Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109)

Firearms Act 1968 (c. 27)1968 (c. 27)

3 In section 21 of the Firearms Act 1968 (possession of firearms by persons
previously convicted of crime), omit—

(a) subsection (2A)(d);

(b) 5subsection (2B);

(c) in subsection (6), “, (2B)”.

Magistrates’ Courts Act 1980 (c. 43)1980 (c. 43)

4 Omit section 131(2A) of the Magistrates’ Courts Act 1980 (remand of
accused already in custody).

10Road Traffic Offenders Act 1988 (c. 53)1988 (c. 53)

5 In section 35A of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed), omit subsection
(4)(c) and (d).

Football Spectators Act 1989 (c. 37)1989 (c. 37)

6 15In the Football Spectators Act 1989, omit—

(a) section 14E(7) (banning orders);

(b) section 18(5) (information).

Prisoners (Return to Custody) Act 1995 (c. 3)1995 (c. 3)

7 Omit section 1(1A) of the Prisoners (Return to Custody) Act 1995 (remaining
20at large after temporary release).

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)1995 (c. 23)

8 In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995
(qualifications for standard licence), in paragraph 3(2)(a), for the words from
“of 12 months or more” to the end substitute “exceeding 3 months”.

25Crime (Sentences) Act 1997 (c. 43)1997 (c. 43)

9 (1) Schedule 1 to the Crime (Sentences) Act 1997 (transfers of prisoners within
the British Islands) is amended as follows.

(2) In paragraph 6(4), omit the definitions of “custody plus order” and
“intermittent custody order”.

(3) 30In paragraph 8, in sub-paragraphs (2) and (4)—

(a) after paragraph (aa) insert “; and”;

(b) omit paragraph (ab).

(4) In paragraph 9, in sub-paragraphs (2) and (4)—

(a) after paragraph (aa) insert “; and”;

(b) 35omit paragraph (ab).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

10 In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000
(extension of disqualification where custodial sentence also imposed), omit
subsection (4)(c) and (d).

5Extradition Act 2003 (c. 41)2003 (c. 41)

11 (1) The Extradition Act 2003 is amended as follows.

(2) In the following provisions, omit “(other than temporarily on licence
pursuant to an intermittent custody order under section 183(1)(b) of the
Criminal Justice Act 2003)”—

(a) 10section 59(11)(b) (return of person to serve remainder of sentence);

(b) section 132(11)(b) (return of person to serve remainder of sentence);

(c) section 153B(10)(a)(ii) (return of person in pursuance of
undertaking).

(3) In section 216 (interpretation), omit subsection (6A).

15Criminal Justice Act 2003 (c. 44)2003 (c. 44)

12 The Criminal Justice Act 2003 is amended as follows.

13 In section 195 (interpretation of Chapter 3), omit the definitions of “custodial
period”, “licence period” and “the number of custodial days”.

14 (1) Section 196 (meaning of “relevant order” in Chapter 4) is amended as
20follows.

(2) In subsection (1)—

(a) at the end of paragraph (a) insert “or”;

(b) omit paragraph (b);

(c) omit paragraph (d) and the word “or” preceding it.

(3) 25Omit subsection (2).

15 In section 197(1)(a)(i) (meaning of “responsible officer), omit “182(1) or”.

16 In section 202(4)(b) (circumstances in which court must not include
programme requirement), omit “(or, where the relevant order is a custody
plus order or an intermittent custody order, will be)”.

17 30Omit section 204(4) and (5) (restrictions on imposing curfew requirement).

18 In section 213(3) (definition of “relevant period” for supervision
requirement), omit paragraphs (b) and (c).

19 Omit section 216(2) (requirement to specify area in which offender will
reside).

20 35In section 241 (effect of direction under section 240 or 240A)—

(a) in subsection (1), omit “or Chapter 3 (prison sentences of less than
twelve months)”;

(b) omit subsection (2).

21 (1) Section 244 (duty to release prisoners) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3)—

(a) omit paragraphs (b) and (c);

(b) in paragraph (d), omit “none of which falls within paragraph (c)”.

22 5Omit section 245 (restrictions on duty to release intermittent custody
prisoners).

