Crime and Courts Bill [HL]

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 6 — Statements of assets and other financial circumstances of offenders etc
268

Part 6
Statements of assets and other financial circumstances of offenders etc
Financial circumstances orders
24
In section 162(3) of the Criminal Justice Act 2003 (a “financial circumstances
order” is a pre-sentencing order requiring a statement of an offender’s
5
financial circumstances) after “statement of his” insert “assets and other”.
Further amendments
25
In section 84 of the Magistrates’ Courts Act 1980 (court’s power to require
statement of means)—
(a)
in subsection (1) (court may require statement of means before or on
10
inquiring into means under section 82) for “means”, in the second
place, substitute “assets and other financial circumstances”, and
(b)
in the title for “means” substitute “assets and other financial
circumstances”.
26
In section 20A of the Criminal Justice Act 1991 (false statements as to
15
financial circumstances)—
(a)
in subsection (1) (person charged with offence commits further
offence if person responds to official request by making false
statement etc as to financial circumstances) for “his financial
circumstances” substitute “financial circumstances (whether a
20
statement of assets, of other financial circumstances or of both)”, and
(b)
in subsection (1A) (person charged with offence commits further
offence if person fails to provide statement of financial circumstances
in response to official request) for “his financial circumstances in
response to” substitute “financial circumstances (whether a
25
statement of assets, of other financial circumstances or of both)
requested by”.
27
In section 13B of the Crime and Disorder Act 1998 (parental compensation
orders: the compensation)—
(a)
in subsection (4) (provision by parent or guardian of statement of
30
financial circumstances) after “statement of his” insert “assets and
other”, and
(b)
in subsection (6) (provision of false statement) omit “of his financial
circumstances”.
28    (1)
The Courts Act 2003 is amended as follows.
35
      (2)
In paragraph 48 of Schedule 5 (offences relating to provision of information
as to financial circumstances)—
(a)
in sub-paragraph (1) (person commits offence if person responds to
relevant request by making false statement etc as to financial
circumstances) for “his financial circumstances” substitute “financial
40
circumstances (whether a statement of assets, of other financial
circumstances or of both)”,
(b)
in sub-paragraph (3) (person commits offence if person fails to
provide statement of financial circumstances in response to relevant
request) for “statement of his financial circumstances to a fines
45
officer in response to” substitute “fines officer with a statement of

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 8 — Information to enable a court to deal with an offender
269

financial circumstances (whether a statement of assets, of other
financial circumstances or of both) requested by”, and
(c)
in sub-paragraph (5) (meaning of “relevant request”), in the opening
words, after “information about P’s financial circumstances” insert
“(whether about P’s assets, P’s other financial circumstances or
5
both)”.
      (3)
In paragraph 2 of Schedule 6 (cases in which work order may be made)—
(a)
in sub-paragraph (3) (magistrates’ court considering making work
order may order person to give statement of means) for “means”
substitute “assets and other financial circumstances”, and
10
(b)
in sub-paragraph (4) (application of section 84(2) and (4) of the
Magistrates’ Courts Act 1980) for “means” substitute “assets and
other financial circumstances”.
Part 7
Provision for female offenders
15
29    (1)
Contracts made by the Secretary of State with probation trusts shall require
each probation trust to make appropriate provision for the delivery of
services to female offenders.
      (2)
Provision under sub-paragraph (1) shall include provision for women
wherever appropriate to carry out unpaid work and participate in
20
programmes designed to change offending behaviour with the particular
needs of women in mind.
Part 8
Information to enable a court to deal with an offender
Power to disclose information
25
30    (1)
The Secretary of State or a Northern Ireland Department, or a person
providing services to the Secretary of State or a Northern Ireland
Department, may disclose social security information to a relevant person.
      (2)
Her Majesty’s Revenue and Customs, or a person providing services to the
Commissioners for Her Majesty’s Revenue and Customs, may disclose
30
finances information to a relevant person.
      (3)
The disclosure authorised by sub-paragraph (1) or (2) is disclosure of the
information concerned for use by a court that, in connection with dealing
with a person (“the defendant”) for an offence, is inquiring into or
determining the defendant’s financial circumstances.
35
      (4)
Sub-paragraphs (1) and (2) do not authorise disclosure in a particular case at
a time when the defendant is under 18.
      (5)
Information disclosed to a relevant person under sub-paragraph (1) or (2) or
paragraph (a)(ii)—
(a)
must not be further disclosed by the relevant person except—
40
(i)
to a court that, in connection with dealing with the defendant
for the offence, is inquiring into or determining the
defendant’s financial circumstances, or

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 8 — Information to enable a court to deal with an offender
270

