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 5In 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) 10In subsection (6) omit—

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

(b) paragraph (b).

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

34 Omit section 265(1B) (restriction on consecutive sentences: intermittent
15custody).

35 In section 268 (interpretation of Chapter 6), omit the definitions of
“intermittent custody prisoner”, “release” and “relevant court order”.

36 In section 302 (execution of process between England and Wales and
Scotland), omit “paragraph 8(1) of Schedule 10”.

37 20In section 305(1) (interpretation of Part 12)—

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

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

(c) omit the words “custody plus order, intermittent custody order”
(wherever they appear);

(d) 25in 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
amended as follows.

(2) In paragraph 8(2) (powers of court on breach of community requirement or
30conviction 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
substitute “with the substitution for the original term of a lesser
term”.

(3) 35In paragraph 9(1) (further provision as to order that suspended sentence is
to take effect)—

(a) omit “and custodial period”;

(b) omit paragraph (a).

39 In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2),
40(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) Omit section 31 and Schedule 6 (intermittent custody).

(3) In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act
52003.

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

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

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

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

(b) 10in 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) In Schedule 7 (suspended sentence: further conviction or breach of
15requirement), 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.

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

42 20Omit 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 Article 2(4) of the Criminal Justice Act 2003 (Sentencing) (Transitory
25Provisions) Order 2005 is revoked.

Section 73

SCHEDULE 10 Amendment of enactments relating to bail

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

1 The Bail Act 1976 is amended as follows.

2 30In 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
  1(1)(a),”;

Legal Aid, Sentencing and Punishment of Offenders BillPage 172

• ““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
  5enactment,”, 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) 10for “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) 15omit “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
requirements: other persons) is amended as follows.

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

(3) 20Omit subsection (4).

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

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

(3) After subsection (5) insert—

“(5A) 25A 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) the person was released on bail in non-extradition
proceedings,

(c) 30the 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
prospect that the person will be sentenced to a custodial
sentence in the proceedings.”

(4) 35In 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
of offences mentioned in Schedule 2 to the Magistrates’ Courts Act 1980) is
amended as follows.

(2) 40In the heading for “persons aged under 18” substitute “children or young
persons”.

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

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

9 5In 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-
paragraph (2) do not apply in relation to bail in non-extradition
10proceedings 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
15defendant will be sentenced to a custodial sentence in the
proceedings.

(2) The paragraphs are—

(a) paragraph 2 (refusal of bail where defendant may fail to
surrender to custody, commit offences on bail or interfere
20with witnesses),

(b) paragraph 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
25arrested under section 7).”

11 In 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
30does not apply unless—

(a) the 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
35there are substantial grounds for believing that the defendant, if
released 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) 40an associated person to fear physical or mental injury.

(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.”

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

committed offence while on bail) substitute—

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

(a) the offence is an indictable offence or an offence triable
either way, and

(b) 5it appears to the court that the defendant was on bail in
criminal proceedings on the date of the offence.”

14 For paragraph 6 (refusal of bail where defendant fails to surrender to
custody or has been arrested under section 7) substitute—

“6 The defendant need not be granted bail if, having previously been
10released 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 15In paragraph 9 (considerations to which the court must have regard)—

(a) for “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-
20paragraph (1)(a) for “under the age of 18” substitute “a child or young
person”.

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
25the age of 18” substitute “a child or young person”.

19 Part 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
301A applies) substitute “Application of Part 1A”.

21 In 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-
35paragraph (2) do not apply in relation to bail in, or in connection
with, 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) 40it appears to the court that there is no real prospect that the
defendant will be sentenced to a custodial sentence in the
proceedings.

(2) The paragraphs are—

(a) paragraph 2 (refusal of bail for failure to surrender to
45custody),

(b) paragraph 3 (refusal of bail where defendant would
commit further offences on bail), and

(c) paragraph 7 (refusal of bail in certain circumstances when
arrested under section 7).”

23 (1) 5Paragraph 4 (refusal of bail to defendants who are likely to cause injury or
fear of injury) is amended as follows.

(2) The existing words become sub-paragraph (1).

(3) In paragraphs (a) and (b) of that sub-paragraph for “any person other than
the defendant”, in both places those words appear, substitute “an associated
10person”.

(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 15Part 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) 20is 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) 25is 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
30proceedings 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
35while 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
40injury.

(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
45amended 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”
5substitute “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
10paragraph.”