23 (1) Section 246 (power to release prisoners on licence early) is amended as
follows.

(2) In subsection (1)—

(a) 10in paragraph (a), omit “, other than an intermittent custody
prisoner,”;

(b) omit paragraph (b) and the word “and” preceding it.

(3) Omit subsection (3).

(4) In subsection (4)(i), omit from “or, where the sentence is one of intermittent
15custody” to the end.

(5) In subsection (5)—

(a) in paragraph (a), omit “or (b), (3)”;

(b) in paragraph (c), omit “or (3)(b)(ii)”.

(6) In subsection (6)—

(a) 20omit the definition of “the required custodial days”;

(b) in the definition of “the requisite custodial period”, omit “other than
a sentence of intermittent custody” and “, (b)”;

(c) omit the definition of “sentence of intermittent custody”.

24 In section 249 (duration of licence)—

(a) 25in subsection (1), for “subsections (2) and (3)” substitute “subsection
(3)”;

(b) omit subsection (2);

(c) in subsection (3), omit the words from “and subsection (2)” to the
end;

(d) 30omit subsection (4).

25 In section 250 (licence conditions)—

(a) omit subsections (2), (2A), (3) and (6);

(b) in subsection (7), for the words from “section 264(3)” to the end
substitute “and section 264(3) (consecutive terms)”.

26 35Omit section 251 (licence conditions on re-release of those serving less than
12 months).

27 In section 252(2) (duty to comply with licence conditions: overseas)—

(a) at the end of paragraph (a) insert “and”;

(b) omit paragraph (b).

28 40Omit section 253(4) (curfew conditions for those subject to intermittent
custody order).

29 In section 260(7) (early removal of persons liable to removal from UK:
definition of “requisite custodial period”), omit “, (b)”.

30 In section 261(6) (re-entry to UK of offender removed early: definitions), in
the definition of “requisite custodial period”, omit “, (b)”.

31 Omit section 263(3) (concurrent terms: requirements of licence).

32 (1) Section 264 (consecutive terms) is amended as follows.

(2) 5Omit subsection (1)(c) and the “and” preceding it.

(3) In subsection (6) omit—

(a) paragraph (a)(iii) and the “and” preceding it;

(b) paragraph (b).

33 Omit section 264A (consecutive terms: intermittent custody).

34 10Omit section 265(1B) (restriction on consecutive sentences: intermittent
custody).

35 In section 268 (interpretation of Chapter 6), omit the definitions of
“intermittent custody prisoner”, “release” and “relevant court order”.

36 In section 302 (execution of process between England and Wales and
15Scotland), omit “paragraph 8(1) of Schedule 10”.

37 In section 305(1) (interpretation of Part 12)—

(a) omit the definition of “custody plus order”;

(b) omit the definition of “intermittent custody order”;

(c) omit the words “custody plus order, intermittent custody order”
20(wherever they appear);

(d) in the definition of “responsible officer”, omit the words “a custody
plus order, an intermittent custody order”.

38 (1) Schedule 12 (breach or amendment of suspended sentence order etc) is
amended as follows.

(2) 25In paragraph 8(2) (powers of court on breach of community requirement or
conviction of further offence)—

(a) in paragraph (a), omit “and custodial period”;

(b) in paragraph (b), for the words from “with either or both” to the end
substitute “with the substitution for the original term of a lesser
30term”.

(3) In paragraph 9(1) (further provision as to order that suspended sentence is
to take effect)—

(a) omit “and custodial period”;

(b) omit paragraph (a).

39 35In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2),
(3) and (6), 29, 57, 58 and 68(2).

Domestic Violence, Crime and Victims Act 2004 (c. 28)2004 (c. 28)

40 (1) The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

(2) Omit section 31 and Schedule 6 (intermittent custody).

(3) 40In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act
2003.

Armed Forces Act 2006 (c. 52)2006 (c. 52)

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

(2) In section 196 (term of sentence etc), omit—

(a) the reference to sections 181 and 182 of the Criminal Justice Act 2003;

(b) 5in the reference to Chapter 4 of Part 12 of that Act, the words
“custody plus order or”.

