Police, Crime, Sentencing and Courts Bill (HL Bill 40)

Part 7 continued    

(b)the new relevant place for such of the curfew periods as are
so specified.

(4)The effect of a variation notice is to vary the relevant order as
specified in the notice, with effect from the date so specified.

(5)5A variation notice may specify different variations of the start time,
or of the relevant place, for different days.

(6)Before giving a variation notice containing provision pursuant to
sub-paragraph (3)(b), the responsible officer must obtain and
consider information about each place proposed to be specified in
10the notice.

(7)That information must include information as to the attitude of
persons likely to be affected by the offender’s enforced presence
there.

(8)A variation notice must not—

(a)15vary the length of any of the offender’s curfew periods;

(b)in a case where the relevant order includes a residence
requirement under paragraph 13, vary the relevant place in a
way that is inconsistent with that requirement;

(c)make any variation prohibited by sub-paragraph (9).

(9)20A variation is prohibited by this sub-paragraph if—

(a)the relevant order concerned includes an electronic
compliance monitoring requirement imposed under
paragraph 10(3) (a “monitoring requirement”), and

(b)the responsible officer considers that, if the court had made
25the relevant order imposing the curfew requirement as
varied by the variation, the court—

(i)would not have imposed the monitoring
requirement, or

(ii)would have imposed a different monitoring
30requirement.

(10)The responsible officer must give the appropriate court—

(a)a copy of a variation notice given under this paragraph, and

(b)evidence of the offender’s consent to the notice.

(11)In this paragraph—

(a)35“appropriate court”—

(i)in relation to a community order, has the same
meaning as in Schedule 10 (see paragraph 1 of that
Schedule);

(ii)in relation to a suspended sentence order, has the
40same meaning as in Schedule 16 (see paragraph 1 of
that Schedule);

(b)“curfew periods”, in relation to a relevant order, means the
periods specified in the order under paragraph 9(2)(a);

(c)“relevant place”, in relation to a curfew period, means the
45place specified under paragraph 9(2)(b) at which the offender
is required to remain for that period;

(d)“start time”, in relation to a curfew period, means the time at
which the period is required to start pursuant to the relevant
order.”

(3)In paragraph 16 of Schedule 10 (amendment of community order because of
5change of residence), after sub-paragraph (2) insert—

 “(3)If the permission is given by the responsible officer—

(a)the officer must give notice to the appropriate court of the
permission, and

(b)the court must amend the order as set out in sub-paragraph
10(2).”

(4)After paragraph 17 of that Schedule insert—

“Amendment because of variation of curfew requirement by responsible officer

17A(1)This paragraph applies where at any time the responsible officer
gives—

(a)15a copy of a variation notice in relation to a community order,
and

(b)evidence of the offender’s consent to the notice,

to the appropriate court under paragraph 10A of Schedule 9.

(2)The appropriate court must amend the order to reflect the effect of
20the variation notice.”

(5)In paragraph 23 of Schedule 16 (amendment of suspended sentence order)
because of change of residence), after sub-paragraph (2) insert—

 “(3)If the permission is given by the responsible officer—

(a)the officer must give notice to the appropriate court of the
25permission, and

(b)the court must amend the suspended sentence order as set
out in sub-paragraph (2).”

(6)After paragraph 24 of that Schedule insert—

“Amendment because of variation of curfew requirement by responsible officer

24A(1)30This paragraph applies where at any time the responsible officer
gives—

(a)a copy of a variation notice in relation to a suspended
sentence order, and

(b)evidence of the offender’s consent to the notice,

35to the appropriate court under paragraph 10A of Schedule 9.

(2)The appropriate court must amend the order to reflect the effect of
the variation notice.”

128 Removal of attendance centre requirements for adults

(1)The Sentencing Code is amended in accordance with subsections (2) to (4).

(2)40In section 207(3) (community orders: availability of attendance centre

requirement), for the words from “the offender” to the end substitute “—

(a)the offender was convicted of the offence before the day on
which section 128 of the Police, Crime, Sentencing and Courts
Act 2021 came into force, and

(b)5the offender was aged under 25 when convicted of the offence.”

