Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 22 — Dangerous offenders subject to service law etc
Part 2 — Consequential provision
279

(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
to the offender.
(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
the 2003 Act.”
10
Omit section 222 (offenders aged under 18: certain violent or sexual
offences).
25
Part 2
Consequential provision
Juries Act 1974 (c. 23)
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
Act 2006)”.
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
subsection (1A)—
(a)
before “227” insert “226A or”, and
40
(b)
after “219” insert “, 219A”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 22 — Dangerous offenders subject to service law etc
Part 2 — Consequential provision
280

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)—

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 22 — Dangerous offenders subject to service law etc
Part 2 — Consequential provision
281

(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
subsection (4)—
(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”
insert “by”.
27
In section 223 (the “required opinion” for the purposes of sections 219 to 222)
in subsection (1)—
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
of this Act.”
30    (1)
Section 228 (appeals where previous convictions set aside) is amended as
20
follows.
      (2)
For subsection (1) substitute—
“(1A)
Subsection (3) applies in the cases described in subsections (1B) to
(2).
(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
set aside on appeal; and
(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
Act);
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);

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 22 — Dangerous offenders subject to service law etc
Part 2 — Consequential provision
282

(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
Act);
(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.”
      (3)
In subsection (2)—
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
been met.
(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
modified.”
30
      (5)
In subsection (4) for “Subsection (3) has” substitute “Subsections (3) and (3B)
have”.
31
In section 237 (duty to have regard to the purposes of sentencing etc) in
subsection (3)(b)—
(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)”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 22 — Dangerous offenders subject to service law etc
Part 2 — Consequential provision
283

      (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
amended as follows.
      (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)
is amended as follows.
      (2)
In subsection (1)—
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);”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 23 — Penalty notices for disorderly behaviour
284

Part 3
Transitory provision
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)”.
Schedule 23
10
Section 133

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
education option.”
      (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).
      (6)
In subsection (4)—
(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
established by—
(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
2A;”, and

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 23 — Penalty notices for disorderly behaviour
285

(b)
at the end insert “;
“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,
and
(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
associated provision).
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
course, and
(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
course relates.
(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
be—
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