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

(2) In paragraph 6 (powers of magistrates’ court in case of breach), in sub-
paragraph (2)(a), for sub-paragraphs (i) and (ii) substitute “£2,500”.

(3) In paragraph 8 (powers of Crown Court in case of breach), in sub-paragraph
(2)(a), for sub-paragraphs (i) and (ii) substitute “£2,500”.

(4) 5In paragraph 10 (power to amend amounts of fine)—

(a) in sub-paragraph (1) omit “(i) or (ii)” in both places, and

(b) in sub-paragraph (3)—

(i) in paragraph (a) omit “(i) or (ii)” in both places, and

(ii) in paragraph (b), for “this Act was passed” substitute “section
1078 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2011 came into force”.

Fines

79 Removal of limit on certain fines on conviction by magistrates’ court

(1) Where a relevant offence would, apart from this subsection, be punishable on
15summary conviction by a fine or maximum fine of £5,000 or more (however
expressed), the offence is punishable on summary conviction by a fine of any
amount.

(2) Where a relevant power could, apart from this subsection, be exercised to
create an offence punishable on summary conviction by a fine or maximum
20fine of £5,000 or more (however expressed), the power may be exercised to
create an offence punishable on summary conviction by a fine of any amount.

(3) For the purposes of this section, an offence or power is relevant if, immediately
before the commencement day, it is contained in an Act or an instrument made
under an Act (whether or not the offence or power is in force at that time).

(4) 25Nothing in subsection (1) affects—

(a) fines for offences committed before the commencement day,

(b) fines that may be imposed on a person aged under 18, or

(c) fines that may be imposed on a person convicted by a magistrates’
court who is to be sentenced as if convicted on indictment,

30and nothing in subsection (2) affects a relevant power to the extent that it
relates to such fines.

(5) The Secretary of State may by regulations—

(a) make provision disapplying subsection (1) or (2),

(b) make provision for a fine or maximum fine in relation to which
35subsection (1) is disapplied to be increased instead in accordance with
the regulations, and

(c) make provision for a power in relation to which subsection (2) is
disapplied to be exercisable to create an offence punishable on
summary conviction by a fine or maximum fine of a higher amount
40specified or described in the regulations.

(6) Subsection (7) applies in relation to a relevant offence that, immediately before
the commencement day, is punishable on summary conviction by a fine or
maximum fine expressed as a proportion of an amount of £5,000 or more
(however that amount is expressed).

(7) The Secretary of State may by regulations make provision for the offence to be
punishable on summary conviction by a fine of that proportion of a higher
amount specified or described in the regulations.

(8) Regulations under this section may not include provision affecting—

(a) 5fines for offences committed before the regulations come into force,

(b) fines that may be imposed on a person aged under 18, or

(c) fines that may be imposed on a person convicted by a magistrates’
court who is to be sentenced as if convicted on indictment,

or provision affecting a relevant power to the extent that it relates to such fines.

(9) 10Regulations under this section—

(a) may make different provision for different cases or circumstances,

(b) may make provision generally or only for specified cases or
circumstances, and

(c) may make consequential, incidental, supplementary, transitional,
15transitory or saving provision.

(10) The power under subsection (9)(c), and the power under section 132 to make
provision in relation to this section, include power to amend, repeal, revoke or
otherwise modify any provision which, immediately before the
commencement day, is contained in an Act or an instrument made under an
20Act (whether or not the provision is in force at that time).

(11) Regulations under this section are to be made by statutory instrument.

(12) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(13) 25If, immediately before the commencement day, the sum specified as level 5 on
the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard
scale of fines for summary offences) is greater than £5,000, the references in this
section to £5,000 have effect as if they were references to that sum.

(14) For the purposes of this section, an offence is relevant whether it is a summary
30offence or an offence triable either way.

(15) In this section—

• “the commencement day” means the day on which subsection (1) of this
  section comes into force;

• “Act” includes an Act or Measure of the National Assembly for Wales.

80 35Power to increase certain other fines on conviction by magistrates’ court

(1) Subsection (2) applies in relation to a relevant offence which, immediately
before the commencement day, is punishable on summary conviction by a fine
or maximum fine of a fixed amount of less than £5,000.