(3)In section 291(3) (suspended sentence orders: availability of attendance centre
requirement), for the words from “the offender” to the end substitute “—

(a)the offender was convicted of the offence before the day on
which section 128 of the Police, Crime, Sentencing and Courts
10Act 2021 came into force, and

(b)the offender was aged under 25 when convicted of the offence.”

(4)In Schedule 9 (community orders and suspended sentence orders:
requirements), in the heading to Part 13, after “Attendance centre requirement”
insert “: offenders convicted before the day on which section 128 of the Police,
15Crime, Sentencing and Courts Act 2021 came into force”.

(5)Schedule 12 contains related amendments.

129 Special procedures relating to review and breach

Schedule 13 makes provision for, and in relation to, the powers of courts—

(a)to review community and suspended sentence orders, and

(b)20to commit an offender to custody for breach of a community or
suspended sentence order.

130 Drug testing requirement

Schedule 14 amends the Sentencing Code to make provision for a drug testing
requirement in community orders and suspended sentence orders.

25Unpaid work requirements

131 Duty to consult on unpaid work requirements

After section 10 of the Offender Management Act 2007 insert—

“10A Duty to consult on unpaid work requirements

(1)Each provider of probation services must, in each calendar year,
30consult the prescribed persons about the work to be performed by
persons who—

(a)are subject to unpaid work requirements, and

(b)are supervised by that provider.

(2)In this section “prescribed person” means a person, or a person of a
35description, prescribed by regulations made by the Secretary of State.

(3)In this section “unpaid work requirement” means an unpaid work
requirement as defined by—

(a)paragraph 10(1) of Schedule 6 to the Sentencing Code (youth
rehabilitation orders),

(b)40paragraph 1(1) of Schedule 9 to the Sentencing Code
(community orders and suspended sentence orders), or

(c)paragraph 3A(1) of Schedule A1 to the Children Act 1989
(enforcement orders).

(4)For the purposes of this section a person is supervised by a provider of
probation services if an officer of that provider has functions relating to
5the person’s compliance with an unpaid work requirement.”

Part 8 Youth justice

Youth remand

132 Youth remand

(1)10The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended
as follows.

(2)In section 91 (remands of children otherwise than on bail), after subsection (4)
insert—

“(4A)Before deciding whether to remand a child to youth detention
15accommodation in accordance with section 102 the court must consider
the interests and welfare of the child.”

(3)In section 98 (first set of conditions for a remand to youth detention
accommodation)—

(a)in subsection (1), after paragraph (a) insert—

“(aa)20the sentencing condition (see subsection (2A)),”;

(b)after subsection (2) insert—

“(2A)The sentencing condition is that it appears to the court that it is
very likely that the child will be sentenced to a custodial
sentence for the offence mentioned in section 91(1) or one or
25more of those offences.”;

(c)in subsection (4), at the end (after paragraph (b)) insert “, and that the
risks posed by the child cannot be managed safely in the community”.

(4)In section 99 (second set of conditions for a remand to youth detention
accommodation)—

(a)30in subsection (3), for “there is a real prospect” substitute “it is very
likely”;

(b)in subsection (5)(a)—

(i)after “recent” insert “and significant”;

(ii)after “remand” insert “, and it appears to the court that the
35history is relevant in all the circumstances of the case”;

in subsection (6)—

(i)after “recent” insert “and significant”;

(ii)after “remand” insert “, and this appears to the court relevant in
all the circumstances of the case”;

(d)40in subsection (7), at the end (after paragraph (b)) insert “, and that the
risks posed by the child cannot be managed safely in the community”.

