Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]


Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 1 — Community orders: punitive elements

261

 

(xv)   

holds an office listed in column 1 of Part 2 of Schedule

2 to that Act (High Court Masters etc), or

(xvi)   

is the Judge Advocate General or a person appointed

under section 30(1)(a) or (b) of the Courts-Martial

(Appeals) Act 1951 (assistants to the Judge Advocate

5

General).”

Part 8

Amendments following renaming of chairmen of employment tribunals

14    (1)  

In the following provisions for “chairmen”, or for “chairmen of employment

tribunals”, substitute “Employment Judges”—

10

Constitutional Reform Act 2005: section 3(7B)(d) and (e),

Courts Act 1971: Part 1A of Schedule 2,

Courts and Legal Services Act 1990: Schedule 11,

Employment Tribunals Act 1996: sections 3A, 5A, 5B(4), 5D(2)(e) and

7B(6),

15

Judicial Pensions Act 1981: section 12(1)(c),

Judicial Pensions and Retirement Act 1993: section 26(12A)(i), and

Tribunals, Courts and Enforcement Act 2007: sections 4(1)(e) and (3)(d)

and 47(5)(c)(iii), paragraph 12(1)(c) of Schedule 1 and paragraph

7(1)(a) of Schedule 2.

20

      (2)  

In the following provisions for “chairman of employment tribunals”

substitute “Employment Judge”—

Constitutional Reform Act 2005: Part 3 of Schedule 14, in both places,

Tribunals, Courts and Enforcement Act 2007: paragraph 6(1)(e) and

(4)(b) of Schedule 7, and

25

Judicial Pensions and Retirement Act 1993: Schedules 1 and 5.

      (3)  

In sections 10(4) and 30(2B)(b) of the Employment Tribunals Act 1996 for

“Chairman” substitute “Employment Judge”.

      (4)  

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

for “or member of a panel of persons appointed to act as chairmen or other

30

members of employment tribunals” substitute “Employment Judge, or

member of a panel of members of employment tribunals that is not a panel

of Employment Judges”.

      (5)  

In paragraph 5(2)(g) and (5)(vii) of Schedule 7 to the Judicial Pensions and

Retirement Act 1993 before “chairman” insert “Employment Judge, before 3

35

November 2008 called”.

Schedule 15

Section 31

 

Dealing non-custodially with offenders

Part 1

Community orders: punitive elements

40

1          

The Criminal Justice Act 2003 is amended as follows.

 
 

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 2 — Deferring the passing of sentence to allow for restorative justice

262

 

2          

In section 177 (community orders) after subsection (2) insert—

“(2A)   

Where the court makes a community order, the court must—

(a)   

include in the order at least one requirement imposed for the

purpose of punishment, or

(b)   

impose a fine for the offence in respect of which the

5

community order is made, or

(c)   

comply with both of paragraphs (a) and (b).

(2B)   

Subsection (2A) does not apply where there are exceptional

circumstances which—

(a)   

relate to the offence or to the offender,

10

(b)   

would make it unjust in all the circumstances for the court to

comply with subsection (2A)(a) in the particular case, and

(c)   

would make it unjust in all the circumstances for the court to

impose a fine for the offence concerned.”

3          

In section 148(2A) (restrictions in subsection (2) on making community

15

orders etc are subject to certain enactments) after “subject to” insert “section

177(2A) (community orders: punitive elements) and to”.

4          

An amendment made by this Part of this Schedule does not affect orders in

respect of offences committed before the amendment comes into force.

Part 2

20

Deferring the passing of sentence to allow for restorative justice

5          

After section 1 of the Powers of Criminal Courts (Sentencing) Act 2000

(court’s power to defer passing of sentence) insert—

“1ZA    

Undertakings to participate in restorative justice activities

(1)   

Without prejudice to the generality of paragraph (b) of section 1(3),

25

the requirements that may be imposed under that paragraph include

restorative justice requirements.

(2)   

Any reference in this section to a restorative justice requirement is to

a requirement to participate in an activity—

(a)   

where the participants consist of, or include, the offender and

30

one or more of the victims,

(b)   

which aims to maximise the offender’s awareness of the

impact of the offending concerned on the victims, and

(c)   

which gives an opportunity to a victim or victims to talk

about, or by other means express experience of, the offending

35

and its impact.