(3) Omit sections 197 to 199 (imprisonment with or without custody plus order).

(4) In section 207 (definitions), omit the definition of “custody plus order”.

(5) In Schedule 7 (suspended sentence: further conviction or breach of
10requirement), omit paragraph 9(1)(a) (modification of paragraph 9(1)(a) of
Schedule 12 to the Criminal Justice Act 2003).

(6) In Schedule 16 (minor and consequential amendments), omit paragraphs
222 and 223.

Criminal Justice and Immigration Act 2008 (c. 4)2008 (c. 4)

42 15Omit section 20(2) and (3) of the Criminal Justice and Immigration Act 2008.

Policing and Crime Act 2009 (c. 26)2009 (c. 26)

43 Omit section 71(10) of the Policing and Crime Act 2009.

Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643S.I. 2005/643)

44 Article 2(4) of the Criminal Justice Act 2003 (Sentencing) (Transitory
20Provisions) Order 2005 is revoked.

Section 83

SCHEDULE 11 Amendment of enactments relating to bail

Bail Act 1976 (c. 63)Bail Act 1976 (c. 63)

1 The Bail Act 1976 is amended as follows.

2 25In section 2(2) (definitions)—

(a) insert the following definitions at the appropriate places—

• ““bail in non-extradition proceedings” means bail in
  criminal proceedings of the kind mentioned in section
  1(1)(a),”;

• 30““custodial sentence” means a sentence or order
  mentioned in section 76(1) of the Powers of Criminal
  Courts (Sentencing) Act 2000 or any corresponding
  sentence or order imposed or made under any earlier
  enactment,”, and

(b) 35in the definition of “young person” for “seventeen” substitute
“eighteen”.

3 In section 3(7) (provision relating to parent or guardian being surety for
child or young person)—

(a) for “a child or young person” substitute “a person under the age of
seventeen”,

(b) 5for the words “the child or young person”, in both places they
appear, substitute “the person”, and

(c) in paragraph (a)—

(i) omit “of a young person”, and

(ii) omit “young” in the second place it appears.

4 (1) 10Section 3AB (conditions for the imposition of electronic monitoring
requirements: other persons) is amended as follows.

(2) In subsection (1) for “seventeen” substitute “eighteen”.

(3) Omit subsection (4).

5 (1) Section 7 (liability to arrest for absconding or breaking conditions of bail) is
15amended as follows.

(2) In subsection (5) for “subsection (6)” substitute “subsections (5A) and (6)”.

(3) After subsection (5) insert—

“(5A) A justice of the peace may not remand a person in, or commit a
person to, custody under subsection (5) if—

(a) 20the person has attained the age of eighteen,

(b) the person was released on bail in non-extradition
proceedings,

(c) the person has not been convicted of an offence in those
proceedings, and

(d) 25it appears to the justice of the peace that there is no real
prospect that the person will be sentenced to a custodial
sentence in the proceedings.”

(4) In subsection (6) for “the person so brought before the justice” substitute “a
person brought before a justice under subsection (4) or (4B)”.

6 (1) 30Section 9A (bail decisions relating to persons aged under 18 who are accused
of offences mentioned in Schedule 2 to the Magistrates’ Courts Act 1980) is
amended as follows.

(2) In the heading for “persons aged under 18” substitute “children or young
persons”.

(3) 35In subsection (1)(a) for “person aged under 18” substitute “child or young
person”.

(4) In subsections (2) and (3)(b) after “accused” insert “child or young”.

7 Part 1 of Schedule 1 (bail for defendants accused or convicted of certain
imprisonable offences) is amended in accordance with paragraphs 8 to 18.

8 40For the heading immediately before paragraph 1 (defendants to whom Part
1 applies) substitute “Application of Part 1”.

9 In paragraph 1 (defendants to whom Part 1 applies) in sub-paragraph (1)
after “sub-paragraph (2)” insert “and paragraph 1A”.

