Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Other Bills before Parliament

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
72

(2)
In paragraph 7(1) (Part 3 of Schedule does not apply on an appeal against a
further steps notice) for “or 37(9)” substitute “, 37(9) or 37A(4)”.
(3)
In paragraph 37(7) (further steps notice must specify steps that fines officer
intends to take) for “intends” substitute “wishes to be able”.
(4)
After paragraph 37 insert—
5
“Issue by fines officer of replacement notice
37A   (1)
This paragraph applies if—
(a)
the fines officer has delivered to P a notice (“the current
notice”) that is—
(i)
a further steps notice that has not been replaced by a
10
notice under this paragraph, or
(ii)
a notice under this paragraph that has not been
replaced by a further notice under this paragraph,
(b)
P remains liable to pay any part of the sum due, and
(c)
the fines officer wishes to be able to take one or more steps
15
listed in paragraph 38 but not specified in the current notice.
      (2)
The fines officer may deliver to P a notice replacing the current
notice.
      (3)
A notice under this paragraph (a “replacement notice”) must—
(a)
state that the fines officer intends to take one or more of the
20
steps listed in paragraph 38,
(b)
specify the steps that the fines officer wishes to be able to
take, and
(c)
be in writing and dated.
      (4)
P may, within 10 working days from the date of a replacement notice,
25
appeal to the magistrates’ court against it.
      (5)
If a step is being taken in reliance on a notice at the time when the
notice is replaced by a replacement notice, the taking of the step may
continue despite the replacement.”
(5)
In paragraph 38(1) (list of steps referred to)—
30
(a)
after “37(6)(b)” insert “, 37A(3)(a)”, and
(b)
in paragraph (a) (steps include issuing warrants that authorise taking
control, and sale, of goods) for “levying” substitute “recovering”.
(6)
In paragraph 39 (powers of court on referrals and appeals)—
(a)
in sub-paragraph (1)(c)—
35
(i)
after “37(9)” insert “or 37A(4)”, and
(ii)
after “further steps notice” insert “or replacement notice”, and
(b)
in sub-paragraph (4) after “further steps notice” insert “or replacement
notice”.
(7)
In paragraph 40 (implementation of notice)—
40
(a)
after “further steps notice”, in both places, insert “or replacement
notice”, and
(b)
after “may be taken” insert “and retaken”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing
73

(8)
After paragraph 40 insert—
“Withdrawal of warrant of control by fines officer
40A   (1)
This paragraph applies if, in taking a step specified in a further steps
notice or replacement notice, the fines officer has issued a warrant of
control for the purpose of recovering the sum due.
5
      (2)
The fines officer may withdraw the warrant if—
(a)
P remains liable to pay any part of the sum due, and
(b)
the fines officer is satisfied that the warrant was issued by
mistake, including in particular a mistake made in
consequence of the non-disclosure or misrepresentation of a
10
material fact.
Discharge of warrant of control by magistrates’ court
40B   (1)
This paragraph applies if—
(a)
in taking a step specified in a further steps notice or
replacement notice, the fines officer has issued a warrant of
15
control for the purpose of recovering the sum due, and
(b)
the fines officer subsequently refers P’s case to the
magistrates’ court under paragraph 42.
      (2)
The magistrates’ court may discharge the warrant if—
(a)
P remains liable to pay any part of the sum due, and
20
(b)
the power conferred by section 142(1) of the Magistrates’
Courts Act 1980 (power of magistrates’ court to re-open cases
to rectify mistakes etc) would have been exercisable by the
court if the court had issued the warrant.
Duty of fines officer if warrant of control withdrawn or discharged
25
40C   (1)
This paragraph applies if condition A or B is met.
      (2)
Condition A is that the fines officer has withdrawn a warrant of
control under paragraph 40A.
      (3)
Condition B is that—
(a)
in taking a step specified in a further steps notice or
30
replacement notice, the fines officer has issued a warrant of
control for the purpose of recovering the sum due,
(b)
the fines officer has referred P’s case to the magistrates’ court
under paragraph 42,
(c)
the magistrates’ court has discharged the warrant of control
35
under paragraph 40B(2), and
(d)
the magistrates’ court has not discharged the collection order
or exercised any of its powers under paragraph 42(2).
      (4)
If P remains liable to pay any part of the sum due, the fines officer
must—
40
(a)
take (or retake) one or more of the steps specified in the
further steps notice or replacement notice that was the last
notice to be delivered to P under paragraph 37 or 37A before
the warrant of control was issued, or