(ii)
to another relevant person who wants social security
information or finances information in order that it can be put
before a court that, in connection with dealing with the
defendant for the offence, is inquiring into or determining the
defendant’s financial circumstances, and
5
(b)
must not be used by the relevant person otherwise than for the
purpose of disclosing it as mentioned in paragraph (a)(i) or (ii).
      (6)
Sub-paragraphs (1), (2) and (5)(a) not only authorise disclosure after
conviction of the defendant but also authorise disclosure at any time after
the defendant is first charged with the offence.
10
      (7)
Sub-paragraph (5) does not prohibit—
(a)
disclosure to the defendant, or to a person representing the
defendant in any proceedings in connection with the offence;
(b)
disclosure or use of information which is in the form of a summary
or collection of information so framed as not to enable information
15
relating to any particular person to be ascertained from it;
(c)
disclosure or use of information which has previously been disclosed
to the public with lawful authority;
(d)
disclosure or use of information so far as necessary to comply with—
(i)
an order of a court,
20
(ii)
an order of a tribunal established by or under an Act, or
(iii)
a duty imposed by or under an Act.
      (8)
In sub-paragraph (7) “court” means any court, but elsewhere in this
paragraph “court” means—
(a)
a magistrates’ court, or the Crown Court, in England and Wales,
25
(b)
the Court Martial, the Service Civilian Court or the Summary Appeal
Court, or
(c)
any court hearing an appeal (including an appeal by case stated)
from a court within paragraph (a) or (b).
      (9)
In this paragraph—
30
“finances information” means information which—
(a)
is about a person’s income, gains or capital, and
(b)
is held—
(i)
by Her Majesty’s Revenue and Customs, or
(ii)
by a person providing services to the Commissioners
35
for Her Majesty’s Revenue and Customs in
connection with the provision of those services,
or information which is held with information so held;
“relevant person” means—
(a)
a person who is appointed by the Lord Chancellor under
40
section 2(1) of the Courts Act 2003 or provided under a
contract made by virtue of section 2(4) of that Act,
(b)
a person who is a member of or on the staff of the Service
Prosecuting Authority, or
(c)
a person not within paragraph (b) who is, or who is assisting,
45
a person engaged to represent the Service Prosecuting
Authority in proceedings before a court;
“Service Prosecuting Authority” means—
(a)
the Director of Service Prosecutions, and

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 8 — Information to enable a court to deal with an offender
271

(b)
the persons appointed under section 365 of the Armed Forces
Act 2006 (prosecuting officers);
“social security information” means information which is held for the
purposes of functions relating to social security—
(a)
by the Secretary of State or a Northern Ireland Department,
5
or
(b)
by a person providing services to the Secretary of State, or a
Northern Ireland Department, in connection with the
provision of those services,
or information which is held with information so held.
10
     (10)
The reference in sub-paragraph (9) to functions relating to social security
includes a reference to functions relating to any of the matters listed in
section 127(8) of the Welfare Reform Act 2012 (statutory payments and
maternity allowances).
Offence where information wrongly used or disclosed
15
31    (1)
It is an offence for a person to disclose or use information in contravention
of paragraph 30(5).
      (2)
It is a defence for a person charged with an offence under sub-paragraph (1)
to prove that the person reasonably believed that the disclosure or use
concerned was lawful.
20
      (3)
A person guilty of an offence under sub-paragraph (1) is liable—
(a)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years, or
(ii)
to a fine, or
(iii)
to both;
25
(b)
on summary conviction—
(i)
to imprisonment for a period not exceeding 12 months, or
(ii)
to a fine not exceeding the statutory maximum, or
(iii)
to both.
      (4)
Sub-paragraph (3)(b) applies—
30
(a)
in England and Wales in relation to offences committed before the
commencement of section 154(1) of the Criminal Justice Act 2003
(general limit on power of magistrates’ courts to impose
imprisonment), and
(b)
in Northern Ireland,
35

as if the reference to 12 months were a reference to 6 months.
      (5)
A prosecution for an offence under sub-paragraph (1)—
(a)
may be instituted in England and Wales only by or with the consent
of the Director of Public Prosecutions, and
(b)
may be instituted in Northern Ireland only by or with the consent of
40
the Director of Public Prosecutions for Northern Ireland.

Crime and Courts Bill [HL]
Schedule 15 — Dealing non-custodially with offenders
Part 9 — Related amendments in Armed Forces Act 2006
272

Part 9
Related amendments in Armed Forces Act 2006
Community orders: punitive elements
32
The Armed Forces Act 2006 is amended as follows.
33
In section 178 (service community orders), in subsection (3) (provisions of
5
the 2003 Act in which “community order” includes a service community
order) for “177(3)” substitute “177(2A)”.
34    (1)
Section 182 (overseas community orders) is amended as follows.
      (2)
After subsection (3) insert—
“(3A)
In section 177(2A) and (2B) of the 2003 Act (community orders:
10
punitive elements) “community order” includes an overseas
community order if the offender is aged 18 or over when convicted
of the offence in respect of which the overseas community order is
made.”
      (3)
In subsection (5) (provisions of the 2003 Act in which “court” includes a
15
relevant service court) for “those provisions” substitute “the provisions of
the 2003 Act mentioned in subsections (3A) and (4)”.
35
In section 270 (restrictions on community punishments) after subsection (2)
insert—
“(2A)
Subsection (2) is subject to section 177(2A) of the 2003 Act
20
(community orders: punitive elements) as applied by section 178(3)
and section 182(3A).”
36
An amendment made by any of paragraphs 33 to 35 does not affect orders in
respect of offences committed before the amendment comes into force.
Removal of limits on compensation orders made against adults
25
37    (1)
Section 284 of the Armed Forces Act 2006 (Service Civilian Court
compensation orders etc: maximum amounts) is amended as follows.
      (2)
After subsection (2) insert—
“(2A)
The following subsections apply if (but only if) the Service Civilian
Court has convicted a person aged under 18 (“the offender”) of an
30
offence or offences.”
      (3)
In subsection (3) (compensation in respect of an offence not to exceed
amount mentioned in section 131(1) of the Powers of Criminal Courts
(Sentencing) Act 2000) for “any offence of which the court has convicted the
offender” substitute “the offence, or any one of the offences,”.
35
      (4)
Nothing in this paragraph affects orders in respect of offences committed
before the day on which this paragraph comes into force.
Electronic monitoring of offenders
38    (1)
The Armed Forces Act 2006 is amended as follows.

