Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 7 — Out of court disposals
119

(b)
any guidance issued under subsection (4) of that section.
(5)
The Secretary of State must publish, in such manner as the Secretary of
State considers appropriate, guidance as to—
(a)
the circumstances in which it is appropriate to give youth
cautions,
5
(b)
the places where youth cautions may be given,
(c)
the category of constable by whom youth cautions may be
given, and
(d)
the form which youth cautions are to take and the manner in
which they are to be given and recorded.
10
(6)
No caution other than a youth caution or a youth conditional caution
may be given to a child or young person.
(7)
In this Chapter “appropriate adult”, in relation to a child or young
person, means—
(a)
a parent or guardian of the child or young person,
15
(b)
if the child or young person is in the care of a local authority or
voluntary organisation, a person representing that authority or
organisation,
(c)
a social worker of a local authority, or
(d)
if no person falling within paragraph (a), (b) or (c) is available,
20
any responsible person aged 18 or over who is not a police
officer or a person employed by the police.
66ZB
Effect of youth cautions
(1)
If a constable gives a youth caution to a person, the constable must as
soon as practicable refer the person to a youth offending team.
25
(2)
Subject to subsection (3), on a referral of a person under subsection (1),
the youth offending team—
(a)
must assess the person, and
(b)
unless they consider it inappropriate to do so, must arrange for
the person to participate in a rehabilitation programme.
30
(3)
If the person has not previously been referred under subsection (1) and
has not previously been given a youth conditional caution, the youth
offending team—
(a)
may assess the person, and
(b)
may arrange for the person to participate in a rehabilitation
35
programme.
(4)
The Secretary of State must publish, in such manner as the Secretary of
State considers appropriate, guidance as to—
(a)
what should be included in a rehabilitation programme
arranged for a person under subsection (2) or (3),
40
(b)
the manner in which any failure by a person to participate in a
programme is to be recorded, and
(c)
the persons to whom any such failure must be notified.
(5)
Subsection (6) applies if—

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 7 — Out of court disposals
120

(a)
a person who has received two or more youth cautions is
convicted of an offence committed within two years beginning
with the date of the last of those cautions, or
(b)
a person who has received a youth conditional caution followed
by a youth caution is convicted of an offence committed within
5
two years beginning with the date of the youth caution.
(6)
The court by or before which the person is convicted—
(a)
must not make an order under section 12(1)(b) of the Powers of
Criminal Courts (Sentencing) Act 2000 (conditional discharge)
in respect of the offence unless it is of the opinion that there are
10
exceptional circumstances relating to the offence or the person
that justify it doing so, and
(b)
where it does so, must state in open court that it is of that
opinion and its reasons for that opinion.
(7)
There may be cited in criminal proceedings—
15
(a)
a youth caution given to a person, and
(b)
a report on a failure by a person to participate in a rehabilitation
programme arranged for the person under subsection (2) or (3),

in the same circumstances as a conviction of the person may be cited.
(8)
In this section “rehabilitation programme” means a programme with
20
the purpose of rehabilitating participants and preventing them from re-
offending.”
(3)
Schedule 24 (youth cautions: consequential amendments) has effect.
(4)
The amendments made by this section and that Schedule do not apply in
relation to an offence committed before they come into force.
25
(5)
A reprimand or warning of a person under section 65 of the Crime and
Disorder Act 1998, or any caution treated as such by virtue of paragraph 5 of
Schedule 9 to that Act, is to be treated for the purposes of any enactment or
instrument (whenever passed or made) as a youth caution given to that person
under section 66ZA(1) of that Act.
30
(6)
A referral of a person to a youth offending team under section 66(1) of the
Crime and Disorder Act 1998 is to be treated for the purposes of section 66ZB
of that Act as a referral under that section.
(7)
A rehabilitation programme provided under section 66 of the Crime and
Disorder Act 1998 is to be treated for the purposes of any enactment or
35
instrument (whenever passed or made) as provided under section 66ZB of that
Act.
137
Youth conditional cautions: previous convictions
In section 66A(1) of the Crime and Disorder Act 1998 (requirements to be met
before youth conditional caution may be given) omit paragraph (a) and the
40
“and” at the end of that paragraph (requirement of no previous convictions).
138
Youth conditional cautions: references to youth offending teams
In section 66A of the Crime and Disorder Act 1998 (youth conditional cautions)

