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

(a) after “participate” insert “in accordance with this section”, and

(b) for the words from “specified in the order” to the end of the subsection
substitute “on the number of days specified in the order.”

(5) Omit subsections (4) and (5) (requirements to be met before court includes a
5programme requirement in a relevant order).

(6) In subsection (6) (effect of programme requirement)—

(a) for “requirement to attend an accredited programme” substitute
“programme requirement”, and

(b) in paragraph (a), for “at the place specified in the order” substitute “that
10is from time to time specified by the responsible officer at the place that
is so specified”.

(7) In subsection (7) (requirement for place providing programme requirement to
be approved) for “in an order” substitute “by a responsible officer”.

(8) In consequence of subsection (5), omit paragraph 86 of Schedule 4 to the
15Criminal Justice and Immigration Act 2008.

67 Curfew requirement

(1) Section 204 of the Criminal Justice Act 2003 (orders imposing curfew
requirements) is amended as follows.

(2) In subsection (2) (order may not specify curfew period of more than twelve
20hours) for “twelve” substitute “sixteen”.

(3) In subsection (3) (order may not specify curfew periods outside period of six
months from making of order) for “six” substitute “twelve”.

68 Foreign travel prohibition requirement

(1) In section 177 of the Criminal Justice Act 2003 (community orders), in
25subsection (1), after paragraph (g) insert—

“(ga) a foreign travel prohibition requirement (as defined by section
206A),”.

(2) In subsection (4) of that section (power to impose electronic monitoring
requirement), after “a residence requirement,” insert “a foreign travel
30prohibition requirement,”.

(3) In section 190 of that Act (imposition of requirements by suspended sentence
order), in subsection (1), after paragraph (g) insert—

“(ga) a foreign travel prohibition requirement (as defined by section
206A),”.

(4) 35In subsection (4) of that section (power to impose electronic monitoring
requirement), after “a residence requirement,” insert “a foreign travel
prohibition requirement,”.

(5) After section 206 of that Act insert—

“206A Foreign travel prohibition requirement

(1) 40In this Part “foreign travel prohibition requirement”, in relation to a
relevant order, means a requirement prohibiting the offender from

travelling, on a day or days specified in the order, or for a period so
specified—

(a) to any country outside the British Islands specified or described
in the order,

(b) 5to any country outside the British Islands other than a country
specified or described in the order, or

(c) to any country outside the British Islands.

(2) A day specified under subsection (1) may not fall outside the period of
12 months beginning with the day on which the community order is
10made.

(3) A period specified under that subsection may not exceed 12 months
beginning with the day on which the community order is made.”

(6) In section 305(1) of that Act (interpretation of Part 12), at the appropriate place
insert—

• 15““foreign travel prohibition requirement”, in relation to a
  community order or suspended sentence order, has the
  meaning given by section 206A;”.

69 Mental health treatment requirement

(1) Section 207 of the Criminal Justice Act 2003 (mental health treatment
20requirement) is amended as follows.

(2) In subsection (3)(a) (requirement for court to be satisfied as to offender’s
mental condition on evidence of registered medical practitioner)—

(a) omit the words from “, on the evidence” to “1983,”, and

(b) in sub-paragraph (ii), for “that Act” substitute “the Mental Health Act
251983”.

(3) Omit subsection (5) (application of section 54(2) and (3) of the Mental Health
Act 1983 to proof of offender’s mental condition).

70 Drug rehabilitation requirement

(1) In section 209 of the Criminal Justice Act 2003 (drug rehabilitation
30requirements) omit subsection (3) (requirement for treatment and testing
period to be at least six months).

(2) In section 211(2) of that Act (powers of court at review hearing)—

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

(b) omit paragraph (b) and the “and” at the end of that paragraph.

71 35Alcohol treatment requirement

In section 212 of the Criminal Justice Act 2003 (alcohol treatment requirement)
omit subsection (4) (requirement for alcohol treatment requirement to have
effect for at least six months).

Overseas community orders and service community orders

72 Overseas community orders and service community orders

(1) Section 182 of the Armed Forces Act 2006 (general provisions about overseas
community orders) is amended as follows.

(2) 5In subsection (1)(a) (requirements that may be imposed by overseas
community orders), after “Act)” insert “(but see subsection (1A) below)”.