10 After paragraph 1 insert—

“1A (1) The paragraphs of this Part of this Schedule mentioned in sub-
paragraph (2) do not apply in relation to bail in non-extradition
proceedings where—

(a) 5the defendant has attained the age of 18,

(b) the defendant has not been convicted of an offence in those
proceedings, and

(c) it appears to the court that there is no real prospect that the
defendant will be sentenced to a custodial sentence in the
10proceedings.

(2) The paragraphs are—

(a) paragraph 2 (refusal of bail where defendant may fail to
surrender to custody, commit offences on bail or interfere
with witnesses),

(b) 15paragraph 2A (refusal of bail where defendant appears to
have committed indictable or either way offence while on
bail), and

(c) paragraph 6 (refusal of bail where defendant has been
arrested under section 7).”

11 20In paragraph 2 (exceptions to bail where defendant may fail to surrender to
custody, commit offences on bail or interfere with witnesses) for sub-
paragraph (2) substitute—

“(2) Where the defendant falls within paragraph 6B, this paragraph
does not apply unless—

(a) 25the court is of the opinion mentioned in paragraph 6A, or

(b) paragraph 6A does not apply by virtue of paragraph 6C.”

12 After paragraph 2 insert—

“2ZA (1) The defendant need not be granted bail if the court is satisfied that
there are substantial grounds for believing that the defendant, if
30released on bail (whether subject to conditions or not), would
commit an offence while on bail by engaging in conduct that
would, or would be likely to, cause—

(a) physical or mental injury to an associated person; or

(b) an associated person to fear physical or mental injury.

(2) 35In sub-paragraph (1) “associated person” means a person who is
associated with the defendant within the meaning of section 62 of
the Family Law Act 1996.”

13 For paragraph 2A (refusal of bail where defendant appears to have
committed offence while on bail) substitute—

“2A 40The defendant need not be granted bail if—

(a) the offence is an indictable offence or an offence triable
either way, and

(b) it appears to the court that the defendant was on bail in
criminal proceedings on the date of the offence.”

14 45For paragraph 6 (refusal of bail where defendant fails to surrender to

custody or has been arrested under section 7) substitute—

“6 The defendant need not be granted bail if, having previously been
released on bail in, or in connection with, the proceedings, the
defendant has been arrested in pursuance of section 7.”

15 5In paragraph 6A (certain drug users to be refused bail unless no significant
risk of offending while on bail) for “is satisfied” substitute “is of the
opinion”.

16 In paragraph 9 (considerations to which the court must have regard)—

(a) for “2A(1), 6(1) or 6A” substitute “2ZA(1)”, and

(b) 10after “paragraph 6ZA” insert “or 6A”.

17 In paragraph 9AA (court to give particular weight to the fact that an under
18 defendant was on bail when the offence was committed) in sub-
paragraph (1)(a) for “under the age of 18” substitute “a child or young
person”.

18 15In paragraph 9AB (factors to be given particular weight by the court when
making a decision for the purposes of section 2(1)(a), in the case of an under
18 defendant who has failed to surrender) in sub-paragraph (1)(a) for “under
the age of 18” substitute “a child or young person”.

19 Part 1A of Schedule 1 (bail for defendants accused or convicted of
20imprisonable offences to which Part 1 of that Schedule does not apply) is
amended in accordance with paragraphs 20 to 23.

20 For the heading immediately before paragraph 1 (defendants to whom Part
1A applies) substitute “Application of Part 1A”.

21 In paragraph 1 (defendants to whom Part 1A applies) for “The” substitute
25“Subject to paragraph 1A, the”.

22 After paragraph 1 insert—

“1A (1) The paragraphs of this Part of this Schedule mentioned in sub-
paragraph (2) do not apply in relation to bail in, or in connection
with, proceedings where—

(a) 30the defendant has attained the age of 18,

(b) the defendant has not been convicted of an offence in those
proceedings, and

(c) it appears to the court that there is no real prospect that the
defendant will be sentenced to a custodial sentence in the
35proceedings.

(2) The paragraphs are—

(a) paragraph 2 (refusal of bail for failure to surrender to
custody),

(b) paragraph 3 (refusal of bail where defendant would
40commit further offences on bail), and

(c) paragraph 7 (refusal of bail in certain circumstances when
arrested under section 7).”