(5)In section 100 (first set of conditions for a remand to youth detention
accommodation: extradition cases)—

(a)in subsection (1), after paragraph (a) insert—

“(aa)the sentencing condition (see subsection (2A)),”;

(b)after subsection (2) insert—

“(2A)The sentencing condition is that it appears to the court that, if
5the child were convicted in England and Wales of an offence
equivalent to the offence to which the extradition proceedings
relate or one or more of those offences, it is very likely that the
child would be sentenced to a custodial sentence for that offence
or those offences.”;

(c)10in subsection (4), at the end (after paragraph (b)) insert “, and that the
risks posed by the child cannot be managed safely in the community”.

(6)In section 101 (second set of conditions for a remand to youth detention
accommodation: extradition cases)—

(a)in subsection (3), for “there would be a real prospect” substitute “it is
15very likely”;

(b)in subsection (5)(a)—

(i)after “recent” insert “and significant”;

(ii)after “remand,” insert “and it appears to the court that the
history is relevant in all the circumstances of the case,”;

20in subsection (6)—

(i)after “recent” insert “and significant”;

(ii)after “remand” insert “, and this appears to the court relevant in
all the circumstances of the case”;

(d)in subsection (7), at the end (after paragraph (b)) insert “, and that the
25risks posed by the child cannot be managed safely in the community”.

(7)In section 102 (remands to youth detention accommodation)—

(a)in subsection (4), before paragraph (a) insert—

“(za)state in open court that it has considered subsections (3)
and (4A) of section 91,”;

(b)30in subsection (5), before paragraph (a) insert—

“(za)is given in writing to—

(i)the child,

(ii)any legal representative of the child, and

(iii)any youth offending team which appears to the
35court to have functions in relation to the child,”.

Detention and training orders

133 Discretion as to length of term

In section 236(1) of the Sentencing Code (term of detention and training order),
for “4, 6, 8, 10, 12, 18 or 24 months” substitute “at least 4 months but must not
40exceed 24 months”.

134 Consecutive detention and training order and sentence of detention: effect of
early release decision

(1)In section 237 of the Sentencing Code (making of detention and training order
where offender subject to other order or sentence of detention), omit
5subsection (5).

(2)In section 241 of that Code (period of detention and training), after subsection
(5) insert—

“Consecutive detention and training order and sentence of detention

(5A)Where the offender is also subject to a sentence of any of the following
10kinds that is to take effect, by virtue of an order to which subsection (7)
applies, when the offender would otherwise be released for
supervision—

(a)a sentence of detention under section 250 or 252A,

(b)a sentence of detention under section 209 or 224A of the Armed
15Forces Act 2006, or

(c)an extended sentence of detention under section 254 (including
one passed as a result of section 221A of the Armed Forces Act
2006),

subsection (4) is to be read as if, instead of conferring a power to release
20the offender, it conferred a power to determine that the Secretary of
State would, but for the sentence concerned, have released the
offender.”

(3)In section 264AA of the Criminal Justice Act 2003 (consecutive terms: detention
and training orders), after subsection (1) insert—

“(1A)25In a case where the detention and training order was made on or after
the day on which section 134 of the Police, Crime, Sentencing and
Courts Act 2021 came into force, section 246(1)(a) is to be read as if,
instead of conferring a power to release the offender, it conferred a
power to determine that the Secretary of State would, but for the
30detention and training order, have directed the offender’s release
under that section.”

135 Detention and training orders: time to count as served

Schedule 15 makes provision in relation to the treatment of time spent
remanded in custody or on bail as time served in relation to detention and
35training orders.

Youth rehabilitation orders

136 Youth rehabilitation orders

(1)Schedule 16 contains amendments to provisions of the Criminal Justice and
Immigration Act 2008 and the Sentencing Act 2020 which relate to youth
40rehabilitation orders.

(2)In the following provisions of this section, “the relevant YRO provisions”
means—

(a)Parts 2 and 3 of Schedule 16, and

(b)subsection (1) of this section so far as relating to those Parts.

(3)Regulations under section 176(1) which bring any of the relevant YRO
provisions into force only for a specified purpose or in relation to a specified
area may—

(a)provide for that provision to be in force for that purpose or in relation
5to that area for a specified period, and

(b)make transitional or saving provision in connection with that provision
ceasing to be in force at the end of the specified period.

