|
| |
| |
“further period of supervision” means a period of |
| |
supervision imposed under section 104(3)(aa) of the |
| |
| |
“supervision requirements” means requirements under |
| |
section 103(6)(b) of that Act. |
| 5 |
(7) | In section 104B of the Sentencing Act, references to a custodial |
| |
sentence within the meaning of that Act include a custodial |
| |
sentence within the meaning of this Act.” |
| |
(10) | The amendments made by this section apply in relation to a failure to comply |
| |
with requirements under section 103(6)(b) of the Powers of Criminal Courts |
| 10 |
(Sentencing) Act 2000 that occurs after this section comes into force. |
| |
(11) | Where a failure is found to have occurred over two or more days, it is to be |
| |
taken for the purposes of subsection (10) to have occurred on the first of those |
| |
| |
82 | Youth rehabilitation order: curfew requirement |
| 15 |
(1) | Paragraph 14 of Schedule 1 to the Criminal Justice and Immigration Act 2008 |
| |
(youth rehabilitation order: curfew requirement) is amended as follows. |
| |
(2) | In sub-paragraph (2) (order may not specify curfew period of more than 12 |
| |
hours) for “12” substitute “16”. |
| |
(3) | In sub-paragraph (3) (order may not specify curfew periods outside period of |
| 20 |
6 months from making of order) for “6” substitute “12”. |
| |
83 | Youth rehabilitation order: mental health treatment requirement |
| |
(1) | Paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008 |
| |
(youth rehabilitation order: mental health treatment requirement) is amended |
| |
| 25 |
(2) | In sub-paragraph (3)(a) (requirement for court to be satisfied as to offender’s |
| |
mental condition on evidence of registered medical practitioner)— |
| |
(a) | omit the words from “, on the evidence” to “1983 (c. 20),”, and |
| |
(b) | in sub-paragraph (ii), for “that Act” substitute “the Mental Health Act |
| |
| 30 |
(3) | Omit sub-paragraph (5) (application of section 54(2) and (3) of the Mental |
| |
Health Act 1983 to proof of offender’s mental condition). |
| |
84 | Youth rehabilitation order: duration |
| |
(1) | In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further |
| |
provisions about youth rehabilitation orders), in paragraph 32 (requirement |
| 35 |
for order to specify date by which requirements must have been complied |
| |
| |
(a) | in sub-paragraph (1), after the first “date” insert “(“the end date”)”, |
| |
(b) | for sub-paragraph (2) substitute— |
| |
“(2) | If a youth rehabilitation order imposes two or more different |
| 40 |
requirements falling within Part 2 of this Schedule, the order |
| |
may also specify a date by which each of those requirements |
| |
| |
| |
|
| |
| |
must have been complied with; and the last of those dates |
| |
must be the same as the end date.”, and |
| |
(c) | after sub-paragraph (3) insert— |
| |
“(4) | Subject to paragraph 10(7) (duration of youth rehabilitation |
| |
order imposing unpaid work requirement), a youth |
| 5 |
rehabilitation order ceases to be in force on the end date.” |
| |
(2) | In Schedule 2 to that Act (breach, revocation or amendment of youth |
| |
rehabilitation order), in paragraph 6 (powers of magistrates’ court in case of |
| |
| |
(a) | in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph |
| 10 |
| |
(b) | after that sub-paragraph insert— |
| |
“(6A) | When imposing a req uirement under sub-paragraph (2)(b), |
| |
the court may amend the order to substitute a later date for |
| |
that specified under paragraph 32(1) of Schedule 1. |
| 15 |
(6B) | A date substituted under sub-paragraph (6A)— |
| |
(a) | may not fall outside the period of six months |
| |
beginning with the date previously specified under |
| |
paragraph 32(1) of Schedule 1; |
| |
(b) | subject to that, may fall more than three years after the |
| 20 |
date on which the order took effect. |
| |
(6C) | The power under sub-paragraph (6A) may not be exercised |
| |
in relation to an order if that power or the power in |
| |
paragraph 8(6A) has previously been exercised in relation to |
| |
| 25 |
(6D) | A date substituted under sub-paragraph (6A) is to be treated |
| |
as having been specified in relation to the order under |
| |
paragraph 32(1) of Schedule 1.” |
| |
(3) | In that Schedule, in paragraph 8 (powers of Crown Court in case of breach of |
| |
| 30 |
(a) | in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph |
| |
| |
(b) | after that sub-paragraph insert— |
| |
“(6A) | When imposing a req uirement under sub-paragraph (2)(b), |
| |
the Crown Court may amend the order to substitute a later |
| 35 |
date for that specified under paragraph 32(1) of Schedule 1. |
| |
(6B) | A date substituted under sub-paragraph (6A)— |
| |
(a) | may not fall outside the period of six months |
| |
beginning with the date previously specified under |
| |
