Crime and Courts Bill (HL Bill 49)

(2) In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial
Conditions and Contributions) (Scotland) Regulations 2011 (criminal advice
and assistance: automatic availability in certain circumstances), in
paragraph (b), after “offences” insert “or immigration or nationality
5offences”.

(3) The amendment of regulation 8 by sub-paragraph (2) above does not
prevent the provision made by that amendment from being amended or
revoked by exercise of the power conferred by section 8A of the Legal Aid
(Scotland) Act 1986 or any other power.

(4) 10Regulation 3(1)(b) of the Criminal Legal Assistance (Duty Solicitors)
(Scotland) Regulations 2011 (duty solicitors: advice for suspects) applies in
relation to a person to whom section 25A of the 1995 Act applies by virtue of
its amendment by paragraph 46 of this Schedule; and, accordingly, in
regulation 3(1)(b), after “customs” insert “, immigration and nationality”.

(5) 15But regulation 3(1)(b) does not have effect in relation to such a person in a
case where—

(a) the person is detained under section 24 of the 1995 Act, and the
period of detention began before the time at which paragraph 46 of
this Schedule comes into force;

(b) 20the person attends as mentioned in section 25A(1)(d) of the 1995 Act,
and the period of attendance began before that time; or

(c) the person is arrested and detained as mentioned in section 25A(1)(e)
of that Act, and the arrest occurred before that time.

(6) Sub-paragraph (4) does not affect the application of regulation 3(1)(b) in
25relation to a person to whom section 25A of the 1995 Act applies otherwise
than by virtue of its amendment by paragraph 47 of this Schedule.

(7) Sub-paragraphs (4) to (6) do not prevent regulation 3(1)(b) from being
amended or revoked by exercise of any power conferred by the Legal Aid
(Scotland) Act 1986 or any other power.

(8) 30In this paragraph “1995 Act” means the Criminal Law (Consolidation)
(Scotland) Act 1995.

Section 29

SCHEDULE 15 Drugs and driving: minor and consequential amendments

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

1 35The Road Traffic Act 1988 is amended as follows.

2 (1) Section 3A (causing death by careless driving when under influence of drink
or drugs) is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

“(ba) he has in his body a specified controlled drug and the
40proportion of it in his blood or urine at that time exceeds the
specified limit for that drug, or”.

(3) In subsection (3), after “(1)(b)” insert “, (ba)”.

3 (1) Section 6C (preliminary drug test) is amended as follows.

(2) In subsection (1)(b), for “in his body.” substitute “in his body and if so—

(i) whether it is a specified controlled drug;

(ii) if it is, whether the proportion of it in the person’s
5blood or urine is likely to exceed the specified limit for
that drug.”

(3) After subsection (2) insert—

“(3) Up to three preliminary drug tests may be administered.”

4 In section 6D (arrest), in subsection (1), for the words after “preliminary
10breath test” substitute “or preliminary drug test the constable reasonably
suspects that—

“(a) the proportion of alcohol in the person’s breath or blood
exceeds the prescribed limit, or

(b) the person has a specified controlled drug in his body and the
15proportion of it in the person’s blood or urine exceeds the
specified limit for that drug.”

5 (1) Section 7 (provision of specimens for analysis) is amended as follows.

(2) After subsection (1) insert—

“(1A) In the course of an investigation into whether a person has
20committed an offence under section 5A of this Act a constable may,
subject to subsections (3) to (7) of this section and section 9 of this
Act, require the person to provide a specimen of blood or urine for a
laboratory test.”

(3) In subsection (3)(c), for “or 4” substitute “, 4 or 5A”.

6 (1) 25Section 10 (detention of persons affected by alcohol or a drug) is amended as
follows.

(2) In subsection (1), for “or 5” substitute “, 5 or 5A”.

(3) In subsection (2), for the words from “whilst his ability” to the end substitute
“whilst—

“(a) 30the person’s ability to drive properly is impaired,

(b) the proportion of alcohol in the person’s breath, blood or
urine exceeds the prescribed limit, or

(c) the proportion of a specified controlled drug in the person’s
blood or urine exceeds the specified limit for that drug.”

7 35In section 192 (general interpretation of Act), in the definition of
“prescribed” in subsection (1), before “means” insert “(except in section
5A)”.

