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

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

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

(b) 5after 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
date for that specified under paragraph 32(1) of Schedule 1.

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

(a) 10may 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
date on which the order took effect.

(6C) 15The 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) A date substituted under sub-paragraph (6A) is to be treated
20as 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) After that paragraph insert—

25“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
Schedule 1.

(2) 30A 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) subject to that, may fall more than three years after the date
35on 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) A date substituted under sub-paragraph (1) is to be treated as having
40been 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’
court, 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
5Crown 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) 10if the offender is aged 18 or over at that time, a magistrates’
court (other than a youth court) acting in that local justice
area.”

79 Youth rehabilitation order: fine for breach

(1) Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of
15requirement of youth rehabilitation order) is amended as follows.

(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) 20In 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
2579 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 came into force”.

Fines

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

(1) Where a relevant offence would, apart from this subsection, be punishable on
30summary 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
35fine 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) 40Nothing 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,

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

(5) 5The 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
subsection (1) is disapplied to be increased instead in accordance with
the regulations, and

(c) 10make 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
specified or described in the regulations.

(6) Subsection (7) applies in relation to a relevant offence that, immediately before
15the 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
20amount specified or described in the regulations.

(8) Regulations 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’
25court 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) 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
30circumstances, and

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

(10) The power under subsection (9)(c), and the power under section 138 to make
provision in relation to this section, include power to amend, repeal, revoke or
35otherwise modify any provision which, immediately before the
commencement day, is contained in an Act or an instrument made under an
Act (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
40made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(13) If, 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
45section 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
offence or an offence triable either way.

(15) In this section—

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

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

81 5Power 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
10punishable 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
15amount 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
maximum fine of a higher amount specified or described in the regulations.

(5) 20Regulations 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) Regulations under this section may not include provision affecting—

(a) 25fines 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.

(7) 30Regulations 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,
35transitory 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
Act (whether or not the provision is in force at that time).

(9) 40Regulations 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) If, 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) 5In this section “Act”, “the commencement day”, “relevant offence” and
“relevant power” have the same meaning as in section 80.

82 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
10Criminal Justice Act 1982 (standard scale of fines for summary offences).

(2) The 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),
15after “subsection (1) above” insert “or section 82 of the Legal Aid, Sentencing
and Punishment of Offenders Act 2012”.

(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 82 of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012”.

(5) 20An 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) An order under this section does not affect fines for offences committed before
25the order comes into force.

Repeal of uncommenced provisions

83 Custody plus orders and intermittent custody orders

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

(a) 30sections 181 to 188;

(b) Schedules 10 and 11.

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

CHAPTER 2 Bail

84 Amendment of bail enactments

35Schedule 11 (amendment of enactments relating to bail) has effect.

CHAPTER 3 Remands of children otherwise than on bail

Remands

85 Remands of children otherwise than on bail

(1) This section applies where—

(a) 5a 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) a court remands a child in connection with extradition proceedings,
10and

(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 86.

(4) The court may instead remand the child to youth detention accommodation in
15accordance with section 96 where—

(a) in the case of a child remanded under subsection (1), the first or second
set of conditions for such a remand (see sections 92 and 93) is met in
relation to the child, or

(b) in the case of a child remanded under subsection (2), the first or second
20set of conditions for such a remand in an extradition case (see sections
94 and 95) 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
25there were substituted a reference to 24 hours.

(6) In 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) 30the committal of a child for sentence,

and 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
35referred to the committal of a child for trial.

(9) Subsection (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

86 Remands to local authority accommodation

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

(2) 5A 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
authority, and

(b) 10in 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) receive the child, and

(b) 15provide 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.

87 Conditions etc on remands to local authority accommodation

(1) 20A court remanding a child to local authority accommodation may require the
child 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
25with the conditions imposed under subsection (1) if—

(a) in the case of a child remanded under section 85(1) (proceedings other
than extradition proceedings), the requirements in section 88 are met,
or

(b) in the case of a child remanded under section 85(2) (extradition
30proceedings), the requirements in section 89 are met.

(3) A 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) 35requirements stipulating that the child must not be placed with a
named 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) 40Where a child has been remanded to local authority accommodation, a relevant
court—

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

(6) 5Where 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
as previously varied under this subsection).

(7) A court that imposes conditions on a child under this section or varies
10conditions 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) if the court is a magistrates’ court, must cause a reason given under
paragraph (a) to be specified in the warrant of commitment and entered
15in the register.

(8) In this section “relevant court”—

(a) in relation to a child remanded to local authority accommodation by
virtue of section 85(1) (proceedings other than extradition
proceedings), means—

(i) 20the 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 85(2) (extradition proceedings), means the court by
25which 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.

88 Requirements for electronic monitoring

(1) The requirements referred to in section 87(2)(a) (conditions for imposing
30electronic 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 85(1), or one
or more of those offences, is an imprisonable offence.

(4) 35The third requirement is that—

(a) the offence mentioned in section 85(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 85(1), together with any
40other 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) 45remanded 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) The fifth requirement is that a youth offending team has informed the court
5that, 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
not be practicable to secure the electronic monitoring in question unless
10electronic 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
  securing the electronic monitoring of the child’s compliance with
  15conditions imposed under section 87(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
  Criminal Justice Act 2003;

• 20“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) The reference in subsection (4)(b) to a child being remanded to local authority
25accommodation 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.

89 Requirements for electronic monitoring: extradition cases

(1) The requirements referred to in section 87(2)(b) (conditions for imposing
30electronic 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
proceedings relate, or one or more of those offences, is an imprisonable offence.

(4) 35The 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
offence or an offence punishable in the case of an adult with
40imprisonment for a term of 14 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 has
been convicted, amount or would, if the child were convicted of that
offence or those offences, amount to a recent history of committing
45imprisonable 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) The fifth requirement is that a youth offending team has informed the court
5that, 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
not be practicable to secure the electronic monitoring in question unless
10electronic monitoring arrangements are available in that area.

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

(9) 15References 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 or territory outside
20the United Kingdom while awaiting trial or sentence in that country or
territory or during a trial in that country or territory.

(10) The reference in subsection (9) to a child being remanded to local authority
accommodation or youth detention accommodation includes a child being
remanded to local authority accommodation under section 23 of the Children
25and Young Persons Act 1969.

90 Further provisions about electronic monitoring

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

(2) A person who is made responsible by virtue of subsection (1) must be of a
30description 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
under section 87(1), and

(b) in particular, the functions of persons made responsible by virtue of
35subsection (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
is exercisable by statutory instrument.

(6) A statutory instrument containing rules under this section is subject to
40annulment in pursuance of a resolution of either House of Parliament.

91 Liability to arrest for breaking conditions of remand

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

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