(4)Regulations containing provision by virtue of subsection (3)(a) may be
amended by subsequent regulations under section 176(1) so as to continue any
10of the relevant YRO provisions in force for the specified purpose or in relation
to the specified area for a further specified period.

(5)Accordingly, the reference to section 419(1) of the Sentencing Act 2020, as
applied by section 174, to the coming into force of an amendment is to be read
as including a reference to the continuing in force of an amendment by reason
15of subsection (4).

(6)In subsections (3) and (4), “specified” means specified in regulations under
section 176(1).

(7)Subsection (8) applies if—

(a)the Secretary of State has made regulations under section 176(1) which
20make provision permitted by subsection (3), and

(b)the Secretary of State subsequently makes regulations under section
176(1) which bring any of the relevant YRO provisions into force
without making provision permitted by subsection (3).

(8)The regulations mentioned in subsection (7)(b) may—

(a)25provide that those provisions are to come into force with the
amendments specified in the regulations;

(b)make amendments to the Criminal Justice and Immigration Act 2008 or
the Sentencing Act 2020 in consequence of the amendments made by
paragraph (a).

(9)30A statutory instrument containing regulations under section 176(1) which
make provision permitted by subsection (8) (whether alone or with other
provision) may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.

Abolition of reparation orders

137 35Abolition of reparation orders

In section 110(1) of the Sentencing Code (availability of reparation order),
before paragraph (a) insert—

( )“the offender is convicted of the offence before the day on which
section 137 of the Police, Crime, Sentencing and Courts Act 2021
40comes into force,”.

Part 9 Secure children's homes and secure 16 to 19 Academies

138 Temporary release from secure children’s homes

(1)This section applies to a person who is detained in a secure children’s home in
5pursuance of—

(a)a sentence of detention,

(b)a detention and training order or a further detention order,

(c)a detention order under Schedule 5A to the Policing and Crime Act
2009 (breach of gang injunction), or

(d)10a detention order under Schedule 2 to the Anti-social Behaviour, Crime
and Policing Act 2014 (breach of anti-social behaviour injunction).

(2)The Secretary of State or the manager of the home may temporarily release a
person to whom this section applies.

(3)A temporary release under this section may be granted subject to conditions.

(4)15A person who is temporarily released under this section may be recalled at any
time by the Secretary of State or the manager of the home (irrespective of which
of those granted the release).

(5)A manager of a secure children’s home must have regard to any guidance
issued by the Secretary of State about the use of powers of temporary release
20under this section.

(6)In this section—

• “detention and training order” has the same meaning as in the Sentencing
  Code (see section 233 of that Code) and includes an order made under
  section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or
  25section 211 of the Armed Forces Act 2006;

• “further detention order” has the same meaning as in Schedule 12 to the
  Sentencing Code (see paragraph 1 of that Schedule) and includes an
  order made under section 104(3) of the Powers of Criminal Courts
  (Sentencing) Act 2000 and a further detention order made by virtue of
  30section 213 of the Armed Forces Act 2006;

• “secure children’s home”—

  (a)

  in relation to England, means a children’s home, within the
  meaning of section 1 of the Care Standards Act 2000, which
  provides accommodation for the purposes of restricting liberty;

  (b)

  35in relation to Wales, means residential premises which provide
  a secure accommodation service within the meaning of Part 1 of
  the Regulation and Inspection of Social Care (Wales) Act 2016
  (anaw 2);

• “manager”—

  (a)

  40in relation to a secure children’s home in England, means the
  person who is registered under Part 2 of the Care Standards Act
  2000 as the manager of the home or, in a case where no such
  person is registered, the person who is registered under that
  Part as the person who carries on the home;

  (b)

  45in relation to a secure children’s home in Wales, means the
  person who is designated as the responsible individual in

  Police, Crime, Sentencing and Courts BillPage 128

   

  respect of the home for the purposes of Part 1 of the Regulation
  and Inspection of Social Care (Wales) Act 2016.

