|
| |
|
(e) | if the court were to impose an extended sentence of detention |
| |
under section 226B of the 2003 Act as a result of this section, |
| |
the term that it would specify as the appropriate custodial |
| |
term would be at least 4 years. |
| |
(2) | Subsections (2) to (7) of section 226B of the 2003 Act apply in relation |
| 5 |
| |
(3) | In section 226B(2) to (7) of the 2003 Act as applied by this section— |
| |
(a) | the reference in subsection (4) to section 153(2) of the 2003 Act |
| |
is to be read as a reference to section 261(2) of this Act; |
| |
(b) | the reference in subsection (5) to further specified offences |
| 10 |
includes a reference to further acts or omissions that would |
| |
be specified offences if committed in England and Wales; |
| |
(c) | the reference in subsection (6)(a) to a specified violent offence |
| |
is to be read as a reference to an offence under section 42 as |
| |
respects which the corresponding offence under the law of |
| 15 |
England and Wales is a specified violent offence; and |
| |
(d) | the reference in subsection (6)(b) to a specified sexual offence |
| |
is to be read as a reference to an offence under section 42 as |
| |
respects which the corresponding offence under the law of |
| |
England and Wales is a specified sexual offence. |
| 20 |
(4) | In this section “specified offence”, “specified sexual offence” and |
| |
“specified violent offence” have the meanings given by section 224 of |
| |
| |
10 | Omit section 222 (offenders aged under 18: certain violent or sexual |
| |
| 25 |
| |
| |
| |
11 | In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury |
| |
service) in paragraph 6(d) after “2003” insert “(including such a sentence |
| 30 |
imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces |
| |
| |
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) |
| |
12 | In article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order |
| |
1978 (sentences excluded from rehabilitation under the Order) in sub- |
| 35 |
paragraph (g)(iii) after “section” insert “226A, 226B,”. |
| |
Criminal Justice Act 1982 (c. 48) |
| |
13 | In section 32 of the Criminal Justice Act 1982 (early release of prisoners) in |
| |
| |
(a) | before “227” insert “226A or”, and |
| 40 |
(b) | after “219” insert “, 219A”. |
| |
|
| |
|
| |
|
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
14 | The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. |
| |
15 | In section 99 (conversion of sentence of detention to sentence of |
| |
imprisonment) in subsection (6)— |
| |
(a) | after “226” insert “, 226B”, and |
| 5 |
(b) | after “221” insert “, 221A”. |
| |
16 | In section 106A(1) (interaction with sentence of detention) in the definition |
| |
of “sentence of detention”— |
| |
(a) | before “228”, in the second place it appears, insert “226B or”, and |
| |
(b) | before “222” insert “221A or”. |
| 10 |
Criminal Justice and Court Services Act 2000 (c. 43) |
| |
17 | The Criminal Justice and Court Services Act 2000 is amended as follows. |
| |
18 | In section 62 (release on licence etc: conditions as to monitoring) in |
| |
subsection (5)(f) after “221” insert “, 221A”. |
| |
19 | In section 64 (release on licence etc: drug testing requirements) in subsection |
| 15 |
(5)(f) after “221” insert “, 221A”. |
| |
Sexual Offences Act 2003 (c. 42) |
| |
20 | In section 131 of the Sexual Offences Act 2003 (young offenders: application) |
| |
in paragraph (l) before “222” insert “221A or”. |
| |
Criminal Justice Act 2003 (c. 44) |
| 20 |
21 | In section 237 of the Criminal Justice Act 2003 (meaning of fixed term |
| |
prisoner etc) in subsection (1B) after paragraph (b) insert— |
| |
“(ba) | references to a sentence under section 226A of this Act |
| |
include a sentence under that section passed as a result of |
| |
section 219A of the Armed Forces Act 2006; |
| 25 |
(bb) | references to a sentence under section 226B of this Act include |
| |
a sentence under that section passed as a result of section |
| |
221A of the Armed Forces Act 2006;”. |
| |