(3)   

Imposition under section 1(3)(b) of a restorative justice requirement

requires, in addition to the offender’s consent and undertaking

under section 1(3), the consent of every other person who would be

a participant in the activity concerned.

40

(4)   

For the purposes of subsection (3), a supervisor appointed under

section 1A(2) does not count as a proposed participant.

(5)   

Where a restorative justice requirement is imposed under section

1(3)(b), the duty under section 1(5) (to give copies of order) extends

 
 

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 4 — Electronic monitoring of offenders

263

 

to every person who would be a participant in the activity

concerned.

(6)   

In this section “victim” means a victim of, or other person affected by,

the offending concerned.”

6          

In section 1(8) of that Act (effect of sections 1 and 1A to 1D) for “1A”

5

substitute “1ZA”.

7          

The amendment made by paragraph 5 does not apply in respect of offences

committed before the amendment comes into force.

Part 3

Removal of limits on compensation orders made against adults

10

8     (1)  

Section 131 of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on

amount payable under magistrates’ court compensation order) is amended

as follows.

      (2)  

Before subsection (1) insert—

“(A1)   

This section applies if (but only if) a magistrates’ court has convicted

15

a person aged under 18 (“the offender”) of an offence or offences.”

      (3)  

In subsection (1) (compensation in respect of an offence not to exceed £5,000)

for “a magistrates’ court in respect of any offence of which the court has

convicted the offender” substitute “the court in respect of the offence, or any

one of the offences,”.

20

      (4)  

In subsection (2) (limit in respect of offences taken into consideration) for “a

magistrates’” substitute “the”.

      (5)  

In the title, at the end insert “in case of young offender”.

9          

In section 33B(5) of the Environmental Protection Act 1990 (limit on

compensation in relation to conviction for certain environmental offences)

25

after “payable” insert “in case of young offender”.

10         

Nothing in this Part of this Schedule affects orders in respect of offences

committed before this Part of this Schedule comes into force.

Part 4

Electronic monitoring of offenders

30

11         

The Criminal Justice Act 2003 is amended as follows.

12    (1)  

Section 177 (community orders) is amended as follows.

      (2)  

In subsection (1) (requirements which may be included in a community

order)—

(a)   

omit the “and” after paragraph (k), and

35

(b)   

after paragraph (l) insert “, and

(m)   

an electronic monitoring requirement (as defined by

section 215).”

      (3)  

In subsection (2) (provisions to which subsection (1) is subject)—

(a)   

omit the “and” after paragraph (g), and

40

 
 

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 4 — Electronic monitoring of offenders

264

 

(b)   

after paragraph (h) insert “, and

(i)   

section 215(2) (electronic monitoring requirement).”

      (4)  

In subsection (3) (curfew or exclusion requirement must be accompanied by

electronic monitoring requirement) for “(as defined by section 215)”

substitute “within section 215(1)(a) for securing the electronic monitoring of

5

the curfew or exclusion requirement”.

      (5)  

Omit subsection (4) (power, in certain cases where subsection (3) does not

apply, to impose requirement for electronic monitoring of another

requirement included in the community order).

      (6)  

In consequence, omit section 72(2) of the Legal Aid, Sentencing and

10

Punishment of Offenders Act 2012.

13    (1)  

Section 190 (suspended sentence orders) is amended as follows.

      (2)  

In subsection (1) (requirements which may be included in a suspended

sentence order)—

(a)   

omit the “and” after paragraph (k), and

15

(b)   

after paragraph (l) insert “, and

(m)   

an electronic monitoring requirement (as defined by

section 215).”

      (3)  

In subsection (2) (provisions to which subsection (1) is subject)—

(a)   

omit the “and” after paragraph (g), and

20

(b)   

after paragraph (h) insert “, and

(i)   

section 215(2) (electronic monitoring requirement).”

