Legal Aid, Sentencing and Punishment of Offenders Bill (HC Bill 205)

7 (1) Section 196 (meaning of “relevant order”) is amended as follows.

(2) In the heading, after ““relevant order”” insert “etc”.

(3) After subsection (1) insert—

“(1A) In this Chapter “suspended sentence order” means a suspended

5sentence order that imposes one or more community requirements.”

8 In section 200(4) (supervision period and operational period where unpaid

work requirement imposed by suspended sentence order)—

(a) for “189(1)(a)” substitute “189(1A)”, and

(b) for “189(1)(b)(ii)” substitute “189(1)(a)”.

9 10In section 213(3)(d) (supervision requirement: meaning of “relevant period”)

for “189(1)(a)” substitute “189(1A)”.

10 (1) Paragraph 8 of Schedule 12 (powers of court in case of breach of community

requirement or conviction of further offence) is amended as follows.

(2) In sub-paragraph (2), at the beginning of paragraph (c) insert “in the case of

15a suspended sentence order that imposes one or more community

requirements,”.

(3) After that paragraph insert—

“(d) in the case of a suspended sentence order that does not

impose any community requirements, the court may, subject

20to section 189(3), amend the order by extending the

operational period.”

(4) In sub-paragraph (4)(a), for “the community requirements” substitute “any

community requirements”.

(5) In sub-paragraph (8), for “the community” substitute “any community”.

11 25In Part 3 of Schedule 12 (amendment of suspended sentence order), before

paragraph 13 (and before the italic heading before that paragraph) insert—

“Application of Part

12A This Part of this Schedule applies only in relation to a suspended

sentence order that imposes one or more community

30requirements.”

12 (1) Schedule 13 (transfer of suspended sentence orders to Scotland or Northern

Ireland) is amended as follows.

(2) In paragraph 1(1) (suspended sentence order in respect of an offender

residing in Scotland)—

(a) 35after “a suspended sentence order” in the first place those words

appear insert “that imposes one or more community requirements”,

and

(b) before “a suspended sentence order” in the second place those words

appear insert “such”.

(3) 40In paragraph 6(1) (suspended sentence order in respect of an offender

residing in Northern Ireland)—

(a) after “a suspended sentence order” in the first place those words

appear insert “that imposes one or more community requirements”,

and

(b) before “a suspended sentence order” in the second place those words

5appear insert “such”.

Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643S.I. 2005/643)

13 In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order

2005 omit—

(a) article 2(2) (modifications to section 189 of the Criminal Justice Act

102003 pending the commencement of section 78 of the Powers of

Criminal Courts (Sentencing) Act 2000), and

(b) article 3(2)(a) (modifications to section 189 of the Criminal Justice Act

2003 pending the commencement of section 61 of the Criminal

Justice and Court Services Act 2000).

15Part 2 Transitory provision

14 In relation to any time before the coming into force of section 61 of the

Criminal Justice and Court Services Act 2000 (abolition of sentences of

detention in a young offender institution, custody for life etc), section 189 of

20the Criminal Justice Act 2003 has effect with the following modifications—

(a) in subsection (1), after the first “imprisonment” insert “or, in the case

of a person aged at least 18 but under 21, a sentence of detention in a

young offender institution”,

(b) in that subsection, after the second “imprisonment” insert “or

25detention in a young offender institution”, and

(c) in subsection (1B), after “imprisonment” insert “or detention in a

young offender institution”.

Section 72

SCHEDULE 9 Repeal of sections 181 to 188 of the 2003 Act: consequential amendments

30Prison Act 1952 (c. 52)1952 (c. 52)

1 Omit section 49(4A) of the Prison Act 1952 (persons unlawfully at large).

Criminal Justice Act 1961 (c. 39)1961 (c. 39)

2 In section 23 of the Criminal Justice Act 1961 (prison rules)—

(a) in subsection (3), for “Subject to subsection (3A), the days” substitute

35“The days”;

(b) omit subsection (3A).

