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

(1B) Where an order under subsection (1) contains provision under
subsection (1A), it must provide that the sentence of imprisonment will
also take effect if—

(a) during the supervision period the offender fails to comply with
5a requirement imposed under subsection (1A), and

(b) a court having power to do so subsequently orders under
paragraph 8 of Schedule 12 that the original sentence is to take
effect.”

(2) In subsection (2) of that section (application of subsection (1) where
10consecutive sentences imposed), for the words from “does not exceed” to the
end of the subsection substitute “does not exceed 2 years”.

(3) In subsection (3) of that section (length of supervision period and operational
period), after “supervision period” insert “(if any)”.

(4) In subsection (4) of that section (supervision period not to end later than
15operational period), at the beginning insert “Where an order under subsection
(1) imposes one or more community requirements,”.

(5) In subsection (7)(c) of that section (meaning of “community requirement”), for
“(1)(a)” substitute “(1A)”.

(6) Schedule 9 (changes to powers to make suspended sentence orders:
20consequential and transitory provision) has effect.

(7) The amendments and modifications made by this section and that Schedule
apply in relation to offences committed before or after the coming into force of
any provision of this section or that Schedule.

66 Fine for breach of suspended sentence order

(1) 25Schedule 12 to the Criminal Justice Act 2003 (breach or amendment of
suspended sentence order, and effect of further conviction) is amended as
follows.

(2) In paragraph 8 (powers of court in case of breach or conviction)—

(a) in sub-paragraph (2), after paragraph (b) insert—

“(ba) 30the court may order the offender to pay a fine of an
amount not exceeding £2,500,”,

(b) after sub-paragraph (4) insert—

“(4ZA) A fine imposed under sub-paragraph (2)(ba) is to be treated,
for the purposes of any enactment, as being a sum adjudged
35to be paid by a conviction.”, and

(c) in sub-paragraph (6), after “(b)” insert “, (ba)”.

(3) After paragraph 12 insert—

“Power to amend amount of fine

12A (1) The Secretary of State may by order amend the sum for the time
40being specified in paragraph 8(2)(ba).

(2) The power conferred by sub-paragraph (1) may be exercised only if
it appears to the Secretary of State that there has been a change in the
value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 8(2)(ba) has been
substituted by an order under sub-paragraph (1), the date on
which the sum was last so substituted;

(b) 5otherwise, the date on which section 66 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 (which
inserted this paragraph) came into force.

(4) An order under sub-paragraph (1) (a “fine amendment order”) must
not have effect in relation to any suspended sentence order made in
10respect of an offence committed before the fine amendment order
comes into force.”

Requirements under community orders and suspended sentence orders

67 Programme requirement

(1) In section 177(2) of the Criminal Justice Act 2003 (community orders:
15restrictions relating to particular requirements) omit paragraph (c) (which
refers to section 202(4) and (5) of that Act).

(2) In section 190(2) of that Act (suspended sentence orders: restrictions relating to
particular requirements) omit paragraph (c) (which refers to section 202(4) and
(5) of that Act).

(3) 20Section 202 of that Act (orders imposing programme requirements) is
amended as follows.

(4) In subsection (1) (meaning of “programme requirement”)—

(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
25substitute “on the number of days specified in the order.”

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

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

(a) in the opening words, for “requirement to attend an accredited
30programme” substitute “programme requirement”, and

(b) in paragraph (a), for “at the place specified in the order” substitute “that
is 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
35be approved) for “in an order” substitute “by a responsible officer”.

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

68 Curfew requirement

(1) Section 204 of the Criminal Justice Act 2003 (orders imposing curfew
40requirements) is amended as follows.

(2) In subsection (2) (order may not specify curfew period of more than twelve
hours) 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”.

69 Foreign travel prohibition requirement

(1) In section 177 of the Criminal Justice Act 2003 (community orders), in
5subsection (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
10prohibition 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) 15In 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) 20In 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 or territory outside the British Islands specified
25or described in the order,

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

(c) to any country or territory outside the British Islands.

(2) A day specified under subsection (1) may not fall outside the period of
3012 months beginning with the day on which the community order is
made.

(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
35insert—

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

70 Mental health treatment requirement

(1) 40Section 207 of the Criminal Justice Act 2003 (mental health treatment
requirement) 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
1983”.

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

71 Drug rehabilitation requirement

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

(2) 10In 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.

72 Alcohol treatment requirement

In section 212 of the Criminal Justice Act 2003 (alcohol treatment requirement)
15omit subsection (4) (requirement for alcohol treatment requirement to have
effect for at least six months).

Overseas community orders and service community orders

73 Overseas community orders and service community orders

(1) Section 182 of the Armed Forces Act 2006 (general provisions about overseas
20community orders) is amended as follows.

