|
| |
|
(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 |
| |
| |
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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
Dealing non-custodially with offenders |
| |
| |
Community orders: punitive elements |
| 40 |
1 | The Criminal Justice Act 2003 is amended as follows. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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. |
| |
| 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 |
| |
(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 |
| |
|
| |
|
| |
|
to every person who would be a participant in the activity |
| |
| |
(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 |
| |
7 | The amendment made by paragraph 5 does not apply in respect of offences |
| |
committed before the amendment comes into force. |
| |
| |
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 |
| |
| |
(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 |
| |
| 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. |
| |
| |
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 |
| |
| |
(a) | omit the “and” after paragraph (k), and |
| 35 |
(b) | after paragraph (l) insert “, and |
| |
(m) | an electronic monitoring requirement (as defined by |
| |
| |
(3) | In subsection (2) (provisions to which subsection (1) is subject)— |
| |
(a) | omit the “and” after paragraph (g), and |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
(a) | omit the “and” after paragraph (k), and |
| 15 |
(b) | after paragraph (l) insert “, and |
| |
(m) | an electronic monitoring requirement (as defined by |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
16 (1) | Section 215 (electronic monitoring requirement) is amended as follows. |
| |
|
| |
|
| |
|
(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 |
| |
| |
| 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 |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
(a) | after “electronic monitoring requirement” insert “within section |
| 45 |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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)” |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
(b) | for “190(1)” substitute “190(1)(a) to (l)”. |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
|
| |
|