Firearms Act 1968 (c. 27)1968 (c. 27)

3 In section 21 of the Firearms Act 1968 (possession of firearms by persons

previously convicted of crime), omit—

(a) subsection (2A)(d);

(b) subsection (2B);

(c) in subsection (6), “, (2B)”.

Magistrates’ Courts Act 1980 (c. 43)1980 (c. 43)

4 5Omit section 131(2A) of the Magistrates’ Courts Act 1980 (remand of

accused already in custody).

Road Traffic Offenders Act 1988 (c. 53)1988 (c. 53)

5 In section 35A of the Road Traffic Offenders Act 1988 (extension of

disqualification where custodial sentence also imposed), omit subsection

10(4)(c) and (d).

Football Spectators Act 1989 (c. 37)1989 (c. 37)

6 In the Football Spectators Act 1989, omit—

(a) section 14E(7) (banning orders);

(b) section 18(5) (information).

15Prisoners (Return to Custody) Act 1995 (c. 3)1995 (c. 3)

7 Omit section 1(1A) of the Prisoners (Return to Custody) Act 1995 (remaining

at large after temporary release).

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)1995 (c. 23)

8 In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995

20(qualifications for standard licence), in paragraph 3(2)(a), for the words from

“of 12 months or more” to the end substitute “exceeding 3 months”.

Crime (Sentences) Act 1997 (c. 43)1997 (c. 43)

9 (1) Schedule 1 to the Crime (Sentences) Act 1997 (transfers of prisoners within

the British Islands) is amended as follows.

(2) 25In paragraph 6(4), omit the definitions of “custody plus order” and

“intermittent custody order”.

(3) In paragraph 8, in sub-paragraphs (2) and (4)—

(a) after paragraph (aa) insert “; and”;

(b) omit paragraph (ab).

(4) 30In paragraph 9, in sub-paragraphs (2) and (4)—

(a) after paragraph (aa) insert “; and”;

(b) omit paragraph (ab).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

10 In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000

35(extension of disqualification where custodial sentence also imposed), omit

subsection (4)(c) and (d).

Extradition Act 2003 (c. 41)2003 (c. 41)

11 (1) The Extradition Act 2003 is amended as follows.

(2) In the following provisions, omit “(other than temporarily on licence

pursuant to an intermittent custody order under section 183(1)(b) of the

5Criminal Justice Act 2003)”—

(a) section 59(11)(b) (return of person to serve remainder of sentence);

(b) section 132(11)(b) (return of person to serve remainder of sentence);

(c) section 153B(10)(a)(ii) (return of person in pursuance of

undertaking).

(3) 10In section 216 (interpretation), omit subsection (6A).

Criminal Justice Act 2003 (c. 44)2003 (c. 44)

12 The Criminal Justice Act 2003 is amended as follows.

13 In section 195 (interpretation of Chapter 3), omit the definitions of “custodial

period”, “licence period” and “the number of custodial days”.

14 (1) 15Section 196 (meaning of “relevant order” in Chapter 4) is amended as

follows.

(2) In subsection (1)—

(a) at the end of paragraph (a) insert “or”;

(b) omit paragraph (b);

(c) 20omit paragraph (d) and the word “or” preceding it.

(3) Omit subsection (2).

15 In section 197(1)(a)(i) (meaning of “responsible officer), omit “182(1) or”.

16 In section 202(4)(b) (circumstances in which court must not include

programme requirement), omit “(or, where the relevant order is a custody

25plus order or an intermittent custody order, will be)”.

17 Omit section 204(4) and (5) (restrictions on imposing curfew requirement).

18 In section 213(3) (definition of “relevant period” for supervision

requirement), omit paragraphs (b) and (c).

19 Omit section 216(2) (requirement to specify area in which offender will

30reside).

20 In section 241 (effect of direction under section 240 or 240A)—

(a) in subsection (1), omit “or Chapter 3 (prison sentences of less than

twelve months)”;

(b) omit subsection (2).

21 (1) 35Section 244 (duty to release prisoners) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3)—

(a) omit paragraphs (b) and (c);

(b) in paragraph (d), omit “none of which falls within paragraph (c)”.