paragraph 32(1) of Schedule 1; |
| 40 |
(b) | subject to that, may fall more than three years after the |
| |
date on which the order took effect. |
| |
(6C) | The power under sub-paragraph (6A) may not be exercised |
| |
in relation to an order if that power or the power in |
| |
paragraph 6(6A) has previously been exercised in relation to |
| 45 |
| |
| |
| |
|
| |
| |
(6D) | A date substituted under sub-paragraph (6A) is to be treated |
| |
as having been specified in relation to the order under |
| |
paragraph 32(1) of Schedule 1.” |
| |
(4) | In that Schedule, in paragraph 16(1) (exercise of powers to amend order: |
| |
further provision), at the beginning insert “Subject to paragraph 16A,”. |
| 5 |
(5) | After that paragraph insert— |
| |
| |
16A (1) | The appropriate court may, on the application of the offender or the |
| |
responsible officer, amend a youth rehabilitation order by |
| |
substituting a later date for that specified under paragraph 32(1) of |
| 10 |
| |
(2) | A date substituted under sub-paragraph (1)— |
| |
(a) | may not fall outside the period of six months beginning with |
| |
the date previously specified under paragraph 32(1) of |
| |
| 15 |
(b) | subject to that, may fall more than three years after the date |
| |
on which the order took effect. |
| |
(3) | The power under sub-paragraph (1) may not be exercised in relation |
| |
to an order if it has previously been exercised in relation to that |
| |
| 20 |
(4) | A date substituted under sub-paragraph (1) is to be treated as having |
| |
been specified in relation to the order under paragraph 32(1) of |
| |
| |
(5) | In this paragraph “the appropriate court” means— |
| |
(a) | if the order was made by a youth court or other magistrates’ |
| 25 |
court, or was made by the Crown Court and contains a |
| |
direction under paragraph 36 of Schedule 1, the court |
| |
determined under sub-paragraph (6), and |
| |
(b) | if the order was made by the Crown Court and does not |
| |
contain a direction under paragraph 36 of Schedule 1, the |
| 30 |
| |
(6) | The court referred to in sub-paragraph (5)(a) is— |
| |
(a) | if the offender is aged under 18 when the application is made, |
| |
a youth court acting in the local justice area specified in the |
| |
youth rehabilitation order, and |
| 35 |
(b) | if the offender is aged 18 or over at that time, a magistrates’ |
| |
court (other than a youth court) acting in that local justice |
| |
| |
85 | Youth rehabilitation order: fine for breach |
| |
(1) | Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of |
| 40 |
requirement of youth rehabilitation order) is amended as follows. |
| |
(2) | In paragraph 6 (powers of magistrates’ court in case of breach), in sub- |
| |
paragraph (2)(a), for sub-paragraphs (i) and (ii) substitute “£2,500”. |
| |
| |
| |
|
| |
| |
(3) | In paragraph 8 (powers of Crown Court in case of breach), in sub-paragraph |
| |
(2)(a), for sub-paragraphs (i) and (ii) substitute “£2,500”. |
| |
(4) | In paragraph 10 (power to amend amounts of fine)— |
| |
(a) | in sub-paragraph (1) omit “(i) or (ii)” in both places, and |
| |
(b) | in sub-paragraph (3)— |
| 5 |
(i) | in paragraph (a) omit “(i) or (ii)” in both places, and |
| |
(ii) | in paragraph (b), for “this Act was passed” substitute “section |
| |
85 of the Legal Aid, Sentencing and Punishment of Offenders |
| |
Act 2012 came into force”. |
| |
| 10 |
86 | Removal of limit on certain fines on conviction by magistrates’ court |
| |
(1) | Where, on the commencement day, a relevant offence would, apart from this |
| |
subsection, be punishable on summary conviction by a fine or maximum fine |
| |
of £5,000 or more (however expressed), the offence is punishable on summary |
| |
conviction on or after that day by a fine of any amount. |
| 15 |
(2) | Where, on the commencement day, a relevant power could, apart from this |
| |
subsection, be exercised to create an offence punishable on summary |
| |
conviction by a fine or maximum fine of £5,000 or more (however expressed), |
| |
the power may be exercised on or after that day to create an offence punishable |
| |
on summary conviction by a fine of any amount. |
| 20 |
(3) | For the purposes of this section— |
| |
(a) | an offence is relevant if, immediately before the commencement day, it |
| |
is a common law offence or it is contained in an Act or an instrument |
| |
made under an Act (whether or not the offence is in force at that time), |
| |
| 25 |
(b) | a power is relevant if, immediately before the commencement day, it is |
| |
contained in an Act or an instrument made under an Act (whether or |
| |
not the power is in force at that time). |
| |
(4) | Nothing in subsection (1) affects— |
| |
(a) | fines for offences committed before the commencement day, |
| 30 |
(b) | the operation of restrictions on fines that may be imposed on a person |