Armed Forces Act 2006 (c. 52) |
| |
22 | The Armed Forces Act 2006 is amended as follows. |
| 30 |
23 (1) | Section 188 (consecutive custodial sentences) is amended as follows. |
| |
(2) | In subsection (2) in paragraph (c)— |
| |
(a) | for “228” substitute “226B”, and |
| |
(b) | for “222” substitute “221A”. |
| |
(3) | In subsection (4) in paragraph (c)— |
| 35 |
(a) | before “228” insert “226B or”, and |
| |
(b) | before “222” insert “221A or”. |
| |
24 | In section 209 (offenders aged under 18 convicted of certain serious offences: |
| |
power to detain for specified period) in subsection (7)— |
| |
|
| |
|
| |
|
(a) | for “section 226(2)” substitute “sections 224A and 226(2)”, and |
| |
(b) | for “section 221(2)” substitute “sections 218A and 221(2)”. |
| |
25 | In section 211 (offenders aged under 18: detention and training orders) in |
| |
| |
(a) | after “218,” insert “218A,”, and |
| 5 |
(b) | for “222” substitute “221A”. |
| |
26 | In section 221(3) (dangerous offenders aged under 18) after “as applied” |
| |
| |
27 | In section 223 (the “required opinion” for the purposes of sections 219 to 222) |
| |
| 10 |
(a) | for “220(1)” substitute “219A(1)”, and |
| |
(b) | for “222(1)” substitute “221A(1)”. |
| |
28 | In the heading of that section for “222” substitute “221A”. |
| |
29 | For section 224 (place of detention under certain sentences) substitute— |
| |
“224 | Place of detention under certain sentences |
| 15 |
Section 235 of the 2003 Act (detention under sections 226, 226B and |
| |
228) applies to a person sentenced to be detained under section |
| |
226(3), 226B or 228 of that Act as applied by section 221, 221A or 222 |
| |
| |
30 (1) | Section 228 (appeals where previous convictions set aside) is amended as |
| 20 |
| |
(2) | For subsection (1) substitute— |
| |
“(1A) | Subsection (3) applies in the cases described in subsections (1B) to |
| |
| |
(1B) | The first case is where— |
| 25 |
(a) | a sentence has been imposed on any person under section |
| |
224A of the 2003 Act (as applied by section 218A of this Act); |
| |
(b) | a previous conviction of that person has been subsequently |
| |
| |
(c) | without that conviction, the previous offence condition |
| 30 |
mentioned in section 218A(1)(d) would not have been met. |
| |
(1C) | The second case is where— |
| |
(a) | a sentence has been imposed on any person under section |
| |
225(3) of the 2003 Act (as applied by section 219(2) of this |
| |
| 35 |
(b) | the condition in section 225(3A) of the 2003 Act was met but |
| |
the condition in section 225(3B) of that Act was not; and |
| |
(c) | any previous conviction of the person without which the |
| |
condition in section 225(3A) would not have been met is |
| |
subsequently set aside on appeal. |
| 40 |
(1D) | The third case is where— |
| |
(a) | a sentence has been imposed on any person under section |
| |
226A of the 2003 Act (as applied by section 219A of this Act); |
| |
|
| |
|
| |
|
(b) | the condition in section 219A(2) was met, but the condition in |
| |
section 219A(3) was not; and |
| |
(c) | any previous conviction of the person without which the |
| |
condition in section 219A(2) would not have been met is |
| |
subsequently set aside on appeal. |
| 5 |
(1E) | The fourth case is where— |
| |
(a) | a sentence has been imposed on any person under section |
| |
227(2) of the 2003 Act (as applied by section 220(2) of this |
| |
| |
(b) | the condition in section 227(2A) of the 2003 Act was met but |
| 10 |
the condition in section 227(2B) of that Act was not; and |
| |
(c) | any previous conviction of the person without which the |
| |
condition in section 227(2A) would not have been met is |
| |
subsequently set aside on appeal.” |
| |
| 15 |
(a) | for “Subsection (3) also applies” substitute “The fifth case is”; and |
| |
(b) | in paragraph (a) after “226” insert “of this Act”. |
| |
(4) | After subsection (3) insert— |
| |
“(3A) | Subsection (3B) applies where— |
| |
(a) | a sentence has been imposed on a person under section 224A |
| 20 |