22 Omit section 245 (restrictions on duty to release intermittent custody

prisoners).

23 (1) Section 246 (power to release prisoners on licence early) is amended as

follows.

(2) 5In subsection (1)—

(a) in paragraph (a), omit “, other than an intermittent custody

prisoner,”;

(b) omit paragraph (b) and the word “and” preceding it.

(3) Omit subsection (3).

(4) 10In subsection (4)(i), omit from “or, where the sentence is one of intermittent

custody” to the end.

(5) In subsection (5)—

(a) in paragraph (a), omit “or (b), (3)”;

(b) in paragraph (c), omit “or (3)(b)(ii)”.

(6) 15In subsection (6)—

(a) omit the definition of “the required custodial days”;

(b) in the definition of “the requisite custodial period”, omit “other than

a sentence of intermittent custody” and “, (b)”;

(c) omit the definition of “sentence of intermittent custody”.

24 20In section 249 (duration of licence)—

(a) in subsection (1), for “subsections (2) and (3)” substitute “subsection

(3)”;

(b) omit subsection (2);

(c) in subsection (3), omit the words from “and subsection (2)” to the

25end;

(d) omit subsection (4).

25 In section 250 (licence conditions)—

(a) omit subsections (2), (2A), (3) and (6);

(b) in subsection (7), for the words from “section 264(3)” to the end

30substitute “and section 264(3) (consecutive terms)”.

26 Omit section 251 (licence conditions on re-release of those serving less than

12 months).

27 In section 252(2) (duty to comply with licence conditions: overseas)—

(a) at the end of paragraph (a) insert “and”;

(b) 35omit paragraph (b).

28 Omit section 253(4) (curfew conditions for those subject to intermittent

custody order).

29 In section 260(7) (early removal of persons liable to removal from UK:

definition of “requisite custodial period”), omit “, (b)”.

30 40In section 261(6) (re-entry to UK of offender removed early: definitions), in

the definition of “requisite custodial period”, omit “, (b)”.

31 Omit section 263(3) (concurrent terms: requirements of licence).

32 (1) Section 264 (consecutive terms) is amended as follows.

(2) Omit subsection (1)(c) and the “and” preceding it.

(3) In subsection (6) omit—

(a) paragraph (a)(iii) and the “and” preceding it;

(b) paragraph (b).

33 5Omit section 264A (consecutive terms: intermittent custody).

34 Omit section 265(1B) (restriction on consecutive sentences: intermittent

custody).

35 In section 268 (interpretation of Chapter 6), omit the definitions of

“intermittent custody prisoner”, “release” and “relevant court order”.

36 10In section 302 (execution of process between England and Wales and

Scotland), omit “paragraph 8(1) of Schedule 10”.

37 In section 305(1) (interpretation of Part 12)—

(a) omit the definition of “custody plus order”;

(b) omit the definition of “intermittent custody order”;

(c) 15omit the words “custody plus order, intermittent custody order”

(wherever they appear);

(d) in the definition of “responsible officer”, omit the words “a custody

plus order, an intermittent custody order”.

38 (1) Schedule 12 (breach or amendment of suspended sentence order etc) is

20amended as follows.

(2) In paragraph 8(2) (powers of court on breach of community requirement or

conviction of further offence)—

(a) in paragraph (a), omit “and custodial period”;

(b) in paragraph (b), for the words from “with either or both” to the end

25substitute “with the substitution for the original term of a lesser

term”.

(3) In paragraph 9(1) (further provision as to order that suspended sentence is

to take effect)—

(a) omit “and custodial period”;

(b) 30omit paragraph (a).

39 In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2),

(3) and (6), 29, 57, 58 and 68(2).

Domestic Violence, Crime and Victims Act 2004 (c. 28)2004 (c. 28)

40 (1) The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

(2) 35Omit section 31 and Schedule 6 (intermittent custody).

(3) In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act

2003.

Armed Forces Act 2006 (c. 52)2006 (c. 52)

41 (1) The Armed Forces Act 2006 is amended as follows.