23 (1) Paragraph 4 (refusal of bail to defendants who are likely to cause injury or
fear of injury) is amended as follows.

(2) 45The existing words become sub-paragraph (1).

(3) In paragraphs (a) and (b) of that sub-paragraph for “any person other than
the defendant”, in both places those words appear, substitute “an associated
person”.

(4) After that sub-paragraph insert—

“(2) 5In sub-paragraph (1) “associated person” means a person who is
associated with the defendant within the meaning of section 62 of
the Family Law Act 1996.”

24 Part 2 of Schedule 1 (bail for defendants accused or convicted of non-
imprisonable offences) is amended in accordance with paragraphs 25 to 27.

25 10In paragraph 2 (refusal of bail for failure to surrender to custody) after “bail
if—” insert—

“(za) the defendant—

(i) is a child or young person, or

(ii) has been convicted in the proceedings of an offence;”.

26 15In paragraph 5 (refusal of bail in certain circumstances when arrested under
section 7) after “bail if—” insert—

“(za) the defendant—

(i) is a child or young person, or

(ii) has been convicted in the proceedings of an offence;”.

27 20After paragraph 5 insert—

“6 (1) The defendant need not be granted bail if—

(a) having been released on bail in, or in connection with, the
proceedings for the offence, the defendant has been
arrested in pursuance of section 7, and

(b) 25the court is satisfied that there are substantial grounds for
believing that the defendant, if released on bail (whether
subject to conditions or not), would commit an offence
while on bail by engaging in conduct that would, or would
be likely to, cause—

(i) 30physical or mental injury to an associated person,
or

(ii) an associated person to fear physical or mental
injury.

(2) In sub-paragraph (1) “associated person” means a person who is
35associated with the defendant within the meaning of section 62 of
the Family Law Act 1996.”

28 (1) Paragraph 2 of Part 3 of Schedule 1 (references to previous grants of bail) is
amended as follows.

(2) In paragraph (b) for “section 14(1) of the Criminal Justice Act 2003”
40substitute “paragraph 13 of Schedule 11 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2011”.

(3) In paragraph (c) for “section 15(1) of the Criminal Justice Act 2003”
substitute “paragraph 14 of Schedule 11 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2011”.

(4) After paragraph (f) insert “;

(g) as respects the reference in paragraph 6 of Part 2 of this
Schedule, bail granted before the coming into force of that
paragraph.”

5Criminal Justice and Public Order Act 1994 (c. 33)Criminal Justice and Public Order Act 1994 (c. 33)

29 In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for
defendants charged with or convicted of homicide or rape after previous
conviction for such offences) in subsection (1) for “is satisfied” substitute “is
of the opinion”.

10Consequential amendment

30 In section 38(2A) of the Police and Criminal Evidence Act 1984
(considerations applicable to paragraph 2 of Part 1 of Schedule 1 to the 1976
Act to be taken into account by custody officer when making decision about
bail after charge) for “paragraph 2(2)” substitute “paragraphs 1A and 2(2)”.

Section 98

15SCHEDULE 12 Remands of children otherwise than on bail: minor and consequential
amendments

Criminal Justice Act 1948 (c. 58)1948 (c. 58)

1 Section 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20)
20is amended as follows.

2 In the heading, for “17” substitute “18”.

3 In subsection (1) for “seventeen” substitute “eighteen”.

Prison Act 1952 (c. 52)1952 (c. 52)

4 In section 43(1) of the Prison Act 1952 (power of Secretary of State to provide
25young offender institutions, secure training centres etc), at the end of
paragraph (d) insert “and in which children who have been remanded to
youth detention accommodation under section 84(4) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 may be detained”.

Children and Young Persons Act 1969 (c. 54)1969 (c. 54)

5 30The Children and Young Persons Act 1969 is amended as follows.

6 Omit section 23 (remands and committals to local authority
accommodation).

7 Omit section 23AA (electronic monitoring of conditions of remand).

8 Omit section 23A (liability to arrest for breaking conditions of remand).

9 (1) 35Section 23B (report by local authority in certain cases where person
remanded on bail) is amended as follows.