Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 129)

(2) For the heading before paragraph 1 substitute “Modifications of Part 2 of
Schedule 12 to the 2003 Act”.

(3) In paragraph 1 (modifications of Part 2 of Schedule 12 to the Criminal Justice
Act 2003 in case of suspended sentence orders with community
5requirements) omit “with community requirements”.

(4) Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal
Justice Act 2003 in case of suspended sentence orders without community
requirements) and the heading before that paragraph.

(5) After paragraph 6 insert—

“6A 10Paragraph 8(2)(ba) of that Schedule has effect as if at the beginning
there were inserted “where the court dealing with the offender is
the Crown Court,”.”

Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059SI 2009/1059)

19 In Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc)
15Order 2009 omit paragraph 2(2) (modifications to section 189 of the Criminal
Justice Act 2003 pending the commencement of the repeal of section 78 of the
Powers of Criminal Courts (Sentencing) Act 2000).

Armed Forces Act 2011 (c. 18)2011 (c. 18)

20 In Schedule 3 to the Armed Forces Act 2011 (minor amendments of service
20legislation), in paragraph 17 (amendment to section 200(5) of the Armed
Forces Act 2006) omit “paragraph (b) of”.

Part 2 Transitory provision

21 In relation to any time before the coming into force of section 61 of the
25Criminal Justice and Court Services Act 2000 (abolition of sentences of
detention in a young offender institution, custody for life etc), section 189 of
the Criminal Justice Act 2003 has effect with the following modifications—

(a) in subsection (1), after the first “imprisonment” insert “or, in the case
of a person aged at least 18 but under 21, a sentence of detention in a
30young offender institution”,

(b) in that subsection, after the second “imprisonment” insert “or
detention in a young offender institution”, and

(c) in subsection (1B), after “imprisonment” insert “or detention in a
young offender institution”.

Section 83

35SCHEDULE 10 Repeal of sections 181 to 188 of the Criminal Justice Act 2003: consequential
amendments

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

1 Omit section 49(4A) of the Prison Act 1952 (persons unlawfully at large).

Criminal Justice Act 1961 (c. 39)1961 (c. 39)

2 In section 23 of the Criminal Justice Act 1961 (prison rules)—

(a) in subsection (3), for “Subject to subsection (3A), the days” substitute
“The days”;

(b) 5omit subsection (3A).

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) 10subsection (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).

15Road 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 20In 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
25at 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”.

30Crime (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) 35In 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) omit paragraph (ab).

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

10 5In 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).

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

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

(2) 10In 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) section 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) 15section 153B(10)(a)(ii) (return of person in pursuance of
undertaking).

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

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

12 The Criminal Justice Act 2003 is amended as follows.

13 20In 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
follows.

(2) In subsection (1)—

(a) 25at the end of paragraph (a) insert “or”;

(b) omit paragraph (b);

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

(3) Omit subsection (2).

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

16 30In 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 Omit section 204(4) and (5) (restrictions on imposing curfew requirement).

18 In section 213(3) (definition of “relevant period” for supervision
35requirement), omit paragraphs (b) and (c).

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

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

(a) in subsection (1), omit “or Chapter 3 (prison sentences of less than
40twelve 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) 5omit paragraphs (b) and (c);

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

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

23 (1) Section 246 (power to release prisoners on licence early) is amended as
10follows.

(2) In subsection (1)—

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

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

(3) 15Omit subsection (3).

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

(5) In subsection (5)—

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

(b) 20in paragraph (c), omit “or (3)(b)(ii)”.

(6) In subsection (6)—

(a) omit 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) 25omit the definition of “sentence of intermittent custody”.

24 In section 249 (duration of licence)—

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

(b) omit subsection (2);

(c) 30in subsection (3), omit the words from “and subsection (2)” to the
end;

(d) omit subsection (4).

25 In section 250 (licence conditions)—

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

(b) 35in subsection (7), for the words from “section 264(3)” to the end
substitute “and section 264(3) (consecutive terms)”.

26 Omit 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) 40at the end of paragraph (a) insert “and”;

(b) omit paragraph (b).

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

(3) 10In subsection (6) omit—

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

(b) paragraph (b).

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

34 Omit section 265(1B) (restriction on consecutive sentences: intermittent
15custody).

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
Scotland), omit “paragraph 8(1) of Schedule 10”.

37 20In 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”
(wherever they appear);

(d) 25in 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) In paragraph 8(2) (powers of court on breach of community requirement or
30conviction 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
term”.

(3) 35In 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 In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2),
40(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) In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act
52003.

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) 10in 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
15requirement), 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 20Omit 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
25Provisions) Order 2005 is revoked.