(2) 40In section 196 (term of sentence etc), omit—

(a) the reference to sections 181 and 182 of the Criminal Justice Act 2003;

(b) in the reference to Chapter 4 of Part 12 of that Act, the words

“custody plus order or”.

(3) Omit sections 197 to 199 (imprisonment with or without custody plus order).

(4) In section 207 (definitions), omit the definition of “custody plus order”.

(5) 5In Schedule 7 (suspended sentence: further conviction or breach of

requirement), omit paragraph 9(1)(a) (modification of paragraph 9(1)(a) of

Schedule 12 to the Criminal Justice Act 2003).

(6) In Schedule 16 (minor and consequential amendments), omit paragraphs

222 and 223.

10Criminal Justice and Immigration Act 2008 (c. 4)2008 (c. 4)

42 Omit section 20(2) and (3) of the Criminal Justice and Immigration Act 2008.

Policing and Crime Act 2009 (c. 26)2009 (c. 26)

43 Omit section 71(10) of the Policing and Crime Act 2009.

Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643S.I. 2005/643)

44 15Article 2(4) of the Criminal Justice Act 2003 (Sentencing) (Transitory

Provisions) Order 2005 is revoked.

Section 73

SCHEDULE 10 Amendment of enactments relating to bail

Bail Act 1976Bail Act 1976

1 20The Bail Act 1976 is amended as follows.

2 In section 2(2) (definitions)—

(a) insert the following definitions at the appropriate places—

• ““bail in non-extradition proceedings” means bail in
  
  criminal proceedings of the kind mentioned in section
  
  251(1)(a),”;

• ““custodial sentence” means a sentence or order
  
  mentioned in section 76(1) of the Powers of Criminal
  
  Courts (Sentencing) Act 2000 or any corresponding
  
  sentence or order imposed or made under any earlier
  
  30enactment,”, and

(b) in the definition of “young person” for “seventeen” substitute

“eighteen”.

3 In section 3(7) (provision relating to parent or guardian being surety for

child or young person)—

(a) 35for “a child or young person” substitute “a person under the age of

seventeen”,

(b) for the words “the child or young person”, in both places they

appear, substitute “the person”, and

(c) in paragraph (a)—

(i) omit “of a young person”, and

(ii) omit “young” in the second place it appears.

4 (1) Section 3AB (conditions for the imposition of electronic monitoring

5requirements: other persons) is amended as follows.

(2) In subsection (1) for “seventeen” substitute “eighteen”.

(3) Omit subsection (4).

5 (1) Section 7 (liability to arrest for absconding or breaking conditions of bail) is

amended as follows.

(2) 10In subsection (5) for “subsection (6)” substitute “subsections (5A) and (6)”.

(3) After subsection (5) insert—

“(5A) A justice of the peace may not remand a person in, or commit a

person to, custody under subsection (5) if—

(a) the person has attained the age of eighteen,

(b) 15the person was released on bail in non-extradition

proceedings,

(c) the person has not been convicted of an offence in those

proceedings, and

(d) it appears to the justice of the peace that there is no real

20prospect that the person will be sentenced to a custodial

sentence in the proceedings.”

(4) In subsection (6) for “the person so brought before the justice” substitute “a

person brought before a justice under subsection (4) or (4B)”.

6 (1) Section 9A (bail decisions relating to persons aged under 18 who are accused

25of offences mentioned in Schedule 2 to the Magistrates’ Court Act 1980) is

amended as follows.

(2) In the heading of “persons aged under 18” substitute “children or young

persons”.

(3) In subsection (1)(a) for “person aged under 18” substitute “child or young

30person”.

(4) In subsections (2) and (3)(b) after “accused” insert “child or young”.

7 Part 1 of Schedule 1 (bail for defendants accused or convicted of certain

imprisonable offences) is amended in accordance with paragraphs 8 to 18.

8 For the heading immediately before paragraph 1 (defendants to whom Part

351 applies) substitute “Application of Part 1”.

9 In paragraph 1 (defendants to whom Part 1 applies) in sub-paragraph (1)

after “sub-paragraph (2)” insert “and paragraph 1A”.