of the 2003 Act (as applied by section 218A of this Act); |
| |
(b) | a previous sentence imposed on that person has been |
| |
subsequently modified on appeal; and |
| |
(c) | taking account of that modification, the previous offence |
| |
condition mentioned in section 218A(1)(d) would not have |
| 25 |
| |
(3B) | An application for leave to appeal against the sentence mentioned in |
| |
subsection (3A)(a) may be lodged at any time within 29 days |
| |
beginning with the day on which the previous sentence was |
| |
| 30 |
(5) | In subsection (4) for “Subsection (3) has” substitute “Subsections (3) and (3B) |
| |
| |
31 | In section 237 (duty to have regard to the purposes of sentencing etc) in |
| |
| |
(a) | after “sections” insert “218A,”, and |
| 35 |
(b) | before “225(2)” insert “224A,”. |
| |
32 | In section 246 (crediting of time in service custody: terms of imprisonment |
| |
and detention) in subsection (6)(b)— |
| |
(a) | before “228” insert “226B or”, and |
| |
(b) | before “222” insert “221A or”. |
| 40 |
33 (1) | Section 256 (pre-sentence reports) is amended as follows. |
| |
(2) | In subsection (1)(c)— |
| |
(a) | for “220(1)” substitute “219A(1)”, and |
| |
(b) | for “222(1)” substitute “221A(1)”. |
| |
|
| |
|
| |
|
(3) | After subsection (9) insert— |
| |
“(10) | The reference in subsection (1)(a) to a court forming any such |
| |
opinion as is mentioned in section 260(2) or 261(2) includes a court |
| |
forming such an opinion for the purposes of section 218A(4).” |
| |
34 (1) | Section 260 (discretionary custodial sentences: general restrictions) is |
| 5 |
| |
(2) | In subsection (1)(b)— |
| |
(a) | before “225(2)” insert “224A,”, and |
| |
(b) | before “219(2)” insert “218A,”. |
| |
(3) | After subsection (4) insert— |
| 10 |
“(4A) | The reference in subsection (4) to a court forming any such opinion |
| |
as is mentioned in subsection (2) or section 261(2) includes a court |
| |
forming such an opinion for the purposes of section 218A(4). |
| |
(4B) | The reference in subsection (4) to a court forming any such opinion |
| |
as is mentioned in section 261(2) also includes a court forming such |
| 15 |
an opinion for the purposes of section 226A(6) or 226B(4) of the 2003 |
| |
Act (as applied by section 219A or 221A of this Act).” |
| |
35 (1) | Section 261 (length of discretionary custodial sentences: general provision) |
| |
| |
| 20 |
(a) | before “225” insert “224A,”, and |
| |
(b) | before “219(2)” insert “218A,”. |
| |
(3) | In subsection (3) for “220, 222” substitute “219A, 221A”. |
| |
36 | In section 273 (review of unduly lenient sentence by Court Martial Appeal |
| |
Court) in subsection (6)(b)— |
| 25 |
(a) | before “225(2)” insert “224A,”, and |
| |
(b) | before “219(2)” insert “218A,”. |
| |
37 | In section 374 (definitions applying for purposes of the whole Act) in the |
| |
definition of “custodial sentence” after paragraph (e) (but before the “or” at |
| |
the end of that paragraph) insert— |
| 30 |
“(ea) | a sentence of detention under section 226B of that Act |
| |
passed as a result of section 221A of this Act;”. |
| |
Counter-Terrorism Act 2008 (c. 28) |
| |
38 | In Schedule 6 to the Counter-Terrorism Act 2008 (notification requirements: |
| |
application to service offences) in paragraph 5(1)(a) after sub-paragraph (vi) |
| 35 |
(but before the “or” at the end of that sub-paragraph) insert— |
| |
“(via) | detention under section 226B of that Act (extended |
| |
sentence of detention for certain dangerous |
| |
offenders aged under 18);”. |
| |
|
| |
|
| |
|
| |
| |
39 (1) | In relation to any time before the repeal of section 30 of the Criminal Justice |
| |
and Court Services Act 2000 (protection of children: supplemental) by |
| |
Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section |
| 5 |
has effect with the modification in sub-paragraph (2). |
| |
(2) | In subsection (1), in paragraph (dd) of the definition of “qualifying |
| |
sentence”, after “2003” insert “(including such a sentence imposed as a result |
| |
of section 221, 221A or 222 of the Armed Forces Act 2006)”. |