8 The amendments in paragraphs 3 to 6 do not affect the application of
sections 83 and 96 of the Railways and Transport Safety Act 2003.

40Road Traffic Offenders Act 1988 (c. 53)Road Traffic Offenders Act 1988 (c. 53)

9 The Road Traffic Offenders Act 1988 is amended as follows.

10 (1) Section 15 (use of specimens in proceedings for an offence under section 3A,
4 or 5 of the Road Traffic Act) is amended as follows.

(2) In the sidenote, for “section 4 or 5” substitute “any of sections 3A to 5A”.

(3) In subsection (1), for “section 3A, 4 or 5” substitute “any of sections 3A to
5A”.

(4) In subsection (2), for the words from “and, subject to” to the end substitute
5“and—

“(a) it is to be assumed, subject to subsection (3) below, that the
proportion of alcohol in the accused’s breath, blood or urine
at the time of the alleged offence was not less than in the
specimen;

(b) 10it is to be assumed, subject to subsection (3A) below, that the
proportion of a drug in the accused’s blood or urine at the
time of the alleged offence was not less than in the specimen.”

(5) In subsection (3), for “That assumption” substitute “The assumption in
subsection (2)(a) above”.

(6) 15After subsection (3) insert—

“(3A) The assumption in subsection (2)(b) above is not to be made if the
accused proves—

(a) that he took the drug before he provided the specimen or had
the specimen taken from him and—

(i) 20in relation to an offence under section 3A, after the
time of the alleged offence, and

(ii) otherwise, after he had ceased to drive, attempt to
drive or be in charge of a vehicle on a road or other
public place, and

(b) 25that had he not done so the proportion of the drug in his
blood or urine—

(i) in the case of a specified controlled drug, would not
have exceeded the specified limit for that drug, and

(ii) if it is alleged that he was unfit to drive through
30drugs, would not have been such as to impair his
ability to drive properly.”

11 (1) Section 24 (alternative verdicts: general) is amended as follows.

(2) In the table in subsection (1), after the entry relating to section 5(1)(a) of the
Road Traffic Act 1988 insert—

(3) 40In subsection (3), for “or 5(1)(a)” substitute “, 5(1)(a) or 5A(1)(a) and (2)”.

12 In section 34 (disqualification for certain offences), in subsection (3), after
paragraph (b) insert—

“(ba) section 5A(1)(a) and (2) (driving or attempting to drive with
concentration of specified controlled drug above specified
45limit),”.

13 In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in the
table, after the entry beginning “RTA section 5” insert—

14 10The amendments in paragraph 10 do not affect the application of sections 83
and 96 of the Railways and Transport Safety Act 2003.

Football Spectators Act 1989 (c. 37)Football Spectators Act 1989 (c. 37)

15 In Schedule 1 to the Football Spectators Act 1989 (relevant offences for
purposes of making banning order), in paragraph 1(l)—

(a) 15for “or 5” substitute “, 5 or 5A”;

(b) after “limit” insert “or with a concentration of a specified controlled
drug above the specified limit”.

Crime (International Co-operation) Act 2003 (c. 32)2003 (c. 32)

16 In Schedule 3 to the Crime (International Co-operation) Act 2003 (offences
20notifiable to authority of member State where offender normally resident),
in Part 1 (offences where no minimum period of disqualification necessary),
after paragraph (f) of paragraph 3 insert—

“(fa) section 5A (driving, or being in charge, of a motor vehicle
with concentration of specified controlled drug above
25specified limit),”.

Armed Forces Act 2006 (c. 52)Armed Forces Act 2006 (c. 52)

17 In Schedule 1 to the Armed Forces Act 2006 (criminal conduct offences that
may be dealt with at a summary hearing), in Part 1 (offences that may be
dealt with without permission), after paragraph 9 insert—

“9A 30An offence under section 5A of that Act (driving a vehicle with
concentration of specified controlled drug above specified limit).”

Section 24

SCHEDULE 16 Dealing non-custodially with offenders

Part 1 35Community orders: punitive elements

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders) after subsection (2) insert—

“(2A) Where the court makes a community order, the court must—

(a) include in the order at least one requirement imposed for the
purpose of punishment, or

(b) 5impose a fine for the offence in respect of which the
community order is made, or

(c) comply with both of paragraphs (a) and (b).