      (4)  

In subsection (3) (curfew or exclusion requirement must be accompanied by

electronic monitoring requirement) for “(as defined by section 215)”

substitute “within section 215(1)(a) for securing the electronic monitoring of

25

the curfew or exclusion requirement”.

      (5)  

Omit subsection (4) (power, in certain cases where subsection (3) does not

apply, to impose requirement for electronic monitoring of another

requirement included in the suspended sentence order).

      (6)  

In consequence, omit section 72(4) of the Legal Aid, Sentencing and

30

Punishment of Offenders Act 2012.

14         

In section 192(3)(b) (reviews of suspended sentence order)—

(a)   

after “electronic monitoring requirement” insert “within section

215(1)(a)”, and

(b)   

for “190(1)” substitute “190(1)(a) to (l)”.

35

15         

In section 197(1)(a) (meaning of “the responsible officer” where curfew or

exclusion requirement imposed)—

(a)   

in sub-paragraph (i)—

(i)   

for “177(1)” substitute “177(1)(a) to (l)”, and

(ii)   

for “190(1)” substitute “190(1)(a) to (l)”, and

40

(b)   

in sub-paragraph (ii) after “requirement” insert “within section

215(1)(a)”.

16    (1)  

Section 215 (electronic monitoring requirement) is amended as follows.

 
 

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 4 — Electronic monitoring of offenders

265

 

      (2)  

In subsection (1) (“electronic monitoring requirement” is a requirement for

securing the monitoring of compliance with other requirements)—

(a)   

for “for securing the” substitute “to submit to either or both of the

following—

(a)   

”, and

5

(b)   

at the end insert “, and

(b)   

electronic monitoring of the offender’s whereabouts

(otherwise than for the purpose of monitoring the

offender’s compliance with any other requirements

included in the order) during a period specified in the

10

order.”

      (3)  

After subsection (4) insert—

“(4A)   

Where a relevant order imposes an electronic monitoring

requirement, the offender must (in particular)—

(a)   

submit, as required from time to time by the responsible

15

officer or the person responsible for the monitoring, to—

(i)   

being fitted with, or installation of, any necessary

apparatus, and

(ii)   

inspection or repair of any apparatus fitted or

installed for the purposes of the monitoring,

20

(b)   

not interfere with, or with the working of, any apparatus

fitted or installed for the purposes of the monitoring, and

(c)   

take any steps required by the responsible officer, or the

person responsible for the monitoring, for the purpose of

keeping in working order any apparatus fitted or installed for

25

the purposes of the monitoring.”

      (4)  

In subsection (5) (electronic monitoring requirement not to be imposed for

monitoring compliance with alcohol abstinence and monitoring

requirement) after “electronic monitoring requirement” insert “within

subsection (1)(a)”.

30

      (5)  

In subsection (6) (subsection (5) does not prevent electronic monitoring of

compliance with other requirements) for “this is” substitute “the electronic

monitoring requirement is within subsection (1)(b) or is included”.

17         

After section 215 insert—

“215A   

Data from electronic monitoring: code of practice

35

(1)   

The Secretary of State must issue a code of practice relating to

processing of data gathered in the course of electronic monitoring of

offenders under electronic monitoring requirements imposed by

relevant orders.

(2)   

A failure to observe a code issued under this section does not of itself

40

make a person liable to any criminal or civil proceedings.”

18    (1)  

Section 218 (availability of arrangements in local area) is amended as

follows.

      (2)  

In subsection (4)—

(a)   

after “electronic monitoring requirement” insert “within section

45

215(1)(a)”, and

 
 

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 4 — Electronic monitoring of offenders

266

 

(b)   

in paragraph (b), for “those arrangements” substitute “the

arrangements currently available”.

      (3)  

After subsection (8) insert—

“(9)   

A court may not include an electronic monitoring requirement

within section 215(1)(b) in a relevant order in respect of an offender

5

unless the court—

(a)   

has been notified by the Secretary of State that electronic

monitoring arrangements are available in the local justice

area proposed to be specified in the order,

(b)   

is satisfied that the offender can be fitted with any necessary

10

apparatus under the arrangements currently available and

that any other necessary provision can be made under those

arrangements, and

(c)   

is satisfied that arrangements are generally operational

throughout England and Wales (even if not always

15

operational everywhere there) under which the offender’s

whereabouts can be electronically monitored.”