| |
| |
(c) | fines that may be imposed on a person convicted by a magistrates’ |
| |
court who is to be sentenced as if convicted on indictment, |
| |
| and provision made in exercise of a relevant power in reliance on subsection |
| 35 |
(2) does not affect such fines or the operation of such restrictions. |
| |
(5) | The Secretary of State may by regulations make provision disapplying |
| |
| |
(6) | The Secretary of State may by regulations make provision— |
| |
(a) | for an offence in relation to which subsection (1) is disapplied to be |
| 40 |
punishable on summary conviction by a fine or maximum fine of an |
| |
amount specified or described in the regulations, and |
| |
(b) | for a power in relation to which subsection (2) is disapplied to be |
| |
exercisable to create an offence punishable on summary conviction by |
| |
| |
| |
|
| |
| |
a fine or maximum fine of an amount specified or described in the |
| |
| |
(7) | Subsection (8) applies in relation to— |
| |
(a) | a relevant offence that, immediately before the commencement day, is |
| |
punishable on summary conviction by a fine or maximum fine |
| 5 |
expressed as a proportion of an amount of £5,000 or more (however |
| |
that amount is expressed), and |
| |
(b) | a relevant power which, immediately before the commencement day, |
| |
can be exercised to create an offence punishable on summary |
| |
conviction by such a fine or maximum fine. |
| 10 |
(8) | The Secretary of State may by regulations make provision— |
| |
(a) | for the offence to be punishable on summary conviction by a fine or |
| |
maximum fine of that proportion of an amount specified or described |
| |
| |
(b) | for the power to be exercisable to create an offence punishable on |
| 15 |
summary conviction by such a fine or maximum fine. |
| |
(9) | Regulations under this section may not include provision affecting— |
| |
(a) | fines for offences committed before the regulations come into force, |
| |
(b) | the operation of restrictions on fines that may be imposed on a person |
| |
| 20 |
(c) | fines that may be imposed on a person convicted by a magistrates’ |
| |
court who is to be sentenced as if convicted on indictment, |
| |
| and provision made in exercise of a relevant power in reliance on regulations |
| |
under this section may not include such provision. |
| |
(10) | Regulations under this section— |
| 25 |
(a) | may make different provision for different cases or circumstances, |
| |
(b) | may make provision generally or only for specified cases or |
| |
| |
(c) | may make consequential, incidental, supplementary, transitional, |
| |
transitory or saving provision. |
| 30 |
(11) | Regulations under this section, and regulations under section 150 making |
| |
provision in relation to this section, may amend, repeal, revoke or otherwise |
| |
modify any provision which, immediately before the commencement day, is |
| |
contained in an Act or an instrument made under an Act (whether or not the |
| |
provision is in force at that time). |
| 35 |
(12) | Regulations under this section are to be made by statutory instrument. |
| |
(13) | A statutory instrument containing regulations under this section may not be |
| |
made unless a draft of the instrument has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| |
(14) | If, immediately before the commencement day, the sum specified as level 5 on |
| 40 |
the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard |
| |
scale of fines for summary offences) is greater than £5,000, the references in this |
| |
section to £5,000 have effect as if they were references to that sum. |
| |
(15) | Powers under this section— |
| |
(a) | may be exercised from time to time, and |
| 45 |
| |
| |
|
| |
| |
(b) | are without prejudice to other powers to modify fines for relevant |
| |
offences or fines that may be specified or described when exercising a |
| |
| |
(16) | For the purposes of this section, an offence is relevant whether it is a summary |
| |
offence or an offence triable either way. |
| 5 |
| |
“Act” includes an Act or Measure of the National Assembly for Wales; |
| |
“the commencement day” means the day on which subsection (1) of this |
| |
section comes into force; |
| |
| and references to an offence, power or provision contained in an Act or |
| 10 |
instrument include an offence, power or provision applied by, or extending to |
| |
England and Wales by virtue of, an Act or instrument. |
| |
87 | Power to increase certain other fines on conviction by magistrates’ court |
| |
(1) | Subsection (2) applies in relation to a relevant offence which, immediately |
| |
before the commencement day, is punishable on summary conviction by a fine |
| 15 |
or maximum fine of a fixed amount of less than £5,000. |
| |
(2) | The Secretary of State may by regulations make provision for the offence to be |