(2B) Subsection (2A) does not apply where there are exceptional
circumstances which—

(a) 10relate to the offence or to the offender,

(b) would make it unjust in all the circumstances for the court to
comply with subsection (2A)(a) in the particular case, and

(c) would make it unjust in all the circumstances for the court to
impose a fine for the offence concerned.”

3 15In section 148(2A) (restrictions in subsection (2) on making community
orders etc are subject to certain enactments) after “subject to” insert “section
177(2A) (community orders: punitive elements) and to”.

4 An amendment made by this Part of this Schedule does not affect orders in
respect of offences committed before the amendment comes into force.

20Part 2 Deferring the passing of sentence to allow for restorative justice

5 After section 1 of the Powers of Criminal Courts (Sentencing) Act 2000
(court’s power to defer passing of sentence) insert—

“1ZA Undertakings to participate in restorative justice activities

(1) 25Without prejudice to the generality of paragraph (b) of section 1(3),
the requirements that may be imposed under that paragraph include
restorative justice requirements.

(2) Any reference in this section to a restorative justice requirement is to
a requirement to participate in an activity—

(a) 30where the participants consist of, or include, the offender and
one or more of the victims, and

(b) which aims to maximise the offender’s awareness of the
impact of the offending concerned on the victims.

(3) Imposition under section 1(3)(b) of a restorative justice requirement
35requires, in addition to the offender’s consent and undertaking
under section 1(3), the consent of every other person who would be
a participant in the activity concerned.

(4) For the purposes of subsection (3), a supervisor appointed under
section 1A(2) does not count as a proposed participant.

(5) 40Where a restorative justice requirement is imposed under section
1(3)(b), the duty under section 1(5) (to give copies of order) extends
to every person who would be a participant in the activity
concerned.

(6) In this section “victim” means a victim of, or other person affected by,
the offending concerned.”

6 In section 1(8) of that Act (effect of sections 1 and 1A to 1D) for “1A”
substitute “1ZA”.

7 5The amendment made by paragraph 5 does not apply in respect of offences
committed before the amendment comes into force.

Part 3 Removal of limits on compensation orders made against adults

8 (1) Section 131 of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on
10amount payable under magistrates’ court compensation order) is amended
as follows.

(2) Before subsection (1) insert—

“(A1) This section applies if (but only if) a magistrates’ court has convicted
a person aged under 18 (“the offender”) of an offence or offences.”

(3) 15In subsection (1) (compensation in respect of an offence not to exceed £5,000)
for “a magistrates’ court in respect of any offence of which the court has
convicted the offender” substitute “the court in respect of the offence, or any
one of the offences,”.

(4) In subsection (2) (limit in respect of offences taken into consideration) for “a
20magistrates’” substitute “the”.

(5) In the title, at the end insert “in case of young offender”.

9 In section 33B(5) of the Environmental Protection Act 1990 (limit on
compensation in relation to conviction for certain environmental offences)
after “payable” insert “in case of young offender”.

10 25Nothing in this Part of this Schedule affects orders in respect of offences
committed before this Part of this Schedule comes into force.

Part 4 Electronic monitoring of offenders

11 The Criminal Justice Act 2003 is amended as follows.

12 (1) 30Section 177 (community orders) is amended as follows.

(2) In subsection (1) (requirements which may be included in a community
order)—

(a) omit the “and” after paragraph (k), and

(b) after paragraph (l) insert “, and

(m) 35an electronic monitoring requirement (as defined by
section 215).”

(3) In subsection (2) (provisions to which subsection (1) is subject)—

(a) omit the “and” after paragraph (g), and

(b) after paragraph (h) insert “, and

(i) 40section 215(2) (electronic monitoring requirement).”

(4) In subsection (3) (curfew or exclusion requirement must be accompanied by
electronic monitoring requirement) for “(as defined by section 215)”
substitute “within section 215(1)(a) for securing the electronic monitoring of
the curfew or exclusion requirement”.

(5) 5Omit subsection (4) (power, in certain cases where subsection (3) does not
apply, to impose requirement for electronic monitoring of another
requirement included in the community order).

(6) In consequence, omit section 72(2) of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.