(3) After subsection (1) insert—

“(1A) The order may not include a requirement mentioned in section
177(1)(ga) (a foreign travel prohibition requirement).”

(4) 10In subsection (4) (application of section 177(5) and (6) of the Criminal Justice
Act 2003 to overseas community orders), after “(5)” insert “, (5A), (5B)”.

(5) In section 322 of that Act (financial penalty enforcement orders), in the
definition of “financial penalty” in subsection (4), after “including” insert “a
fine imposed by the Court Martial or the Service Civilian Court under
15paragraph 10(1)(aa) of Schedule 8 to the 2003 Act by virtue of section 184 and
Part 2 of Schedule 5 (breach etc of overseas community order) or”.

(6) In Part 1 of Schedule 5 to that Act (breach, revocation and amendment of
service community orders), in paragraph 1(2) (provisions of Schedule 8 to the
Criminal Justice Act 2003 that do not apply to such orders), after “18(4),” insert
20“19A(5),”.

(7) Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas
community orders) is amended as follows.

(8) In paragraph 10(2) (provisions of Schedule 8 to the Criminal Justice Act 2003
that do not apply to such orders), after “19,” insert “19A(5),”.

(9) 25After paragraph 14 insert—

“14A (1) The following provisions apply where the Court Martial or the
Service Civilian Court imposes a fine under paragraph 10(1)(aa) of
that Schedule as applied by this Part of this Schedule.

(2) Section 251 of this Act (power to order payment of fine by
30instalments) applies in relation to the fine as it applies in relation to
a fine imposed by a court for a service offence.

(3) Where the offender is aged under 18 when the fine is imposed and
has a service parent or service guardian (within the meaning of
section 268 of this Act), subsections (2) to (4) of that section (payment
35of fine by service parent or service guardian) apply in relation to the
fine as they apply in relation to a fine imposed in the circumstances
mentioned in subsection (1) of that section.

(4) In the application of subsection (2) of section 268 by virtue of sub-
paragraph (3) of this paragraph, the reference in that subsection to
40the time of conviction is to be read as a reference to the time the fine
is imposed.

(5) Section 269(2) of this Act (power of court to make financial statement
order before making order under section 268) does not apply in

relation to an order under section 268 which is made by virtue of sub-
paragraph (3) of this paragraph.”

(10) In Schedule 6 to that Act (overseas community orders imposed on young
offenders), in paragraph 5 (modification of drug rehabilitation requirement in
5relation to such offenders), omit sub-paragraph (4) (which disapplies section
209(3) of the Criminal Justice Act 2003).

Youth sentences

73 Referral orders for young offenders

(1) In section 16(1)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (duty
10or power to refer a young offender to a youth offender panel not to apply if
court proposes to discharge the offender absolutely) for “absolutely” substitute
“, whether absolutely or conditionally,”.

(2) In section 17 of that Act (the referral conditions)—

(a) in subsection (2) at the end of paragraph (a) insert “and”,

(b) 15in that subsection omit paragraph (c) and the word “and” immediately
before it, and

(c) omit subsections (2A) to (2D).

(3) In consequence of the amendment made by subsection (2)(c) omit paragraph
12(3), (4) and (5) of Schedule 17 to the Coroners and Justice Act 2009.

(4) 20The amendments made by this section do not apply in relation to any sentence
passed in relation to an offence committed before the coming into force of this
section.

74 Breach of detention and training order

(1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) 25In section 104 (breach of detention and training order), in subsection (3)
(penalties for breach), for paragraph (a) and the “or” at the end of that
paragraph substitute—

“(a) order the offender to be detained, in such youth detention
accommodation as the Secretary of State may determine, for
30such period, not exceeding the maximum period found under
subsection (3A) below, as the court may specify;

(aa) order the offender to be subject to such period of supervision,
not exceeding the maximum period found under subsection
(3A) below, as the court may specify; or”.

(3) 35After subsection (3) of that section insert—

“(3A) The maximum period referred to in subsection (3)(a) and (aa) above is
the shorter of—

(a) three months, and

(b) the period beginning with the date of the offender’s failure and
40ending with the last day of the term of the detention and
training order.

