Legal Aid, Sentencing and Punishment of Offenders Bill (HC Bill 235)

relation to different expenses, trouble and loss, different
directions and orders and different areas, and

(b) make different provision in relation to the fixing of a sum in
a direction or order and the fixing of a sum by means of a
5determination.

(2) A power to make regulations under those sections is exercisable by
statutory instrument.

(3) A statutory instrument containing regulations under those sections
is subject to annulment in pursuance of a resolution of either House
10of Parliament, subject to subsection (4).

(4) A statutory instrument containing (whether alone or with other
provision) regulations under section 31A, 33 or 33A may not be made
unless a draft of the instrument has been laid before, and approved
by a resolution of, each House of Parliament.”

15Consequential repeal

8 In consequence of the amendment made by paragraph 2(2), omit paragraph
1(6) of Schedule 2 to the Armed Forces Act 1971.

Part 2 Appeals from Court Martial Appeal Court

20Introduction

9 Part 3 of the Court Martial Appeals Act 1968 (appeals from Court Martial
Appeal Court) is amended as follows.

Application to Appeal Court

10 Before section 47 insert—

“46A 25Costs: application to Appeal Court by Director of Service Prosecutions

(1) Where the Appeal Court dismiss an application for leave to appeal
to the Supreme Court made by the Director of Service Prosecutions,
the Appeal Court may direct the payment by the Secretary of State of
such sums as appear to them to be reasonably sufficient to
30compensate the accused for any expenses properly incurred by the
accused in resisting the application, subject to—

(a) subsection (2), and

(b) regulations under section 47A(1)(d).

(2) The sums which the Appeal Court may direct the Secretary of State
35to pay do not include legal costs (as defined in section 31A), except
where regulations made by the Lord Chancellor provide otherwise.

(3) Regulations under subsection (2) may, in particular, include—

(a) provision for an exception to arise where a determination has
been made by a person specified in the regulations,

(b) 40provision requiring the Appeal Court, when they direct the
payment of a sum that includes a sum in respect of legal
costs, to include a statement to that effect in the direction, and

(c) provision that the Appeal Court may not direct the payment
of a sum in respect of legal costs exceeding an amount
specified in the regulations.

46B Costs: application to Appeal Court by accused

5Where the Appeal Court dismiss an application for leave to appeal
to the Supreme Court made by the accused—

(a) the Appeal Court may make the like order as may be made
by the Court under section 32(1) of this Act where they
dismiss an application for leave to appeal to the Court,

(b) 10an order made under this section may be enforced in the
manner described in section 32(2) of this Act, and

(c) section 32(3) of this Act applies in relation to any sum
recovered by virtue of section 32(2)(a) (as applied by this
section).”

15Application to Supreme Court

11 (1) Section 47 (costs) is amended as follows.

(2) In subsections (1) and (2) omit “the Appeal Court or” (in each place).

(3) After subsection (2) insert—

“(2A) Section 32(3) of this Act applies in relation to any sum recovered by
20virtue of section 32(2)(a) (as applied by subsection (2)).”

(4) In subsection (3), at the end insert “subject to—

subsection (3A), and

(b) regulations under section 47A(1)(d).”

(5) After subsection (3) insert—

“(3A) 25The costs which the Supreme Court may direct the Secretary of State
to pay do not include legal costs (as defined in section 31A) incurred
in proceedings in a court below, except where regulations made by
the Lord Chancellor provide otherwise.

(3B) Regulations under subsection (3A) may, in particular, include—

(a) 30provision for an exception to arise where a determination has
been made by a person specified in the regulations,

(b) provision requiring the Supreme Court, when they direct the
payment of a sum that includes a sum in respect of legal
costs, to include a statement to that effect in the direction, and

(c) 35provision that the Supreme Court may not direct the
payment of a sum in respect of legal costs exceeding an
amount specified in the regulations.”

(6) In subsection (4) for “the foregoing provisions of” substitute “sections 46A,
46B and”.

12 40Accordingly, in the heading of section 47, at the end insert “: application to
Supreme Court”.

