Crime and Courts Bill (HL Bill 70)

(b) impose 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
5circumstances which—

(a) relate 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
10impose a fine for the offence concerned.”

3 In 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
15respect of offences committed before the amendment comes into force.

Part 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 20 Undertakings to participate in restorative justice activities

(1) Without 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
25a requirement to participate in an activity—

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

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

(c) 30which gives an opportunity to a victim or victims to talk
about, or by other means express experience of, the offending
and its impact.

(3) Imposition under section 1(3)(b) of a restorative justice requirement
requires, in addition to the offender’s consent and undertaking
35under 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) Where a restorative justice requirement is imposed under section
401(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 The amendment made by paragraph 5 does not apply in respect of offences
committed before the amendment comes into force.

5Part 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
amount payable under magistrates’ court compensation order) is amended
as follows.

(2) 10Before 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) In 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
15convicted 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
magistrates’” substitute “the”.

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

9 20In 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 Nothing in this Part of this Schedule affects orders in respect of offences
committed before this Part of this Schedule comes into force.

25Part 4 Electronic monitoring of offenders

11 The Criminal Justice Act 2003 is amended as follows.

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

(2) In subsection (1) (requirements which may be included in a community
30order)—

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

(b) after paragraph (l) insert “, and

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

(3) 35In subsection (2) (provisions to which subsection (1) is subject)—

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

(b) after paragraph (h) insert “, and

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

(4) In subsection (3) (curfew or exclusion requirement must be accompanied by
40electronic 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) Omit subsection (4) (power, in certain cases where subsection (3) does not
apply, to impose requirement for electronic monitoring of another
5requirement 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) Section 190 (suspended sentence orders) is amended as follows.

(2) In subsection (1) (requirements which may be included in a suspended
10sentence order)—

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

(b) after paragraph (l) insert “, and

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

(3) 15In subsection (2) (provisions to which subsection (1) is subject)—

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

(b) after paragraph (h) insert “, and

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

(4) In subsection (3) (curfew or exclusion requirement must be accompanied by
20electronic 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) Omit subsection (4) (power, in certain cases where subsection (3) does not
apply, to impose requirement for electronic monitoring of another
25requirement 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 In section 192(3)(b) (reviews of suspended sentence order)—

(a) after “electronic monitoring requirement” insert “within section
30215(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
exclusion requirement imposed)—

(a) in sub-paragraph (i)—

(i) 35for “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
215(1)(a)”.

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

(2) 40In 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
(otherwise than for the purpose of monitoring the
offender’s compliance with any other requirements
5included in the order) during a period specified in the
order.”

(3) After subsection (4) insert—

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

(a) 10submit, 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
apparatus, and

(ii) inspection or repair of any apparatus fitted or
15installed 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) take any steps required by the responsible officer, or the
person responsible for the monitoring, for the purpose of
20keeping 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
monitoring compliance with alcohol abstinence and monitoring
requirement) after “electronic monitoring requirement” insert “within
25subsection (1)(a)”.

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

17 After section 215 insert—

“215A 30 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
offenders under electronic monitoring requirements imposed by
relevant orders.

(2) 35A 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
follows.

(2) In subsection (4)—

(a) 40after “electronic monitoring requirement” insert “within section
215(1)(a)”, and

(b) in paragraph (b), for “those arrangements” substitute “the
arrangements 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 paragraph 1(5) of each of Schedules 9 and 13 (certain requirements not to
25be included in orders to be complied with in Scotland) before “to be
complied with” insert “, or an electronic monitoring requirement within
section 215(1)(b),”.

(4) In paragraph 3(1) of Schedule 9 and paragraph 6(1) of Schedule 13 (pre-
conditions for imposing requirements where offender will be living in
30Northern Ireland) before the “and” at the end of paragraph (a) insert—

“(aa) in the case of an order imposing an electronic monitoring
requirement within section 215(1)(b)—

(i) that any necessary provision can be made in the
offender’s case under arrangements that exist for
35persons resident in that locality, and

(ii) that arrangements are generally operational
throughout Northern Ireland (even if not always
operational everywhere there) under which the
offender’s whereabouts can be electronically
40monitored,”.

(5) In paragraphs 3(3)(b) and (4) and 13(b) of Schedule 9 and paragraph 6(3)(b)
and (4) of Schedule 13 (references to the pre-conditions) for “and (b)”
substitute “to (b)”.