(2) The Secretary of State may by regulations make provision for the offence to be
40punishable on summary conviction by a fine or maximum fine of a higher
amount specified or described in the regulations.

(3) Subsection (4) applies in relation to a relevant power which, immediately
before the commencement day, can be exercised to create an offence
punishable on summary conviction by a fine or maximum fine of a fixed

amount of less than £5,000 but not to create an offence so punishable by a fine
or maximum fine of a fixed amount of £5,000 or more.

(4) The Secretary of State may by regulations make provision for the power to be
exercisable to create an offence punishable on summary conviction by a fine or
5maximum fine of a higher amount specified or described in the regulations.

(5) Regulations under this section may not specify or describe an amount
exceeding whichever is the greater of—

(a) £5,000, or

(b) the sum specified for the time being as level 4 on the standard scale.

(6) 10Regulations under this section may not include provision affecting—

(a) fines for offences committed before the regulations come into force,

(b) fines that may be imposed on a person aged under 18, or

(c) fines that may be imposed on a person convicted by a magistrates’
court who is to be sentenced as if convicted on indictment,

15or provision affecting a relevant power to the extent that it relates to such fines.

(7) Regulations under this section—

(a) may make different provision for different cases or circumstances,

(b) may make provision generally or only for specified cases or
circumstances, and

(c) 20may make consequential, incidental, supplementary, transitional,
transitory or saving provision.

(8) The power under subsection (7)(c) includes power to amend, repeal, revoke or
otherwise modify any provision which, immediately before the
commencement day, is contained in an Act or an instrument made under an
25Act (whether or not the provision is in force at that time).

(9) Regulations under this section are to be made by statutory instrument.

(10) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(11) 30If, immediately before the commencement day, the sum specified as level 5 on
the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard
scale of fines for summary offences) is greater than £5,000, the references in this
section to £5,000 have effect as if they were references to that sum.

(12) In this section “Act”, “the commencement day”, “relevant offence” and
35“relevant power” have the same meaning as in section 79.

81 Power to amend standard scale of fines for summary offences

(1) The Secretary of State may by order substitute higher sums for the sums for the
time being specified as levels 1 to 4 on the standard scale in section 37(2) of the
Criminal Justice Act 1982 (standard scale of fines for summary offences).

(2) 40The power under subsection (1) may not be exercised so as to alter the ratio of
one of those levels to another.

(3) In section 143 of the Magistrates’ Courts Act 1980 (power to alter sums
including standard scale of fines for summary offences), in subsection (3)(b),

after “subsection (1) above” insert “or section 81 of the Legal Aid, Sentencing
and Punishment of Offenders Act 2011”.

(4) In section 37 of the Criminal Justice Act 1982 (standard scale of fines for
summary offences), in subsection (3), at the end insert “or section 81 of the
5Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

(5) An order under this section is to be made by statutory instrument.

(6) A statutory instrument containing an order under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(7) 10An order under this section does not affect fines for offences committed before
the order comes into force.

Repeal of uncommenced provisions

82 Custody plus orders and intermittent custody orders

(1) In the Criminal Justice Act 2003, omit the following provisions (custody plus
15and intermittent custody)—

(a) sections 181 to 188;

(b) Schedules 10 and 11.

(2) Schedule 10 (amendments consequential on subsection (1)) has effect.

CHAPTER 2 Bail

83 20Amendment of bail enactments

Schedule 11 (amendment of enactments relating to bail) has effect.

CHAPTER 3 Remands of children otherwise than on bail

Remands

84 Remands of children otherwise than on bail

(1) 25This section applies where—

(a) a court deals with a child charged with or convicted of one or more
offences by remanding the child, and

(b) the child is not released on bail.

(2) This section also applies where—

(a) 30a court remands a child in connection with extradition proceedings,
and

(b) the child is not released on bail.

(3) Subject to subsection (4), the court must remand the child to local authority
accommodation in accordance with section 85.

(4) The court may instead remand the child to youth detention accommodation in
accordance with section 95 where—

(a) 5in the case of a child remanded under subsection (1), the first or second
set of conditions for such a remand (see sections 91 and 92) is met in
relation to the child, or

(b) in the case of a child remanded under subsection (2), the first or second
set of conditions for such a remand in an extradition case (see sections
1093 and 94) is met in relation to the child.