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

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
15of 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
20bail 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 25Section 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”.

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

4 30In section 43(1) of the Prison Act 1952 (power of Secretary of State to provide
young offender institutions, secure training centres etc), at the end of
paragraph (d) insert “and in which children who have been remanded to
youth detention accommodation under section 74(4) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 may be detained”.

35Children and Young Persons Act 1969 (c. 54)1969 (c. 54)

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

6 Omit section 23 (remands and committals to local authority
accommodation).

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

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

9 (1) Section 23B (report by local authority in certain cases where person
remanded on bail) is amended as follows.

(2) 5In 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
Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

(4) In subsection (6)—

(a) 10in paragraph (a), for “17” substitute “18”, and

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

“(b) the requirements in section 77(3) and (4) or 78(3) and
(4) of the Legal Aid, Sentencing and Punishment of
15Offenders Act 2011 would have been fulfilled if the
person had not been remanded on bail, and”.

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

(2) In subsection (1A)—

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

(b) 20after that paragraph insert—

“(c) from 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) 25In subsection (1B), for the “or” at the end of paragraph (b) substitute—

“(ba) the 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
30pursuant to a remand under section 74(3) of the Legal Aid,
Sentencing 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
35pursuant to a remand under section 74(4) of that Act
(remands to youth detention accommodation), the Secretary
of State.”

11 In section 34(1) (transitional modifications of Part 1 for persons of specified
ages)—

(a) 40in paragraph (c) omit “, 23(1)”, and

(b) omit paragraph (e).

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

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

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

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

5Bail Act 1976 (c. 63)1976 (c. 63)

14 The Bail Act 1976 is amended as follows.

15 In section 3AA (conditions for the imposition of electronic monitoring
requirements: persons under the age of seventeen), for subsection (11)
substitute—

“(11) 10In 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.”

16 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
15substitute “section 74 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011 (remands of children otherwise than on bail)”.

17 In 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
20under section 74(3) or (4) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011 (remands to local authority accommodation or youth
detention accommodation).”

Child Abduction Act 1984 (c. 37)1984 (c. 37)

18 The Child Abduction Act 1984 is amended as follows.

19 25In section 1(8) (offence of child abduction: modifications in relation to
children remanded to local authority accommodation etc), for “to a local
authority accommodation” substitute “otherwise than on bail”.

20 In paragraph 2 of the Schedule (modifications of section 1 in case of children
in places of safety etc)—

(a) 30in sub-paragraph (1), in paragraph (b) omit “section 23 of the
Children and Young Persons Act 1969,”,

(b) in that sub-paragraph, at the end of paragraph (ba) insert “; or

(bb) remanded to local authority accommodation or
youth detention accommodation under section 74
35of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011.”, and

(c) in sub-paragraph (2)(a), after “place of safety” insert “, local authority
accommodation or youth detention accommodation”.

Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

21 In section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of
entry and search of premises for purpose of arresting child or young person
remanded to local authority accommodation), for the words from “or
5committed” to “that Act” substitute “to local authority accommodation or
youth detention accommodation under section 74 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011”.

Prosecution of Offences Act 1985 (c. 23)1985 (c. 23)

22 In section 22(11) of the Prosecution of Offences Act 1985 (time limits in
10relation to preliminary stages of criminal proceedings: interpretation), in the
definition of “custody” for the words from “to which” to “Act 1969”
substitute “or youth detention accommodation to which a person is
remanded under section 74 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”.

15Children Act 1989 (c. 41)1989 (c. 41)

23 The Children Act 1989 is amended as follows.

24 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
23(1) of the Children and Young Persons Act 1969).

25 20In Schedule 12 (minor amendments), omit paragraph 28(b).

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

26 The Criminal Justice Act 1991 is amended as follows.

27 Omit section 60(1).

28 In section 60(3) (applications under section 25 of the Children Act 1989 in
25case 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”.

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

30 30Omit section 61A (cost of secure accommodation).

31 In section 92(3) (application of prisoner escort provisions to persons
remanded etc under section 23 of the Children and Young Persons Act
1969)—

(a) in paragraph (a), for the words from “or committed” to “1969 Act”
35substitute “to local authority accommodation or youth detention
accommodation under section 74 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2011”, and

(b) in paragraph (b) for “such accommodation” substitute
“accommodation in which a person is or is to be accommodated
40pursuant to such a remand”.