(6) In paragraph 4(3)(d) of Schedule 9 and paragraph 9(3)(d) of Schedule 13
45(disapplication of section 218(4)) for “subsection (4)” substitute “subsections
(4) and (9)”.

(7) In paragraph 17 of Schedule 13 (reference to the pre-conditions) for “and
(b)”, in the second place, substitute “to (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
215(1)(a)”, and

(b) 5for “190(1)” substitute “190(1)(a) to (l)”.

Part 5 Community orders: further provision

Breaches of community orders

22 (1) Omit paragraph (a) in each of subsections (2) and (5) of section 67 of the
10Legal Aid, Sentencing and Punishment of Offenders Act 2012 (amendments
which would have turned duties to deal with breaches into powers to do so).

(2) In paragraph 9(6) of Schedule 8 to the Criminal Justice Act 2003 (which refers
to provision that would have been made by those amendments) for “have
the power” substitute “be required”.

15Community order not to be made in case of knife etc offence attracting minimum sentence

23 (1) In section 150 of the Criminal Justice Act 2003 (no power to make
community order or youth rehabilitation order where sentence fixed by
law)—

(a) the existing provision becomes subsection (1) of that section, and

(b) 20after that subsection insert—

“(2) The power to make a community order is not exercisable in
respect of an offence for which the sentence—

(a) falls to be imposed under section 1A(5) of the
Prevention of Crime Act 1953 (minimum sentence for
25offence of threatening with offensive weapon in
public), or

(b) falls to be imposed under section 139AA(7) of the
Criminal Justice Act 1988 (minimum sentence for
offence of threatening with article with blade or point
30in public or on school premises or with offensive
weapon on school premises).”

(2) In consequence of sub-paragraph (1), in Schedule 26 to the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 omit paragraph 19
(which would have made provision corresponding to the new section 150(2)
35of the 2003 Act but also preventing the making of youth rehabilitation
orders).

Part 6 Statements of assets and other financial circumstances of offenders etc

Financial circumstances orders

24 40In 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

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

(a) in subsection (1) (court may require statement of means before or on
5inquiring 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”.

26 In section 20A of the Criminal Justice Act 1991 (false statements as to
10financial circumstances)—

(a) in 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
15statement of assets, of other financial circumstances or of both)”, and

(b) in 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
20statement of assets, of other financial circumstances or of both)
requested by”.

27 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
25financial circumstances) after “statement of his” insert “assets and
other”, and

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

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

(2) 30In paragraph 48 of Schedule 5 (offences relating to provision of information
as 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
35circumstances (whether a statement of assets, of other financial
circumstances 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
40officer in response to” substitute “fines officer with a statement of
financial 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
45“(whether about P’s assets, P’s other financial circumstances or
both)”.

(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) in sub-paragraph (4) (application of section 84(2) and (4) of the
5Magistrates’ Courts Act 1980) for “means” substitute “assets and
other financial circumstances”.

Part 7 Information to enable a court to deal with an offender

Power to disclose information

29 (1) 10The Secretary of State or a Northern Ireland Department, or a person
providing services to the Secretary of State or a Northern Ireland
Department, may disclose social security information to a relevant person.

(2) Her Majesty’s Revenue and Customs, or a person providing services to the
Commissioners for Her Majesty’s Revenue and Customs, may disclose
15finances information to a relevant person.

(3) The disclosure authorised by sub-paragraph (1) or (2) is disclosure of the
information concerned for use by a court that, in connection with dealing
with a person (“the defendant”) for an offence, is inquiring into or
determining the defendant’s financial circumstances.

(4) 20Sub-paragraphs (1) and (2) do not authorise disclosure in a particular case at
a time when the defendant is under 18.

(5) Information disclosed to a relevant person under sub-paragraph (1) or (2) or
paragraph (a)(ii)—

(a) must not be further disclosed by the relevant person except—

(i) 25to a court that, in connection with dealing with the defendant
for the offence, is inquiring into or determining the
defendant’s financial circumstances, or

(ii) to another relevant person who wants social security
information or finances information in order that it can be put
30before a court that, in connection with dealing with the
defendant for the offence, is inquiring into or determining the
defendant’s financial circumstances, and

(b) must not be used by the relevant person otherwise than for the
purpose of disclosing it as mentioned in paragraph (a)(i) or (ii).

(6) 35Sub-paragraphs (1), (2) and (5)(a) not only authorise disclosure after
conviction of the defendant but also authorise disclosure at any time after
the defendant is first charged with the offence.