(5) This section is subject to section 128(7) of the Magistrates’ Courts Act 1980
(remands to police detention for periods of not more than 3 days); but that
provision has effect in relation to a child as if for the reference to 3 clear days
there were substituted a reference to 24 hours.

(6) 15In this Chapter, “child” means a person under the age of 18.

(7) References in this Chapter (other than in relation to extradition proceedings) to
the remand of a child include a reference to—

(a) the sending of a child for trial, and

(b) the committal of a child for sentence,

20and related expressions are to be construed accordingly.

(8) Before the insertion of section 51A of the Crime and Disorder Act 1998 (sending
cases to the Crown Court: children and young persons) by Schedule 3 to the
Criminal Justice Act 2003 is fully in force, subsection (7) has effect as if it also
referred to the committal of a child for trial.

(9) 25Subsection (7) also applies to any provision of an Act other than this Act that
refers (directly or indirectly) to the remand of a child under this section.

Remands to local authority accommodation

85 Remands to local authority accommodation

(1) A remand to local authority accommodation is a remand to accommodation
30provided by or on behalf of a local authority.

(2) A court that remands a child to local authority accommodation must designate
the local authority that is to receive the child.

(3) That authority must be—

(a) in the case of a child who is being looked after by a local authority, that
35authority, and

(b) in any other case, the local authority in whose area it appears to the
court that the child habitually resides or the offence or one of the
offences was committed.

(4) The designated authority must—

(a) 40receive the child, and

(b) provide or arrange for the provision of accommodation for the child
whilst the child is remanded to local authority accommodation.

(5) Where a child is remanded to local authority accommodation, it is lawful for
any person acting on behalf of the designated authority to detain the child.

86 Conditions etc on remands to local authority accommodation

(1) A court remanding a child to local authority accommodation may require the
5child to comply with any conditions that could be imposed under section 3(6)
of the Bail Act 1976 if the child were then being granted bail.

(2) The court may also require the child to comply with any conditions imposed
for the purpose of securing the electronic monitoring of the child’s compliance
with the conditions imposed under subsection (1) if—

(a) 10in the case of a child remanded under section 84(1) (proceedings other
than extradition proceedings), the requirements in section 87 are met,
or

(b) in the case of a child remanded under section 84(2) (extradition
proceedings), the requirements in section 88 are met.

(3) 15A court remanding a child to local authority accommodation may impose on
the designated authority—

(a) requirements for securing compliance with any conditions imposed on
the child under subsection (1) or (2), or

(b) requirements stipulating that the child must not be placed with a
20named person.

(4) A court may only impose a condition under subsection (1) or (2), or a
requirement under subsection (3), after consultation with the designated
authority.

(5) Where a child has been remanded to local authority accommodation, a relevant
25court—

(a) may, on the application of the designated authority, impose on that
child any conditions that could be imposed under subsection (1) or (2)
if the court were then remanding the child to local authority
accommodation, and

(b) 30where it does so, may impose on the authority requirements for
securing compliance with the conditions imposed under paragraph (a).

(6) Where a child has been remanded to local authority accommodation, a relevant
court may, on the application of the designated authority or that child, vary or
revoke any conditions or requirements imposed under this section (including
35as previously varied under this subsection).

(7) A court that imposes conditions on a child under this section or varies
conditions so imposed—

(a) must explain to the child in open court and in ordinary language why
it is imposing or varying those conditions, and

(b) 40if the court is a magistrates’ court, must cause a reason given under
paragraph (a) to be specified in the warrant of commitment and entered
in the register.

(8) In this section “relevant court”—

(a) in relation to a child remanded to local authority accommodation by
45virtue of section 84(1) (proceedings other than extradition
proceedings), means—

(i) the court by which the child was so remanded, or

(ii) any magistrates’ court that has jurisdiction in the place where
the child is for the time being;

(b) in relation to a child remanded to local authority accommodation by
virtue of section 84(2) (extradition proceedings), means the court by
5which the child was so remanded.

(9) References in this section to consultation are to such consultation (if any) as is
reasonably practicable in all the circumstances of the case.