Section 84

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 30In 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),”;

Legal Aid, Sentencing and Punishment of Offenders BillPage 206

• ““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
  5enactment,”;

• ““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 Criminal Justice Act 2003,”;

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

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

3 (1) 15Section 3 (general provisions) is amended as follows.

(2) In subsection (6ZAA), for “person),” substitute “person granted bail in
criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section
3AAA (in the case of a child or young person granted bail in connection with
extradition proceedings),”.

(3) 20In subsection (7)—

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

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

(c) 25in paragraph (a)—

(i) omit “of a young person”, and

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

4 (1) Section 3AA (conditions for the imposition of electronic monitoring
requirements: children and young persons) is amended as follows.

(2) 30In the heading after “young persons” insert “released on bail other than in
extradition proceedings”.

(3) In subsection (1) (conditions for the imposition of electronic monitoring
conditions: children and young persons) after “young person” insert
“released on bail in criminal proceedings of the kind mentioned in section
351(1)(a) or (b)”.

5 After section 3AA insert—

“3AAA Conditions for the imposition of electronic monitoring
requirements: children and young persons released on bail in
extradition proceedings

(1) 40A court may not impose electronic monitoring requirements on a
child or young person released on bail in connection with extradition
proceedings unless each of the following conditions is met.

(2) The first condition is that the child or young person has attained the
age of twelve years.

(3) 45The second condition 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 offence or an offence punishable in the case of an adult
5with imprisonment for a term of fourteen years or more, or

(b) the offence or offences to which the extradition proceedings
relate, together with any other imprisonable offences of
which the child or young person has been convicted in any
proceedings—

(i) 10amount, or

(ii) would, if the child or young person were convicted of
that offence or those offences, amount,

to a recent history of committing imprisonable offences while
on bail or subject to a custodial remand.

(4) 15The third condition is that the court is satisfied that the necessary
provision for dealing with the child or young person concerned can
be made under arrangements for the electronic monitoring of
persons released on bail that are currently available in each local
justice area which is a relevant area.

(5) 20The fourth condition is that a youth offending team has informed the
court that in its opinion the imposition of electronic monitoring
requirements will be suitable in the case of the child or young person.

(6) The references in subsection (3)(b) to an imprisonable offence
include a reference to an offence—

(a) 25of which the child or young person has been accused or
convicted outside the United Kingdom, and

(b) which is equivalent to an offence that is punishable with
imprisonment in the United Kingdom.

(7) The reference in subsection (3)(b) to a child or young person being
30subject to a custodial remand are to the child or young person
being—

(a) remanded to local authority accommodation or youth
detention accommodation under section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012,

(b) 35remanded to local authority accommodation under section
23 of the Children and Young Persons Act 1969, or

(c) subject to a form of custodial detention in a country or
territory outside the United Kingdom while awaiting trial or
sentence in that country or territory or during a trial in that
40country or territory.”

6 (1) Section 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).

7 45In section 3AC (electronic monitoring: general provisions) in each of
subsections (7) and (8) after “3AA” insert “, 3AAA”.

8 (1) Section 7 (liability to arrest for absconding or breaking conditions of bail) is
amended 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) 5the 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) 10it 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)”.

9 (1) 15Section 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) 20In 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”.

10 Part 1 of Schedule 1 (bail for defendants accused or convicted of certain
imprisonable offences) is amended in accordance with paragraphs 11 to 21.

11 25For the heading immediately before paragraph 1 (defendants to whom Part
1 applies) substitute “Application of Part 1”.

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

13 After paragraph 1 insert—

“1A (1) 30The 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) the defendant has attained the age of 18,

(b) the defendant has not been convicted of an offence in those
35proceedings, 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
proceedings.

(2) The paragraphs are—

(a) 40paragraph 2 (refusal of bail where defendant may fail to
surrender to custody, commit offences on bail or interfere
with witnesses),

(b) paragraph 2A (refusal of bail where defendant appears to
have committed indictable or either way offence while on
45bail), and

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

14 In paragraph 2 (exceptions to bail where defendant may fail to surrender to
custody, commit offences on bail or interfere with witnesses) for sub-
5paragraph (2) substitute—

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

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

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

15 10After 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
released on bail (whether subject to conditions or not), would
commit an offence while on bail by engaging in conduct that
15would, 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) In sub-paragraph (1) “associated person” means a person who is
associated with the defendant within the meaning of section 62 of
20the Family Law Act 1996.”

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

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

(a) the offence is an indictable offence or an offence triable
25either way, and

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

17 For paragraph 6 (refusal of bail where defendant fails to surrender to
custody or has been arrested under section 7) substitute—

“6 30The 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.”

18 In 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
35opinion”.

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

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

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

20 In paragraph 9AA (court to give particular weight to the fact that an under
4018 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”.

21 In 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