Crime and Courts Bill [HL]

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).