(3B) For the purposes of subsection (3A) above a failure that is found to have
occurred over two or more days is to be taken to have occurred on the
first of those days.

(3C) A court may order a period of detention or supervision, or impose a
5fine, under subsection (3) above before or after the end of the term of
the detention and training order.

(3D) A period of detention or supervision ordered under subsection (3)
above—

(a) begins on the date the order is made, and

(b) 10may overlap to any extent with the period of supervision under
the detention and training order.”

(4) After subsection (4) of that section insert—

“(4A) Where an order under subsection (3)(a) above is made in the case of a
person who has attained the age of 18, the order has effect to require the
15person to be detained in prison for the period specified by the court.”

(5) After subsection (5) of that section insert—

“(5A) Sections 104A and 104B below make further provision about the
operation of orders under subsection (3) above.”

(6) In subsection (6) of that section, after “(a)” insert “, (aa)”.

(7) 20After that section insert—

104A   Application of sections 103 to 105 in relation to orders under section
104(3)(aa)

(1) Subsections (3) to (7) of section 103 above apply in relation to a period
of supervision to which an offender is subject by virtue of an order
25under section 104(3)(aa) above as they apply to the period of
supervision under a detention and training order.

(2) In the application of section 103 above by virtue of subsection (1) above,
subsection (7)(a) of that section is to be read as requiring a notice to be
given to the offender as soon as is reasonably practicable after the order
30under section 104(3)(aa) above is made.

(3) Section 104 above and section 105 below apply where an offender is
subject to a period of supervision under section 104(3)(aa) above as they
apply where a detention and training order is in force in respect of an
offender.

(4) 35In the application of section 104 above by virtue of subsection (3)
above—

(a) the references in that section to section 103(6)(b) above are to be
read as references to that provision as applied by subsection (1)
above,

(b) 40the references in subsections (3A)(b) and (3C) of that section to
the term of the detention and training order are to be read as
references to the term of the period of supervision under section
104(3)(aa) above, and

(c) the reference in subsection (3D)(b) of that section to the period
45of supervision under the detention and training order is to be

read as including a reference to the period of supervision under
section 104(3)(aa) above.

(5) In the application of section 105 below by virtue of subsection (3)
above—

(a) 5paragraph (a) of subsection (1) of that section is to be read as if
the words “after his release and” were omitted, and

(b) the reference in that paragraph to the date on which the term of
the detention and training order ends is to be read as a reference
to the date on which the period of supervision under section
10104(3)(aa) ends.

104B   Interaction of orders under section 104(3)(a) with other sentences

(1) Where a court makes a detention and training order in the case of an
offender who is subject to a period of detention under section 104(3)(a)
above, the detention and training order takes effect—

(a) 15at the beginning of the day on which it is made, or

(b) if the court so orders, at the time when the period of detention
under section 104(3)(a) above ends.

(2) Where a court orders an offender who is subject to a detention and
training order to be subject to a period of detention under section
20104(3)(a) above for a failure to comply with requirements under a
different detention and training order, the period of detention takes
effect as follows—

(a) if the offender has been released by virtue of subsection (2), (3),
(4) or (5) of section 102 above, at the beginning of the day on
25which the order for the period of detention is made, and

(b) if not, either as mentioned in paragraph (a) above or, if the court
so orders, at the time when the offender would otherwise be
released by virtue of subsection (2), (3), (4) or (5) of section 102
above.

(3) 30Subject to subsection (4) below, where at any time an offender is subject
concurrently—

(a) to a detention and training order, and

(b) to a period of detention under section 104(3)(a) above,

the offender is to be treated for the purposes of sections 102 to 105 of
35this Act as if the offender were subject only to the detention and
training order.

(4) Nothing in subsection (3) above requires the offender to be released in
respect of either the order or the period of detention unless and until
the offender is required to be released in respect of each of them.

(5) 40The Secretary of State may by regulations make provision about the
interaction between a period of detention under section 104(3)(a) above
and a custodial sentence in a case where—

(a) an offender who is subject to such a period of detention
becomes subject to a custodial sentence, or

(b) 45an offender who is subject to a custodial sentence becomes
subject to such a period of detention.