(7) Sub-paragraph (5) does not prohibit—

(a) disclosure to the defendant, or to a person representing the
40defendant in any proceedings in connection with the offence;

(b) disclosure or use of information which is in the form of a summary
or collection of information so framed as not to enable information
relating to any particular person to be ascertained from it;

(c) disclosure or use of information which has previously been disclosed
45to the public with lawful authority;

(d) disclosure or use of information so far as necessary to comply with—

(i) an order of a court,

(ii) an order of a tribunal established by or under an Act, or

(iii) a duty imposed by or under an Act.

(8) In sub-paragraph (7) “court” means any court, but elsewhere in this
5paragraph “court” means—

(a) a magistrates’ court, or the Crown Court, in England and Wales,

(b) the Court Martial, the Service Civilian Court or the Summary Appeal
Court, or

(c) any court hearing an appeal (including an appeal by case stated)
10from a court within paragraph (a) or (b).

(9) In this paragraph—

• “finances information” means information which—

  (a)

  is about a person’s income, gains or capital, and

  (b)

  is held—

  (i)

  15by Her Majesty’s Revenue and Customs, or

  (ii)

  by a person providing services to the Commissioners
  for Her Majesty’s Revenue and Customs in
  connection with the provision of those services,

  or information which is held with information so held;

• 20“relevant person” means—

  (a)

  a person who is appointed by the Lord Chancellor under
  section 2(1) of the Courts Act 2003 or provided under a
  contract made by virtue of section 2(4) of that Act,

  (b)

  a person who is a member of or on the staff of the Service
  25Prosecuting Authority, or

  (c)

  a person not within paragraph (b) who is, or who is assisting,
  a person engaged to represent the Service Prosecuting
  Authority in proceedings before a court;

• “Service Prosecuting Authority” means—

  (a)

  30the Director of Service Prosecutions, and

  (b)

  the persons appointed under section 365 of the Armed Forces
  Act 2006 (prosecuting officers);

• “social security information” means information which is held for the
  purposes of functions relating to social security—

  (a)

  35by the Secretary of State or a Northern Ireland Department,
  or

  (b)

  by a person providing services to the Secretary of State, or a
  Northern Ireland Department, in connection with the
  provision of those services,

  40or information which is held with information so held.

(10) The reference in sub-paragraph (9) to functions relating to social security
includes a reference to functions relating to any of the matters listed in
section 127(8) of the Welfare Reform Act 2012 (statutory payments and
maternity allowances).

45Offence where information wrongly used or disclosed

30 (1) It is an offence for a person to disclose or use information in contravention
of paragraph 29(5).

(2) It is a defence for a person charged with an offence under sub-paragraph (1)
to prove that the person reasonably believed that the disclosure or use
concerned was lawful.

(3) A person guilty of an offence under sub-paragraph (1) is liable—

(a) 5on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or

(ii) to a fine, or

(iii) to both;

(b) on summary conviction—

(i) 10to imprisonment for a period not exceeding 12 months, or

(ii) to a fine not exceeding the statutory maximum, or

(iii) to both.

(4) Sub-paragraph (3)(b) applies—

(a) in England and Wales in relation to offences committed before the
15commencement of section 154(1) of the Criminal Justice Act 2003
(general limit on power of magistrates’ courts to impose
imprisonment), and

(b) in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(5) 20A prosecution for an offence under sub-paragraph (1)—

(a) may be instituted in England and Wales only by or with the consent
of the Director of Public Prosecutions, and

(b) may be instituted in Northern Ireland only by or with the consent of
the Director of Public Prosecutions for Northern Ireland.

25Part 8 Related amendments in Armed Forces Act 2006

Community orders: punitive elements

31 The Armed Forces Act 2006 is amended as follows.

32 In section 178 (service community orders), in subsection (3) (provisions of
30the 2003 Act in which “community order” includes a service community
order) for “177(3)” substitute “177(2A)”.

33 (1) Section 182 (overseas community orders) is amended as follows.

(2) After subsection (3) insert—

“(3A) In section 177(2A) and (2B) of the 2003 Act (community orders:
35punitive elements) “community order” includes an overseas
community order if the offender is aged 18 or over when convicted
of the offence in respect of which the overseas community order is
made.”

(3) In subsection (5) (provisions of the 2003 Act in which “court” includes a
40relevant service court) for “those provisions” substitute “the provisions of
the 2003 Act mentioned in subsections (3A) and (4)”.

34 In section 270 (restrictions on community punishments) after subsection (2)