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

(4) After that sub-paragraph insert—

“(2) In 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.”

24 5Part 2 of Schedule 1 (bail for defendants accused or convicted of non-

imprisonable offences) is amended in accordance with paragraphs 25 to 27.

25 In paragraph 2 (refusal of bail for failure to surrender to custody) after “bail

if—” insert—

“(za) the defendant—

(i) 10is a child or young person, or

(ii) has been convicted in the proceedings of an offence;”.

26 In paragraph 5 (refusal of bail in certain circumstances when arrested under

section 7) after “bail if—” insert—

“(za) the defendant—

(i) 15is a child or young person, or

(ii) has been convicted in the proceedings of an offence;”.

27 After paragraph 5 insert—

“6 (1) The defendant need not be granted bail if—

(a) having been released on bail in, or in connection with, the

20proceedings for the offence, the defendant has been

arrested in pursuance of section 7, and

(b) the court is satisfied that there are substantial grounds for

believing that the defendant, if released on bail (whether

subject to conditions or not), would commit an offence

25while on bail by engaging in conduct that would, or would

be likely to, cause—

(i) physical or mental injury to an associated person,

or

(ii) an associated person to fear physical or mental

30injury.

(2) In 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.”

28 (1) Paragraph 2 of Part 3 of Schedule 1 (references to previous grants of bail) is

35amended as follows.

(2) In paragraph (b) for “section 14(1) of the Criminal Justice Act 2003”

substitute “paragraph 13 of Schedule 10 to the Legal Aid, Sentencing and

Punishment of Offenders Act 2011”.

(3) In paragraph (c) for “section 15(1) of the Criminal Justice Act 2003”

40substitute “paragraph 14 of Schedule 10 to the Legal Aid, Sentencing and

Punishment of Offenders Act 2011”.

(4) After paragraph (f) insert “;

(g) as respects the reference in paragraph 6 of Part 2 of this

Schedule, bail granted before the coming into force of that

45paragraph.”

Criminal Justice and Public Order Act 1994Criminal Justice and Public Order Act 1994

29 In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for

defendants charged with or convicted of homicide or rape after previous

conviction for such offences) in subsection (1) for “is satisfied” substitute “is

5of the opinion”.

Consequential amendment

30 In section 38(2A) of the Police and Criminal Evidence Act 1984

(considerations applicable to paragraph 2 of Part 1 of Schedule 1 to the 1976

Act to be taken into account by custody officer when making decision about

10bail after charge) for “paragraph 2(2)” substitute “paragraphs 1A and 2(2)”.

Section 88

SCHEDULE 11 Remands of children otherwise than on bail: minor and consequential

amendments

Criminal Justice Act 1948 (c. 58)1948 (c. 58)

1 15Section 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20)

is amended as follows.

2 In the heading, for “17” substitute “18”.

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

Children and Young Persons Act 1969 (c. 54)1969 (c. 54)

4 20The Children and Young Persons Act 1969 is amended as follows.

5 Omit section 23 (remands and committals to local authority

accommodation).

6 Omit section 23AA (electronic monitoring of conditions of remand).

7 Omit section 23A (liability to arrest for breaking conditions of remand).

8 (1) 25Section 23B (report by local authority in certain cases where person

remanded on bail) is amended as follows.

(2) In subsection (2), at the end insert “under section 74(3) of the Legal Aid,

Sentencing and Punishment of Offenders Act 2011.”

(3) In subsection (3), for “section 23(2) of this Act” substitute “section 75(2) of the

30Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

(4) In subsection (6)—

(a) in paragraph (a), for “17” substitute “18”, and

(b) for paragraph (b) and the “and” at the end of that paragraph

substitute—

“(b) 35the requirements in section 77(3) and (4) or 78(3) and

(4) of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011 would have been fulfilled if the

person had not been remanded on bail, and”.

9 (1) Section 32 (detention of absentees) is amended as follows.

(2) In subsection (1A)—

(a) in paragraph (b), omit sub-paragraph (iii), and

(b) after that paragraph insert—

“(c) 5from a place in which the child or young person has

been accommodated pursuant to a remand under

section 74 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011,”.

(3) In subsection (1B), for the “or” at the end of paragraph (b) substitute—

“(ba) 10the place mentioned in subsection (1A)(c); or”.

(4) In subsection (1C), for paragraph (d) and the “or” preceding that paragraph

substitute—

“(d) where the child or young person was accommodated

pursuant to a remand under section 74(3) of the Legal Aid,

15Sentencing and Punishment of Offenders Act 2011 (remands

to local authority accommodation), the designated authority

within the meaning of section 89(1) of that Act; or

(e) where the child or young person was accommodated pursuant to a

remand under section 74(4) of that Act (remands to youth detention

20accommodation), the Secretary of State.”

