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Legal Aid, Sentencing and Punishment of Offenders Bill


Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

51

 

(b)   

after that sub-paragraph insert—

  “(3ZA)  

A date substituted under sub-paragraph (3)—

(a)   

may not fall outside the period of six months

beginning with the date previously specified under

section 177(5);

5

(b)   

subject to that, may fall more than three years after the

date of the order.

    (3ZB)  

The power under sub-paragraph (3) to substitute a date may

not be exercised in relation to an order if that power or the

power under paragraph 9(3) to substitute a date has

10

previously been exercised in relation to that order.

    (3ZC)  

A date substituted under sub-paragraph (3) is to be treated as

having been specified in relation to the order under section

section 177(5).”

(5)   

In that Schedule, after paragraph 19 insert—

15

“Extension of order

19A   (1)  

The appropriate court may, on the application of the offender or the

responsible officer, amend a community order by substituting a later

date for that specified under section 177(5).

      (2)  

A date substituted under sub-paragraph (1)—

20

(a)   

may not fall outside the period of six months beginning with

the date previously specified under section 177(5);

(b)   

subject to that, may fall more than three years after the date

of the order.

      (3)  

The power under sub-paragraph (1) may not be exercised in relation

25

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

been specified in relation to the order under section 177(5).

      (5)  

In this paragraph “the appropriate court” has the same meaning as in

30

paragraph 16.”

68      

Breach of community order

(1)   

Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or amendment

of community order) is amended as follows.

(2)   

In paragraph 9 (powers of magistrates’ court in case of breach), in sub-

35

paragraph (1)—

(a)   

in the opening words, for “must” substitute “may”, and

(b)   

after paragraph (a) insert—

“(aa)   

by ordering the offender to pay a fine of an amount

not exceeding £2,500;”.

40

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

52

 

(3)   

In that paragraph, after sub-paragraph (3A) insert—

   “(3B)  

A fine imposed under sub-paragraph (1)(aa) is to be treated, for the

purposes of any enactment, as being a sum adjudged to be paid by a

conviction.”

(4)   

In sub-paragraph (6) of that paragraph, for the words from “be required to” to

5

“or (c),” substitute “have the power to deal with the offender under sub-

paragraph (1)(a), (aa), (b) or (c),”.

(5)   

In paragraph 10 (powers of Crown Court in case of breach), in sub-paragraph

(1)—

(a)   

in the opening words, for “must” substitute “may”, and

10

(b)   

after paragraph (a) insert—

“(aa)   

by ordering the offender to pay a fine of an amount

not exceeding £2,500;”.

(6)   

In that paragraph, after sub-paragraph (3A) insert—

   “(3B)  

A fine imposed under sub-paragraph (1)(aa) is to be treated, for the

15

purposes of any enactment, as being a sum adjudged to be paid by a

conviction.”

(7)   

After paragraph 11 insert—

“Power to amend amounts of fines

11A   (1)  

The Secretary of State may by order amend any sum for the time

20

being specified in paragraph 9(1)(aa) or 10(1)(aa).

      (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—

25

(a)   

if the sum specified in paragraph 9(1)(aa) or 10(1)(aa) (as the

case may be) has been substituted by an order under sub-

paragraph (1), the date on which the sum was last so

substituted;

(b)   

otherwise, the date on which section 68 of the Legal Aid,

30

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 community order made in respect

of an offence committed before the fine amendment order comes into

35

force.”

Suspended sentence orders

69      

Changes to powers to make suspended sentence order

(1)   

In section 189 of the Criminal Justice Act 2003 (suspended sentences of

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

53

 

imprisonment), for subsection (1) substitute—

“(1)   

If a court passes a sentence of imprisonment for a term of least 14 days

but not more than 2 years, it may make an order providing that the

sentence of imprisonment is not to take effect unless—

(a)   

during a period specified in the order for the purposes of this

5

paragraph (“the operational period”) the offender commits

another offence in the United Kingdom (whether or not

punishable with imprisonment), and

(b)   

a court having power to do so subsequently orders under

paragraph 8 of Schedule 12 that the original sentence is to take

10

effect.

(1A)   

An order under subsection (1) may also provide that the offender must

comply during a period specified in the order for the purposes of this

subsection (“the supervision period”) with one or more requirements

falling within section 190(1) and specified in the order.

15

(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

a requirement imposed under subsection (1A), and

20

(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

consecutive sentences imposed), for the words from “does not exceed” to the

25

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

operational period), at the beginning insert “Where an order under subsection

30

(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:

consequential and transitory provision) has effect.

35

(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.

70      

Fine for breach of suspended sentence order

(1)   

Schedule 12 to the Criminal Justice Act 2003 (breach or amendment of

40

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)—

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

54

 

(a)   

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

“(ba)   

the 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,

5

for the purposes of any enactment, as being a sum adjudged

to 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

10

12A   (1)  

The Secretary of State may by order amend the sum for the time

being 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.

15

      (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)   

otherwise, the date on which section 70 of the Legal Aid,

20

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

respect of an offence committed before the fine amendment order

25

comes into force.”