19         

In Schedule 8 (breach etc of community order) in paragraph 3(b)—

(a)   

after “electronic monitoring requirement” insert “ within section

215(1)(a)”, and

20

(b)   

for “177(1)” substitute “177(1)(a) to (l)”.

20    (1)  

Schedules 9 and 13 (transfer of community or suspended sentence order to

Scotland or Northern Ireland) are amended as follows.

      (2)  

In paragraphs 1(2)(g) and 3(2)(h) of Schedule 9, and paragraphs 1(2)(g) and

6(2)(h) of Schedule 13, after “requirement” insert “within section 215(1)(a)”.

25

      (3)  

In paragraph 1(5) of each of Schedules 9 and 13 (certain requirements not to

be included in orders to be complied with in Scotland) before “to be

complied with” insert “, or an electronic monitoring requirement within

section 215(1)(b),”.

      (4)  

In paragraph 3(1) of Schedule 9 and paragraph 6(1) of Schedule 13 (pre-

30

conditions for imposing requirements where offender will be living in

Northern Ireland) before the “and” at the end of paragraph (a) insert—

“(aa)   

in the case of an order imposing an electronic monitoring

requirement within section 215(1)(b)—

(i)   

that any necessary provision can be made in the

35

offender’s case under arrangements that exist for

persons resident in that locality, and

(ii)   

that arrangements are generally operational

throughout Northern Ireland (even if not always

operational everywhere there) under which the

40

offender’s whereabouts can be electronically

monitored,”.

      (5)  

In paragraphs 3(3)(b) and (4) and 13(b) of Schedule 9 and paragraph 6(3)(b)

and (4) of Schedule 13 (references to the pre-conditions) for “and (b)”

substitute “to (b)”.

45

      (6)  

In paragraph 4(3)(d) of Schedule 9 and paragraph 9(3)(d) of Schedule 13

(disapplication of section 218(4)) for “subsection (4)” substitute “subsections

(4) and (9)”.

 
 

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 5 — Community orders: further provision

267

 

      (7)  

In paragraph 17 of Schedule 13 (reference to the pre-conditions) for “and

(b)”, in the second place, substitute “to (b)”.

21         

In Schedule 12 (breach or amendment of suspended sentence order and

effect of further conviction) in paragraph 15(2)(b)—

(a)   

after “electronic monitoring requirement” insert “within section

5

215(1)(a)”, and

(b)   

for “190(1)” substitute “190(1)(a) to (l)”.

Part 5

Community orders: further provision

Breaches of community orders

10

22    (1)  

Omit paragraph (a) in each of subsections (2) and (5) of section 67 of the

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (amendments

which would have turned duties to deal with breaches into powers to do so).

      (2)  

In paragraph 9(6) of Schedule 8 to the Criminal Justice Act 2003 (which refers

to provision that would have been made by those amendments) for “have

15

the power” substitute “be required”.

Community order not to be made in case of knife etc offence attracting minimum sentence

23    (1)  

In section 150 of the Criminal Justice Act 2003 (no power to make

community order or youth rehabilitation order where sentence fixed by

law)—

20

(a)   

the existing provision becomes subsection (1) of that section, and

(b)   

after that subsection insert—

“(2)   

The power to make a community order is not exercisable in

respect of an offence for which the sentence—

(a)   

falls to be imposed under section 1A(5) of the

25

Prevention of Crime Act 1953 (minimum sentence for

offence of threatening with offensive weapon in

public), or

(b)   

falls to be imposed under section 139AA(7) of the

Criminal Justice Act 1988 (minimum sentence for

30

offence of threatening with article with blade or point

in public or on school premises or with offensive

weapon on school premises).”

      (2)  

In consequence of sub-paragraph (1), in Schedule 26 to the Legal Aid,

Sentencing and Punishment of Offenders Act 2012 omit paragraph 19

35

(which would have made provision corresponding to the new section 150(2)

of the 2003 Act but also preventing the making of youth rehabilitation

orders).

 
 

 
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Revised 20 December 2012