10 In section 34(1) (transitional modifications of Part 1 for persons of specified

ages)—

(a) in paragraph (c) omit “, 23(1)”, and

(b) omit paragraph (e).

11 25In section 69 (orders and regulations etc) omit subsection (4A).

Local Authority Social Services Act 1970 (c. 42)1970 (c. 42)

12 In Schedule 1 to the Local Authority Social Services Act 1970 (social services

functions for the purposes of the Act), at the end insert—

Bail Act 1976 (c. 63)1976 (c. 63)

13 The Bail Act 1976 is amended as follows.

14 In section 3AA (conditions for the imposition of electronic monitoring

35requirements: persons under the age of seventeen), for subsection (11)

substitute—

“(11) In this section the reference to being remanded to local authority

accommodation is to be construed in accordance with section 75 of

the Legal Aid, Sentencing and Punishment of Offenders Act 2011.”

15 In section 7(6) (arrest for absconding or breaking conditions of bail: powers

of justice), for the words from “section 23” to the end of the subsection

substitute “section 74 of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011 (remands of children otherwise than on bail)”.

16 5In Part 3 of Schedule 1 (supplementary provisions about persons entitled to

bail: interpretation), in paragraph 3, for the words from “the care of” to the

end of the paragraph substitute “accommodation pursuant to a remand

under section 74(3) or (4) of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011 (remands to local authority accommodation or youth

10detention accommodation).”

Children Act 1989 (c. 41)1989 (c. 41)

17 The Children Act 1989 is amended as follows.

18 In section 21(2)(c) (duty to receive and provide accommodation for certain

kinds of children) omit sub-paragraph (i) (children on remand under section

1523(1) of the Children and Young Persons Act 1969).

19 In Schedule 12 (minor amendments), omit paragraph 28(b).

Criminal Justice Act 1991 (c. 53)1991 (c. 53)

20 (1) The Criminal Justice Act 1991 is amended as follows.

(2) Omit section 60(1).

(3) 20In section 60(3) (applications under section 25 of the Children Act 1989 in

case of child remanded or committed to local authority accommodation)—

(a) leave out “or committed”, and

(b) after “local authority accommodation” insert “under section 74(3) of

the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

(4) 25Omit section 61 (provision by local authorities of secure accommodation).

(5) Omit section 61A (cost of secure accommodation).

Criminal Justice and Public Order Act 1994 (c. 33)1994 (c. 33)

21 (1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) Omit sections 19(1) and (3), 21 and 23.

(3) 30In Schedule 9 (minor amendments) omit paragraph 38.

Crime and Disorder Act 1998 (c. 37)1998 (c. 37)

22 (1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 41(5) (functions of the Youth Justice Board for England and Wales)

omit paragraph (k) (assistance to local authorities in discharging duty under

35section 61 of the Criminal Justice Act 1991).

(3) Omit sections 97 and 98.

Access to Justice Act 1999 (c. 22)1999 (c. 22)

23 In Schedule 4 to the Access to Justice Act 1999 (amendments consequential

on Part 1), omit paragraphs 6 and 7.

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

24 5The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

25 In section 101 (taking account of remands in relation to a detention and

training order)—

(a) in subsection (11), for paragraph (c) and the “or” at the end of that

paragraph substitute—

“(c) 10remanded to youth detention accommodation under

section 74(4) of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011; or”, and

(b) in subsection (12) omit the words from “and in that subsection” to the

end of the subsection.

26 15In Schedule 9 (consequential amendments), omit paragraph 126.

Care Standards Act 2000 (c. 14)2000 (c. 14)

27 In Schedule 4 to the Care Standards Act 2000 (minor and consequential

amendments), omit paragraphs 3 and 17.

Criminal Justice and Court Services Act 2000 (c. 43)2000 (c. 43)

28 (1) 20Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and

consequential amendments) is amended as follows.

(2) In paragraph 4(2), in the entry for the Children and Young Persons Act 1969,

omit the words from “section 23(4)” to “15 and 16 year old boys)),”.

(3) Omit paragraph 39.

25Criminal Justice and Police Act 2001 (c. 16)2001 (c. 16)

29 In the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133.

Courts Act 2003 (c. 39)2003 (c. 39)

30 In Schedule 8 to the Courts Act 2003 (minor and consequential

amendments), omit paragraph 135.

30Extradition Act 2003 (c. 41)2003 (c. 41)

31 In the Extradition Act 2003, omit section 201.

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

32 In Schedule 32 to the Criminal Justice Act 2003 (amendments relating to

sentencing), omit paragraph 15.

Criminal Defence Service Act 2006 (c. 9)2006 (c. 9)

33 In section 4(2) of the Criminal Defence Service Act 2006 (provisions to which

certain consequential amendments apply), omit paragraphs (a) and (b).

