order under sub-

paragraph (1), the date on which the sum was last so

substituted;

30

(b)   

otherwise the date on which section 56 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2011 (which

inserted this paragraph) came into force.

      (4)  

An order under sub-paragraph (1) (a “fine amendment order”) must

not have effect in relation to any community order made in respect

35

of an offence committed before the fine amendment order comes into

force.”

Suspended sentence orders

57      

Changes to powers to make suspended sentence order

(1)   

In section 189 of the Criminal Justice Act 2003 (suspended sentences of

40

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

43

 

imprisonment), for subsection (1) substitute—

“(1)   

If a court passes a sentence of imprisonment for a term of least 14 days

but not more than 2 years, it may make an order providing that the

sentence of imprisonment is not to take effect unless—

(a)   

during a period specified in the order for the purposes of this

5

paragraph (“the operational period”) the offender commits

another offence in the United Kingdom (whether or not

punishable with imprisonment), and

(b)   

a court having power to do so subsequently orders under

paragraph 8 of Schedule 12 that the original sentence is to take

10

effect.

(1A)   

An order under subsection (1) may also provide that the offender must

comply during a period specified in the order for the purposes of this

subsection (“the supervision period”) with one or more requirements

falling within section 190(1) and specified in the order.

15

(1B)   

Where an order under subsection (1) contains provision under

subsection (1A), it must provide that the sentence of imprisonment will

also take effect if—

(a)   

during the supervision period the offender fails to comply with

a requirement imposed under subsection (1A), and

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(b)   

a court having power to do so subsequently orders under

paragraph 8 of Schedule 12 that the original sentence is to take

effect.”

(2)   

In subsection (2) of that section (application of subsection (1) where

consecutive sentences imposed), for the words from “does not exceed” to the

25

end substitute “does not exceed 2 years”.

(3)   

In subsection (3) of that section (length of supervision period and operational

period), after “supervision period” insert “(if any)”.

(4)   

In subsection (4) of that section (supervision period not to end later than

operational period), at the beginning insert “Where an order under subsection

30

(1) imposes one or more community requirements,”.

(5)   

In subsection (7)(c) of that section (meaning of “community requirement”), for

“(1)(a)” substitute “(1A)”.

(6)   

Schedule 8 (changes to powers to make suspended sentence orders:

consequential and transitory provision) has effect.

35

(7)   

The amendments and modifications made by this section and that Schedule

apply in relation to offences committed before or after the coming into force of

any provision of this section or that Schedule.

58      

Fine for breach of suspended sentence order

(1)   

Schedule 12 to the Criminal Justice Act 2003 (breach or amendment of

40

suspended sentence order, and effect of further conviction) is amended as

follows.

(2)   

In paragraph 8 (powers of court in case of breach or conviction)—

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

44

 

(a)   

in sub-paragraph (2), after paragraph (b) insert—

“(ba)   

the court may order the offender to pay a fine of an

amount not exceeding £2,500,”, and

(b)   

in sub-paragraph (6), after “(b)” insert “, (ba)”.

(3)   

After paragraph 12 insert—

5

“Power to amend amount of fine

12A   (1)  

The Secretary of State may by order amend the sum for the time

being specified in paragraph 8(2)(ba).

      (2)  

The power conferred by sub-paragraph (1) may be exercised only if

it appears to the Secretary of State that there has been a change in the

10

value of money since the relevant date which justifies the change.

      (3)  

In sub-paragraph (2), “the relevant date” means—

(a)   

if the sum specified in paragraph 8(2)(ba) has been

substituted by an order under sub-paragraph (1), the date on

which the sum was last so substituted;

15

(b)   

otherwise the date on which section 58 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2011 (which

inserted this paragraph) came into force.

      (4)  

An order under sub-paragraph (1) (a “fine amendment order”) must

not have effect in relation to any suspended sentence order made in

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respect of an offence committed before the fine amendment order

comes into force.”

Requirements under community orders and suspended sentence orders

59      

Programme requirement

(1)   

Section 202 of the Criminal Justice Act 2003 (orders imposing programme

25

requirements) is amended as follows.

(2)   

In subsection (1) (meaning of “programme requirement”)—

(a)   

after “participate” insert “in accordance with this section”, and

(b)   

for the words from “specified in the order” to the end of the subsection

substitute “on the number of days specified in the order.”

30

(3)   

Omit subsections (4) and (5) (requirements to be met before court includes a

programme requirement in a relevant order).

(4)   

In subsection (6) (effect of programme requirement)—

(a)   

for “requirement to attend an accredited programme” substitute

“programme requirement”, and

35

(b)   

in paragraph (a), for “at the place specified in the order” substitute “that

is from time to time specified by the responsible officer at the place that

is so specified”.

(5)   

In subsection (7) (requirement for place providing programme requirement to

be approved) for “in an order” substitute “by a responsible officer”.

40

(6)   

In consequence of subsection (3), omit paragraph 86 of Schedule 4 to the

Criminal Justice and Immigration Act 2008.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

45

 

60      

Curfew requirement

(1)   

Section 204 of the Criminal Justice Act 2003 (orders imposing curfew

requirements) is amended as follows.

(2)   

In subsection (2) (order may not specify curfew period of more than twelve

hours) for “twelve” substitute “sixteen”.

5

(3)   

In subsection (3) (order may not specify curfew periods outside period of six

months from making of order) for “six” substitute “twelve”.

61      

Foreign travel prohibition requirement

(1)   

In section 177 of the Criminal Justice Act 2003 (community orders), in

subsection (1), after paragraph (g) insert—

10

“(ga)   

a foreign travel prohibition requirement (as defined by section

206A),”.

(2)   

In subsection (4) of that section (power to impose electronic monitoring

requirement), after “a residence requirement,” insert “a foreign travel

prohibition requirement,”.

15

(3)   

In section 190 of that Act (imposition of requirements by suspended sentence

order), in subsection (1), after paragraph (g) insert—

“(ga)   

a foreign travel prohibition requirement (as defined by section

206A),”.

(4)   

In subsection (4) of that section (power to impose electronic monitoring

20

requirement), after “a residence requirement,” insert “a foreign travel

prohibition requirement,”.

(5)   

After section 206 of that Act insert—

“206A   

 Foreign travel prohibition requirement

(1)   

In this Part “foreign travel prohibition requirement”, in relation to a

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relevant order, means a requirement prohibiting the offender from

travelling, on a day or days specified in the order, or for a period so

specified—

(a)   

to any country outside the British Islands specified or described

in the order,

30

(b)   

to any country outside the British Islands other than a country

specified or described in the order, or

(c)   

to any country outside the British Islands.

(2)   

A day specified under subsection (1) may not fall outside the period of

12 months beginning with the day on which the community order is

35

made.

(3)   

A period specified under that subsection may not exceed 12 months

beginning with the day on which the community order is made.”

(6)   

In section 305(1) of that Act (interpretation of Part 12), at the appropriate place

insert—

40

““foreign travel prohibition requirement”, in relation to a

community order or suspended sentence order, has the

meaning given by section 206A;”.

 
 

 
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Revised 21 June 2011