Crime and Courts Bill (HC Bill 137)

(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
the curfew or exclusion requirement”.

(5) 5Omit 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
Punishment of Offenders Act 2012.

14 10In 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)”.

15 In section 197(1)(a) (meaning of “the responsible officer” where curfew or
15exclusion 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

(b) in sub-paragraph (ii) after “requirement” insert “within section
20215(1)(a)”.

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
25following—

“(a)”, and

(b) at the end insert “, and

(b) electronic monitoring of the offender’s whereabouts
(otherwise than for the purpose of monitoring the
30offender’s compliance with any other requirements
included in the order) during a period specified in the
order.”

(3) After subsection (4) insert—

“(4A) Where a relevant order imposes an electronic monitoring
35requirement, the offender must (in particular)—

(a) submit, as required from time to time by the responsible
officer or the person responsible for the monitoring, to—

(i) being fitted with, or installation of, any necessary
apparatus, and

(ii) 40inspection or repair of any apparatus fitted or
installed for the purposes of the monitoring,

(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
45person responsible for the monitoring, for the purpose of
keeping in working order any apparatus fitted or installed for
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)”.

(5) 5In 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

(1) 10The 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
15make 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
20215(1)(a)”, and

(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
25within section 215(1)(b) in a relevant order in respect of an offender
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) 30is satisfied that the offender can be fitted with any necessary
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
35throughout England and Wales (even if not always
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
40215(1)(a)”, and

(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
456(2)(h) of Schedule 13, after “requirement” insert “within section 215(1)(a)”.

(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) 5In paragraph 3(1) of Schedule 9 and paragraph 6(1) of Schedule 13 (pre-
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) 10that any necessary provision can be made in the
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
15operational everywhere there) under which the
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)”
20substitute “to (b)”.

(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)”.

(7) In paragraph 17 of Schedule 13 (reference to the pre-conditions) for “and
25(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
215(1)(a)”, and

(b) 30for “190(1)” substitute “190(1)(a) to (l)”.

Part 5 Community orders: further provision

Breaches of community orders

22 (1) Omit paragraph (a) in each of subsections (2) and (5) of section 67 of the
35Legal 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
the power” substitute “be required”.

40Community 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)—

(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
5Prevention 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
10offence 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
15(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).

Part 6 Statements of assets and other financial circumstances of offenders etc

20Financial 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
financial circumstances) after “statement of his” insert “assets and other”.

Further amendments

25 25In 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
inquiring into means under section 82) for “means”, in the second
place, substitute “assets and other financial circumstances”, and

(b) 30in the title for “means” substitute “assets and other financial
circumstances”.

26 In section 20A of the Criminal Justice Act 1991 (false statements as to
financial circumstances)—

(a) in subsection (1) (person charged with offence commits further
35offence if person responds to official request by making false
statement etc as to financial circumstances) for “his financial
circumstances” substitute “financial circumstances (whether a
statement of assets, of other financial circumstances or of both)”, and

(b) in subsection (1A) (person charged with offence commits further
40offence 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
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
financial circumstances) after “statement of his” insert “assets and
5other”, and

(b) in subsection (6) (provision of false statement) omit “of his financial
circumstances”.

28 (1) The Courts Act 2003 is amended as follows.

(2) In paragraph 48 of Schedule 5 (offences relating to provision of information
10as 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
circumstances (whether a statement of assets, of other financial
15circumstances 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
officer in response to” substitute “fines officer with a statement of
20financial 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
25both)”.

(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

(b) 30in 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 Information to enable a court to deal with an offender

35Power to disclose information

29 (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
40Commissioners for Her Majesty’s Revenue and Customs, may disclose
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
45determining the defendant’s financial circumstances.

(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) 5must not be further disclosed by the relevant person except—

(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

(ii) to another relevant person who wants social security
10information 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

(b) must not be used by the relevant person otherwise than for the
15purpose 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.

(7) Sub-paragraph (5) does not prohibit—

(a) 20disclosure 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
relating to any particular person to be ascertained from it;

(c) 25disclosure 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,

(ii) an order of a tribunal established by or under an Act, or

(iii) 30a 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,

(b) the Court Martial, the Service Civilian Court or the Summary Appeal
35Court, 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—

• “finances information” means information which—

  (a)

  40is 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
  for Her Majesty’s Revenue and Customs in
  45connection with the provision of those services,

  or information which is held with information so held;

• “relevant person” means—

  Crime and Courts BillPage 276

  (a)

  a person who is appointed by the Lord Chancellor under
  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
  5Prosecuting Authority, or

  (c)

  a person not within paragraph (b) who is, or who is assisting,
  a person engaged to represent the Service Prosecuting
  Authority in proceedings before a court;

• “Service Prosecuting Authority” means—

  (a)

  10the Director of Service Prosecutions, and

  (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)

  15by the Secretary of State or a Northern Ireland Department,
  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,

  20or information which is held with information so held.

(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).

25Offence where information wrongly used or disclosed

30 (1) It is an offence for a person to disclose or use information in contravention
of paragraph 29(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
30concerned was lawful.

(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) 35to both;

(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) 40Sub-paragraph (3)(b) applies—

(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) 45in Northern Ireland,

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
5the Director of Public Prosecutions for Northern Ireland.

Part 8 Related amendments in Armed Forces Act 2006

Community orders: punitive elements

31 The Armed Forces Act 2006 is amended as follows.

32 10In section 178 (service community orders), in subsection (3) (provisions of
the 2003 Act in which “community order” includes a service community
order) for “177(3)” substitute “177(2A)”.

33 (1) Section 182 (overseas community orders) is amended as follows.

(2) After subsection (3) insert—

“(3A) 15In section 177(2A) and (2B) of the 2003 Act (community orders:
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) 20In subsection (5) (provisions of the 2003 Act in which “court” includes a
relevant service court) for “those provisions” substitute “the provisions of
the 2003 Act mentioned in subsections (3A) and (4)”.

34 In section 270 (restrictions on community punishments) after subsection (2)
insert—

“(2A) 25Subsection (2) is subject to section 177(2A) of the 2003 Act
(community orders: punitive elements) as applied by section 178(3)
and section 182(3A).”

35 An amendment made by any of paragraphs 32 to 34 does not affect orders in
respect of offences committed before the amendment comes into force.

30Removal of limits on compensation orders made against adults

36 (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
35Court has convicted a person aged under 18 (“the offender”) of an
offence or offences.”

Electronic monitoring of offenders

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

(2) 5In 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
10215A”.

Statements of assets and other financial circumstances of offenders etc

38 In section 266(2) of the Armed Forces Act 2006 (meaning of “financial
statement order”) after “statement of his” insert “assets and other”.

Section 32

SCHEDULE 16 15Deferred prosecution agreements

Part 1 General

Characteristics of a deferred prosecution agreement

1 (1) A deferred prosecution agreement (a “DPA”) is an agreement between a
20designated 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
25agreement;

(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

2 (1) 30Proceedings 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)).

(2) 35As 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.

(4) At a time when proceedings are suspended under sub-paragraph (2), no
5other person may prosecute P for the alleged offence.

Designated prosecutors

3 (1) The following are designated prosecutors—

(a) the Director of Public Prosecutions;

(b) the Director of the Serious Fraud Office;

(c) 10any prosecutor designated under this paragraph by an order made
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
15concerned does not apply.

(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) 20P may be a body corporate, a partnership or an unincorporated association,
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) 25any money payable under the DPA must be paid out of the funds of
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
30in that of any of its members);

(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,
35which may include admissions made by P.

(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
40to, the following requirements—

(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;