(6) The provision that may be made by regulations under subsection (5)
above includes—

(a) provision as to the time at which the period of detention under
section 104(3)(a) above or the custodial sentence is to take effect;

(b) provision for the offender to be treated, for the purposes of the
enactments specified in the regulations, as subject only to the
5period of detention or the custodial sentence;

(c) provision about the effect of enactments relating to the person’s
release from detention or imprisonment in a case where that
release is not to take effect immediately by virtue of provision
in the regulations.

(7) 10The power of the Secretary of State to make regulations under
subsection (5) above—

(a) is exercisable by statutory instrument;

(b) includes power to make supplementary, incidental,
transitional, transitory or saving provision.

(8) 15A statutory instrument containing regulations under subsection (5)
above is subject to annulment in pursuance of a resolution of either
House of Parliament.”

(8) Before the coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (abolition of sentence of detention in a young offender
20institution) section 104(4A) of the Powers of Criminal Courts (Sentencing) Act
2000 has effect as if it referred to a person who has attained the age of 21.

(9) In section 213 of the Armed Forces Act 2006 (application of provisions relating
to civilian detention and training orders to orders under section 211 of that
Act)—

(a) 25in subsection (2), after “(13)” insert “, 104B(1)”,

(b) after subsection (3) insert—

“(4) Subsection (5) applies where an order under section 104(3)
(further period of detention or supervision) of the Sentencing
Act is made against an offender for breach of supervision
30requirements—

(a) during a period of supervision under an order under
section 211 of this Act,

(b) during a further period of supervision imposed for
breach of supervision requirements during a period
35within paragraph (a), or

(c) during one of a series of further periods of
supervision—

(i) each of which apart from the first was imposed
for breach of supervision requirements during
40the previous further period of supervision, and

(ii) the first of which was imposed for breach of
supervision requirements during a period
within paragraph (a).

(5) In the application of sections 104A and 104B of the Sentencing
45Act in relation to the offender, references to section 105 of that
Act include section 214 of this Act.

(6) In subsection (4)—

Legal Aid, Sentencing and Punishment of Offenders BillPage 57

• “further period of supervision” means a period of
  supervision imposed under section 104(3)(aa) of the
  Sentencing Act;

• “supervision requirements” means requirements under
  5section 103(6)(b) of that Act.

(7) In section 104B of the Sentencing Act, references to a custodial
sentence within the meaning of that Act include a custodial
sentence within the meaning of this Act.”

(10) In Schedule 3 to the Armed Forces Act 2011 (minor amendments of service
10legislation), in paragraph 18(b) (amendment to section 213(2) of the Armed
Forces Act 2006) for “after “(13)”” substitute “before “and 106A””.

(11) The amendments made by this section apply in relation to a failure to comply
with requirements under section 103(6)(b) of the Powers of Criminal Courts
(Sentencing) Act 2000 that occurs after this section comes into force.

(12) 15Where a failure is found to have occurred over two or more days, it is to be
taken for the purposes of subsection (11) to have occurred on the first of those
days.

75 Youth rehabilitation order: curfew requirement

(1) Paragraph 14 of Schedule 1 to the Criminal Justice and Immigration Act 2008
20(youth rehabilitation order: curfew requirement) is amended as follows.

(2) In sub-paragraph (2) (order may not specify curfew period of more than 12
hours) for “12” substitute “16”.

(3) In sub-paragraph (3) (order may not specify curfew periods outside period of
6 months from making of order) for “6” substitute “12”.

76 25Youth rehabilitation order: mental health treatment requirement

(1) Paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008
(youth rehabilitation order: mental health treatment requirement) is amended
as follows.

(2) In sub-paragraph (3)(a) (requirement for court to be satisfied as to offender’s
30mental condition on evidence of registered medical practitioner)—

(a) omit the words from “, on the evidence” to “1983 (c. 20)1983 (c. 20),”, and

(b) in sub-paragraph (ii), for “that Act” substitute “the Mental Health Act
1983”.

(3) Omit sub-paragraph (5) (application of section 54(2) and (3) of the Mental
35Health Act 1983 to proof of offender’s mental condition).