10 After paragraph 1 insert—

“1A (1) The paragraphs of this Part of this Schedule mentioned in sub-

40paragraph (2) do not apply in relation to bail in non-extradition

proceedings where—

(a) the defendant has attained the age of 18,

(b) the defendant has not been convicted of an offence in those

proceedings, and

(c) it appears to the court that there is no real prospect that the

defendant will be sentenced to a custodial sentence in the

5proceedings.

(2) The paragraphs are—

(a) paragraph 2 (refusal of bail where defendant may fail to

surrender to custody, commit offences on bail or interfere

with witnesses),

(b) 10paragraph 2A (refusal of bail where defendant appears to

have committed indictable or either way offence while on

bail), and

(c) paragraph 6 (refusal of bail where defendant has been

arrested under section 7).”

11 15In paragraph 2 (exceptions to bail where defendant may fail to surrender to

custody, commit offences on bail or interfere with witnesses) for sub-

paragraph (2) substitute—

“(2) Where the defendant falls within paragraph 6B, this paragraph

does not apply unless—

(a) 20the court is of the opinion mentioned in paragraph 6A, or

(b) paragraph 6A does not apply by virtue of paragraph 6C.”

12 After paragraph 2 insert—

“2ZA (1) The defendant need not be granted bail if the court is satisfied that

there are substantial grounds for believing that the defendant, if

25released on bail (whether subject to conditions or not), would

commit an offence while on bail by engaging in conduct that

would, or would be likely to, cause—

(a) physical or mental injury to an associated person; or

(b) an associated person to fear physical or mental injury.

(2) 30In sub-paragraph (1) “associated person” means a person who is

associated with the defendant within the meaning of section 62 of

the Family Law Act 1996.”

13 For paragraph 2A (refusal of bail where defendant appears to have

committed offence while on bail) substitute—

“2A 35The defendant need not be granted bail if—

(a) the offence is an indictable offence or an offence triable

either way, and

(b) it appears to the court that the defendant was on bail in

criminal proceedings on the date of the offence.”

14 40For paragraph 6 (refusal of bail where defendant fails to surrender to

custody or has been arrested under section 7 of that Act) substitute—

“6 The defendant need not be granted bail if, having previously been

released on bail in, or in connection with, the proceedings, the

defendant has been arrested in pursuance of section 7.”

15 In paragraph 6A (certain drug users to be refused bail unless no significant

risk of offending while on bail) for “is satisfied” substitute “is of the

opinion”.

16 In paragraph 9 (considerations to which the court must have regard)—

(a) 5for “2A(1), 6(1) or 6A” substitute “2ZA(1)”, and

(b) after “paragraph 6ZA” insert “or 6A”.

17 In paragraph 9AA (court to give particular weight to the fact that an under

18 defendant was on bail when the offence was committed) in sub-

paragraph (1)(a) for “under the age of 18” substitute “a child or young

10person”.

18 In paragraph 9AB (factors to be given particular weight by the court when

making a decision for the purposes of section 2(1)(a), in the case of an under

18 defendant who has failed to surrender) in sub-paragraph (1)(a) for “under

the age of 18” substitute “a child or young person”.

19 15Part 1A of Schedule 1 (bail for defendants accused or convicted of

imprisonable offences to which Part 1 of that Schedule does not apply) is

amended in accordance with paragraphs 20 to 23.

20 For the heading immediately before paragraph 1 (defendants to whom Part

1A applies) substitute “Application of Part 1A”.

21 20In paragraph 1 (defendants to whom Part 1A applies) for “The” substitute

“Subject to paragraph 1A, the”.

22 After paragraph 1 insert—

“1A (1) The paragraphs of this Part of this Schedule mentioned in sub-

paragraph (2) do not apply in relation to bail in, or in connection

25with, proceedings where—

(a) the defendant has attained the age of 18,

(b) the defendant has not been convicted of an offence in those

proceedings, and

(c) it appears to the court that there is no real prospect that the

30defendant will be sentenced to a custodial sentence in the

proceedings.

(2) The paragraphs are—