87 Requirements for electronic monitoring

(1) The requirements referred to in section 86(2)(a) (conditions for imposing
10electronic monitoring condition: non-extradition cases) are those set out in
subsections to (2) to (6).

(2) The first requirement is that the child has reached the age of twelve.

(3) The second requirement is that the offence mentioned in section 84(1), or one
or more of those offences, is an imprisonable offence.

(4) 15The third requirement is that—

(a) the offence mentioned in section 84(1), or one or more of those offences,
is a violent or sexual offence or an offence punishable in the case of an
adult with imprisonment for a term of 14 years or more, or

(b) the offence or offences mentioned in section 84(1), together with any
20other imprisonable offences of which the child has been convicted in
any proceedings, amount or would, if the child were convicted of that
offence or those offences, amount to a recent history of committing
imprisonable offences while—

(i) on bail,

(ii) 25remanded to local authority accommodation, or

(iii) remanded to youth detention accommodation.

(5) The fourth requirement is that the court is satisfied that the necessary provision
for electronic monitoring can be made under arrangements currently available
in each local justice area which is a relevant area.

(6) 30The fifth requirement is that a youth offending team has informed the court
that, in its opinion, the imposition of an electronic monitoring condition will be
suitable in the child’s case.

(7) For the purposes of this section, a local justice area is a relevant area in relation
to a proposed electronic monitoring condition if the court considers that it will
35not be practicable to secure the electronic monitoring in question unless
electronic monitoring arrangements are available in that area.

(8) In this Chapter—

• “electronic monitoring condition” means a condition imposed on a child
  remanded to local authority accommodation for the purpose of
  40securing the electronic monitoring of the child’s compliance with
  conditions imposed under section 86(1);

• “imprisonable offence” means an offence punishable in the case of an
  adult with imprisonment;

• “sexual offence” means an offence specified in Part 2 of Schedule 15 to the
  45Criminal Justice Act 2003;

Legal Aid, Sentencing and Punishment of Offenders BillPage 67

• “violent offence” means murder or an offence specified in Part 1 of
  Schedule 15 to the Criminal Justice Act 2003;

• “youth offending team” means a team established under section 39 of the
  Crime and Disorder Act 1998.

(9) 5The reference in subsection (4)(b) to a child being remanded to local authority
accommodation or to youth detention accommodation includes a child being
remanded to local authority accommodation under section 23 of the Children
and Young Persons Act 1969.

88 Requirements for electronic monitoring: extradition cases

(1) 10The requirements referred to in section 86(2)(b) (conditions for imposing
electronic monitoring condition: extradition cases) are those set out in
subsections to (2) to (6).

(2) The first requirement is that the child has reached the age of twelve.

(3) The second requirement is that the offence to which the extradition
15proceedings relate, or one or more of those offences, is an imprisonable offence.

(4) The third requirement is that—

(a) the conduct constituting the offence to which the extradition
proceedings relate, or one or more of those offences, would, if
committed in the United Kingdom, constitute a violent or sexual
20offence or an offence punishable in the case of an adult with
imprisonment for a term of 14 years of more, or

(b) the offence or offences to which the extradition proceedings relate,
together with any other imprisonable offences of which the child has
been convicted, amount or would, if the child were convicted of that
25offence or those offences, amount to a recent history of committing
imprisonable offences while on bail or subject to a custodial remand.

(5) The fourth requirement is that the court is satisfied that the necessary provision
for electronic monitoring can be made under arrangements currently available
in each local justice area which is a relevant area.

(6) 30The fifth requirement is that a youth offending team has informed the court
that, in its opinion, the imposition of an electronic monitoring condition will be
suitable in the child’s case.

(7) For the purposes of this section, a local justice area is a relevant area in relation
to a proposed electronic monitoring condition if the court considers that it will
35not be practicable to secure the electronic monitoring in question unless
electronic monitoring arrangements are available in that area.

(8) References in this Chapter to an imprisonable offence, in relation to an offence
with which a child has been charged or of which a child has been convicted
outside the United Kingdom, are to an offence equivalent to an offence that is
40punishable with imprisonment in the United Kingdom.