Crime and Courts Bill [HL]
Schedule 16 — Deferred prosecution agreements
Part 1 — General
273

      (2)
In section 182(1A) (requirements which may not be included in overseas
community orders) at the end insert “or (m) (an electronic monitoring
requirement)”.
      (3)
In section 183(1) (provisions of Criminal Justice Act 2003 which do not apply
to overseas community orders) for “section 215” substitute “sections 215 and
5
215A”.
Statements of assets and other financial circumstances of offenders etc
39
In section 266(2) of the Armed Forces Act 2006 (meaning of “financial
statement order”) after “statement of his” insert “assets and other”.
Schedule 16
10
Section 32

Deferred prosecution agreements
Part 1
General
Characteristics of a deferred prosecution agreement
1     (1)
A deferred prosecution agreement (a “DPA”) is an agreement between a
15
designated prosecutor and a person (“P”) whom the prosecutor is
considering prosecuting for an offence specified in Part 2 (the “alleged
offence”).
      (2)
Under a DPA—
(a)
P agrees to comply with the requirements imposed on P by the
20
agreement;
(b)
the prosecutor agrees that, upon approval of the DPA by the court
(see paragraph 8), paragraph 2 is to apply in relation to the
prosecution of P for the alleged offence.
Effect of DPA on court proceedings
25
2     (1)
Proceedings in respect of the alleged offence are to be instituted by the
prosecutor in the Crown Court by preferring a bill of indictment charging P
with the alleged offence (see section 2(2)(ba) of the Administration of Justice
(Miscellaneous Provisions) Act 1933 (bill of indictment preferred with
consent of Crown Court judge following DPA approval)).
30
      (2)
As soon as proceedings are instituted under sub-paragraph (1) they are
automatically suspended.
      (3)
The suspension may only be lifted on an application to the Crown Court by
the prosecutor; and no such application may be made at any time when the
DPA is in force.
35
      (4)
At a time when proceedings are suspended under sub-paragraph (2), no
other person may prosecute P for the alleged offence.

Crime and Courts Bill [HL]
Schedule 16 — Deferred prosecution agreements
Part 1 — General
274

Designated prosecutors
3     (1)
The following are designated prosecutors—
(a)
the Director of Public Prosecutions;
(b)
the Director of the Serious Fraud Office;
(c)
any prosecutor designated under this paragraph by an order made
5
by the Secretary of State.
      (2)
A designated prosecutor must exercise personally the power to enter into a
DPA and, accordingly, any enactment that enables a function of a
designated prosecutor to be exercised by a person other than the prosecutor
concerned does not apply.
10
      (3)
But if the designated prosecutor is unavailable, the power to enter into a
DPA may be exercised personally by a person authorised in writing by the
designated prosecutor.
Persons who may enter into a DPA with a prosecutor
4     (1)
P may be a body corporate, a partnership or an unincorporated association,
15
but may not be an individual.
      (2)
In the case of a DPA between a prosecutor and a partnership—
(a)
the DPA must be entered into in the name of the partnership (and not
in that of any of the partners);
(b)
any money payable under the DPA must be paid out of the funds of
20
the partnership.
      (3)
In the case of a DPA between a prosecutor and an unincorporated
association—
(a)
the DPA must be entered into in the name of the association (and not
in that of any of its members);
25
(b)
any money payable under the DPA must be paid out of the funds of
the association.
Content of a DPA
5     (1)
A DPA must contain a statement of facts relating to the alleged offence,
which may include admissions made by P.
30
      (2)
A DPA must specify an expiry date, which is the date on which the DPA
ceases to have effect if it has not already been terminated under paragraph
9 (breach).
      (3)
The requirements that a DPA may impose on P include, but are not limited
to, the following requirements—
35
(a)
to pay to the prosecutor a financial penalty;
(b)
to compensate victims of the alleged offence;
(c)
to donate money to a charity or other third party;
(d)
to disgorge any profits made by P from the alleged offence;
(e)
to implement a compliance programme or make changes to an
40
existing compliance programme relating to P’s policies or to the
training of P’s employees or both;
(f)
to co-operate in any investigation related to the alleged offence;