13 (1) 10Section 190 (suspended sentence orders) is amended as follows.

(2) In subsection (1) (requirements which may be included in a suspended
sentence order)—

(a) omit the “and” after paragraph (k), and

(b) after paragraph (l) insert “, and

(m) 15an electronic monitoring requirement (as defined by
section 215).”

(3) In subsection (2) (provisions to which subsection (1) is subject)—

(a) omit the “and” after paragraph (g), and

(b) after paragraph (h) insert “, and

(i) 20section 215(2) (electronic monitoring requirement).”

(4) In subsection (3) (curfew or exclusion requirement must be accompanied by
electronic monitoring requirement) for “(as defined by section 215)”
substitute “within section 215(1)(a) for securing the electronic monitoring of
the curfew or exclusion requirement”.

(5) 25Omit subsection (4) (power, in certain cases where subsection (3) does not
apply, to impose requirement for electronic monitoring of another
requirement included in the suspended sentence order).

(6) In consequence, omit section 72(4) of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.

14 30In section 192(3)(b) (reviews of suspended sentence order)—

(a) after “electronic monitoring requirement” insert “within section
215(1)(a)”, and

(b) for “190(1)” substitute “190(1)(a) to (l)”.

15 In section 197(1)(a) (meaning of “the responsible officer” where curfew or
35exclusion requirement imposed)—

(a) in sub-paragraph (i)—

(i) for “177(1)” substitute “177(1)(a) to (l)”, and

(ii) for “190(1)” substitute “190(1)(a) to (l)”, and

(b) in sub-paragraph (ii) after “requirement” insert “within section
40215(1)(a)”.

16 (1) Section 215 (electronic monitoring requirement) is amended as follows.

(2) In subsection (1) (“electronic monitoring requirement” is a requirement for
securing the monitoring of compliance with other requirements)—

(a) for “for securing the” substitute “to submit to either or both of the

following—

“(a)”, and

(b) at the end insert “, and

(b) electronic monitoring of the offender’s whereabouts
5(otherwise than for the purpose of monitoring the
offender’s compliance with any other requirements
included in the order) during a period specified in the
order.”

(3) After subsection (4) insert—

“(4A) 10Where a relevant order imposes an electronic monitoring
requirement, the offender must (in particular)—

(a) submit, as required from time to time by the responsible
officer or the person responsible for the monitoring, to—

(i) being fitted with, or installation of, any necessary
15apparatus, and

(ii) inspection or repair of any apparatus fitted or
installed for the purposes of the monitoring,

(b) not interfere with, or with the working of, any apparatus
fitted or installed for the purposes of the monitoring, and

(c) 20take any steps required by the responsible officer, or the
person responsible for the monitoring, for the purpose of
keeping in working order any apparatus fitted or installed for
the purposes of the monitoring.”

(4) In subsection (5) (electronic monitoring requirement not to be imposed for
25monitoring compliance with alcohol abstinence and monitoring
requirement) after “electronic monitoring requirement” insert “within
subsection (1)(a)”.

(5) In subsection (6) (subsection (5) does not prevent electronic monitoring of
compliance with other requirements) for “this is” substitute “the electronic
30monitoring requirement is within subsection (1)(b) or is included”.

17 After section 215 insert—

“215A Data from electronic monitoring: code of practice

(1) The Secretary of State must issue a code of practice relating to
processing of data gathered in the course of electronic monitoring of
35offenders under electronic monitoring requirements imposed by
relevant orders.

(2) A failure to observe a code issued under this section does not of itself
make a person liable to any criminal or civil proceedings.”

18 (1) Section 218 (availability of arrangements in local area) is amended as
40follows.

(2) In subsection (4)—

(a) after “electronic monitoring requirement” insert “within section
215(1)(a)”, and

(b) in paragraph (b), for “those arrangements” substitute “the
45arrangements currently available”.

(3) After subsection (8) insert—

“(9) A court may not include an electronic monitoring requirement
within section 215(1)(b) in a relevant order in respect of an offender
unless the court—

(a) 5has been notified by the Secretary of State that electronic
monitoring arrangements are available in the local justice
area proposed to be specified in the order,

(b) is satisfied that the offender can be fitted with any necessary
apparatus under the arrangements currently available and
10that any other necessary provision can be made under those
arrangements, and

(c) is satisfied that arrangements are generally operational
throughout England and Wales (even if not always
operational everywhere there) under which the offender’s
15whereabouts can be electronically monitored.”