| |
punishable on summary conviction by a fine or maximum fine of an amount |
| |
specified or described in the regulations. |
| |
(3) | Subsection (4) applies in relation to a relevant power which, immediately |
| 20 |
before the commencement day, can be exercised to create an offence |
| |
punishable on summary conviction by a fine or maximum fine of a fixed |
| |
amount of less than £5,000 but not to create an offence so punishable by a fine |
| |
or maximum fine of a fixed amount of £5,000 or more. |
| |
(4) | The Secretary of State may by regulations make provision for the power to be |
| 25 |
exercisable to create an offence punishable on summary conviction by a fine or |
| |
maximum fine of an amount specified or described in the regulations. |
| |
(5) | Regulations under this section may not specify or describe an amount |
| |
exceeding whichever is the greater of— |
| |
| 30 |
(b) | the sum specified for the time being as level 4 on the standard scale. |
| |
(6) | Regulations under this section may not include provision affecting— |
| |
(a) | fines for offences committed before the regulations come into force, |
| |
(b) | the operation of restrictions on fines that may be imposed on a person |
| |
| 35 |
(c) | fines that may be imposed on a person convicted by a magistrates’ |
| |
court who is to be sentenced as if convicted on indictment, |
| |
| and provision made in exercise of a relevant power in reliance on regulations |
| |
under subsection (4) may not include such provision. |
| |
(7) | Regulations under this section— |
| 40 |
(a) | may make different provision for different cases or circumstances, |
| |
(b) | may make provision generally or only for specified cases or |
| |
| |
(c) | may make consequential, incidental, supplementary, transitional, |
| |
transitory or saving provision. |
| 45 |
| |
| |
|
| |
| |
(8) | Regulations under this section may amend, repeal, revoke or otherwise modify |
| |
any provision which, immediately before the commencement day, is contained |
| |
in an Act or an instrument made under an Act (whether or not the provision is |
| |
| |
(9) | Regulations under this section are to be made by statutory instrument. |
| 5 |
(10) | A statutory instrument containing regulations under this section may not be |
| |
made unless a draft of the instrument has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| |
(11) | If, immediately before the commencement day, the sum specified as level 5 on |
| |
the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard |
| 10 |
scale of fines for summary offences) is greater than £5,000, the references in this |
| |
section to £5,000 have effect as if they were references to that sum. |
| |
(12) | Powers under this section— |
| |
(a) | may be exercised from time to time, and |
| |
(b) | are without prejudice to other powers to modify fines for relevant |
| 15 |
offences or fines that may be specified or described when exercising a |
| |
| |
(13) | In this section “Act”, “the commencement day”, “relevant offence” and |
| |
“relevant power”, and references to a provision contained in an Act or |
| |
instrument, have the same meaning as in section 86. |
| 20 |
88 | Power to amend standard scale of fines for summary offences |
| |
(1) | The Secretary of State may by order substitute for the sums for the time being |
| |
specified as levels 1 to 4 on the standard scale in section 37(2) of the Criminal |
| |
Justice Act 1982 (standard scale of fines for summary offences) such other sums |
| |
as the Secretary of State considers appropriate. |
| 25 |
(2) | The power under subsection (1) may not be exercised so as to alter the ratio of |
| |
one of those levels to another. |
| |
(3) | In section 143 of the Magistrates’ Courts Act 1980 (power to alter sums |
| |
including standard scale of fines for summary offences), in subsection (3)(b), |
| |
after “subsection (1) above” insert “or section 88 of the Legal Aid, Sentencing |
| 30 |
and Punishment of Offenders Act 2012”. |
| |
(4) | In section 37 of the Criminal Justice Act 1982 (standard scale of fines for |
| |
summary offences), in subsection (3), at the end insert “or section 88 of the |
| |
Legal Aid, Sentencing and Punishment of Offenders Act 2012”. |
| |
(5) | An order under this section is to be made by statutory instrument. |
| 35 |
(6) | A statutory instrument containing an order under this section may not be |
| |
made unless a draft of the instrument has been laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| |
(7) | An order under this section does not affect fines for offences committed before |
| |
the order comes into force. |
| 40 |
89 | Withdrawal of warrants of control issued by fines officer |
| |
(1) | Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed |
| |
on conviction) is amended as follows. |
| |
| |
| |
|