Requirements under community orders and suspended sentence orders

71      

Programme requirement

(1)   

In section 177(2) of the Criminal Justice Act 2003 (community orders:

restrictions relating to particular requirements) omit paragraph (c) (which

30

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)   

Section 202 of that Act (orders imposing programme requirements) is

35

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

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

40

(5)   

Omit subsections (4) and (5) (requirements to be met before court includes a

programme requirement in a relevant order).

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

55

 

(6)   

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

(a)   

in the opening words, for “requirement to attend an accredited

programme” 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

5

is so specified”.

(7)   

In subsection (7) (requirement for place providing programme requirement to

be 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.

10

72      

Curfew requirement

(1)   

Section 204 of the Criminal Justice Act 2003 (orders imposing curfew

requirements) is amended as follows.

(2)   

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

hours) for “twelve” substitute “sixteen”.

15

(3)   

In subsection (3) (order may not specify curfew periods outside period of six

months from making of order) for “six” substitute “twelve”.

73      

Foreign travel prohibition requirement

(1)   

In section 177 of the Criminal Justice Act 2003 (community orders), in

subsection (1), after paragraph (g) insert—

20

“(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

prohibition requirement,”.

25

(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)   

In subsection (4) of that section (power to impose electronic monitoring

30

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)   

In this Part “foreign travel prohibition requirement”, in relation to a

35

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

or described in the order,

40

(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.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

56

 

(2)   

A day specified under subsection (1) may not fall outside the period of

12 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.”

5

(6)   

In section 305(1) of that Act (interpretation of Part 12), at the appropriate place

insert—

““foreign travel prohibition requirement”, in relation to a

community order or suspended sentence order, has the

meaning given by section 206A;”.

10

74      

Mental health treatment requirement

(1)   

Section 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)—

15

(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

Act 1983 to proof of offender’s mental condition).

20

75      

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)   

In section 211(2) of that Act (powers of court at review hearing)—

25

(a)   

at the end of paragraph (a) insert “and”, and

(b)   

omit paragraph (b) and the “and” at the end of that paragraph.

(3)   

In section 223(3) of that Act (power to amend specified periods of time), omit

paragraph (c).

76      

Alcohol treatment requirement

30

(1)   

In section 212 of the Criminal Justice Act 2003 (alcohol treatment requirement)

omit subsection (4) (requirement for alcohol treatment requirement to have

effect for at least six months).

(2)   

In section 223(3) of that Act (power to amend specified periods of time), omit

paragraph (d).

35

77      

Alcohol abstinence and monitoring requirement

(1)   

After section 212 of the Criminal Justice Act 2003 insert—

“212A   

Alcohol abstinence and monitoring requirement

(1)   

In this Part “alcohol abstinence and monitoring requirement”, in

relation to a relevant order, means a requirement—

40

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

57

 

(a)   

that, subject to such exceptions (if any) as are specified—

(i)   

the offender must abstain from consuming alcohol

throughout a specified period, or

(ii)   

the offender must not consume alcohol so that at any

time during a specified period there is more than a

5

specified level of alcohol in the offender’s body, and

(b)   

that the offender must, for the purpose of ascertaining whether

the offender is complying with provision under paragraph (a),

submit during the specified period to monitoring in accordance

with specified arrangements.

10

(2)   

A period specified under subsection (1)(a) must not exceed 120 days.

(3)   

If the Secretary of State by order prescribes a minimum period for the

purposes of subsection (1)(a), a period specified under that provision

must be at least as long as the period prescribed.

(4)   

The level of alcohol specified under subsection (1)(a)(ii) must be that

15

prescribed by the Secretary of State by order for the purposes of that

provision (and a requirement under that provision may not be imposed

unless such an order is in force).

(5)   

An order under subsection (4) may prescribe a level—

(a)   

by reference to the proportion of alcohol in any one or more of

20

an offender’s breath, blood, urine or sweat, or

(b)   

by some other means.

(6)   

The arrangements for monitoring specified under subsection (1)(b)

must be consistent with those prescribed by the Secretary of State by

order (and an alcohol abstinence and monitoring requirement may not

25

be imposed unless such an order is in force).

(7)   

An order under subsection (6) may in particular prescribe—

(a)   

arrangements for monitoring by electronic means;

(b)   

arrangements for monitoring by other means of testing.

(8)   

A court may not include an alcohol abstinence and monitoring

30

requirement in a relevant order unless the following conditions are

met.

(9)   

The first condition is that—

(a)   

the consumption of alcohol by the offender is an element of the

offence for which the order is to be imposed or an associated

35

offence, or

(b)   

the court is satisfied that the consumption of alcohol by the

offender was a factor that contributed to the commission of that

offence or an associated offence.

(10)   

The second condition is that the court is satisfied that the offender is not

40

dependent on alcohol.

(11)   

The third condition is that the court does not include an alcohol

treatment requirement in the order.

(12)   

The fourth condition is that the court has been notified by the Secretary

of State that arrangements for monitoring of the kind to be specified are

45

available in the local justice area to be specified.

 
 

 
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Revised 22 March 2012