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 8 — Rehabilitation of offenders
121

after subsection (6) insert—
“(6A)
If an authorised person gives a youth conditional caution to an
offender, the authorised person must as soon as practicable refer the
offender to a youth offending team.”
139
Youth conditional cautions: involvement of prosecutors
5
(1)
The Crime and Disorder Act 1998 is amended as follows.
(2)
In section 66A(4) (conditions that may be attached to a youth conditional
caution) for “by a relevant prosecutor” substitute “in the condition”.
(3)
In section 66B(2) (relevant prosecutor must decide that there is sufficient
evidence to prosecute and that a conditional caution should be given) after “a
10
relevant prosecutor” insert “or the authorised person”.
(4)
In section 66C(5) (relevant prosecutor must specify amount of financial penalty
and how it must be paid etc) for “a relevant prosecutor must also” substitute
“the condition must”.
(5)
In section 66D (variation of conditions by relevant prosecutor) after “A relevant
15
prosecutor” insert “or an authorised person”.
(6)
In section 66G (code of practice) in subsection (2)(h) (Secretary of State’s code
of practice may include provision about what a relevant prosecutor may
provide under section 66C(5)(b)) for “by a relevant prosecutor” substitute “in a
condition”.
20
Chapter 8
Rehabilitation of offenders
140
Establishment or alteration of rehabilitation periods
(1)
The Rehabilitation of Offenders Act 1974 is amended as follows.
(2)
In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for “thirty
25
months” substitute “forty eight months”.
(3)
In the opening words of section 5(1A) (references to provisions of the Armed
Forces Act 2006) for “subsection (1)(d)” substitute “this section”.
(4)
For section 5(2) to (11) (rehabilitation periods) substitute—
“(2)
For the purposes of this Act and subject to subsections (3) and (4), the
30
rehabilitation period for a sentence is the period—
(a)
beginning with the date of the conviction in respect of which the
sentence is imposed, and
(b)
ending at the time listed in the following Table in relation to that
sentence:
35

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 8 — Rehabilitation of offenders
122

Sentence
End of rehabilitation
End of rehabilitation

period for adult
period for offenders

offenders
under 18 at date of

conviction

A custodial sentence of more than 30
The end of the
The end of the

5

months and up to, or consisting of, 48
period of 7 years
period of 42

months
beginning with the
months beginning

day on which the
with the day on

sentence
which the sentence

(including any
(including any

10

licence period) is
licence period) is

completed
completed

A custodial sentence of more than 6
The end of the
The end of the

months and up to, or consisting of, 30
period of 48
period of 24

months
months beginning
months beginning

15

with the day on
with the day on

which the sentence
which the sentence

(including any
(including any

licence period) is
licence period) is

completed
completed

20

A custodial sentence of 6 months or
The end of the
The end of the

less
period of 24
period of 18

months beginning
months beginning

with the day on
with the day on

which the sentence
which the sentence

25

(including any
(including any

licence period) is
licence period) is

completed
completed

Removal from Her Majesty’s service
The end of the
The end of the

period of 12
period of 6 months

30

months beginning
beginning with the

with the date of the
date of the

conviction in
conviction in

respect of which
respect of which

the sentence is
the sentence is

35

imposed
imposed

A sentence of service detention
The end of the
The end of the

period of 12
period of 6 months

months beginning
beginning with the

with the day on
day on which the

40

which the sentence
sentence is

is completed
completed

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 8 — Rehabilitation of offenders
123

Sentence
End of rehabilitation
End of rehabilitation

period for adult
period for offenders

offenders
under 18 at date of

conviction

A fine
The end of the
The end of the

5

period of 12
period of 6 months

months beginning
beginning with the

with the date of the
date of the

conviction in
conviction in

respect of which
respect of which

10

the sentence is
the sentence is

imposed
imposed

A compensation order
The date on which
The date on which

the payment is
the payment is

made in full
made in full

15

A community or youth rehabilitation
The end of the
The end of the

order
period of 12
period of 6 months

months beginning
beginning with the

with the day
day provided for

provided for by or
by or under the

20

under the order as
order as the last

the last day on
day on which the

which the order is
order is to have

to have effect
effect

A relevant order
The day provided
The day provided

25

for by or under the
for by or under the

order as the last
order as the last

day on which the
day on which the

order is to have
order is to have

effect
effect

30

(3)
Where no provision is made by or under a community or youth
rehabilitation order or a relevant order for the last day on which the
order is to have effect, the rehabilitation period for the order is to be the
period of 24 months beginning with the date of conviction.
(4)
There is no rehabilitation period for—
35
(a)
an order discharging a person absolutely for an offence, or
(b)
any other sentence in respect of a conviction where the sentence
is not dealt with in the Table or under subsection (3),

and, in such cases, references in this Act to any rehabilitation period are
to be read as if the period of time were nil.
40
(5)
See also—
(a)
section 8AA (protection afforded to spent alternatives to
prosecution), and
(b)
Schedule 2 (protection for spent cautions).
(6)
The Secretary of State may by order amend column 2 or 3 of the Table
45
or the number of months for the time being specified in subsection (3).