Further provision about costs

13 After section 47 insert—

“47A Further provision about costs

(1) The Lord Chancellor may by regulations—

(a) 5make provision as to the sums that may be directed to be paid
under section 46A or 47(3), whether by specifying rates or
scales or by making other provision as to the calculation of
the sums,

(b) make provision as to the circumstances in which and
10conditions under which such sums may be paid or directed
to be paid,

(c) make provision requiring such sums to be fixed having
regard to regulations under paragraphs (a) and (b), and

(d) make provision requiring such sums to be calculated in
15accordance with such regulations (whether or not that results
in the fixing of an amount that the court considers reasonably
sufficient to compensate the person concerned).

(2) The power under subsection (1)(d) may not be exercised in respect of
sums ordered to be paid by the Supreme Court in respect of expenses
20incurred in proceedings before that court.

(3) Regulations under this section may provide that provision as to the
calculation of sums (whether in the form of rates or scales or other
provision) may be determined by the Lord Chancellor with the
consent of the Treasury.”

25Regulations

14 After section 47A insert—

“47B Regulations

(1) Regulations under sections 46A, 47 and 47A may, in particular, make
different provision in relation to different cases and different classes
30of case, including different provision in relation to different
expenses, trouble and loss, different directions and orders and
different areas.

(2) A power to make regulations under those sections is exercisable by
statutory instrument.

(3) 35A statutory instrument containing regulations under those sections
is subject to annulment in pursuance of a resolution of either House
of Parliament, subject to subsection (4).

(4) A statutory instrument containing (whether alone or with other
provision) regulations under section 46A or 47 may not be made
40unless a draft of the instrument has been laid before, and approved
by a resolution of, each House of Parliament.”

Part 3 Savings

15 The amendments made by this Schedule do not have effect in relation to
directions and orders made by a court in proceedings commenced before the
5relevant day.

16 For the purposes of paragraph 15—

(a) “the relevant day”, in relation to an amendment, means the day on
which the amendment comes into force;

(b) proceedings commence in the Court Martial Appeal Court when an
10application for leave to appeal is made or (in the absence of such an
application) when notice of appeal is given;

(c) proceedings commence in the Supreme Court when an application
for leave to appeal is made.

Section 57

SCHEDULE 8 15Changes to powers to make suspended sentence orders: consequential and
transitory provision

Part 1 Consequential amendments

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

1 20In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 omit
the definition of “operational period”.

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

2 The Criminal Justice Act 2003 is amended as follows.

3 For the heading of Chapter 3 of Part 12 substitute “SUSPENDED
25SENTENCE ORDERS”.

4 In section 190(2) (limits on power to impose requirements by suspended
sentence order), for “189(1)(a)” substitute “189(1A)”.

5 In section 191(1) (power to provide for review of suspended sentence order),
after “suspended sentence order” insert “that imposes one or more
30community requirements”.

6 (1) Section 195 (interpretation of Chapter 3) is amended as follows.

(2) For the definition of “operational period” and “supervision period”
substitute—

• ““operational period”, in relation to a suspended sentence, has
  35the meaning given by section 189(1)(a);”.

(3) After the definition of “sentence of imprisonment” insert—

• “supervision period”, in relation to a suspended sentence, has
  the meaning given by section 189(1A).”

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

12B 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 the repeal 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).

15Armed Forces Act 2006 (c. 52)2006 (c. 52)

14 The Armed Forces Act 2006 is amended as follows.

15 (1) Section 200 (suspended sentence orders with or without community
requirements) is amended as follows.

(2) In the heading omit “with or without community requirements”.

(3) 20Omit subsections (1) to (4) (power of relevant service court to make
suspended sentence order with or without community requirements, and
meanings of those terms).

(4) In subsection (5) (modification of section 189(1) of the Criminal Justice Act
2003 in its application to a relevant service court)—

(a) 25for “(b)(ii)” substitute “(a)”,

(b) for “the end of sub-paragraph (ii)” substitute ““imprisonment),””,
and

(c) in the words treated as substituted, for “(a)” substitute “(i)” and for
“(b)” substitute “(ii)”.

(5) 30After subsection (6) insert—

“(7) In this Chapter “a suspended sentence order with community
requirements” means a suspended sentence order that imposes one
or more community requirements within the meaning of section
189(7)(c) of the 2003 Act.”

16 35Omit section 201 (provisions of the Criminal Justice Act 2003 that do not
apply to suspended sentence orders without community requirements).