(7)In section 49 of the Prison Act 1952 (persons unlawfully at large), after
subsection (4) insert—

“(4ZA)5For the purposes of this section a person who, after being temporarily
released in pursuance of section 138 of the Police, Crime, Sentencing
and Courts Act 2021 (temporary release from a secure children’s
home), is at large at any time during the period for which they are liable
to be detained pursuant to their sentence shall be deemed to be
10unlawfully at large if the period for which they were temporarily
released has expired or if they have been recalled under that section.”

139 Secure 16 to 19 Academies

(1)In section 1B of the Academies Act 2010 (16 to 19 Academies), at the end
insert—

“(4)15A 16 to 19 Academy may provide secure accommodation for its pupils,
but only if it is approved to do so by the Secretary of State.

(5)“Secure accommodation” means accommodation that is provided for
the purpose of restricting liberty.

(6)The Secretary of State may grant approval under subsection (4) subject
20to conditions.

(7)A 16 to 19 Academy which provides secure accommodation for its
pupils is to be known as a secure 16 to 19 Academy.”

(2)In section 12 of that Act (charitable and trust corporation status of Academy
proprietors etc), at the end insert—

“(5)25The setting up, establishment and running of a secure 16 to 19 Academy
is to be treated as a charitable purpose that falls within the description
in section 3(1)(b) of the Charities Act 2011 (advancement of education)
for the purposes of—

(a)this section,

(b)30the Charities Act 2011, and

(c)any other enactment that applies (in whatever way) the
definition of “charitable purpose” in section 2 of that Act.

(6)But subsection (5) is to be disregarded in determining, in accordance
with section 3(1)(m) of the Charities Act 2011, whether a purpose may
35be regarded as analogous to, or within the spirit of, a purpose falling
within paragraph (b) of section 3(1) of that Act.”

(3)In section 248(1) of the Sentencing Code (meaning of “youth detention
accommodation”), after paragraph (b) insert—

“(ba)a secure 16 to 19 Academy,”.

(4)40In the Children’s Homes (England) Regulations 2015 (S.I. 2015/541)—

(a)in regulation 2 (interpretation), in paragraph (1), in the definition of
“secure children’s home”—

(i)after “means” insert “—

(a)”;

(ii)at the end insert “; or

(b)a secure 16 to 19 Academy (see section 1B(4) to
(7) of the Academies Act 2010);”;

(b)in regulation 3 (excepted establishments)—

(i)5in paragraph (1)(b), for “as” substitute “other than a secure 16 to
19 Academy, as those terms are”;

(ii)omit paragraph (1A).

Part 10 Management of offenders

10Chapter 1 Serious violence reduction orders

140 Serious violence reduction orders

(1)In Part 11 of the Sentencing Code (behaviour orders) after Chapter 1 insert—

“Chapter 1A 15Serious violence reduction orders

342A Power to make serious violence reduction order

(1)This section applies where—

(a)a person aged 18 or over (“the offender”) is convicted of an
offence which was committed on or after the first appointed
20day, and

(b)the prosecution makes an application to the court for a serious
violence reduction order to be made in respect of the offender.

(2)Subject to subsection (6), the court may make a serious violence
reduction order in respect of the offender if—

(a)25the condition in subsection (3) or (4) is met, and

(b)the condition in subsection (5) is met.

(3)The condition in this subsection is that the court is satisfied on the
balance of probabilities that—

(a)a bladed article or offensive weapon was used by the offender
30in the commission of the offence, or

(b)the offender had a bladed article or offensive weapon with them
when the offence was committed.

(4)The condition in this subsection is that the court is satisfied on the
balance of probabilities that—

(a)35a bladed article or offensive weapon was used by another
person in the commission of the offence and the offender knew
or ought to have known that this would be the case, or

(b)another person who committed the offence had a bladed article
or offensive weapon with them when the offence was
40committed and the offender knew or ought to have known that
this would be the case.