77 Youth rehabilitation order: duration

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further
provisions about youth rehabilitation orders), in paragraph 32 (requirement
for order to specify date by which requirements must have been complied
40with)—

(a) in sub-paragraph (1), after the first “date” insert “(“the end date”)”,

(b) for sub-paragraph (2) substitute—

“(2) If a youth rehabilitation order imposes two or more different
requirements falling within Part 2 of this Schedule, the order
may also specify a date by which each of those requirements
5must have been complied with; and the last of those dates
must be the same as the end date.”

(c) after sub-paragraph (3) insert—

“(4) Subject to paragraph 10(7) (duration of youth rehabilitation
order imposing unpaid work requirement), a youth
10rehabilitation order ceases to be in force on the end date.”

(2) In Schedule 2 to that Act (breach, revocation or amendment of youth
rehabilitation order), in paragraph 6 (powers of magistrates’ court in case of
breach of order)—

(a) in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph
15(6A),”, and

(b) after that sub-paragraph insert—

“(6A) When imposing a requirement under sub-paragraph (2)(b),
the court may amend the order to substitute a later date for
that specified under paragraph 32(1) of Schedule 1.

(6B) 20A date substituted under sub-paragraph (6A)—

(a) may not fall outside the period of six months
beginning with the date previously specified under
paragraph 32(1) of Schedule 1;

(b) subject to that, may fall more than three years after the
25date on which the order took effect.

(6C) The power under sub-paragraph (6A) may not be exercised
in relation to an order if that power or the power in
paragraph 8(6A) has previously been exercised in relation to
that order.

(6D) 30A date substituted under sub-paragraph (6A) is to be treated
as having been specified in relation to the order under
paragraph 32(1) of Schedule 1.”

(3) In that Schedule, in paragraph 8 (powers of Crown Court in case of breach of
order)—

(a) 35in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph
(6A),”, and

(b) after that sub-paragraph insert—

“(6A) When imposing a requirement under sub-paragraph (2)(b),
the Crown Court may amend the order to substitute a later
40date for that specified under paragraph 32(1) of Schedule 1.

(6B) A date substituted under sub-paragraph (6A)—

(a) may not fall outside the period of six months
beginning with the date previously specified under
paragraph 32(1) of Schedule 1;

(b) 45subject to that, may fall more than three years after the
date on which the order took effect.

(6C) The power under sub-paragraph (6A) may not be exercised
in relation to an order if that power or the power in
paragraph 6(6A) has previously been exercised in relation to
that order.

(6D) 5A date substituted under sub-paragraph (6A) is to be treated
as having been specified in relation to the order under
paragraph 32(1) of Schedule 1.”

(4) In that Schedule, in paragraph 16(1) (exercise of powers to amend order:
further provision), at the beginning insert “Subject to paragraph 16A,”.

(5) 10After that paragraph insert—

“Extension of order

16A (1) The appropriate court may, on the application of the offender or the
responsible officer, amend a youth rehabilitation order by
substituting a later date for that specified under paragraph 32(1) of
15Schedule 1.

(2) A date substituted under sub-paragraph (1)—

(a) may not fall outside the period of six months beginning with
the date previously specified under paragraph 32(1) of
Schedule 1;

(b) 20subject to that, may fall more than three years after the date
on which the order took effect.

(3) The power under sub-paragraph (1) may not be exercised in relation
to an order if it has previously been exercised in relation to that
order.

(4) 25A date substituted under sub-paragraph (1) is to be treated as having
been specified in relation to the order under paragraph 32(1) of
Schedule 1.

(5) In this paragraph “the appropriate court” means—

(a) if the order was made by a youth court or other magistrates’
30court, or was made by the Crown Court and contains a
direction under paragraph 36 of Schedule 1, the court
determined under sub-paragraph (6), and

(b) if the order was made by the Crown Court and does not
contain a direction under paragraph 36 of Schedule 1, the
35Crown Court.

(6) The court referred to in sub-paragraph (5)(a) is—

(a) if the offender is aged under 18 when the application is made,
a youth court acting in the local justice area specified in the
youth rehabilitation order, and

(b) 40if the offender is aged 18 or over at that time, a magistrates’
court (other than a youth court) acting in that local justice
area.”

78 Youth rehabilitation order: fine for breach

(1) Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of
45requirement of youth rehabilitation order) is amended as follows.