Violent Crime Reduction Act 2006 (c. 38)2006 (c. 38)

34 5In the Violent Crime Reduction Act 2006, omit section 61.

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

35 In Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and

consequential amendments), omit paragraph 5.

Children and Young Persons Act 2008 (c. 23)2008 (c. 23)

36 10In Schedule 1 to the Children and Young Persons Act 2008 (children looked

after by local authorities: supplementary and consequential provision), omit

paragraph 8.

Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912SI 2008/912)

37 In Schedule 1 to the Offender Management Act 2007 (Consequential

15Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).

Section 93

SCHEDULE 12 Prisoners serving less than 12 months: consequential amendments

1 The Criminal Justice Act 2003 is amended as follows.

2 (1) Section 244 (duty to release prisoners on licence) is amended as follows.

(2) 20In subsection (1)—

(a) after “section” in the first place it appears insert “243A or”;

(b) after “the requisite custodial period” insert “for the purposes of this

section”.

(3) In subsection (3)—

(a) 25for “In this section” substitute “For the purposes of this section”;

(b) in paragraph (a)—

(i) for “any” substitute “a”;

(ii) after “the Sentencing Act” insert “for such a term”.

3 In section 246(6) (power to release prisoners early: definitions), in the

30definition of “the requisite custodial period”, after “has the meaning given

by” insert “paragraph (a) or (b) of section 243A(3) or (as the case may be)”.

4 (1) Section 249 (duration of licence) is amended as follows.

(2) In subsection (1), after “a fixed-term prisoner” insert “, other than one to

whom section 243A applies,”.

(3) After subsection (1) insert—

“(1A) Where a prisoner to whom section 243A applies is released on

licence, the licence shall, subject to any revocation under section 254

or 255, remain in force until the date on which, but for the release, the

5prisoner would have served one-half of the sentence.

This is subject to subsection (3).”

(4) In subsection (3)—

(a) for “Subsection (1) has” substitute “Subsections (1) and (1A) have”;

(b) omit “and (4)”.

5 10In section 250(4) omit “for a term of twelve months or more” and “such” in

the first place it occurs.

6 In section 253(3) (period for which curfew condition to remain in force), after

“fall to be released” insert “unconditionally under section 243A or”.

7 In section 260 (early removal of prisoners liable to removal from UK)—

(a) 15in subsection (5), after “section” in the second place it appears insert

“243A,”;

(b) in subsection (7), after “has the meaning given by” insert “paragraph

(a) or (b) of section 243A(3) or (as the case may be)”.

8 (1) Section 261 (re-entry to UK of offender removed early) is amended as

20follows.

(2) In subsection (5), for “section 244” substitute “section 243A or 244 (as the case

may be)”.

(3) In subsection (6)—

(a) in the definition of “requisite custodial period”, after “has the

25meaning given by” insert “paragraph (a) or (b) of section 243A(3) or

(as the case may be)”;

(b) in the definition of “sentence expiry date”—

(i) after “but for his” insert “release from prison and”;

(ii) for “ceased to be subject to a licence” substitute “served the

30whole of the sentence”.

9 In section 263(2) (concurrent terms)—

(a) after paragraph (a) insert—

“(aa) the offender’s release is to be unconditional if section

243A so requires in respect of each of the sentences

35(and in any other case is to be on licence),”;

(b) in paragraph (b), after “each of the others” insert “to which that

section applies”;

(c) in paragraph (c), after “release under this Chapter” insert “(unless

that release is unconditional)”.

10 40In section 264 (consecutive terms)—

(a) in subsection (2), omit “on licence”;

(b) in subsection (3), for “any of the terms of imprisonment is a term of

twelve months or more” substitute “the aggregate length of the terms

of imprisonment is 12 months or more”;

(c) after subsection (3) insert—

“(3A) Where the aggregate length of the terms of imprisonment is

less than 12 months, the offender’s release under this Chapter

is to be unconditional.”;

(d) 5omit subsections (4) and (5);

(e) in subsection (6)(a)(ii)—

(i) for “a term of twelve months or more” substitute “any other

sentence”;

(ii) for “the term” substitute “the sentence”;

(f) 10in subsection (7), omit “of 12 months or more”.

11 In section 267 (alteration by order of proportion of sentence), after “any

reference in” insert “section 243A(3)(a),”.

12 The heading of Chapter 6 of Part 12 becomes “Release, licences and recall”.

13 The repeal by section 303(a) of the Criminal Justice Act 2003 of sections 33 to

1551 of the Criminal Justice Act 1991 has effect in relation to any sentence of

imprisonment which—

(a) is of less than 12 months (whether or not such a sentence is imposed

to run concurrently or consecutively with another such sentence),

and

(b) 20is imposed in respect of an offence committed on or after 4 April

2005,

and paragraph 14 of Schedule 2 to the Criminal Justice Act 2003

(Commencement No. 8 and Transitional and Savings Provisions) Order 2005

(S.I. 2005/950S.I. 2005/950) is accordingly revoked.

