Crime and Courts Bill [HL]

Page 250, line 34, leave out from beginning to end of line 19 on page 251

Page 251, line 2, leave out “must” and insert “may”

Page 251, line 2, at end insert—

“(za) have regard to the need to promote rehabilitation,”

Page 251, line 8, leave out “exceptional”

Page 251, line 8, leave out “exceptional” and insert “particular”

Page 251, line 8, leave out “exceptional” and insert “special”

Page 251, line 14, at end insert—

“(2C) Before including any requirement falling within subsection (2A), the court must consider whether, in the circumstances of the case, the requirement is compatible with any requirement imposed or which it determines shall be imposed pursuant to subsection (1).”

Page 251, line 14, at end insert—

“(2C) Subsection (2A) does not apply where in the opinion of the court compliance with that subsection is likely to reduce the effectiveness of the order in preventing reoffending by the offender.”

Page 251, line 14, at end insert—

“(2C) A punishment requirement may include—

(a) an accredited programme,

(b) a drug requirement,

(c) a curfew,

(d) attending centre,

(e) mental health requirement,

(f) specified activity,

(g) prohibitive activity,

(h) unpaid work, or

(i) exclusion.”

Page 251, line 17, at end insert—

“3A In section 120 of the Coroners and Justice Act 2009 (sentencing guidelines) in subsection (3) after paragraph (a) insert—

“(aa) sentencing guidelines about the application of section 177(2A) of the Criminal Justice Act 2003, as inserted by paragraph 2 of Schedule 16 to the Crime and Courts Act 2013 (punitive elements of community orders),”.”

Page 251, line 19, at end insert—

“4A Nothing in this Schedule affects the provisions of section 142 of the Criminal Justice Act 2003 (purposes of sentencing).”

Page 251, line 32, after “to” insert “meet the needs of the victims and”

Page 251, line 34, leave out “Imposition” and insert “Administration”

Page 252, line 6, at end insert—

7A (1) Contracts made by the Secretary of State with probation trusts shall require each probation trust to make appropriate provision for the delivery of services to female offenders.

(2) Provision under sub-paragraph (1) shall include provision for women to carry out unpaid work and participate in programmes designed to change offending behaviour in groups consisting only of women.”

Page 254, line 33, at end insert “the use or”

Page 254, line 38, at end insert—

“(3) In the course of preparing such a code, the Secretary of State must consult—

(a) the National Offenders Management Service,

(b) the Probation Service,

(c) the Lord Chief Justice,

(d) representatives of chief police constables,

(e) the Information Commissioner,

(f) the Chief Surveillance Commissioner,

(g) such other persons as the Secretary of State considers appropriate.”

Page 257, line 22, leave out “wants” and insert “requires”

Page 257, line 35, leave out paragraph (b)

Page 257, line 43, at end insert—

“( ) Information disclosed to a relevant person must be disclosed to the defendant.

( ) The defendant must be informed of a relevant person to whom information is disclosed.”

Page 259, line 18, at end insert—

28A (1) Contracts made by the Secretary of State with probation trusts shall require each probation trust to make appropriate provision for the delivery of services to young adult offenders.

(2) Provision under sub-paragraph (1) shall include provision for services which provide support and rehabilitation appropriate to the level of maturity of young adult offenders and which increases the likelihood of compliance with community orders.

(3) For the purposes of this paragraph “young adult offender” means a person who is aged at least 18 but under 21 when convicted.”

Page 260, line 24, at end insert—

1 The Offender Management Act 2007 is amended as follows.

2 After section 15, insert—

“15A Power to reorganise the National Probation Service

(1) Any plans to reorganise the Probation Service for England and Wales must be instituted by regulations.

(2) Regulations under subsection (1) shall be subject to the affirmative resolution procedure of each House of Parliament.””

Page 261, line 27, after “unavailable” insert “for a period of or likely to be of more than 21 days”

Page 261, line 32, leave out “but may not be an individual”

Page 262, line 6, at end insert—

“( ) A DPA must impose on P a requirement to pay to the prosecutor a financial penalty broadly comparable to the fine that a court would have imposed on P on conviction for the alleged offence following a guilty plea.”

Page 262, line 7, after “the” insert “additional”

Page 262, line 9, leave out paragraph (a)

Page 262, line 21, leave out sub-paragraph (4)

Page 262, line 22, leave out “must be broadly comparable to” and insert “shall not exceed”

Page 262, line 24, leave out “may” and insert “shall”

Page 262, line 29, leave out “general principles to be applied” and insert “circumstances prosecutors should consider”

Page 262, line 40, at end insert—

“(e) the choice of expiry date for a DPA”

Page 263, line 9, leave out “take account of” and insert “have regard to”

Page 263, line 11, leave out paragraph 7

Page 263, line 14, after “Crown Court” insert “in proceedings to which P is a party”

Page 263, line 18, at end insert—

“( ) The court may not make a declaration under sub-paragraph (1) where, in the case of an individual, P, it appears to the court that a court would be likely to impose on P a sentence of imprisonment on conviction for the alleged offence following a guilty plea.”

Page 263, line 29, after “Court” insert “in proceedings to which P is a party”

Page 263, line 32, leave out sub-paragraph (2)

Page 263, line 40, at end insert “if it appears to the court to be necessary for avoiding substantial risk of prejudice to the administration of justice”

Page 264, line 4, leave out paragraph (c)

Page 266, line 41, leave out paragraph (b)

Page 267, line 3, at end insert “(not exceeding the period during which it considers there to be such a risk)”

Page 267, line 24, at beginning insert “any”

Page 267, line 36, at end insert—

14A Money paid to satisfy a requirement under paragraph (a), (b), (c) or (g) of paragraph 5(3) shall not be treated as a deductible expense for the purposes of taxation.”

Page 269, line 34, leave out “of financial or economic crime”

Page 269, line 35, at end insert—

“( ) adding an offence of a breach of regulations which is not punishable by imprisonment”

Page 269, line 35, at end insert—

“( ) adding an offence for which the penalty is prescribed by the Health and Safety (Offences) Act 2008, not being an offence punishable by imprisonment”

Page 269, line 35, at end insert—

“( ) adding an offence under the Environmental Protection Act 1990”