(9) References in this Chapter to a child being subject to a custodial remand are to
the child being—

(a) remanded to local authority accommodation or youth detention
accommodation, or

(b) subject to a form of custodial detention in a country outside the United
Kingdom while awaiting trial or sentence in that country or during a
trial in that country.

(10) The reference in subsection (9) to a child being remanded to local authority
5accommodation or youth detention accommodation includes a child being
remanded to local authority accommodation under section 23 of the Children
and Young Persons Act 1969.

89 Further provisions about electronic monitoring

(1) Where a court imposes an electronic monitoring condition, the condition must
10include provision making a person responsible for the monitoring.

(2) A person who is made responsible by virtue of subsection (1) must be of a
description specified in an order made by the Secretary of State.

(3) The Secretary of State may make rules for regulating—

(a) the electronic monitoring of compliance with conditions imposed
15under section 86(1), and

(b) in particular, the functions of persons made responsible by virtue of
subsection (1) of this section.

(4) Rules under this section may make different provision for different cases.

(5) Any power of the Secretary of State to make an order or rules under this section
20is exercisable by statutory instrument.

(6) A statutory instrument containing rules under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

90 Liability to arrest for breaking conditions of remand

(1) A child may be arrested without warrant by a constable if—

(a) 25the child has been remanded to local authority accommodation,

(b) conditions under section 86 have been imposed in respect of the child,
and

(c) the constable has reasonable grounds for suspecting that the child has
broken any of those conditions.

(2) 30Subject to subsection (3), a child arrested under subsection (1) must be brought
before a justice of the peace—

(a) as soon as practicable, and

(b) in any event within the period of 24 hours beginning with the child’s
arrest.

(3) 35If the child was arrested during the period of 24 hours ending with the time
appointed for the child to appear before the court in pursuance of the remand,
the child must be brought before the court before which the child was to have
appeared.

(4) In reckoning a period of 24 hours for the purposes of subsection (2) or (3), no
40account is to be taken of Christmas Day, Good Friday or any Sunday.

(5) If a justice of the peace before whom a child is brought under subsection (2) is
of the opinion that the child has broken any condition imposed in respect of the
child under section 86, the justice of the peace must remand the child.

(6) Section 84 applies to a child in relation to whom subsection (5) applies as if—

(a) except in a case within paragraph (b), the child was then charged with
or convicted of the offence for which the child had been remanded, or

(b) in the case of a child remanded in connection with extradition
5proceedings, the child was then appearing before the justice of the
peace in connection with those proceedings.

(7) If a justice of the peace before whom a child is brought under subsection (2) is
not of the opinion mentioned in subsection (5), the justice of the peace must
remand the child to the place to which the child had been remanded at the time
10of the child’s arrest subject to the same conditions as those which had been
imposed on the child at that time.

Remands to youth detention accommodation

91 First set of conditions for a remand to youth detention accommodation

(1) For the purposes of section 84(4)(a), the first set of conditions for a remand to
15youth detention accommodation is met in relation to a child if each of the
following is met in relation to the child—

(a) the age condition (see subsection (2)),

(b) the offence condition (see subsection (3)),

(c) the necessity condition (see subsection (4)), and

(d) 20the first or second legal representation condition (see subsections (5)
and (6)).

(2) The age condition is that the child has reached the age of twelve.

(3) The offence condition is that the offence mentioned in section 84(1), or one or
more of those offences—

(a) 25is a violent or sexual offence, or

(b) is an offence punishable in the case of an adult with imprisonment for
a term of 14 years of more.

(4) The necessity condition is that the court is of the opinion, after considering all
the options for the remand of the child, that only remanding the child to youth
30detention accommodation would be adequate—

(a) to protect the public from death or serious personal injury (whether
physical or psychological) occasioned by further offences committed
by the child, or

(b) to prevent the commission by the child of imprisonable offences.

(5) 35The first legal representation condition is that the child is legally represented
before the court.

(6) The second legal representation condition is that the child is not legally
represented before the court and—

(a) representation was provided to the child under Part 1 of this Act for the
40purposes of the proceedings, but was withdrawn—

(i) because of the child’s conduct, or

(ii) because it appeared that the child’s financial resources were
such that the child was not eligible for such representation,