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
74

(b)
deliver to P a replacement notice and take one or more of the
steps specified in that notice, or
(c)
refer P’s case to, or back to, the magistrates’ court under
paragraph 42.
Repeal of uncommenced provisions
5
90
Custody plus orders and intermittent custody orders
(1)
In the Criminal Justice Act 2003, omit the following provisions (custody plus
and intermittent custody)—
(a)
sections 181 to 188;
(b)
Schedules 10 and 11.
10
(2)
Schedule 10 (amendments consequential on subsection (1)) has effect.
Chapter 2
Bail
91
Amendment of bail enactments
Schedule 11 (amendment of enactments relating to bail) has effect.
15
Chapter 3
Remands of children otherwise than on bail
Remands
92
Remands of children otherwise than on bail
(1)
This section applies where—
20
(a)
a court deals with a child charged with or convicted of one or more
offences by remanding the child, and
(b)
the child is not released on bail.
(2)
This section also applies where—
(a)
a court remands a child in connection with extradition proceedings,
25
and
(b)
the child is not released on bail.
(3)
Subject to subsection (4), the court must remand the child to local authority
accommodation in accordance with section 93.
(4)
The court may instead remand the child to youth detention accommodation in
30
accordance with section 103 where—
(a)
in the case of a child remanded under subsection (1), the first or second
set of conditions for such a remand (see sections 99 and 100) is met in
relation to the child, or

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
75

(b)
in the case of a child remanded under subsection (2), the first or second
set of conditions for such a remand in an extradition case (see sections
101 and 102) is met in relation to the child.
(5)
This section is subject to section 128(7) of the Magistrates’ Courts Act 1980
(remands to police detention for periods of not more than 3 days); but that
5
provision has effect in relation to a child as if for the reference to 3 clear days
there were substituted a reference to 24 hours.
(6)
In this Chapter, “child” means a person under the age of 18.
(7)
References in this Chapter (other than in relation to extradition proceedings) to
the remand of a child include a reference to—
10
(a)
the sending of a child for trial, and
(b)
the committal of a child for sentence,

and related expressions are to be construed accordingly.
(8)
Before the insertion of section 51A of the Crime and Disorder Act 1998 (sending
cases to the Crown Court: children and young persons) by Schedule 3 to the
15
Criminal Justice Act 2003 is fully in force, subsection (7) has effect as if it also
referred to the committal of a child for trial.
(9)
Subsection (7) also applies to any provision of an Act other than this Act that
refers (directly or indirectly) to the remand of a child under this section.
Remands to local authority accommodation
20
93
Remands to local authority accommodation
(1)
A remand to local authority accommodation is a remand to accommodation
provided by or on behalf of a local authority.
(2)
A court that remands a child to local authority accommodation must designate
the local authority that is to receive the child.
25
(3)
That authority must be—
(a)
in the case of a child who is being looked after by a local authority, that
authority, and
(b)
in any other case, the local authority in whose area it appears to the
court that the child habitually resides or the offence or one of the
30
offences was committed.
(4)
The designated authority must—
(a)
receive the child, and
(b)
provide or arrange for the provision of accommodation for the child
whilst the child is remanded to local authority accommodation.
35
(5)
Where a child is remanded to local authority accommodation, it is lawful for
any person acting on behalf of the designated authority to detain the child.
94
Conditions etc on remands to local authority accommodation
(1)
A court remanding a child to local authority accommodation may require the
child to comply with any conditions that could be imposed under section 3(6)
40
of the Bail Act 1976 if the child were then being granted bail.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 3 — Remands of children otherwise than on bail
76

(2)
The court may also require the child to comply with any conditions imposed
for the purpose of securing the electronic monitoring of the child’s compliance
with the conditions imposed under subsection (1) if—
(a)
in the case of a child remanded under section 92(1) (proceedings other
than extradition proceedings), the requirements in section 95 are met,
5
or
(b)
in the case of a child remanded under section 92(2) (extradition
proceedings), the requirements in section 96 are met.
(3)
A court remanding a child to local authority accommodation may impose on
the designated authority—
10
(a)
requirements for securing compliance with any conditions imposed on
the child under subsection (1) or (2), or
(b)
requirements stipulating that the child must not be placed with a
named person.
(4)
A court may only impose a condition under subsection (1) or (2), or a
15
requirement under subsection (3), after consultation with the designated
authority.
(5)
Where a child has been remanded to local authority accommodation, a relevant
court—
(a)
may, on the application of the designated authority, impose on that
20
child any conditions that could be imposed under subsection (1) or (2)
if the court were then remanding the child to local authority
accommodation, and
(b)
where it does so, may impose on the authority requirements for
securing compliance with the conditions imposed under paragraph (a).
25
(6)
Where a child has been remanded to local authority accommodation, a relevant
court may, on the application of the designated authority or that child, vary or
revoke any conditions or requirements imposed under this section (including
as previously varied under this subsection).
(7)
A court that imposes conditions on a child under this section or varies
30
conditions so imposed—
(a)
must explain to the child in open court and in ordinary language why
it is imposing or varying those conditions, and
(b)
if the court is a magistrates’ court, must cause a reason given under
paragraph (a) to be specified in the warrant of commitment and entered
35
in the register.
(8)
In this section “relevant court”—
(a)
in relation to a child remanded to local authority accommodation by
virtue of section 92(1) (proceedings other than extradition
proceedings), means—
40
(i)
the court by which the child was so remanded, or
(ii)
any magistrates’ court that has jurisdiction in the place where
the child is for the time being;
(b)
in relation to a child remanded to local authority accommodation by
virtue of section 92(2) (extradition proceedings), means the court by
45
which the child was so remanded.
(9)
References in this section to consultation are to such consultation (if any) as is
reasonably practicable in all the circumstances of the case.