Section 101

25SCHEDULE 13 Application of sections 90 to 100 and transitional and transitory provisions

1 In this Schedule—

(a) “the commencement date”, in relation to any of sections 90 to 100,

means the day appointed under section 116 for the coming into force

30of that section;

(b) “Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended

by those sections;

(c) “the 2003 Act” means the Criminal Justice Act 2003.

2 (1) The following provisions apply in relation to any person who falls to be

35released under Chapter 6 on or after the commencement date—

(a) section 90 (but this is subject to sub-paragraph (2));

(b) in section 92—

(i) subsections (1) to (7), (9) and (11) so far as they relate to

section 240ZA of the 2003 Act, and

(ii) 40subsection (10);

(c) section 93;

(d) section 97;

(e) section 98.

(2) Where a court, before the commencement date, has given a direction under

section 240(3) of the 2003 Act—

(a) if the number of days in relation to which the direction is given is

greater than the number of days calculated under section 240ZA of

5the 2003 Act, the direction continues to have effect (in place of section

240ZA);

(b) in any other case, the direction ceases to have effect.

(3) Subsection (2) of section 98 has effect until the coming into force of section

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

10of detention in a young offender institution, custody for life, etc).

3 The following provisions apply in relation to any person sentenced on or

after the commencement date—

(a) section 91;

(b) in section 92—

(i) 15subsections (1) to (7), (9) and (11) so far as they relate to

section 240A of the 2003 Act, and

(ii) subsection (8).

4 The amendments made by section 94 do not affect the release under Chapter

6 of any prisoner before the commencement date.

5 20Section 95 applies in relation to any person recalled under section 254 of the

2003 Act before the commencement date (as well as in relation to any person

recalled under that section on or after that date).

6 Section 96 applies in relation to any person recalled under that section on or

after the commencement date.

7 25Section 100 applies in relation to any person who, on the commencement

date, has served the relevant part of the sentence (as well as in relation to any

person who, on that date, has not served that part).

Section 106

SCHEDULE 14 Penalty notices for disorderly behaviour

30Criminal Justice and Police Act 2001Criminal Justice and Police Act 2001

1 Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (on the spot

penalties for disorderly behaviour) is amended as follows.

2 In section 1 (offences leading to penalties on the spot) omit subsections (4)

and (5) (provision about orders under subsections (2) and (3) of that section).

3 (1) 35Section 2 (penalty notices) is amended as follows

(2) In subsection (1) for “10” substitute “18”.

(3) After subsection (1) insert—

“(1A) If the offence mentioned in subsection (1) is a relevant penalty

offence, the constable may give the person a penalty notice with an

40education option.”

(4) Omit subsection (2) (requirement that constable giving a penalty notice

other than at a police station be in uniform).

(5) Omit subsection (3) (requirement that constable giving a penalty notice at a

police station be an authorised constable).

(6) 5In subsection (4)—

(a) after “Chapter”, in the first place it appears, insert “—

• approved educational course” means an educational
  
  course run as part of an educational course scheme
  
  established by—

  (a)

  10in the case of a notice given by a constable of
  
  the British Transport Police Force, the Chief
  
  Constable of that force, and

  (b)

  in any other case, the chief officer of police for
  
  the area in which the notice is given;

• 15“educational course scheme” means a scheme
  
  established by a chief officer of police under section
  
  2A;”, and

(b) at the end insert “;

• penalty notice with an education option” means a
  
  20penalty notice that also offers the opportunity to
  
  discharge any liability to be convicted of the offence
  
  to which the notice relates by—

  (a)

  completing an approved educational course,
  
  and

  (b)

  25paying the course fee.”

(7) After subsection (4) insert—

“(4A) In this section, “relevant penalty offence” means a penalty offence in

relation to which there is an approved educational course.

(4B) The Secretary of State may by regulations make provision about the

30revocation of penalty notices.”

(8) Omit subsection (5) (definition of “authorised constable”).

(9) Omit subsections (6) to (9) (Secretary of State order making power and

associated provision).

4 After section 2 (penalty notices) insert—

“2A 35Educational course schemes

(1) A chief officer of police may establish an educational course scheme

under this section in relation to one or more kinds of penalty offence

committed in the chief officer’s area.

(2) An educational course scheme must include arrangements—

(a) 40for educational courses relating to the penalty offences to

which the scheme relates to be provided to persons who are

given penalty notices with an education option, and

(b) for a course fee set by the chief officer of police—

(i) to be paid by a person who attends an educational

45course, and