17 In section 207 (definitions for purposes of Chapter 4 of Part 8)—

(a) in the definition of “suspended sentence order with community
requirements” for “200(3)” substitute “200(7)”, and

(b) 40omit the definition of “suspended sentence order without
community requirements”.

18 (1) Schedule 7 (suspended prison sentence: further conviction or breach of
requirement) is amended as follows.

(2) For the heading before paragraph 1 substitute “Modifications of Part 2 of
Schedule 12 to the 2003 Act”.

(3) In paragraph 1 (modifications of Part 2 of Schedule 12 to the Criminal Justice
Act 2003 in case of suspended sentence orders with community
5requirements) omit “with community requirements”.

(4) Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal
Justice Act 2003 in case of suspended sentence orders without community
requirements) and the heading before that paragraph.

(5) After paragraph 6 insert—

“6A 10Paragraph 8(2)(ba) of that Schedule has effect as if at the beginning
there were inserted “where the court dealing with the offender is
the Crown Court,”.”

Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059SI 2009/1059)

19 In Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc)
15Order 2009 omit paragraph 2(2) (modifications to section 189 of the Criminal
Justice Act 2003 pending the commencement of the repeal of section 78 of the
Powers of Criminal Courts (Sentencing) Act 2000).

Armed Forces Act 2011

20 In Schedule 3 to the Armed Forces Act 2011 (minor amendments of service
20legislation), in paragraph 17 (amendment to section 200(5) of the Armed
Forces Act 2006) omit “paragraph (b) of”.

Part 2 Transitory provision

21 In relation to any time before the coming into force of section 61 of the
25Criminal Justice and Court Services Act 2000 (abolition of sentences of
detention in a young offender institution, custody for life etc), section 189 of
the 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
30young offender institution”,

(b) in that subsection, after the second “imprisonment” insert “or
detention in a young offender institution”, and

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

Section 72

35SCHEDULE 9 Repeal of sections 181 to 188 of the Criminal Justice Act 2003: consequential
amendments

Prison 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
“The days”;

(b) 5omit 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) 10subsection (2B);

(c) in subsection (6), “, (2B)”.

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

4 Omit section 131(2A) of the Magistrates’ Courts Act 1980 (remand of
accused already in custody).

15Road 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
(4)(c) and (d).

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

6 20In the Football Spectators Act 1989, omit—

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

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

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

7 Omit section 1(1A) of the Prisoners (Return to Custody) Act 1995 (remaining
25at 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
(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”.

30Crime (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) In paragraph 6(4), omit the definitions of “custody plus order” and
“intermittent custody order”.

(3) 35In paragraph 8, in sub-paragraphs (2) and (4)—

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

(b) omit paragraph (ab).

(4) In 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 5In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000
(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) 10In the following provisions, omit “(other than temporarily on licence
pursuant to an intermittent custody order under section 183(1)(b) of the
Criminal 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) 15section 153B(10)(a)(ii) (return of person in pursuance of
undertaking).

(3) In 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 20In section 195 (interpretation of Chapter 3), omit the definitions of “custodial
period”, “licence period” and “the number of custodial days”.

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

(2) In subsection (1)—

(a) 25at the end of paragraph (a) insert “or”;

(b) omit paragraph (b);

(c) omit 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 30In section 202(4)(b) (circumstances in which court must not include
programme requirement), omit “(or, where the relevant order is a custody
plus 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
35requirement), omit paragraphs (b) and (c).

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

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
40twelve months)”;

(b) omit subsection (2).

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

(2) Omit subsection (2).

(3) In subsection (3)—

(a) 5omit 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
10follows.

(2) In subsection (1)—

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

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

(3) 15Omit subsection (3).

(4) In 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) 20in paragraph (c), omit “or (3)(b)(ii)”.

(6) In 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) 25omit the definition of “sentence of intermittent custody”.

24 In section 249 (duration of licence)—

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

(b) omit subsection (2);

(c) 30in subsection (3), omit the words from “and subsection (2)” to the
end;

(d) omit subsection (4).

25 In section 250 (licence conditions)—

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

(b) 35in subsection (7), for the words from “section 264(3)” to the end
substitute “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) 40at the end of paragraph (a) insert “and”;

(b) omit paragraph (b).