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 8 — Rehabilitation of offenders
124

(7)
For the purposes of this section—
(a)
consecutive terms of imprisonment or other custodial sentences
are to be treated as a single term,
(b)
terms of imprisonment or other custodial sentences which are
wholly or partly concurrent (that is terms of imprisonment or
5
other custodial sentences imposed in respect of offences of
which a person was convicted in the same proceedings) are to
be treated as a single term,
(c)
no account is to be taken of any subsequent variation, made by
a court dealing with a person in respect of a suspended sentence
10
of imprisonment, of the term originally imposed,
(d)
no account is to be taken of any subsequent variation of the day
originally provided for by or under an order as the last day on
which the order is to have effect,
(e)
no account is to be taken of any detention or supervision
15
ordered by a court under section 104(3) of the Powers of
Criminal Courts (Sentencing) Act 2000,
(f)
a sentence imposed by a court outside England and Wales is to
be treated as the sentence mentioned in this section to which it
most closely corresponds.
20
(8)
In this section—
“community or youth rehabilitation order” means—
(a)
a community order under section 177 of the Criminal
Justice Act 2003,
(b)
a service community order or overseas community
25
order under the Armed Forces Act 2006,
(c)
a youth rehabilitation order under Part 1 of the Criminal
Justice and Immigration Act 2008, or
(d)
any order of a kind superseded (whether directly or
indirectly) by an order mentioned in paragraph (a), (b)
30
or (c),
“custodial sentence” means—
(a)
a sentence of imprisonment,
(b)
a sentence of detention in a young offender institution,
(c)
a sentence of Borstal training,
35
(d)
a sentence of youth custody,
(e)
a sentence of corrective training,
(f)
a sentence of detention under section 91 of the Powers of
Criminal Courts (Sentencing) Act 2000 or section 209 of
the Armed Forces Act 2006,
40
(g)
a detention and training order under section 100 of the
Powers of Criminal Courts (Sentencing) Act 2000 or an
order under section 211 of the Armed Forces Act 2006,
(h)
any sentence of a kind superseded (whether directly or
indirectly) by a sentence mentioned in paragraph (f) or
45
(g),
“earlier statutory order” means—
(a)
an order under section 54 of the Children and Young
Persons Act 1933 committing the person convicted to
custody in a remand home,
50

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 8 — Rehabilitation of offenders
125

(b)
an approved school order under section 57 of that Act,
or
(c)
any order of a kind superseded (whether directly or
indirectly) by an order mentioned in any of paragraphs
(c) to (e) of the definition of “relevant order” or in
5
paragraph (a) or (b) above,
“relevant order” means—
(a)
an order discharging a person conditionally for an
offence,
(b)
an order binding a person over to keep the peace or be
10
of good behaviour,
(c)
an order under section 1(2A) of the Street Offences Act
1959,
(d)
a hospital order under Part 3 of the Mental Health Act
1983 (with or without a restriction order),
15
(e)
a referral order under section 16 of the Powers of
Criminal Courts (Sentencing) Act 2000,
(f)
an earlier statutory order, or
(g)
any order which imposes a disqualification, disability,
prohibition or other penalty and is not otherwise dealt
20
with in the Table or under subsection (3),
but does not include a reparation order under section 73 of the
Powers of Criminal Courts (Sentencing) Act 2000,
“removal from Her Majesty’s service” means a sentence of
dismissal with disgrace from Her Majesty’s service, a sentence
25
of dismissal from Her Majesty’s service or a sentence of
cashiering or discharge with ignominy,
“sentence of imprisonment” includes a sentence of penal servitude
(and “term of imprisonment” is to be read accordingly),
“sentence of service detention” means—
30
(a)
a sentence of service detention (within the meaning
given by section 374 of the Armed Forces Act 2006), or a
sentence of detention corresponding to such a sentence,
in respect of a conviction in service disciplinary
proceedings, or
35
(b)
any sentence of a kind superseded (whether directly or
indirectly) by a sentence mentioned in paragraph (a).”
(5)
In section 6 (subsequent convictions to extend the rehabilitation period
applicable to a conviction)—
(a)
in subsection (5) (exception to rule for certain orders imposing
40
disqualifications etc.) for “in accordance with section 5(8) above”
substitute “by virtue of paragraph (g) of the definition of “relevant
order” in section 5(8) above”, and
(b)
omit subsection (6) (other exceptions to the rule).
(6)
After section 8A (protection afforded to spent cautions) insert—
45
“8AA
Protection afforded to spent alternatives to prosecution
(1)
The following provisions of this Act apply, with the modifications
specified in subsection (3), to a spent alternative to prosecution as they
apply to a spent caution—