|
| |
| |
(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 |
| |
| 5 |
(b) | subject to that, may fall more than three years after the |
| |
| |
(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 |
| |
| |
(5) | In that Schedule, after paragraph 19 insert— |
| 15 |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
(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 |
| |
| 40 |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
| |
| |
|
| |
| |
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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(2) | In paragraph 8 (powers of court in case of breach or conviction)— |
| |
| |
| |
|
| |
| |
(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 |
| |
Requirements under community orders and suspended sentence orders |
| |
| |
(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 |
| |
| |
(3) | Section 202 of that Act (orders imposing programme requirements) is |
| 35 |
| |
(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). |
| |
| |
| |
|
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
““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 |
| |
| |
(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 |
| |
| |
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 |
| |
| 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 |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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. |
| |
| |
| |
|