(2) In 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
25177(1)(ga) (a foreign travel prohibition requirement).”

(4) In 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
30fine imposed by the Court Martial or the Service Civilian Court under
paragraph 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
35Criminal Justice Act 2003 that do not apply to such orders), after “18(4),” insert
“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)(b) (provisions of Schedule 8 to the Criminal Justice Act 2003
40that do not apply to such orders), after “19,” insert “19A(5),”.

(9) After 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) 5Section 251 of this Act (power to order payment of fine by
instalments) 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
10section 268 of this Act), subsections (2) to (4) of that section (payment
of 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-
15paragraph (3) of this paragraph, the reference in that subsection to
the 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
20relation 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
relation to such offenders), omit sub-paragraph (4) (which disapplies section
25209(3) of the Criminal Justice Act 2003).

Youth sentences

74 Referral orders for young offenders

(1) In section 16(1)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (duty
or power to refer a young offender to a youth offender panel not to apply if
30court 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) in that subsection omit paragraph (c) and the word “and” immediately
35before 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) The amendments made by this section do not apply in relation to any sentence
40passed in relation to an offence committed before the coming into force of this
section.

75 Breach of detention and training order

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

(2) In 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
5accommodation as the Secretary of State may determine, for
such 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
10(3A) below, as the court may specify; or”.

(3) After 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) 15the period beginning with the date of the offender’s failure and
ending 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
20first of those days.

(3C) A court may order a period of detention or supervision, or impose a
fine, 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)
25above—

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

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

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

“(4A) 30Where 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
person 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
35operation of orders under subsection (3) above.”

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

(7) After that section insert—

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

(1) 40Subsections (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
under 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,
45subsection (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
under 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
5apply where a detention and training order is in force in respect of an
offender.

(4) In 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
10read as references to that provision as applied by subsection (1)
above,

(b) the 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
15104(3)(aa) above, and

(c) the reference in subsection (3D)(b) of that section to the period
of 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) 20In the application of section 105 below by virtue of subsection (3)
above—

(a) paragraph (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
25the detention and training order ends is to be read as a reference
to the date on which the period of supervision under section
104(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
30offender who is subject to a period of detention under section 104(3)(a)
above, the detention and training order takes effect—

(a) at 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) 35Where a court orders an offender who is subject to a detention and
training order to be subject to a period of detention under section
104(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) 40if 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
which 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
45released by virtue of subsection (2), (3), (4) or (5) of section 102
above.

(3) Subject 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
this Act as if the offender were subject only to the detention and
training order.

(4) 5Nothing 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) The Secretary of State may by regulations make provision about the
interaction between a period of detention under section 104(3)(a) above
10and 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) an offender who is subject to a custodial sentence becomes
subject to such a period of detention.

(6) 15The 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
20enactments specified in the regulations, as subject only to the
period 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
25in the regulations.

(7) The 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,
30transitional, transitory or saving provision.

(8) A 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
35Services Act 2000 (abolition of sentence of detention in a young offender
institution) 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
40Act)—

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

(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
45Act is made against an offender for breach of supervision
requirements—

(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
within paragraph (a), or

(c) during one of a series of further periods of
5supervision—

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

(ii) the first of which was imposed for breach of
10supervision requirements during a period
within paragraph (a).

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

(6) 15In subsection (4)—

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

• “supervision requirements” means requirements under
  20section 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
25legislation), 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) 30Where 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.

76 Youth rehabilitation order: curfew requirement

(1) Paragraph 14 of Schedule 1 to the Criminal Justice and Immigration Act 2008
35(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”.

77 40Youth 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
mental 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
51983”.

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

78 Youth rehabilitation order: duration

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further
10provisions about youth rehabilitation orders), in paragraph 32 (requirement
for order to specify date by which requirements must have been complied
with)—

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

(b) for sub-paragraph (2) substitute—

“(2) 15If 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
must have been complied with; and the last of those dates
must be the same as the end date.”, and

(c) 20after sub-paragraph (3) insert—

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

(2) In Schedule 2 to that Act (breach, revocation or amendment of youth
25rehabilitation 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
(6A),”, and

(b) after that sub-paragraph insert—

“(6A) 30When 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) A date substituted under sub-paragraph (6A)—

(a) may not fall outside the period of six months
35beginning with the date previously specified under
paragraph 32(1) of Schedule 1;

(b) subject 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
40in relation to an order if that power or the power in
paragraph 8(6A) has previously been exercised in relation to
that order.

(6D) A date substituted under sub-paragraph (6A) is to be treated
as having been specified in relation to the order under
45paragraph 32(1) of Schedule 1.”