| |
| 10 |
| |
Penalty notices for disorderly behaviour |
| |
Criminal Justice and Police Act 2001 (c. 16) |
| |
1 | Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (on the spot |
| |
penalties for disorderly behaviour) is amended as follows. |
| |
2 | In section 1 (offences leading to penalties on the spot) omit subsections (4) |
| 15 |
and (5) (provision about orders under subsections (2) and (3) of that section). |
| |
3 (1) | Section 2 (penalty notices) is amended as follows |
| |
(2) | In subsection (1) for “10” substitute “18”. |
| |
(3) | After subsection (1) insert— |
| |
“(1A) | If the offence mentioned in subsection (1) is a relevant penalty |
| 20 |
offence, the constable may give the person a penalty notice with an |
| |
| |
(4) | Omit subsection (2) (requirement that constable giving a penalty notice |
| |
other than at a police station be in uniform). |
| |
(5) | Omit subsection (3) (requirement that constable giving a penalty notice at a |
| 25 |
police station be an authorised constable). |
| |
| |
(a) | after “Chapter”, in the first place it appears, insert “— |
| |
“approved educational course” means an educational |
| |
course run as part of an educational course scheme |
| 30 |
| |
(a) | in the case of a notice given by a constable of |
| |
the British Transport Police Force, the Chief |
| |
Constable of that force, and |
| |
(b) | in any other case, the chief officer of police for |
| 35 |
the area in which the notice is given; |
| |
“educational course scheme” means a scheme |
| |
established by a chief officer of police under section |
| |
| |
|
| |
|
| |
|
| |
“penalty notice with an education option” means a |
| |
penalty notice that also offers the opportunity to |
| |
discharge any liability to be convicted of the offence |
| |
to which the notice relates by— |
| 5 |
(a) | completing an approved educational course, |
| |
| |
(b) | paying the course fee.” |
| |
(7) | After subsection (4) insert— |
| |
“(4A) | In this section, “relevant penalty offence” means a penalty offence in |
| 10 |
relation to which there is an approved educational course. |
| |
(4B) | The Secretary of State may by regulations make provision about the |
| |
revocation of penalty notices.” |
| |
(8) | Omit subsection (5) (definition of “authorised constable”). |
| |
(9) | Omit subsections (6) to (9) (Secretary of State order making power and |
| 15 |
| |
4 | After section 2 (penalty notices) insert— |
| |
“2A | Educational course schemes |
| |
(1) | A chief officer of police may establish an educational course scheme |
| |
under this section in relation to one or more kinds of penalty offence |
| 20 |
committed in the chief officer’s area. |
| |
(2) | An educational course scheme must include arrangements— |
| |
(a) | for educational courses relating to the penalty offences to |
| |
which the scheme relates to be provided to persons who are |
| |
given penalty notices with an education option, and |
| 25 |
(b) | for a course fee set by the chief officer of police— |
| |
(i) | to be paid by a person who attends an educational |
| |
| |
(ii) | to be refunded in such circumstances (if any) as the |
| |
chief officer considers appropriate. |
| 30 |
(3) | The purpose of an educational course mentioned in subsection (2) |
| |
must be to reduce the likelihood of those who take the course |
| |
committing the penalty offence, or penalty offences, to which the |
| |
| |
(4) | An educational course may be provided by any person who, and |
| 35 |
have any content that, the chief officer of police considers |
| |
appropriate given its purpose. |
| |
(5) | The Secretary of State may by regulations— |
| |
(a) | provide that the fee mentioned in subsection (2)(b) may not |
| |
| 40 |
(i) | less than an amount specified in the regulations, or |
| |
(ii) | more than an amount so specified; |
| |
(b) | make provision for and in connection with the disclosure, for |
| |
the purpose of running an educational course scheme, of |
| |
relevant personal information between— |
| 45 |
|
| |
|