19 In Schedule 8 (breach etc of community order) in paragraph 3(b)—

(a) after “electronic monitoring requirement” insert “within section
215(1)(a)”, and

(b) for “177(1)” substitute “177(1)(a) to (l)”.

20 (1) 20Schedules 9 and 13 (transfer of community or suspended sentence order to
Scotland or Northern Ireland) are amended as follows.

(2) In paragraphs 1(2)(g) and 3(2)(h) of Schedule 9, and paragraphs 1(2)(g) and
6(2)(h) of Schedule 13, after “requirement” insert “within section 215(1)(a)”.

(3) In paragraphs 1(5) and 3(4A) of Schedule 9, and paragraphs 1(5) and 6(4A)
25of Schedule 13, before “to be complied with” insert “, or an electronic
monitoring requirement within section 215(1)(b),”.

21 In Schedule 12 (breach or amendment of suspended sentence order and
effect of further conviction) in paragraph 15(2)(b)—

(a) after “electronic monitoring requirement” insert “within section
30215(1)(a)”, and

(b) for “190(1)” substitute “190(1)(a) to (l)”.

Part 5 Statements of assets and other financial circumstances of offenders etc

Financial circumstances orders

22 35In section 162(3) of the Criminal Justice Act 2003 (a “financial circumstances
order” is a pre-sentencing order requiring a statement of an offender’s
financial circumstances) after “statement of his” insert “assets and other”.

Further amendments

23 In section 84 of the Magistrates’ Courts Act 1980 (court’s power to require
40statement of means)—

(a) in subsection (1) (court may require statement of means before or on
inquiring into means under section 82) for “means”, in the second
place, substitute “assets and other financial circumstances”, and

(b) in the title for “means” substitute “assets and other financial
circumstances”.

24 In section 20A of the Criminal Justice Act 1991 (false statements as to
financial circumstances)—

(a) 5in subsection (1) (person charged with offence commits further
offence if person responds to official request by making false
statement etc as to financial circumstances) for “his financial
circumstances” substitute “financial circumstances (whether a
statement of assets, of other financial circumstances or of both)”, and

(b) 10in subsection (1A) (person charged with offence commits further
offence if person fails to provide statement of financial circumstances
in response to official request) for “his financial circumstances in
response to” substitute “financial circumstances (whether a
statement of assets, of other financial circumstances or of both)
15requested by”.

25 In section 13B of the Crime and Disorder Act 1998 (parental compensation
orders: the compensation)—

(a) in subsection (4) (provision by parent or guardian of statement of
financial circumstances) after “statement of his” insert “assets and
20other”, and

(b) in subsection (6) (provision of false statement) omit “of his financial
circumstances”.

26 (1) The Courts Act 2003 is amended as follows.

(2) In paragraph 48 of Schedule 5 (offences relating to provision of information
25as to financial circumstances)—

(a) in sub-paragraph (1) (person commits offence if person responds to
relevant request by making false statement etc as to financial
circumstances) for “his financial circumstances” substitute “financial
circumstances (whether a statement of assets, of other financial
30circumstances or of both)”,

(b) in sub-paragraph (3) (person commits offence if person fails to
provide statement of financial circumstances in response to relevant
request) for “statement of his financial circumstances to a fines
officer in response to” substitute “fines officer with a statement of
35financial circumstances (whether a statement of assets, of other
financial circumstances or of both) requested by”, and

(c) in sub-paragraph (5) (meaning of “relevant request”), in the opening
words, after “information about P’s financial circumstances” insert
“(whether about P’s assets, P’s other financial circumstances or
40both)”.

(3) In paragraph 2 of Schedule 6 (cases in which work order may be made)—

(a) in sub-paragraph (3) (magistrates’ court considering making work
order may order person to give statement of means) for “means”
substitute “assets and other financial circumstances”, and

(b) 45in sub-paragraph (4) (application of section 84(2) and (4) of the
Magistrates’ Courts Act 1980) for “means” substitute “assets and
other financial circumstances”.